REQUEST FOR PROPOSAL Selection of Supervision and Quality ...

REQUEST FOR PROPOSAL

Selection

of

Supervision and Quality Control

Consultant (SQC) for

Waidhan 2 Multi Village Scheme (MVS)

in

Madhya Pradesh

NIT No. 03/Proc./MPJN/2021-22 Bhopal, Date: 27.04.2021

MADHYA PRADESH JAL NIGAM (A Government of Madhya Pradesh Undertaking)

D Wing, 2nd Floor, Vindhyachal Bhawan, Bhopal - 462004

Web: mpjalnigam.mp.gov.in, E-mail: [email protected]

Ph: 0755-2579874, 2579034/35/36 Fax: 0755-2579873

CIN - U41000MP2012SGC028798

Table of Contents

Short Notice ............................................................................................................................... 3

PART 1 – SELECTION PROCEDURES.................................................................................. 5

Section I: Instruction to Consultants .......................................................................................... 7

Section II: Data Sheet .............................................................................................................. 20

Section III: Technical Proposal Evaluation Methodology ....................................................... 22

Section IV: Technical Proposal Forms .................................................................................... 27

PART 2- TERMS OF REFERENCE ....................................................................................... 42

Section V: Terms of Reference ................................................................................................ 43

PART 3 – CONDITIONS OF CONTRACT AND CONTRACT FORMS ............................ 70

Section VI: Form of Contract .................................................................................................. 71

Section VII: General Conditions of Contract (GCC) ............................................................... 73

Section VIII. Special Conditions of Contract (SCC) ............................................................... 91

Section IX: Appendices ........................................................................................................... 94

Short Notice

MADHYA PRADESH JAL NIGAM (A Government of Madhya Pradesh Undertaking)


www.mpjalnigam.mp.gov.in, E-mail: [email protected]

Ph: 0755-2579874-2579034-35-36 Fax: 0755-2579873

CIN - U41000MP2012SGC028798

NIT No. 02-08/Proc./MPJN/2021-22 Bhopal, Dated 27/04/2021

Notice Inviting Online Request for Proposal (RFP) for

Selection of Consultants for Multi Village Schemes (MVSs)

under Jal Jeevan Mission (JJM) in Madhya Pradesh

Madhya Pradesh Jal Nigam (MPJN) intends to engage following consultants for Multi Village

Schemes (MVS) under Jal Jeevan Mission (JJM) in Madhya Pradesh on man-month basis:

1. Supervision & Quality Control Consultant (SQC)

2. Third-Party Inspection Agency (TPIA)

Bids are invited online through Madhya Pradesh Government E-Procurement Portal.

NIT

No.

District /

PIU Name Name of MVS

No. of

Villages

PAC

(Rs. Cr.)

Duration

(months)

EMD

(Rs. Lakh)

Document

Fee (Rs.)

A. Supervision & Quality Control Consultant (SQC)

02 Shivpuri Madikheda 842 12.43 39 10.00 30,000

03 Singrauli Waidhan 2 184 5.26 33 5.26 20,000

B. Third-Party Inspection Agency (TPIA)

04 Guna Rajghat Dam 1,573

8.58 39

8.58 20,000 Gopikrishnan 354 33

05 Singrauli

Waidhan 1 283

6.35

39

6.35 20,000 Waidhan 2 184 33

Gond Deosar 206 33

06 Gwalior Madikheda 842 5.20 39 5.20 20,000

07 Indore Nemawar 115

2.96 33

2.96 15,000 Rajond 74 27

08 Agar Malwa Agar Malwa 480 2.73 33 2.73 15,000

Terms:

1. Detailed NIT can be seen and downloaded from the Madhya Pradesh Government E-

Procurement Portal (https://mptenders.gov.in).

2. Cost of Tender Document and EMD of required amount is to be submitted online on

Madhya Pradesh Government E-Procurement Portal.

https://mptenders.gov.in/

3. The schedule for bidding process is specified as critical dates on the Madhya Pradesh

Government E-Procurement Portal.

4. The pre-bid meeting will be held as per schedule mentioned on Madhya Pradesh

Government E-Procurement Portal at MPJN head office, Bhopal. Bidders may submit their

queries through email to contact details specified in Data Sheet.

5. MPJN will not be responsible for any delay in submission of Bid due to any reason.

6. The financial bids shall be opened in the order specified in the table above.

7. The financial bids of the firms that have been cumulatively awarded (whether alone or in

joint venture, with same or different firms) across NIT 22-37, Date 04.12.2020 or adjudged

as the lowest bidder across NIT 02-08 [Supervision and Quality Control Consultant (SQC)

& Third-Party Inspection Agency (TPIA)] for three packages will not be opened for

subsequent packages (whether alone or in joint venture, with same or different firms).

Further, firms that have been awarded three packages (whether alone or in joint venture,

with same or different firms) across NIT 22-37, Date 04.12.2020 are not eligible to

participate in NIT 02-08.

8. The financial bids of the firm that is adjudged as the lowest bidder for a package for

Supervision and Quality Control Consultant (SQC) will not be opened for Third-Party

Inspection Agency (TPIA) package containing the same scheme to avoid conflict of

interest.

9. In case a firm is adjudged to be lowest in more than one package with the same proposed

key experts across Supervision and Quality Control Consultant (SQC) & Third-Party

Inspection Agency (TPIA) (NIT No. 02-08), it will be allowed to use the proposed key

experts which had already qualified for other packages within NIT No. 02-08 in which it is

not adjudged the lowest bidder without any penalty for alteration of manpower as specified

in the NIT.

10. MPJNM reserves the right to accept or reject any Bid, cancel the bidding process and reject

all bids, at any time prior to the award of contract, without incurring any notice and

answerability to the affected bidder or bidders or any obligation to inform the affected

bidder or bidders regarding the grounds for the decision.

11. For any queries related to bid document, please call Madhya Pradesh Jal Nigam Phone No.

- 0755-2579874, 0755-2579034/35/36.

12. For any queries related to bid submission, please call Madhya Pradesh Government E-

Procurement Cell Help Desk Number 0120-4001002/5, 0120-4200 462, 0120-6277 787.

Managing Director

Madhya Pradesh Jal Nigam

PART 1 – SELECTION PROCEDURES

RFP for Selection of Supervision & Quality Control (SQC) Consultant for Waidhan 2 MVS

Madhya Pradesh Jal Nigam Page | 6

Contents

Section I: Instruction to Consultants .......................................................................................... 7

1. Definitions ............................................................................................................... 7

2. Introduction ............................................................................................................. 8

3. Conflict of Interest ................................................................................................... 8

4. Corrupt and Fraudulent Practices ............................................................................ 9

5. Eligibility ............................................................................................................... 10

6. Preparation of Proposals ........................................................................................ 11

7. Proposal Validity Period ........................................................................................ 11

8. Clarification and Amendments of RFP ................................................................. 12

9. Proposal Format, Submission and Content............................................................ 13

10. Technical Proposal Format and Content ............................................................... 13

11. Financial Proposal Format and Content ................................................................ 15

12. Submission of Proposals ........................................................................................ 16

13. Opening of Proposals............................................................................................. 17

14. Proposal Evaluation ............................................................................................... 17

15. Availability of Key Experts ................................................................................... 18

16. Signing of Contract ................................................................................................ 19

17. Confidentiality ....................................................................................................... 19

Section II: Data Sheet .............................................................................................................. 20

Section III: Technical Proposal Evaluation Methodology ....................................................... 22

Section IV: Technical Proposal Forms .................................................................................... 27

Form TECH-1: Technical Proposal Submission Form .................................................... 28

Form TECH-2: Consultant’s Organization and Experience ............................................ 30

Form TECH-3: Consultant’s Turnover ............................................................................ 34

Form TECH-4: Description of Approach, Methodology and Work Plan for Performing

the Assignment................................................................................................................. 35

Form TECH-5: Summary of Team Composition – Key Experts .................................... 36

Form TECH-6: Curriculum Vitae (CV) for Proposed Key Experts ................................ 37

Form TECH-7 (Form ACK): Acknowledgement of Compliance ................................... 40



Section I: Instruction to Consultants

A. General Provisions

1. Definitions

1.1. The following words and expressions shall have the meanings hereby assigned to them.

a) “Affiliate(s)” means an individual or a firm that directly or indirectly controls, is controlled

by, or is under common control with the Consultant.

b) “Client” means Madhya Pradesh Jal Nigam.

c) “Consultant” means any firm or a JV that may provide or provides the Services to the Client

under the Contract.

d) “Contract” means a legally binding written agreement signed between the Client and the

Consultant and includes all the attached documents listed in paragraph 1 of the Form of

Contract.

e) “Data Sheet” or “DS” (Section II of the RFP) means an integral part of the RFP that is used

to reflect specific country and assignment conditions to supplement or amend the

provisions of the ITC.

f) “day” means calendar day.

g) “Experts” means, collectively, Key Experts, Non-Key Experts, or any other professional

personnel of the Consultant or JV member(s).

h) “firm” means a private entity, a state-owned enterprise or institution.

i) “Government” means the Government of India or Government of Madhya Pradesh as the

case may be.

j) “Instructions to Consultants” or “ITC” (this Section I of the RFP) means an integral part of

the RFP that provides the Consultants with all information needed to prepare and submit

their Proposals.

k) “Joint Venture” or “JV” means a combination of two firms in the form of a joint venture,

consortium, association or other unincorporated grouping under an existing agreement or

with the intention to enter into such an agreement supported by a formal letter of intent.

l) “Key Expert(s)” means an individual professional whose skills, qualifications, knowledge

and experience are critical to the performance of the Services under the Contract and whose

Curricula Vitae (CV) is taken into account in the technical evaluation of the Consultant’s

Proposal.

m) “LCBS” means Least Cost Based Selection.

n) “Non-Key Expert(s)” means an individual professional provided by the Consultant and

who is assigned to perform the Services or any part thereof under the Contract and whose

CVs are not evaluated individually.

o) “Portal” means Madhya Pradesh Government E-Procurement Portal (mptenders.gov.in).

p) “Proposal” means the Technical Proposal or the Financial Proposal of the Consultant, or

both, as appropriate.



q) “RFP” means this Request for Proposals to be prepared by the Client for the selection of

Consultants, based on the SRFP.

r) “Services” means the work to be performed by the Consultant pursuant to the Contract.

s) “Terms of Reference” or “TOR” (Section V of the RFP) means an integral part of the RFP

that describes the objectives, scope of services, activities and tasks to be performed and

their timing, the relevant background information, respective responsibilities of the Client

and the Consultant, the required experience and qualifications of the Key Experts, the

expected results and deliverables of the assignment including any reporting and submission

requirements.

2. Introduction

a. Scope of Proposal

2.1. In connection with the NIT specified in the DS, the Client issues this RFP for the services

as specified in Section V, Terms of Reference. The name of the assignment is specified

in the DS.

b. Interpretation

2.2. Throughout this RFP:

a) the term “in writing” means communicated in written form and delivered against

receipt; and

b) except where the context requires otherwise, words indicating the singular also

include the plural and words indicating the plural also include the singular.

c. Method of Selection

2.3. The Consultants are invited to submit a Technical Proposal and a Financial Proposal, for

consulting services required for the assignment named in DS. The Proposal will be the

basis for a signed Contract with the selected Consultant.

2.4. The Client will select the Consultant in accordance with the Least Cost Based Selection

(LCBS) method of selection.

d. Local Conditions

2.5. The Consultant shall familiarize themselves with the local conditions relevant to the

Services and take them into account in preparing their Proposal, including attending a

pre-bid meeting conference if one is arranged under ITC 8.2.

3. Conflict of Interest

a. Impartiality

3.1. The Consultant is required to provide professional, objective, and impartial advice, at

all times holding the Client’s interest paramount, strictly avoiding conflicts with other

assignments or its own corporate interests and acting without any consideration for future

work.



b. Conflict of Interest

3.2. The Consultant has an obligation to disclose to the Client any situation of actual or

potential conflict that impacts its capacity to serve the best interest of its Client. Failure

to disclose such situations may lead to the disqualification of the Consultant or the

termination of its Contract. Without limitation on the generality of the foregoing the

Consultant shall not be hired under the circumstances set forth below:

a) Conflict between consulting activities and procurement of goods or non-consulting

services: A Consultant that has been engaged to provide goods or non-consulting

services for a project, or any of its Affiliates, shall be disqualified from providing

consulting services resulting from or directly related to those goods or non-consulting

services. Conversely, a Consultant hired to provide consulting services for the

preparation or implementation of a project, or any of its Affiliates, shall be disqualified

from subsequently providing goods or non-consulting services resulting from or

directly related to the consulting services for such preparation or implementation.

b) Conflict among consulting assignments: Neither a Consultant nor any of its Affiliates

shall be hired for any assignment that, by its nature, may be in conflict with another

assignment of the Consultant.

c) Relationship with Client’s staff: A Consultant that has a close business relationship

with professional personnel of the Client who are directly or indirectly involved in any

part of:

(i) preparation of the TOR for the assignment;

(ii) selection process for the assignment; or

(iii)supervision of the Contract resulting from the selection process;

shall be disqualified.

d) One Bid per Bidder: Based on the “One Bid per Bidder” principle, which is to ensure

fair competition, a firm, and any Affiliates shall not be allowed to submit more than

one Proposal either individually as a single firm or as a member of a JV

e) Any other form of conflict of interest other than (a) through (d) of this ITC 3.2.

4. Corrupt and Fraudulent Practices

4.1. It is Client’s policy to require that the Consultants observe the highest standard of ethics

during the procurement and execution of such contracts. In pursuance of this policy,

Client:

a) will reject the result of evaluation of Proposals if it determines that the Consultant

evaluated as the highest- ranked has engaged in any corrupt or fraudulent practice in

competing for the contract in question.

b) will recognize a Consultant as ineligible, for a period determined by Client, to be

awarded a contract if it at any time determines that the Consultant has engaged in any

corrupt or fraudulent practice in competing for, or in executing, another contract.

c) will recognize a Consultant as ineligible to be awarded a contract if the Consultant is

debarred by any Government.



Client will recognize a Consultant as ineligible to be awarded a contract if the

Consultant is debarred for the period starting from the date of issuance of this Request

for Proposals up to the signing of the contract, unless (i) such debarment period does

not exceed one year, or (ii) three (3) years have passed since such debarment decision.

If it is revealed that the Consultant was ineligible to be awarded a contract according to

above, Client will, in principle, impose sanctions against the Consultant.

4.2. If the Client determines, based on reasonable evidence, that the Consultant has engaged

in any corrupt and fraudulent practice, the Client may disqualify such Consultant after

notifying the grounds of such disqualification.

4.3. Furthermore, the Consultant shall be aware of the provision stated in Clause 1.10 of the

General Conditions of Contract.

5. Eligibility

5.1. The Consultant may be a single firm or a JV of two firms incorporated in India. The

Consultant / all members of Joint Venture shall submit documentary proof of registration

in India. In the case of a JV:

a) all members shall be jointly and severally liable for the execution of the Contract in

accordance with the Contract terms,

b) The JV shall nominate a Representative who shall have the authority to conduct all

business for and on behalf of any and all the members of the JV during the selection

process and, in the event the JV is awarded the Contract, during contract execution; and

c) Proposal submitted by a JV shall include a copy of the JV Agreement entered into by

all members. Alternatively, a formal letter of intent to enter into a JV in the event of a

successful Proposal shall be signed by all members and submitted with the Proposal.

The JV Agreement or a formal letter of intent, as the case may be, shall indicate at least

the portion of the assignment to be executed by each member.

5.2. The Consultant shall meet the minimum eligibility requirements as specified in Section

III, Technical Proposal Evaluation Methodology.

5.3. The Consultant that has been determined to be ineligible by Client in accordance with

ITC 4.1 above, shall not be eligible to be awarded a contract.

5.4. The Consultant shall provide such evidence of its eligibility satisfactory to the Client at

any time, as the Client shall reasonably request.

5.5. If proceedings for suspension or cancellation of registration or for blacklisting or for

termination of contract due to poor performance by the Consultant / any member of Joint

Venture has been started by any Department / Undertaking of Government of Madhya

Pradesh / Government of India before the issue date of this RFP and the same is subsisting

on the last date of submission of bid, the bidder cannot participate in bidding process.

5.6. Client may disqualify or terminate the Contract at any stage if the Consultant has made

untrue and false representation in the forms, statements and attachments submitted in the



proof of the qualification requirement and/or have a record of poor performance such as

abandoning the works, not properly completing the contract, inordinate delay in

completion or financial failure, litigation history, etc.

B. Preparation of Proposals

6. Preparation of Proposals

a. Completeness of RFP

6.1. Unless obtained in the manner specified in the RFP, the Client is not responsible for the

completeness of the RFP, responses to requests for clarification, the minutes of the pre-

bid meeting (if any), or addenda to the RFP in accordance with ITC 8.3. In case of any

contradiction, documents obtained directly from the Portal shall prevail.

b. Information to be furnished

6.2. The Consultant is expected to examine all instructions, forms, and terms in the RFP in

detail and to furnish with its Proposal all information and documentation as is required

by the RFP. The information or documentation shall be complete, accurate, current, and

verifiable.

c. Cost of Proposals

6.3. The Consultant shall bear all costs associated with the preparation and submission of its

Proposal and contract signing. The Client is not bound to accept any proposal and

reserves the right to annul the selection process at any time prior to Contract award,

without thereby incurring any liability to the Consultant.

d. Language of Proposals

6.4. The Proposal, as well as all related correspondence exchanged by the Consultant and the

Client, shall be written in English language.

6.5. Supporting documents and printed literature that are part of the Proposal may be in

another language provided they are accompanied by an accurate translation of the

relevant passages in the language of Proposal, in which case, for purposes of

interpretation of the Proposal, such translation shall govern.

7. Proposal Validity Period

a. Validity Period

7.1. The Consultant’s Proposal must remain valid for a period specified in the DS after the

Proposal submission deadline.

7.2. During this period, the Consultant shall maintain its original Proposal without any change

including the availability of the Key Experts if required, proposed rates and total price.

7.3. If it is established that any Key Expert nominated in the Consultant's Proposal was not

scheduled at the time of Proposal submission to be available or was named in the



Proposal without confirmation of his/her availability, such Proposal shall be disqualified

and rejected from further evaluation.

b. Extension of Validity Period

7.4. The Client will make its best effort to complete discussions / contract signing within this

period. However, should the need arise, the Client may request, in writing, all Consultants

to extend the validity period of their Proposals. Consultants who agree to such extension

shall confirm that they maintain the availability of the Key Experts named in the Proposal

subject to the provisions under ITC 7.6.

7.5. The Consultants who do not agree have the right to refuse to extend the validity of their

proposals in which case their Proposals will not be further evaluated.

c. Substitution of Key Experts at Validity Extension

7.6. If any of the Key Experts becomes unavailable for the extended validity period, the

Consultant shall provide a written adequate justification and evidence satisfactory to the

Client together with the substitution request. In such case, a replacement Key Expert shall

have equal or better qualifications and experience than those of the originally proposed

Key Expert.

7.7. If the Consultant fails to provide a replacement Key Expert with equal or better

qualifications, such Proposal will be rejected.

8. Clarification and Amendments of RFP

a. Clarification of RFP

8.1. The Consultant requiring any clarification of the RFP shall contact the Client in writing

at the Client’s address specified in the DS or raise its enquiries during the pre-bid meeting

if provided for in accordance with ITC 8.2. The Client shall upload its response on the

Portal, including a description of the inquiry but without identifying its source. Should

the clarification result in changes to the essential elements of the RFP, the Client shall

amend the RFP following the procedure under ITC 8.3.

b. Pre-bid Meeting

8.2. If specified in the DS, the Consultant’s designated representative is invited to attend a

pre-bid meeting. The purpose of the meeting will be to clarify issues and to answer

questions on any matter that may be raised at that stage. Attending the pre-bid meeting

is at the Consultants’ expense. Any modification to the RFP that may become necessary

as a result of the pre-bid meeting shall be made by the Client exclusively through the

issue of an addendum pursuant to ITC 8.3. Nonattendance at the pre-bid meeting will not

be a cause for disqualification of a Consultant.

c. Amendment of RFP

8.3. At any time prior to the Proposal submission deadline, the Client may amend the RFP by

issuing an addendum in writing in sufficient time before the submission of Proposals.



The addendum shall be uploaded on the Portal and will be binding on all the Consultants.

To give the Consultants reasonable time in which to take an amendment into account in

their Proposals the Client may, if the amendment is substantial, extend the Proposal

submission deadline.

8.4. The Consultant may submit a modified Proposal substituting the already submitted

Proposal in accordance with ITC 12.4 at any time prior to the Proposal submission

deadline. No modifications to the Technical or Financial Proposal shall be accepted after

the Proposal submission deadline except as permitted under ITC 7.6.

9. Proposal Format, Submission and Content

9.1. Preparation of Proposal

9.1.1. Bidder should login on the Portal and prepare the bid after following the complete

procedure of Portal.

9.1.2. Bidder should consider any corrigendum / addendum published on the Portal before

submitting their bids.

9.1.3. Bidder should login on the Portal well in advance for bid submission so that they can

upload the bid in time i.e. on or before the bid submission time. Bidder will be

responsible for any delay due to any issues.

9.2. Preparation of covers: single stage three cover system

9.2.1. In the Cover 1 of online submission, Consultants are required to submit the detail of

tender document fee and EMD.

9.2.2. In the Cover 2 – Technical Proposal of online submission, Consultants are required to

submit the Technical Proposal as specified in ITC 10.

a) In the Cover 3 – Financial Proposal of online submission, Consultants are required

to submit Financial Proposal in Portal as specified in ITC 11.

10. Technical Proposal Format and Content

10.1. The Cover 2 - Technical Proposal shall comprise the following:

a) completed Technical Proposal Forms, in accordance with ITC 10.2;

b) Power of Attorney, authorizing the signatory of the Proposal to commit the Consultant,

in accordance with ITC 12.2; and

c) copy of the JV Agreement, or a formal letter of intent to enter into a JV in the case of a

Proposal submitted by a JV in accordance with ITC 5.1.

a. Contents

10.2. The Technical Proposal shall provide the information requested in subparagraphs (a)

through (i) below, using the forms provided in Section IV, Technical Proposal Forms.

The forms shall be completed without any alterations to the text, and no substitutes shall

be accepted. All blank spaces shall be filled in with the information requested.



a) Form TECH-1: This form entitled “Technical Proposal Submission Form”, once

completed, shall be the Technical Proposal Submission Letter.

b) Form TECH-2: A brief description of the Consultant’s organization and an outline of

recent experience i.e. eligible assignments of the Consultant and, in the case of a JV,

for each member are required in Form TECH-2. For each assignment, the outline

shall indicate the names of all JV members (in the case of a JV), duration of the

assignment, contract amount, and the Consultant’s involvement. Information shall be

provided only for those assignments for which the Consultant was legally contracted

individually as a single firm or, as a lead firm or one of the members of a JV.

Assignments completed by individual Experts working privately or through other

consulting firms cannot be claimed as the experience of the Consultant or that of JV

members but can be claimed by the Experts themselves in their CVs. The experience

of affiliated entities (such as the parent company(ies), group company(ies),

subsidiary(ies) or other affiliate(s)) shall not be included. The Consultant shall also

submit documentary proof for the experience claimed.

c) Form TECH-3: Consultant’s turnover certified by Statutory Auditor / Chartered

Accountant in the format provided.

d) Form TECH-4: A description of the approach, methodology and work plan for

performing the assignment. Guidance on the content of this section of the Technical

Proposals is provided in Form TECH-4. The work plan shall be consistent with the

Terms of Reference.

e) Form TECH-5: The list of the Key Experts and a summary of essential CV

information in Form TECH-5, duly completed considering the following:

(i) The Consultants shall not propose alternative Key Experts. Only one CV shall

be submitted for each Key Expert position. Failure to comply with this

requirement will make the Proposal non-responsive.

f) Form TECH-6: CVs of the Key Experts signed by the Key Experts themselves or by

the authorized representative. In case of CVs signed by the authorized representative,

should the firm be ranked first, copies of the same CVs signed by the Key Experts

must be submitted to the Client prior to contract signing.

g) Form TECH-7: The Acknowledgement of Compliance as Form TECH-7. The

Consultant’s authorized representative shall sign and date this Form on behalf of the

Consultant.

10.3. The Technical Proposal shall not include any financial information. A Technical

Proposal containing material financial information shall be declared non-responsive.

b. Volume

10.4. The contents of the Technical Proposal and the recommended number of pages are

indicated in the table below. A page is considered to be one printed side of A4 (210mm

× 297mm). If other sizes of paper are used, the number of pages is determined on a pro-

rata basis (e.g.: one (1) A3 page is equivalent to two (2) A4 pages.). Excessively



voluminous Technical Proposals at the discretion of the Client may not be evaluated.

Technical Proposal Form No. of Pages

1.

Consultant’s Organization and Experience

a) Form TECH-2A Consultant’s Organization Two (2) pages.

b) Form TECH-2B Consultant’s Experience As required for

information requested

2. Form TECH-3

Consultant’s Turnover

As required for


3.

Form TECH-4

Description of Approach, Methodology and Work

Plan for Performing the Assignment

Twenty-Five (25) pages

inclusive of charts and

diagrams.

4. Form TECH-5

Summary of Team Composition

As required for


5. Form TECH-6

Curriculum Vitae (CV) for Proposed Key Experts

Five (5) pages for each

Key Expert’s CV.

6. Form TECH-7

Acknowledgement of Compliance

As required for

information requested.

11. Financial Proposal Format and Content

11.1. The Financial Proposal shall be submitted using the Forms provided in Cover 3 - BOQ

to be completed as described therein. The forms shall be completed without any

alterations to the text, and no substitutes shall be accepted. All blank spaces shall be filled

in with the information requested.

a) All activities or items described in the Terms of Reference / Technical Proposal are

deemed to be included in the prices provided for in the Financial Proposal.

b) The Consultant shall quote the prices for the contract period for carrying out the entire

work as specified in Terms of Reference.

c) The price shall be inclusive of all taxes except GST (if applicable) which will be paid

separately on prevailing rates.

a. Duties, Taxes and Levies

11.2. All duties, Taxes and levies arising out of the Contract except GST (if applicable) shall

be considered and included in the Financial Proposal:

a) the Consultant (including all members of JV) and all Experts shall be responsible for

meeting all liabilities in respect of duties, taxes and levies arising out of the Contract

except as specified in the RFP.



b) Taxes and duties paid by the Consultant for this work, for which Consultant was not

responsible on the day of submission of financial bid will be reimbursed on production

of proof of deposit of such claim.

b. Currency of Proposal and Payment

11.3. The currency of the Financial Proposal shall be Indian National Rupee.

11.4. Payments under the Contract shall be made in Indian National Rupee.

c. Minimum Remuneration

11.5. The remuneration of all the personnel should not be quoted below the minimum

remuneration specified in Special Conditions of Contract (SCC).

C. Submission, Opening and Evaluation of Proposals

12. Submission of Proposals

12.1. The Consultant shall submit a signed and complete Proposal online on the Portal in

accordance with the process specified in ITC 9 and comprising the documents in

accordance with ITC 9, ITC 10 and ITC 11.

a. Format and Signing of Proposals

12.2. The Proposal shall be signed by a person duly authorized to sign on behalf of the

Consultant. The authorization shall be in the form of a Power of Attorney included in the

Technical Proposal. All pages of the Proposal where entries or amendments have been

made shall be signed or initialled by the person signing the Proposal. Any interlineation,

erasures, or overwriting shall be valid only if they are signed or initialled by the person

signing the Proposal. A Proposal submitted by a JV shall be signed by an authorized

representative of the JV accompanied by a Power of Attorney from each member of the

JV giving that authorized representative the power to sign on their behalf and legally bind

them all. Such power shall also be given by a person duly authorized to do so on behalf

of each member evidenced by a Power of Attorney.

b. Proposal Submission Deadline and Late Proposals

12.3. The Proposals must be submitted online as indicated in the DS no later than the date and

the time specified in the DS, or any extension to this date in accordance with ITC 8.3.

The Portal would not allow any late submission of bids after due date and time as per

server time.

c. Substitutions and Modifications

12.4. The Consultants may substitute their Proposal on the Portal up to due date and time of

submission of Proposals. The Portal would not allow any substitution or modification of

bids after due date and time as per server time.



13. Opening of Proposals

13.1. The Client shall open and read out in public, in accordance with ITC 13.2, all Technical

Proposals received by the deadline, at the date, time and place specified in the DS, in the

presence of designated representatives of the Consultants who choose to attend.

13.2. Next, all other envelopes containing the Technical Proposals shall be opened one at a

time, reading out and recording:

(a) the name of the Consultant; or in case of a JV, the name of the JV, the name of

each member of the JV, starting from the lead member; and

(b) any other details as the Client may consider appropriate.

13.3. At the end of the Technical Evaluation, the Client shall notify in writing the Consultants

whose Technical Proposal were determined to be responsive to the key aspects of the

RFP, indicating the date, time and place of public opening of the Financial Proposals.

The opening date shall allow Consultants sufficient time to make arrangements for

attending the opening.

13.4. The Client shall simultaneously notify those Consultants whose Technical Proposals

were determined to be non- responsive to the key aspects of the RFP.

13.5. The Client shall conduct the opening of the Financial Proposals in the presence of the

Consultants’ representatives who choose to attend at the place, date and time specified

by the Client. The expected date for the public opening of the Financial Proposal is

indicated in the DS.

13.6. At the opening of the Financial Proposal, first, the name of the Consultants shall be read

out. Next, all envelopes containing Financial Proposals shall be opened one at a time,

reading out and recording:

a) the name of the Consultant;

b) the Price of the Financial Proposal; and

c) any other details as the Client may consider appropriate.

14. Proposal Evaluation

14.1. The Consultant is not permitted to alter or modify its Proposal in any way after the

Proposal submission deadline except as permitted under ITC 7.6.

14.2. For the purpose of evaluation of the Proposal, the Client has appointed an evaluation

committee comprising of the persons competent for such purpose as its members. The

members of such evaluation committee shall conduct the evaluation solely on the basis

of the submitted Technical and Financial Proposals. They shall have no access to the

Financial Proposals until the technical evaluation is concluded. During evaluation, the

Client may seek clarification on the Proposal if required.

a. Technical Proposals

14.3. During the evaluation of the Technical Proposals, the evaluation committee shall

determine if the Technical Proposals are responsive to the key aspects of the RFP and



achieve the minimum Technical Score specified in the DS, applying the evaluation

criteria, sub-criteria, and point system specified in the Section III.

14.4. A Proposal shall be rejected at this stage if it is determined to be non-responsive to the

key aspects of the RFP, particularly the TOR or if or if it fails to achieve the minimum

Technical Score in the DS.

b. Financial Proposals

14.5. The evaluation committee will review the detailed content of each Financial Proposal

and the compatibility of the Technical and Financial Proposal. Financial Proposals will

be reviewed to ensure that they are complete and in compliance with the requirements

set forth in the RFP.

14.5.1. Financial Proposals wherein remuneration quoted for any of the personnel is lower

than the minimum remuneration specified in Special Conditions of Contract (SCC)

will be treated as non-responsive and will not be considered for further evaluation and

EMD of all such bidders shall be forfeited.

14.6. The lowest Financial Proposal will receive the first rank, and the subsequent lowest

Financial Proposal the second rank and so on.

14.7. The first-ranked Consultant shall be the selected Consultant.

14.7.1. In the event that two or more Consultants quote the same amount in Financial Proposal

(the “Tie Bidders”), the Consultant with the higher score in Technical Proposal

evaluation shall be the selected Consultant.

14.7.2. In the event that the score received by the Tie Bidders in Technical Proposal evaluation

are the same, Client shall identify the selected Consultant by draw of lots, which shall

be conducted, with prior notice, in the presence of the Tie Bidders who choose to

attend.

D. Award and Contract Signing

15. Availability of Key Experts

15.1. The selected Consultant shall confirm the availability of all Key Experts included in the

Proposal as a pre-requisite to the signing of the Contract, or, if applicable, a replacement

in accordance with ITC 7.6.

15.2. Notwithstanding the above, the substitution of Key Experts before signing of the Contract

may be considered if due solely to circumstances outside the reasonable control of and

not foreseeable by the Consultant, including but not limited to death or medical

incapacity. In such case, the Consultant shall offer a substitute Key Expert prior to

signing of the Contract, who shall have equivalent or better qualifications and experience

than the original candidate.



16. Signing of Contract

16.1. Upon confirmation of the availability of Key Experts, the Client shall invite the selected

Consultant for signing of the Contract.

16.2. The Consultant is expected to commence the Services on the date and at the place

specified in the DS.

16.3. The Consultant will be required to submit Performance Security as specified in Part III –

Conditions of Contract and Contract Forms prior to signing of the Contract.

17. Confidentiality

17.1. Information relating to evaluation of Proposals shall not be disclosed to the Consultants

who submitted the Proposals or to other persons not officially concerned with the

selection process. The use by any Consultant of confidential information related to this

selection process may result in the rejection of its Proposal.

17.2. Any attempt by a Consultant to influence the Client in the examination, evaluation,

ranking of Proposals, and recommendation for contract signing may result in the rejection

of its Proposal.

17.3. Notwithstanding ITC 17.2, from the time of Proposal opening to the time of Contract

signing, if any Consultant wishes to contact the Client on any matter related to the

selection process, it shall do so in writing.



Section II: Data Sheet

Clause

Reference Description

ITC 2.3

NIT No. 03/Proc./MPJN/2021-22 Bhopal, Date: 27.04.2021

Selection of Supervision and Quality Control (SQC) Consultant for Waidhan 2

Multi-Village Scheme (MVS) in Madhya Pradesh.

The details of scheme(s) are provided in the Section V – Terms of Reference -

Annexure 1.

ITC 7.1 The validity of proposal should be: 180 days from the last date of submission of

bids.

ITC 8.1

Last Date for Queries: Prior to pre-bid meeting or in pre-bid meeting.

Address for Queries

Project Director

MADHYA PRADESH JAL NIGAM

(A Government of Madhya Pradesh Undertaking)

D Wing, 2nd Floor, Vindhyachal Bhawan,

Bhopal – 462004; Phone No. 0755-2579034-36

Website -www.mpjalnigam.mp.gov.in

Contact Person: General Manager (Procurement)/General Manager, PIU

ITC 8.2

A pre-bid meeting will take place at the date and time specified on the Portal at

the Client’s address specified in DS 8.1.

The Client’s representative in charge of pre-bid meeting:

Name : Sri P K Raghuwanshi, General Manager - Procurement

Telephone : 0755 - 4222915

E-mail : [email protected]

ITC 10.2

f)

The Key Experts whose CV will be evaluated are:

1. Team Leader

2. Deputy Team Leader cum Construction Manager

3. Water Supply Expert

4. Resident Engineer

5. Manager – Community Mobilization

Minimum required qualification and experience of Key Experts is provided at

Section III: Technical Proposal Evaluation Methodology.

ITC 12.3 The Portal address for Proposal submission is: https://mptenders.gov.in/

The Proposal submission deadline is specified as Critical Dates on the

Portal.

ITC 13.1 The opening of the Technical Proposals shall take place at Client’s address

specified in DS 8.1 as per the schedule specified as Critical Dates on the Portal.

ITC 13.5 The opening of the Financial Proposals is expected to take place at Client’s

address specified in DS 8.1 as per the schedule specified as Critical Dates on the

Portal.

http://www.mpjalnigam.mp.gov.in/



Clause

Reference Description

ITC 14.3

& 14.4

The minimum Technical Score required to be achieved: 700 Points.

Criteria, sub-criteria, and point system for the evaluation are as specified in

Section III: Technical Proposal Evaluation Methodology.

ITC 16.2

The assignment is expected to commence immediately after the award of contract

or as directed by the client at the project sites located in the state of Madhya

Pradesh.

ITC 16.2 The expected date and location for commencement of services:

Date: As instructed by Client

Address: As instructed by Client



Section III: Technical Proposal Evaluation Methodology

A. Minimum Eligibility Requirements

1. The average annual turnover of single firm / Joint Venture shall be at least Rs. 5 crores

from consulting services in the last 3 financial years preceding the bid due date (2017-18,

2018-19 & 2019-20). In case of Joint Venture, the lead member should fulfil at least 51%

of the eligibility requirement as above while the other member should fulfil at least 26% of

the eligibility requirement as above.

2. The single firm / Joint Venture should have experience of the following as Supervision &

Quality Control Consultant / Project Management Consultant / Design and Supervision

Consultant / equivalent works with similar nature scope of works on full-time man-month

basis during the last seven years preceding the last date of bid submission.

• At least one drinking water supply project costing more than Rs. 200 Crore

or

• At least two drinking water supply project costing more than Rs. 150 Crore

or

• At least three drinking water supply project costing more than Rs. 100 Crore

Note: Ongoing projects meeting other requirements, which have completed at least one

year of consultancy (from the date of agreement) shall be considered as eligible project for

evaluation. The firm should submit certificate from the employer of the aforesaid projects.

3. The selected Consultant shall not be eligible for Third Party Inspection Agency (TPIA) of

the scheme covered under this assignment.

4. The single firm / any member of Joint Venture should not be working as Project

Management Consultant (PMC) / Third Party Inspection Agency (TPIA) for the scheme

covered under this assignment.

Technical Proposals of only the Consultants / Joint Venture meeting the above minimum

eligibility criteria will be evaluated further.

B. Criteria, sub-criteria, and point system for the evaluation are as follows:

Criteria / Sub Criteria Points

(a) Experience of the Consultants relevant to the assignment:

200

(i)

Experience as Supervision & Quality Control Consultant (SQC) / Project

Management Consultant (PMC) / Design and Supervision Consultant (DSC) /

equivalent works with similar nature scope of works on full-time man-month

basis of projects in the drinking water supply sector during the seven years

preceding the last date of bid submission

{1 project costing more than Rs. 200 Crore / 2 projects costing more than Rs.

150 Crore / 3 projects costing more than Rs. 100 Crore} – 140

Each additional project costing more than Rs. 100 Crore - 30 (up to maximum

2 additional projects)




Note:

1. In case of JV, the consortium members may meet the above requirement

jointly.

2. Multiple projects covered under single Supervision & Quality Control

Consultant (SQC) / Project Management Consultant (PMC) / Design and

Supervision Consultant (DSC) agreement will be considered as separate projects

if separate work orders have been issued for the construction of the projects. E.g.

If Project A & Project B are being covered under a single PMC scope but their

work orders have been awarded to contractors separately (even if same

contractor), they will be considered 2 projects for evaluation if they meet the

other criteria specified above.

3. Ongoing projects meeting other requirements, which have completed at least

one year of consultancy (from the date of agreement) shall be considered as

eligible project for evaluation.

4. In case the work done by bidder involves works other than water supply, then

the cost of water supply components should be mentioned clearly.

Total points for criterion (a): 200

(b) Adequacy of the proposed methodology and work plan in responding to

the Terms of Reference:

(i)

Understanding of Objectives

Criteria: General understanding of the project requirements; coverage of

principal components as requested in TOR; and site visit assessment.

10

(ii)

Quality of Methodology

Criteria: The degree to which the consultant presented written

methodology/ approach addresses the requirements of the TOR.

35

(iii)

Innovativeness / Comments on Terms of Reference

Criteria: Suggestions, which could improve the quality of the project.

Factors to consider: Points will be given for workable suggestions

proposed. No innovativeness will be given zero points.

10

(iv)

Work Program

Criteria: A work program showing graphical presentation of activities (bar

chart); an organization chart showing the relationship of the MPJN, the

Consultant and the civil works contractor.

20

(v)

Personnel Schedule

Criteria: Relationship between required person-months and proposed

work program.

15

(vi)

Counterpart Personnel and Facilities

Criteria: Requirement for counterpart personnel, office space,

transportation, equipment and services.

5

(vii)

Proposal Presentation

Criteria: Clarity and ease of assessment of the entire proposal (including

material presentation).

5

Total points for criterion (b): 100




(c) Experience of the proposed Key Experts:

(i)

Team Leader:

Educational Qualification – 40 marks

Experience Requirement – 40 marks

Minimum Number of required relevant Project – 60 marks

15 marks for each additional project up to a maximum of 4 additional

projects

200

(ii)

DTL cum Construction Manager:





projects

120

(iii)

Water Supply Expert:




12 marks for each additional project up to a maximum of 2 additional projects

80

(iv)

Resident Engineer:





projects

200

(v)

Manager (Community Mobilization):





projects

100

Total points for criterion (c): 700

Total points [(a) + (b) + (c)]: 1000

Note: In case the package has more than one Resident Engineers, the marks will be equally

divided for each of the Resident Engineer.

C. Qualification and Experience Requirement for Team

Broad qualification and experience of the key personnel and other staff given below are from

clients’ perception in respect of the specific requirement of the project. Bidders are advised to

propose personnel specifically highlighting the qualification and experience in the related area

of expertise as per requirements. The CVs should also highlight higher education, training and



publication of technical papers, etc. by the key personnel in the related field as well as their

experience in providing training in the related fields. The CVs of the proposed personnel should

reflect size of the project handled in terms of costs, duration for which services were provided,

type of contract document used, etc. Broadly speaking, qualification and experience higher

than the minimum requirement will be given higher weightage. Similarly, the personnel’s

experience in services related to construction supervision will be given more weightage.

No. Particulars Minimum

Qualification Minimum Experience

1. Team Leader Bachelor’s Degree

in civil engineering

• 10 years’ experience in engineering works

• 7 years’ experience in water supply project

• Should have experience of at least 5 water

supply projects

2.

Deputy Team

Leader cum

Construction

Manager

Bachelor’s Degree





supply projects

3. Water Supply

Expert

Bachelor’s Degree





supply projects

4.

Manager –

Community

Mobilization

Master’s degree in

social work or

related field

• Prime Minister Rural Development

Fellowship (PMRDF) with at least 1 years’

experience

or

• 7 years total experience


supply / total sanitation project

5. Resident

Engineer

Bachelor’s Degree





supply project.

6. Assistant

Engineer (Civil)

Bachelor’s Degree


• Degree holders - 5 years’ experience in

engineering works of which 3 years’ in water

supply project

7. Assistant

Engineer (E&M)

Bachelor’s degree

in

Electric/Mechanical

Engineering


engineering works of which 3 years’ in E&M

Project

8.

Assistant

Manager –

Community

Mobilization

Master’s degree in

social work or

related field

• Prime Minister Rural Development

Fellowship (PMRDF) with at least 6 months’

experience

or



No. Particulars Minimum

Qualification Minimum Experience

• 5 years total experience


supply project.

9. Field Engineer

(Civil)

Bachelor’s degree /

Diploma in Civil

Engineering


engineering works of which at least 2 years’

in water supply project

or

• Diploma holders - 5 years’ experience in



10. Field Engineer

(E&M)


Diploma in

Electric/Mechanical

Engineering



in E&M project

or



in E&M project

11. Quality Control

Engineer


Diploma in Civil

Engineering




or




12. Billing / Finance

Assistant B. Com Graduate

• 02 years’ experience in similar work.

• Should have proficiency in accounting

software like Tally or similar

13. Computer

Operator DCA/PGDCA • 02 years’ experience

14. Office Manager Graduate • 02 years’ experience

15. Office boy Higher secondary -

Note: Bidders need to submit the CVs of Key Experts i.e. Team Leader, Deputy Team Leader

cum Construction Manager, Water Supply Expert, Resident Engineer & Manager –

Community Mobilization along with the Technical Proposal. CVs or remaining personnel shall

be approved prior to deployment by the General Manager (GM) of the respective Project

Implementation Unit (PIU).



Section IV: Technical Proposal Forms


Page | 28

Form TECH-1: Technical Proposal Submission Form

Date: [insert date of Proposal submission]

To,

Managing Director


D Wing, 2nd Floor,

Vindhyachal Bhawan,

Bhopal - 462004

Sub.: Selection of Supervision and Quality Control Consultant (SQC) for Waidhan 2 Multi

Village Schemes (MVS) in Madhya Pradesh

Ref.: NIT No. 03/Proc./MPJN/2021-22 Bhopal, Date: 27.04.2021

Dear Sir/ Madam:

We, the undersigned, offer to provide the consulting services for [Insert name of assignment]

in accordance with your Request for Proposals dated [Insert Date of NIT] and our Proposal.

We are hereby submitting our Proposal which includes this Technical Proposal, and a

Financial Proposal.

[Insert the following in case of a JV]

We are submitting our Proposal as a Joint Venture comprising of: [Insert a list with the full

name and the legal address of both members, starting from the lead member]. We have attached

a copy [insert: “of our letter of intent to form a Joint Venture” or, “of the JV Agreement” as

appropriate] signed by each member, which details the likely legal structure of and the

confirmation of joint and severable liability of each member of the said Joint Venture.

We hereby declare that:

(a) All the information provided, and statements made in this Proposal are true and we accept

that any misinterpretation or misrepresentation contained in this Proposal may lead to our

disqualification by the Client.

(b) Our Proposal shall be valid and remain binding upon us for the period of time specified in

Section II, Data Sheet (DS) 7.1.

(c) We have no conflict of interest in accordance with Section I. Instructions to Consultant

(ITC) 3.


Page | 29

(d) We meet the eligibility requirements as stated in ITC 5.

(e) We undertake to sign a Contract on the basis of the proposed Key Experts. We accept that

the substitution of Key Experts for reasons other than those stated in ITC 7.6 and ITC 15.2

may lead to the termination of Contract.

(f) Our Proposal shall be binding upon us up to expiration of the validity period of the

Proposal, i.e. before the date indicated in DS 7.1.

(g) We understand that the Client is not bound to accept any Proposal that the Client receives.

(h) We hereby certify that we have taken steps to ensure that no person acting for us or on our

behalf will engage in any type of fraud and corruption.

We remain,

Yours sincerely,

Authorized Signature : [Insert signature of the person duly authorised to sign the

Proposal, in full and initials]

Name and Title of Signatory : [Insert full name and title of the person above]

Name of Consultant : [Insert name of firm or JV, as appropriate]

In the capacity of : [Insert position of the person signing above]

Contact information : [Insert mailing address]

[Insert tel. no. with country and city codes]

[Insert fax no. with country and city codes]

[Insert email address]

[Person signing the Proposal shall have the Power of Attorney given by the Consultant to be

included in the Technical Proposal.]


Page | 30

Form TECH-2: Consultant’s Organization and Experience

A - Consultant’s Organization

1 Details of Consultant

(a) Name of the Consultant

(b) Address

(c) Date of incorporation and / or

commencement of business

(d) PAN

(e) GSTIN

2 Details of Authorised Signatory

(a) Name

(b) Designation

(c) Mobile Number

(d) E-Mail Address

[Please include supporting documents including registration & GST documents of the

Consultant and, if applicable, each JV member for this assignment.]


Page | 31

[Provide here a brief (two page) description of the organization and general experience of the

Consultant and, if applicable, each JV member relevant to this assignment.]


Page | 32

B - Consultant’s Experience

Abstract of Eligible Assignments

No Name of Project Name of Client

Capital Cost

of the Project

(Rs. crore)

Duration of

the Project

(Start Date

– End Date)

(1) (2) (3) (4) (5)

1

2

3

4

5

Note: The details on the above projects should be provided in the format below along with

supporting document.


Page | 33

[Using the format below, provide information on each assignment for which your firm and

each JV member for this assignment, was legally contracted either individually as a single firm

or as a lead firm or one of the member of a JV, for carrying out services similar to the ones

requested under this assignment. The experience of affiliated entities (such as the parent

company(ies), group company(ies), subsidiary(ies) or other affiliate(s)) shall not be included.]

Assignment name:

Approx. value of the contract (in Rs. Lakh):

Country:

Location within country:

Duration of assignment (months):

Name of Client:

Total No. of man-months of the assignment:

Address:

Start date (month/year):

Completion date (month/year):

Narrative description of Project:

Description of actual services provided by the firm in the assignment:

Note: Certificate from Principal Employer (Executive Engineer or above) regarding experience

should be furnished.


Page | 34

Form TECH-3: Consultant’s Turnover

Format for Certificate for Annual Turnover

(To be submitted on the letterhead of Statutory Auditor / Chartered Accountant)

We have verified the relevant statutory and other records of

____________________________ [Name of the Applicant], and certify that the annual

turnover from consultancy services for the last three completed financial years is as follows:

(in Rs Crore)

Bidder Name Annual Turnover from Consultancy Services

2019-20 2018-19 2017-18 Average

This certificate is being issued to be produced before Managing Director, Madhya Pradesh

Jal Nigam, Bhopal.

Date & Signature and Seal of the Statutory Auditor / Chartered Accountant

(clearly indicating membership number)

Date: ___________

Place: ___________

Note:

1. Along with the above format and information, the Bidders for demonstrating the Financial

Capacity shall attach copies of the audited annual reports for 3 (three) years preceding the

Proposal Due Date. The financial statements shall:

a. reflect the financial situation of the Bidder;

b. be complete, including all notes to the financial statements; and

c. correspond to accounting periods already completed and audited (no statements for

partial periods shall be requested or accepted).


Page | 35

Form TECH-4: Description of Approach, Methodology and Work Plan for

Performing the Assignment

[Technical approach, methodology and work plan are key components of the Technical

Proposal. It is suggested that the Consultant presents its Technical Proposal (about 25 pages,

inclusive of charts and diagrams) divided into the following three chapters:

(a) Technical Approach and Methodology:

The Consultant shall explain its understanding of the objectives of the assignment,

approach to the services, methodology for carrying out the activities and obtaining the

expected output, and the degree of detail of such output.

The Consultant shall highlight the problems being addressed and their importance and

explain the technical approach it would adopt to address them. The Consultant shall also

explain the methodologies it proposes to adopt and highlight the compatibility of those

methodologies with the proposed approach. A simple repeat/copy of the TOR will not be

appropriate.

(b) Work Plan:

The Consultant shall propose the main activities of the assignment, their content and

duration, phasing and interrelations, milestones (including interim approvals by the

Client), and delivery dates of the reports. The proposed work plan shall be consistent with

the technical approach and methodology, showing understanding of the TOR and ability to

translate them into a feasible working plan.

A list of the final documents, including reports, drawings, and tables to be delivered as

final output, shall be included here.

(c) Organization and Staffing:

The Consultant shall propose the structure and composition of its team for this assignment.

The Consultant shall list the main disciplines of the assignment, the Key Experts and Non-

Key Experts, and proposed technical and administrative support staff.] The Consultant

shall also specify if it will be the lead firm in a JV. In the case of a JV, a copy of the JV

Agreement or a formal letter of intent to form a JV must be included in the Technical

Proposal, as specified in Form TECH-1.]


Page | 36

Form TECH-5: Summary of Team Composition – Key Experts

No Name of Person Position

Assigned

Education / Degree

(Year / Institution)

No. of years

of relevant experience

1.

2.

3.

4.

5.

6.

7.

8.

9.


Page | 37

Form TECH-6: Curriculum Vitae (CV) for Proposed Key Experts

[ The Consultant shall prepare the CV of each Key Expert it proposes, using the format below

(about 5 pages for each Key Expert).]

1. General

Position Title and No. [e.g., K-1, TEAM LEADER] [Note: only one candidate shall

be nominated to each position.]

Name of Key Expert [Insert full name]

Name of the Firm proposing the

Key Expert

Date of Birth [day/month/year]

Nationality

Country of

Citizenship/Residence

2. Education

[list college/university or other specialized education, giving names of educational institutions,

dates attended, degree(s)/diploma(s) obtained]

________________________________________________________________________

________________________________________________________________________

3. Employment record relevant to the assignment

[Starting with present position, list in reverse order. Please provide dates, name of employing

organization, titles of positions held, types of activities performed and location of the

assignment, and contact information of previous clients and employing organization(s) who

can be contacted for references. Past employment that is not relevant to the assignment does

not need to be included.]

Period Employing organization and your

title/position.

Contact information for references*

Country Summary of

activities

performed

relevant to the

Assignment

[e.g., May

2005-present]

[e.g., Ministry of ……,

advisor/consultant to…

For references: Tel………/e-mail……;

Mr.…….., Deputy Minister]


Page | 38

*Contact information for references is required only for assignments during the last 3

years.

4. Membership in Professional Associations and Publications:

________________________________________________________________________

5. Language Skills (indicate only languages in which you can work):

________________________________________________________________________

6. Adequacy for the Assignment:

Detailed Tasks Assigned on Consultant’s Team of Experts:

[list major deliverables/tasks in which the Expert will be involved]

Reference to Prior Work/Assignments that Best Illustrates Capability to Handle

the Assigned Tasks

[insert Name of Project No. 1]

Country :

Period :

Client :

Funding Source :

Type of Service :

Position :

Description of

work/ Assignment

:


Country :

Period :

Client :

Funding Source :

Type of Service :

Position :


Page | 39

Description of

work/ Assignment

:


Country :

Period :

Client :

Funding Source :

Type of Service :

Position :

Description of

work/ Assignment

:

7. Certification:

I, the undersigned, certify to the best of my knowledge and belief that:

(a) this CV correctly describes my qualifications and my experience;

(b) In the absence of medical incapacity, I will undertake this assignment for the duration

and in terms of the inputs specified for me in the proposal provided team mobilization takes

place within the validity of this proposal or any agreed extension thereof;

(c) I am committed to undertake the assignment within the validity of Proposal;

(d) I am not part of the team who wrote the terms of reference for this consulting services

assignment;

(e) I am, pursuant to Clauses 3 and 4 of the Instructions to Consultants, eligible for

engagement.

I understand that any misstatement described herein may lead to my disqualification or

dismissal, if engaged.

Date:

[Signature of Key Expert or authorized representative of the firm]1 Day/Month/Year

Full name of authorized representative:

Notes for the Consultants

1. This CV can be signed by an authorized representative of the Consultant. If the Consultant’s

proposal is ranked first, a copy of the CV signed by the Key Expert must be submitted to the

Client prior to signing of contract.


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Form TECH-7 (Form ACK): Acknowledgement of Compliance

A) I, [insert name and position of authorized signatory] being duly authorized by [insert name

of Consultant members of joint venture) (“JV”)]] (hereinafter referred to as the

“Consultant”) to execute this Acknowledgement of Compliance, hereby certify on behalf

of the Consultant and myself that:

(i) all information provided in the Technical and Financial Proposals (collectively

“Proposals”) submitted by the Consultant for [name, number and identification of

assignment as stated in DS 2.1] (hereinafter called “the Project”) is true, correct and

accurate to the best of the Consultant’s and my knowledge and belief; and

(ii) the Consultant has not, directly or indirectly, taken any action which is or constitutes

a corrupt or fraudulent practice and is not subject to any conflict of interest as

stipulated in the Request for Proposals.

<If debarment for more than one year by the Government is NOT imposed, use the following sentence

B).>

B) I certify that the Consultant has NOT been debarred by the Government for more than one

year since the date of issuance of the Request for Proposals.

<If debarment for more than one year by the Government has been imposed BUT three (3) years have

passed since the date of such debarment decision, use the following sentence B’).>

B’) I certify that the Consultant has been debarred by the Government for a period more than one year BUT

that on the date of issuance of the Request for Proposals at least three (3) years had passed since the

date of such debarment decision. Details of the debarment are as follows:

name of the debarred

firm

starting date of

debarment

ending date of

debarment reason for debarment

C) I certify that the Consultant will not enter into a subcontract with a firm or an individual

which has been debarred by the Government for a period more than one year, unless on

the date of the subcontract at least three (3) years have passed since the date of such

debarment decision.

D) I certify, on behalf of the Consultant, that if selected to undertake services in connection

with the Contract, the Consultant shall carry out such services in continuing compliance

with the terms and conditions of the Contract.

E) I further certify, on behalf of the Consultant, that if the Consultant is requested, directly or


Page | 41

indirectly, to engage in any corrupt or fraudulent act or practice under any applicable law,

such as the payment of a rebate, at any time or any stage of a process of consultant selection

such as evaluation, execution or implementation of contract (including amendment

thereof), the Consultant shall report all relevant facts regarding such request to the relevant

section in Client or Government in a timely manner.

F) The Consultant acknowledges and agrees that the reporting obligation stated above shall

NOT in any way affect the Consultant’s responsibilities, obligations or rights, under

relevant laws, regulations, contracts, guidelines or otherwise, to disclose or report such

request or other information to any other person(s) or to take any other action, required to

or allowed to, be taken by the Consultant.

G) If any of the statements made herein is subsequently proven to be untrue or incorrect based

on facts subsequently determined, or if any of the warranties or covenants made herein is

not complied with, the Consultant will accept, comply with, and not object to any remedies

taken by the Client and any sanctions imposed by or actions taken by Client.

Authorized Signatory

[insert name of signatory; title]

For and on behalf of the Consultant

[insert name of the Consultant]

Date: [insert Date]

PART 2- TERMS OF REFERENCE


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Section V: Terms of Reference

1. Background

Madhya Pradesh Jal Nigam (MPJN) was incorporated as a wholly owned State Government

Company under the Companies Act, 1956 on 9th July 2012. It is under the Chairmanship of

Hon'ble Chief Minister, Govt. of Madhya Pradesh, as a separate entity under Public Health

Engineering Department. It is responsible for design, execution, implementation, operation and

maintenance of rural water supply schemes in the state to ensure safe, adequate drinking water

to every household with tap connection in the areas of the state.

MPJN is a nodal agency for implementing Multi Villages Schemes (MVS) under Jal Jeevan

Mission (JJM) which is a flagship programme of Government of India. According to JJM,

‘Every rural household should have drinking water supply in adequate quantity of prescribed

quality on regular and long-term basis at affordable service delivery charges leading to

improvement in living standards of rural communities. MPJN is establishing decentralized,

demand-driven, community-managed implementation of multi-village systems which will

instil the sense of ownership among the local community.

Vision

MPJN envisions to provide safe and sustainable tap drinking water to communities and raw

water to industries by utilizing surface water resources and to provide sustainable treatment

and disposal of sewage.

Organizational Structure

Dy.

Manager

Managing Director

Project Director

General

Manager

(Design &

Monitoring)

Chief General Manager Chief General Manager

Manager

(Design &

Monitoring)

Dy. Manager

(Design &

Monitoring)

General

Manager

(Technical)

Manager

(Technical)

Dy.

Manager

(Technical)

General

Manager

(Procurement)

Manager

(Procurement)

Dy. Manager

(Procurement)

General

Manager

(Operation &

Maintenance)

Manager

(Operation &

Maintenance)

Dy. Manager

(Operation &

Maintenance)

General

Manager

Manager

NDB

General

Manager

(Community

Participation)

Chief

Financial

Officer

Chartered

Accountant

Accountant

Company

Secretary


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Project Implementation Unit

MPJN has formed Project Implementation Units (PIUs) to supervise the execution, operation

and maintenance of schemes. The organogram of PIUs is shown below.

Schemes / Projects

Multi Village Schemes (MVSs) comprise planning and development of water supply

infrastructure viz. intake well, water treatment plant, raw water & clear water mains, overhead

tanks, distribution network, functional household tap connections, SCADA, etc. complete and

operation and maintenance of the water supply infrastructure to ensure continuous and

sustainable water supply to end users in according with applicable guidelines of Government

of India and Government of Madhya Pradesh. MPJN lays high emphasis on quality as well as

time bound execution of schemes. The contractor appointed by MPJN also undertakes

operation & maintenance of schemes for 10 years after completion.

Madhya Pradesh Jal Nigam (MPJN) is implementing 10 new Multi Village Schemes (MVSs)

across the state through Jal Jeevan Mission, State Budget & District Mining Fund. The details

of the scheme are provided at Annexure 1. It is proposed to engage qualified consulting team

with proven experience in supervision and quality control of implementation of similar water

supply schemes.

2. Scope of Consulting Services

In order to augment the project supervision & quality control capability during execution, it is

proposed to engage a Supervision & Quality Control Consultant (“Consultant”). The objective

for deploying the Consultant is to engage qualified & experienced supervision & quality control

personnel for day to day monitoring of execution of multi-village water supply scheme(s) to

ensure that high quality construction is achieved and to ensure that all works are carried out in

full compliance with the engineering design, technical specifications and other contract

Project Implementation Unit

General Manager

Manager (Design

& Monitoring) Manager

(Technical)

Accountant Manager

(Community

Participation)

Dy.

Manager

Computer Operator – 3, Peon - 4

Dy.

Manager

Dy.

Manager

Dy.

Manager

Project Implementation Units (PIUs) (As on 30.09.2020)

1. Bhopal 2. Indore 3. Gwalior 4. Tikamgarh 5. Rajgarh 6. Seoni

7. Shahdol 8. Panna 9. Satna 10. Jabalpur 11. Damoh


Page | 45

documents within the stipulated time period. The main purpose is to supervise the overall

activities for an efficient execution of a multi village water supply system to provide safe,

potable drinking water as per quality and quantity, with adequate pressure at convenient

location and time on a sustainable basis and advise to maintain the necessary record as per

norm & inspect the records. Madhya Pradesh Jal Nigam (MPJN) shall be the employer of the

Consultant. The details of the scheme are provided at Annexure 1. If required, Client may

instruct Consultant to undertake Supervision and Quality Control (SQC) for additional

schemes.

The overall execution from reservoir / river, intake well & other components of the scheme

and up to functional tap connections to each consumer of the different villages covered under

the scheme shall be done by executing agency. Generally, the MVS comprises of following

components:

(i) Impounding reservoir near the intake well to protect intake structure (if constructed

by executing agency)

(ii) Intake well

(iii) Raw water pumping main

(iv) Water treatment plant

(v) Clear water rising main

(vi) Master Balancing service Reservoirs / Break Pressure Tanks

(vii) Gravity Main

(viii) Overhead Tanks/Ground level service reservoirs & IPS, if any

(ix) Distribution network including house service connection

(x) Electrical & Mechanical Equipment

(xi) Overhead lines & Substations

(xii) SCADA including instrumentation & Automation

(xiii) Approach roads, buildings, protection of all structures and other assets created by

executing agency

The objective of the consulting service is to supervise the project on day to day basis and

achieve the efficient and proper execution, implementation, timely completion of the

scheme(s). As the Consultant is being deployed on man-month basis, the Client may direct the

Consultant to undertake any engineering work like reply to contractor(s), preparation of new

proposal, variation, extra work, preparation of proposal for change in scope of work of

contractor(s), etc. The scope of Consultant will include but not be limited to the following:

2.1. The basic responsibilities of Consultant are as follows:

(i) To supervise the overall activities for an efficient execution of multi village water

supply scheme(s) to provide safe drinking water as per designed quality and

quantity, with adequate pressure at convenient location and time on a sustainable

basis and advise to maintain the necessary record as per norm & inspect the record

of contractor to supervise overall execution of all components of schemes & all

assets being created by the contractor during construction of overall scheme & to

fulfil overall service level bench mark as given in agreement with contractor.


Page | 46

(ii) To advise & instruct the contractor and if required to undertake demonstration

sessions to maintain the quality in every activity related to execution.

(iii) To assist PMC in overall Project Management of schemes

(iv) Verifying the provisions at site with respect to bid documents

(v) To assist PMC in Establishment of Construction Management and Project

Performance Monitoring and Reporting System and maintain the records thereof;

(vi) Supervision and Quality control of works being executed by the EPC Contractor.

(vii) Quality Assurance of different material procured by the contractor

(viii) Project Level Quality monitoring

(ix) To assist PMC in Approval of Quality Plan, Safety Plan, Project Plan, Quality

Assurance Plans for different material procured by contractor

(x) Assist in day to day working of Client as directed by Client

(xi) Any other activity as directed by Client related to execution of schemes.

(xii) Act as a coordinator in between EPC Contractor, VWSCs of different villages,

other related institutions & PIU (Project Implementation Unit) in Execution

matters.

(xiii) To maintain & upkeep of overall record related to Execution works.

(xiv) To provide the necessary assistance in getting house service connections,

disconnection as per advice of VWSCs based on merits and demerits during

Execution period.

(xv) To provide necessary assistance in formation of VWSCs of villages if not formed

or new VWSC if dissolved.

(xvi) To supervise the work & get it recorded in Measurement Books (MBs) & to

produce bills as per norms during execution period and in preparation of final bills.

(xvii) To attend the orientation program/workshop if organized by MPJN for up gradation

or orientation.

(xviii) To prepare the estimate of work, if required, as per requirement & instruction by

GM, PIU.

(xix) To supervise the execution on day to day basis.

(xx) Acts as coordinator in case of labour strike, etc. from the side of Employer.

2.2. Overall Supervision, Quality Control & Project Management

The duties of the Consultant will be to properly supervise the works and approve the materials

and workmanship of the works in cooperation and in consultation with the Employer to ensure

timely completion of the project. The Consultant will administer the construction works

contracts and will ensure that the contractual clauses, whether related to quality or quantities

of work, are respected. The Consultant shall have no authority to relieve the contractor of any

of their duties or obligations under the contracts or to impose additional obligations not

included in the contracts. The duties of the Consultant will also include issuing decisions,

certifications and orders as specified in detail in the construction contract document. The

Consultant shall assist MPJN in overall Supervision, Quality Control of the projects for all

components on technical, physical, financial, social and institutional matters including

formulation of Quality assurance & Quality Control plan, project management plans and other


Page | 47

plans, monitoring, supervision, preparation of various reports including daily, weekly, monthly

reports and completion reports, and advice on problems & bottlenecks prevailing or anticipated

and countermeasures / corrective actions required. The following activities will have to be

carried out by the Consultant:

a) On behalf of MPJN, draft procedures and ensure adherence to works procurement, billing,

contract management and quality control.

b) Project Performance Monitoring and preparation of Project Completion Report

c) Site visit as required

2.3. Coordination with Third Party Inspection Agency (TPIA)

The Client may appoint a Third-Party Inspection Agency (TPIA) for carrying out specific

activities in accordance with the Jal Jeevan Mission guidelines. The Consultant shall coordinate

with and provide support to the appointed TPIA to carry out all their activities. The Consultant

shall share all the records regarding progress, quality and quantity of the executed works with

the TPIA. The Consultant shall get TPIA’s suggestions implemented through the contractor.

Deputy Team Leader of the Consultant shall act as the nodal person for coordination with

TPIA.

2.4. Construction Supervision

The Consultant shall perform his duties during the contract implementation period of the

contracts to be executed by the contractor(s) and ensure that work is carried out as per provision

of the contract with respective contractor(s) with the help of PIU. In this context, the Consultant

shall:

a) Check whether the MVS design done by Contractor is as per the provisions in JJM / DDWS,

MoJS / CPHEEO and other applicable guidelines as applicable.

b) Check whether all the survey works have been carried out by the contractor and water

demand has been estimated properly.

c) Check the design parameters and make sure that they are as per JJM / DDWS, MoJS /

CPHEEO and other applicable guidelines as applicable.

d) Visit the site on day to day basis.

e) Point out the short comings while execution of the works and offer suggestions for their

rectification. Drafting letters or any other communication with the contractor/ PIU/Project

Management consultant on day to day basis.

f) Advise on procedures and methodologies regarding Contractor’s work program, method

statements, material sources, etc.

g) Scrutinize the Contractor’s detailed work program, suggesting modification, if any, after a

careful study and ensuring timely completion.

h) Scrutinize the Construction Methods proposed by the Contractor for carrying out the works

to ensure that these are satisfactory with reference to the technical requirements, and


Page | 48

deployment of plant and machinery, project implementation schedule and environments

aspects as well as safety of works, personnel and the general public.

i) Scrutinize on random basis and/or reviewing contractor's supervision personnel and

suggests modifications, if any.

j) Advise PIU on regular inspection of the Contractor’s equipment, plant, machinery,

installation, etc. to ensure that they are adequate and are in accordance with the terms and

conditions of the contract.

k) Act as the Engineer to execute construction supervision and contract administration

services in accordance with the power and authority to be delegated by MPJN;

l) Provide assistance to MPJN concerning variations and claims which are to be

ordered/issued at the initiative of MPJN. Advise MPJN on resolution of any dispute with

the contractor;

m) Issue instructions, approvals and notices as appropriate;

n) Provide recommendation to MPJN for acceptance of the contractor’s performance security

and required insurances;

o) Assess adequacy of all inputs such as materials, labour and equipment provided by the

contractor;

p) Check and approve the contractor’s method of work, including site organization, program

of performance, quality assurance system, method statements, safety plan, and

environmental monitoring plan so that the requirements set forth in the applicable laws and

regulations, the specifications or other parts of the contract are to be duly respected;

q) Regularly monitor physical and financial progress, and take appropriate action to expedite

progress if necessary, so that the time for completion set forth in the contract will be duly

respected by the contractor;

r) Explain and/or adjust ambiguities and/or discrepancies in the Contract Documents and

issue any necessary clarifications or instructions. Give instructions to the contractor for any

works which may not be sufficiently detailed in the contract documents, if any;

s) Review and recommend for approval the contractor’s design & working drawings if found

in accordance with the contract;

t) Liaise with the appropriate authorities to ensure that all the affected utility services are

promptly relocated;

u) Carry out field inspections on the contractor’s setting out of the works in relation to original

points, lines and levels of reference specified in the contract;

v) Organize, as necessary, management meetings with the contractor to review the

arrangements for future work. Prepare and deliver minutes of such meetings to MPJN and

the contractor;

w) Monitor the works so that all the contractual requirements are met by the contractor,

including those in relation to i) quality of the works, ii) safety and iii) protection of the

environment. Confirm that an accident prevention / safety officer proposed by the


Page | 49

contractor is duly assigned at the project site. Require the contractor to take appropriate

remedies if any questions are recognized regarding the safety measures;

x) Witness and Assist MPJN in assessing field test report, sampling and laboratory test report

to be carried out by the contractor;

y) Reviewing the test results/certificates of all construction material and/or sources of material

and undertake additional tests as necessary to assess the quality of works as 1st tier quality

control.

z) Consultant shall make recommendations for payment of bills as per the agreement between

contractor and MPJN. Any corrections, if required, shall be made only after the

recommendations of the General Manager (GM) of the concerned PIU.

aa) Verifying the request for area addition in the contractor’s scope of work during execution

period. The request can be through Contractor, Client or public and need to be verified at

site and change in scope planned accordingly.

bb) Evolve and implement a system for the quality assurance of the works in line with the

contractor’s quality assurance plan. The system of control of quality of material and

completed works shall also include sampling method and criterion, and acceptance criteria.

The sampling method and the acceptance criteria shall be based on statistical methods and

the recommendations of the relevant IS codes and JJM / DDWS, MoJS / CPHEEO

guidelines.

cc) Inspect the construction method, equipment to be used, workmanship at the site, and attend

shop inspection and manufacturing tests in accordance with the Employer’s Requirements;

dd) Check bills submitted by the contractor and recommend for payment as per the provisions

of the contract;

ee) Coordinate the works among different contractors/consultants employed for the projects;

ff) Assess the modifications in the Employer’s Requirements as may be necessary in

accordance with the actual site conditions, and recommend regarding variation orders;

gg) Carry out timely reporting to MPJN for any inconsistency in executing the works and

suggesting appropriate corrective measures to be applied;

hh) Inspect, verify and determine claims issued by the parties to the contract (i.e. MPJN and

contractor) in accordance with the contract;

ii) Ensure that the Test on Completion carried out by the contractor and assist MPJN in

carrying out the Test after Completion, as applicable;

jj) Perform the inspection of the works and to issue certificates such as the Taking-Over

Certificate, Performance Certificate as specified in the contract, Check and

recommend/certify as-built documents prepared by the contractor;

kk) Check the construction phase final bill in detail and verify on site and accordingly

recommend for payment;

ll) To direct the Contractor in all matters concerning construction safety and care of the works

(including the erection of the temporary signs at MPJNM works) and if required, to require

the Contractor to provide any necessary lights, guards, fencing and watchmen;


Page | 50

mm) To provide adequate supervision of Contractor’s work carried out in more than one shift

thus matching the working hours to be the same as that of the contractors(s);

nn) Provide assistance to the Employer in respect of contract implementation, claims and other

matters;

oo) Assist to acquire land for different component of scheme and take necessary permission

from concerned department such as revenue, forest, agriculture, private land, etc. Also

assist in acquiring necessary permission from road authorities, railway, water resource

department, electricity department, etc.;

pp) Assist/advice Employer for advance actions required to be taken for handing of site and in

achieving different milestones for completion of projects as per schedule;

qq) Online Entries on the MIS/Works Contract Management System (WCMS) Module as per

requirement for recording information regarding project, measurement and bills, etc.;

rr) Assist the Employer in co-ordination works with different agencies and hold meetings for

proper and timely implementation of the project;

ss) Checking and review of complete structural as well as hydraulic design and drawing

including all components of the Multi Village Rural Water Supply Scheme as per provision

of work contract, prepared and submitted by contractor and preparation of evaluation report

of design and drawing.

2.5. Safety Measures

The Consultant shall:

a) Review and ensure implementation of the safety plans submitted by the bidders from the

point of view of securing the safety during the construction;

b) Review and ensure implementation of the program submitted by the contractors from the

point of view of securing the safety during the construction and ask the contractor to submit

further details, if necessary; and

c) During the supervision of the construction work, ensure that an accident prevention officer

/ safety officer proposed by the contractor is duly assigned at the project site and that the

construction work is carried out according to the safety plan as well as the safety measures

prescribed in the program. If Consultant recognize any questions regarding the safety

measures in general including the ones mentioned above, the Consultant shall suggest

MPJN to ask the contractors to make appropriate improvements.

3. Implementation Arrangements

3.1. The Supervision and Quality Control Consultant (Execution) would be attached to Project

Implementation Agency (PIU), MPJN for coordination, reporting and approval of

payment purposes and would advise and assist in capacity and quality enhancement of

the executing agency.


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3.2. Under the overall guidance of the MPJN / Project Management Consultant (PMC), the

Consultant will provide management advice to PIUs’ on methodologies and procedures

for contract management, 1st tier quality control, monitoring project performance and

coordination, quality monitoring of works for the project, etc.

3.3. The Consultant will establish its office in the project area at the locations indicated in

Annexure 2 on its own.

3.4. The Consultant will directly liaise with the PIU, MPJN in enforcing the agreed

procedures.

3.5. Status of all the activities entrusted to the Consultant would be reviewed in weekly /

monthly and any other meetings scheduled by Client. Corrective actions as identified

during such meetings would be required to be taken up by the Consultant.

4. Staffing and Other Inputs

4.1. The Consultant is expected to provide the personnel for the indicated duration. The

duration given is indicative and subject to variation by agreement between the Consultant

and the MPJN. The Consultants’ team composition and indicative inputs along with office

location are included as Annexure 2.

i. Consultant shall ensure that staff shall always be available and shall plan the

deployment of the additional staff if any within 15 days from the approval of the

required personnel by MPJN.

ii. The staff deployment may be amended (increased / decreased) based on Client

instructions.

iii. The duration of the assignment along with the different offices is indicated in

Annexure 2. MPJN may extend the duration of the assignment further based on mutual

agreement subject to satisfactory performance.

4.2. Roles and Responsibilities of the Staff

Detailed information on the major tasks and duties are as follows:

1. Team Leader

a) Lead the Project Team to finish all work related to assignment of consulting services during

the project implementation process; Act as Employer’s Representative on Design-Build

(DB) Conditions (EPC) Contract;

b) Shall take the overall responsibility under the consulting services of the Consultant, and

shall represent the Consultant in all matters relating to the performance of services,

communication between Contractors, PIU, MPJN and the Project Management Consultant,

coordinating with and managing Consultant team to deliver services as per the scope of

work during the stipulated time schedule

c) Develop and help project implementation plans and procedures for monitoring and control;

d) Shall be in regular contact with the Client, PIU, PMC and attend all the meeting as required

/ instructed by Client.


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e) In consultation with the PIU, develop a detailed framework for the Project Performance

Management System (PPMS) including overall system design, refinement of indicators,

targets and outputs, and form of report formats. This task must be completed within first 6

months of the contract;

f) Shall issue instructions to contractor(s) and check the documents and drawings submitted

by the contractor(s).

g) Shall prepare monthly and quarterly progress reports

h) Scheduling and ensuring timely mobilization / demobilization of team members

i) Ensuring deployment of the entire team in accordance with the Contract / Client

instructions

j) Undertake site visits at least twice a week ensuring coverage of all project area in the

month.

k) Provide detailed review and recommendation on checking of bills, checking / preparation

of proposals for variation, extra work, time extension, delay analysis, etc. as directed by

Client.

l) Set up and maintain a correspondence and document storage and retrieval system to record

all relevant communications between the parties to the Contracts and all measurement and

quality control details and variations to the works as they occur;

m) Develop the format of a brief monthly construction report and prepare project relevant

reports required by MPJNM, including inception report, brief monthly reports, quarterly

reports, and project completion report;

n) Review all documents and supervision reports before final submission to MPJNM.

o) To approve the Contractors key superintendent personnel and, construction mobilization

programs.

p) To approve the contractors’ work program including activity scheduling and resource

programming.

q) Issue interim certificates for payments to the contractors.

2. Deputy Team Leader cum Construction Manager

a) Shall support TL and represent Consultant team in case TL is not present

b) Shall function as technical advisor in supervision of all the schemes

c) Shall assist to coordinate with other experts in delivering the entire scope of work

d) Responsible for overall construction management, quality control & quality assurance and

administration of the contracts.

e) Shall assist PIU/MPJN in correspondence to clarifications from the contractors in technical

aspects

f) Shall oversee the contractor’s submission documents and coordinate for reviewing the

contractor’s submissions

g) Undertake regular site visits as directed by the Client ensuring coverage of the entire

scheme during a month,

h) To review, compile and finalize progress reports.

i) To test check measurements as per TOR


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j) Shall assist the team in reviewing the documents and drawings submitted by the

contractor(s)

k) Shall assist the team in resolving inter-department issues and will recommend on

resolution of hindrances in execution

l) All other duties assigned by the Team Leader and GM/CGM.

3. Water Supply Expert

a) To review and monitor the ongoing work on site as per approved design drawing

b) Shall function as technical advisor in supervision of all the schemes

c) Shall assist to coordinate with other experts in delivering the entire scope of work

d) Shall assist PIU/MPJN in correspondence to clarifications from the contractors in technical

aspects

e) Shall oversee the contractor’s submission documents and coordinate for reviewing the

contractor’s submissions

f) Undertake regular site visits as directed by the Client ensuring coverage of the entire

scheme during a month,

g) To review, compile and finalize progress reports.

h) To test check measurements as per TOR

i) Shall assist the team in reviewing the documents and drawings submitted by the

contractor(s)

j) To coordinate with contractor(s) to ensure progress of works as per the approval plans

k) Any engineering work like design check, bill check & reply to contractor(s).

4. Manager (Community Mobilization)

a) Ensure every revenue village/habitation have covered with FHTCs, done PRA and prepare

VAP with participatory approach and have constituted VWSC, as per JJM guidelines/Gazette

Notification of MP.

b) To provide assistance in conducting PRA and VAP

c) Liaising/coordination among Gram Pachayat/Jila Panchayat/MPJN/PIU and other

concerned line department.

d) To provide necessary support for Capacity Building plan, Surveys, IEC activities plan and

Social Mobilization Activities.

e) To identify Critical Capacity/Skill gaps among Key Stakeholders for implementation to

promote a community-led approach to rural water supply and facilitate the process of

bridging these gaps.

f) Any other task relevant to the project for social mobilization and other activities of the

project.

g) To steer the Project Team in the implementation of the JJM programme and its objectives.

h) Conduct monthly review meeting with all related concerned stakeholder.


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i) Apart from above, he/she will be responsible for implementing JJM guidelines

5. Resident Engineer

a) To review and monitor/supervise the ongoing work on site as per approved designs,

drawings, specifications in line with approved QAQC plan.

b) Reporting and interacting with Team Leader to sort out routine construction problems.

c) To coordinate with contractor(s), PIUs, PMC to ensure progress of works as per the

approval plans

d) To update the team and Client in case of foreseeable issues & hindrances which could

impact the progress of the projects as per the approved plan

e) Any engineering work like design check, bill check & reply to contractor(s).

f) Review project design drawings and provide direction if need be, highlight potential

technical problems and suggest means to resolve the same in consultation with PIU, DTL

& TL;

g) Witness, provide advice and assistance on start-up, testing and commissioning as per

detailed specifications and contract conditions;

h) To inspect the works, during the construction period and during the Trial run and at proper

interval.

i) Establish a system of Quality control & Quality Assurance of works, approve materials,

concrete mix designs, sampling and testing procedure and ensure implementation of the

same on site.

j) To interact with GM/DGM.

k) To review progress reports submitted by the contractor and prepare weekly, monthly

progress reports highlighting the bottlenecks.

l) To check measurements as per TOR

m) All other duties assigned by the Team Leader and GM/DGM.

6. Assistant Engineer (Civil/E&M)

a) Coordinate with client and the contractors appointed by client for execution of work water

supply schemes to monitor construction work as per the schedule of each works.

b) Monitor progress with reference to pre-fixed targets drawn up jointly with the Contractors

and furnish monthly progress reports in the formats as decided in consultation with the

MPJN.

c) To direct contractor to take all necessary steps to maintain the rate of progress of works as

per the approval programme.

d) Guiding team of Field Engineers to approve setting out of the works layout, to verify the

drawings of the contractor, quality control & Quality assurance procedures, etc.

e) Ensure monitoring and checking of day to day works ongoing on the site, and issue

monthly/interim payment certificates;

f) To direct the Contractor in all matters concerning construction safety.

g) To verify and correct the as built drawings.


Page | 55

h) Record measurements in measurement books at various stages of works, verification of

measurement and preparation of bills based on recorded measurements jointly with the

Departmental Officers during each stage.

7. Field Engineer (Civil/E&M)

a) In case of works where measurements are hidden after completion, as in the case of

foundations, reinforcements in RCC structures etc, check measurements are to be carried

out immediately after each activity is completed and before they are covered up.

b) To attend the Requests for Inspections (RFIs) timely and give go ahead to the contractor if

the work is as per the drawings and technical specifications.

c) Witness Quality Assurance of works, materials concrete mix designs, sampling and testing

procedure and Quality Control measures.

d) Witness/Check the laboratory and field test carried out by the contractor, ensure proper

record and testing of cubes as required.

e) Order removal and substitution of improper materials.

f) To make independent measurements and check all quantity measurements and calculations

required for payment purpose.

g) To monitor and check the day to day quality control, keep all measurement records.

8. Assistant Manager (Community Mobilization)

a) Ensure every revenue village/habitation have covered with FHTCs as per JJM guidelines.

b) Ensure every revenue village done PRA and prepare VAP with participatory approach.

c) To provide assistance in conducting PRA and VAP

d) Ensure every village have constituted VWSC, as per JJM guidelines/Gazette Notification

of MP.

e) Liaising/coordination among Gram Pachayat/Jila Panchayat/MPJN/PIU and other

concerned line department.

f) To provide necessary support for Capacity Building plan, Surveys, IEC activities plan and

Social Mobilization Activities.

g) Any other task relevant to the project for social mobilization and other activities of the

project.

h) To steer the Project Team in the implementation of the JJM programme and its objectives.

i) To support, Monitor and Evaluate the JJM programme on a regular basis to achieve its

milestones and objectives within the defined time frame.

j) Apart from above, he/she will be responsible for implementing JJM guidelines

9. Quality Control Engineer

a) Establish a system of Quality control & Quality Assurance of works, approve materials,

concrete mix designs, sampling and testing procedure and ensure implementation of the

same on site.


Page | 56

b) To ensure that the ongoing work is going on as per approved designs, drawings,

specifications in line with approved QAQC plan.

c) Guide the Field engineers (AE & FE) regarding QAQC issues.

d) To inspect the works, during the construction period and to update/highlight the team

leader any non-conformity to the QAQC.

e) Provide advice and assistance on testing and commissioning as per detailed specifications

and contract conditions;

f) All other duties assigned by the Team Leader and GM/DGM.

g) Ensure that the Field engineers (AE & FE) laboratory will carry out the field tests as per

standards and proper record and testing of cubes as required.

The above tasks are indicative and further tasks may be allotted to the experts by Client / Team

Leader depending on the requirements of the projects / schemes. The above tasks are to be

delivered by the Consultant as a whole and non-deployment / absence of some members of the

Consultants’ team shall not be considered as a reason for non-delivery of any aspects of the

Services as envisaged under the Contract. It is the responsibility of the Consultant to ensure

delivery of the entire scope of work as envisaged under the Contract at all times during the

contract period.

4.3. Mobilization / Replacement of Staff

The Consultant will be responsible for deployment / withdrawal of staff / additional staff for

efficient and complete monitoring of works. However, the total staff inputs should not exceed

the man-month indicated in the Contract. In case the deployment is less than 40% at any time

during the contract, Client may terminate the contract. The CV’s of key personnel shall be

included in the proposal along with documentary proof of qualification and experience, their

written consent and availability. No replacement of staff whose CV is evaluated shall be

allowed. Only under exceptional circumstances and with approval of MD, MPJN shall any staff

be allowed to be replaced. Any such request for replacement shall be raised by giving proper

justification of the need of replacement. Any such replacement of expert shall draw a penalty

of 5% of the quoted cost of resource. Subsequent replacements shall draw a penalty of

additional 5% of the quoted cost of resource. MD, MPJN shall have the sole discretion of

waiving such penalty if the candidate during interview is found better qualified and capable.

If, however, the replacement is necessitated because of medical reasons of the expert, then such

deductions shall not be applicable, though the Consultant will be required to provide medical

reports or doctor’s advice mentioning the incapacity of the expert to perform. MPJN if required,

can ask for a certificate from a doctor empanelled with it.

After award of the contract, the Employer expects all the proposed personnel to be available

during implementation of the contract as per the agreed staffing schedule.

The Employer will not consider substitutions during contact implementation except under

exceptional circumstances. In case of such replacements, the Consultant will ensure that there


Page | 57

is a reasonable overlap of at least one month between staff to be replaced and replacement for

knowledge transfer, at the cost of the Consultant.

The Employer may ask for mobilization or demobilization of team / staff as per performance

and requirement of work. The team / staff shall be mobilized / demobilized as communicated

by Employer.

4.4. Entitlement for Outstation Visit Cost Reimbursement

The costs towards travel expenses, boarding and lodging pertaining to outstation (outside

project area) visits undertaken with prior approval of Client shall be reimbursed by the Client

on production of bills with the invoices. The class of travel and stay shall be as per latest

applicable rules of Government of Madhya Pradesh as on the date of travel as per entitlement

for the respective Experts as per the following table:

No. Key Expert Designation Equivalent Designation for

Reimbursement

1. Team Leader General Manager, PIU

2. Construction Manager Manager, PIU

3. Water Supply Expert Manager, PIU

4. Resident Engineer Manager, PIU

5. Manager (Community Mobilization) Manager, PIU

5. Action Requiring Specific Approval of Employer

5.1. The Consultant will be required to obtain the specific approval of the Employer in the

matters as specified in construction Contract Agreement.

5.2. The Consultant will seek prior permission of the Employer before taking any of the

following actions:

a. Consenting to the sub-contracting of any part of the works.

b. Certifying additional cost determined.

c. Ordering suspension of work.

d. Issuing the notice to commence the work.

e. Approving an extension of time.

f. Approving new rates either for existing items of work, arises from variation

quantities beyond the limit, defined in the contract document.

g. Approving new rates either for existing items of work, which arises from variation

quantities beyond the limit, defined in the contract or fixing rates of non-priced

works involving any extra item and extra item and certifying any additional cost

determined under the provisions of contract;

h. Issuing the order for special tests not provided for in the contract and determining

the cost of such tests, which shell be added to the contract price.


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i. Issuing/approving the Technical Specification, if not provided for an item of works

in the Construction Contract, similarly; for any change in Technical Specification

of any item of work.

6. Interim and Final Payments

6.1. The Consultant will process interim and final payments to the Contractor. Interim monthly

payments shall be based on interim payment certificates processed by the Consultant

following claims filed by the Contractor. The Consultant will be responsible for ensuring

that all measurements are taken as per specification and drawings for the works and are

recorded in presence of the representative of contactor(s) and are countersigned by him.

All measurements (100%) will be taken by the Field Engineer or any senior technical staff

and also recorded in prescribed measurement book manually and/or by computer. All

measurements will be 100% checked by Assistant Engineer. In processing contractual

payments, the Resident Engineer and DTL of the Supervision Consultant will certify that

they have checked at least 25% and 10% respectively of the measurements and quality

control tests. The Resident Engineer shall intimate the details of these check tests to the

GM, PIU before undertaking them, so that the GM, PIU or his officers could associate, if

they wish to do so. The Resident Engineer or any of his concerned experts shall do the

repeat tests or measurements, if directed by the GM, PIU of the construction package, in

the presence of GM, PIU or any of his representatives. In case of any conflict the Team

Leader will check minimum to 3% of total measurement/quality control tests. In the event

of such conflict the Employer will release to the contractor 80% of the disputed amount as

certified by the Consultant and then instruct the Consultant to respond to the discrepancies

within 14 days. Any discrepancy found will be settled in the following interim payment

certificates.

6.2. Measurement of the works and supplies will be checked by the staff of Consultant as

follows.

(i) Team Leader : - 3%

(ii) Deputy Team Leader : - 10%

(iii)Resident Engineer : - 25%

(iv) Assistant Engineer : - 100%

7. Reports

7.1. The Consultants will submit the following periodic reports at the time and in the number

of copies (also in electronic copies) indicated for each, in addition to reports, which will

be submitted on the specific tests under the scope of work. Some of the reports would be

in questionnaire form so that all required aspects are covered.

Particulars of the Report No. Of Copies

1) Monthly Progress Reports 5 + softcopy

2) Quarterly Progress reports 5 + softcopy


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3) Completion Reports of each package 5 +soft copy

4) Final Completion Report with CD 5 + soft copy

5) Any additional report and power point

Presentation in Hindi and English As & when required

i. Inception Report: To be submitted within three (3) weeks of the commencement of

services. The report will be based on the Terms of Reference and will include the

Consultants detailed work program. (5 Copies in Hard and 1 in Soft Copy).

ii. Daily Progress Report: Daily progress report shall be sent by email by next day

morning.

iii. Weekly Progress Report: Weekly progress report shall be submitted on every

Monday. Team Leader Should give a presentation to Client regarding weekly

progress of the project, hurdles/bottlenecks, if any with strategies to address them.

Mere submission of reports will not suffice.

iv. Monthly Progress Report: Monthly progress reports to be submitted by the fifth day

of the following month in Hindi and/or in English. The report shall include the

progress of works, any hindrances observed, or foreseen, and corrective measures

taken or proposed to resolve the hindrance along with photographs of construction

progress. (5 Copies in Hard and 1 in Soft Copy). The report shall summarize the work

accomplished by the Consultant for the preceding month (along with photographs).

The report will outline any issues/concerns/problems encountered (administrative,

technical, environmental, social or financial) and give recommendation on how these

problems may be overcome. Brief work progress summaries will be included for on-

going works and outlining problems encountered and recommending solutions. The

report should record the status of payment of contractor’s monthly certificates, of all

claims for cost or time extensions, and of action required of government and other

agencies to permit unconstrained works implementation.

v. All reports should be given in hard copy as well as MS office formats in soft copy.

Report should include the work plan in Microsoft Project (MSP) or equivalent

software. Actual work plan submitted by the Contractor during the tender and the

actual work done on site should be presented in Microsoft Project (MSP) or

equivalent software to the Client regularly showing the progress, delays / hurdles /

bottlenecks in the schemes.

vi. Quarterly Site Assessment Report: The Consultant shall submit a comprehensive

report summarizing all activities under the services at the end of each quarter, and

also at other times when considered warranted by the Employer because of delay of

the construction works of because of the occurrence of technical or contractual

difficulties. Such report shall summarize (i) the activities of the Consultant (ii) the

progress of the Contracts (iii) all contract variations and change orders (iv) the status

of Contractor’s claims, if any; etc. The report shall include brief descriptions of the


Page | 60

technical and contractual problems being encountered, physical and financial

progress in approved formats, financial status of the contracts as a whole consisting

the cost incurred, and cost forecast, and other relevant information for the on-going

contracts.

vii. Any other reports as required by the Client from time to time as instructed.

8. Facilities

8.1. The Consultants are required to quote their rates for other incidental expenses on monthly

basis for providing the following for their own use. The Consultant will have to maintain

separate office(s) as specified in Annexure 2. The offices will be fully equipped with

furniture, office equipment with computer, telephone, fax, electricity, water cooler, other

equipment necessary for site and required for executing the job, water supplies, vehicles

for office and field visits, office support staff, all traveling expenses of all personnel,

personnel, stationery required for regular office use, reporting, documentation, etc. The

Bidder shall give a monthly rate for the different offices as under, which will include all

expenses detailed above. The details mentioned below is minimum what is required to be

deployed by the Consultant:

8.1.1. All office expenses for the offices as specified in Annexure 2.

8.1.2. Total number of minimum vehicles as specified in Annexure 2 inclusive of hire

charges, diesel/petrol, wages of driver, maintenance, etc.

8.1.2.1. Four-Wheeler - Hard top jeep, Bolero, Scorpio, TUV 300 or equivalent

8.1.2.2. Two-Wheeler - Motorcycle 100 cc or equivalent / above

8.1.3. Computers & laptops as required with minimum configuration as Intel Core i5, 4 GB

DDR RAM, 500 GB Hard Disk with internet/Wi-Fi connectivity, office furniture and

equipment etc. along with all latest compatible software as per requirement.

8.1.4. Any other incidental cost like survey equipment including the equipment required

during construction to regulate the quality of construction on hire basis.

8.1.5. The expenses for running the office which is to be included in the other incidental

expenses shall comprise to run the Consultant’s office items like desks, chairs,

computer table, cupboards, filing cabinet, meeting table with chairs, white boards, sofa

set, etc. Expenses of all consolidated items as assessed by Consultant on monthly basis

rate to be quoted.

8.1.6. The expenses for deployment of office equipment which is to be included in the other

incidental expenses shall comprise to run consultant’s office items includes plotter,

laser printer, photo copy machine, external CD writer, laptop, camera, SLR, generator,

refrigerator, etc. Expenses of all consolidated items on monthly basis to be quoted.

8.1.7. Office furniture purchase shall comprise to run the Consultant office items like desks,

chairs, computer table, cupboards, filing cabinet, meeting table with chairs, white

boards purchased by the Consultant. There will be no reimbursement of any office set

up cost or any cost except for those specified in the financial proposal.

8.1.8. The Consultant will have to maintain / provide vehicle as specified in Annexure 2.

Payment of vehicles will be made after submission of the log book of vehicle. If vehicle


Page | 61

runs less/or in excess than prescribed limit, the payment will be deducted/made

additional accordingly with following rates for less/excess KM.

i. Four-wheeler vehicle - Rs. 15/ KM.

ii. Two-wheeler vehicle - Rs. 05/ KM.

The prescribed limit for the vehicles is as follows:

i. Four-wheeler vehicle – 2,500 km per month

ii. Two-wheeler vehicle – 1,000 km per month

8.2. The rental cost for all these items will be included in the financial proposal and shall be

considered for evaluation.

8.3. The quality control laboratory for performing various types of tests shall have to be

arranged by the Contractor including the testing personnel. The supervision consultant

will perform all the required tests and supervise all the tests done by the contractors.

Financial cost for setting up of laboratory and equipment and testing need not made in

financial proposal.

8.4. Employer will provide to the consultants the copies of all the project reports including

design and drawings and relevant databases collected by the design consultants. One set

each of designs and drawings shall be maintained at Team Leader office and also at each

site office (resident engineer office).

9. Deficiencies in Services

Deficiencies in the services on part of Consultant may attract penal provisions in the form of

fines, up to a maximum amount of 10% of contract price and /or debarment, etc. The

deficiencies on part of Consultant may include the following but not be limited to:

a. Not acting impartially or acting in collusion with contractor in award of variation,

fixation of new rates, etc.

b. Not keeping proper records regarding quality control, inspection, rejection/rectification

of work, etc.

c. Failure to give proper and timely advice to Employer / contractor to enable correction

during execution.

d. Delay in design and withholding approvals, etc.

e. Recommending extension to the contractor with a view to extending duration of

supervision services.

f. Refusing to give reasons for decisions when called for by the Employer.

g. Not being fully conversant with manuals, specifications, standards, Employer’s

/Ministry’s guidelines and requirement of the project to be following during

construction.

h. Certifying substandard work for payment.

i. Not exercising required scrutiny non-approval of temporary stretch/works.

j. Lack of proper coordination with contractors and Employer’s representative to ensure

smooth implementation of projects.

k. Permitting subletting of any part/major works without authorization.


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l. Delay in mobilization of required staff at any stage of the contract.


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Annexure 1

Details of Waidhan 2 Multi-Village Scheme (MVS)

No. Main Works

1

Construction of RCC intake well cum pump house having minimum diameter 10 m and

approximately 31 m deep, 28.24 million litres of capacity in 20 hours flow with provision for

automation, construction of RCC approach bridge of length approximately 150 meter, width

minimum 5.0 (excluding space for pipeline, kerb, cable duct, railing, electric poles, etc.) and all

other necessary/ ancillary structures required at the bank of Son River near Thatara Village

2

Raw water pumping main of 500 mm diameter DI class K9 pipe of length 7,500 m including

electromagnetic flow meter, valves, sluice valves, air valves, scour valves, valve chambers,

thrust blocks, crossings, specials & accessories, etc. complete including road restoration.

3

Water treatment plant to provide 22.66 million litres in 20 hours including automation, of overall

clear water demand for the design year, complete, near village Sailwar District Singrauli

including construction of boundary wall with MS gates, internal roads, electrification, staff

quarters, laboratory, office building, etc. and all other necessary/ ancillary structures required.

4

Providing, laying & jointing of clear water pumping main having length and Diameter as

indicated below of DI class K9 Pipe with in-lining and out-coating as per IS 8329 and MS pipe

including Electromagnetic flow meter (EMF), valves, sluice valves, air valves, scour valves,

valve chambers, thrust blocks, crossings, specials & accessories, including road restoration etc.

complete.

Type of Pipe / Class Diameter in mm Length in Meter

DI Pipes Class K- 9 500 1,000

Total 1,000

5

Providing, laying & jointing clear water feeder / gravity main, DI K-7 / DI K-9 pipe as per IS

8329 and MS Pipes as specified in specification including valves, sluice valves, air valves,

scour valves, valve chambers, thrust block, crossings (rail and road), specials & accessories,

etc. complete including road restoration of length and diameter as indicated below:

Type of Pipe/ Class Diameter in MM Length in meter

DI Pipes Class K- 7 100 mm 43,784.0
















Page | 64

No. Main Works








Total 3,42,418.40

6

a) Construction of 66 numbers RCC overhead service reservoirs at different villages of

following capacity and staging of minimum 12m or as per design to maintain the required

minimum residual pressure of 7 m at consumer end including provision of electromagnetic

flow (EMF) meters at each reservoir including compound wall with MS gate & approach road,

electrification, etc. complete with 25 sqm room.

S. No. Capacity Type of Reservoir Quantity in Nos.

1 100KL OHT 12

2 110KL OHT 5

3 120KL OHT 2

4 130KL OHT 1

5 140KL OHT 5

6 150KL OHT 3

7 160KL OHT 3

8 170KL OHT 2

9 180KL OHT 2

10 190KL OHT 7

11 200KL OHT 2

12 210KL OHT 1

13 220KL OHT 1

14 230KL OHT 3

15 240KL OHT 2

16 250KL OHT 4

17 260KL OHT 1

18 270KL OHT 5

19 280KL OHT 1

20 300KL OHT 1

21 310KL OHT 2

22 320KL OHT 1

Total 66

b) Construction of twin compartment RCC Clear Water Sump cum pump houses having

following capacity with compartments including provision of electro-magnetic flow (EMF)

meters at each reservoir including barbed wire fencing with MS gate & approach road,

electrification, etc. complete with 25 sqm room.


Page | 65

No. Main Works

i. Clear Water Sump at WTP Site – 850 KL

ii. Sump at PS-1 near MBR Chitrangi – 300 KL

iii. Sump at Ps-2 near MBR Tamai – 200 KL

iv. Sump at Bagdewa – 20 KL

v. Sump at Duari – 50 KL

vi. Sump at Harkati - 130 KL

vii. Sump at Bhuidharwa - 120 KL

viii. Sump at Karaundiya - 60 KL

c) Construction of 3 RCC MBR with following capacity and approx. staging including provision

of Electromagnetic flow (EMF) meters at each reservoir including Barbed wire fencing with

MS Gate & Approach road, electrification etc. complete with 25 Sqm room.

i. MBR 1 at WTP - 850 KL, 20 M staging

ii. MBR 2 at Chitrangi - 300 KL, 15 M staging

iii. MBR 3 at Tamai - 200 KL, 10 M staging

Note:

All MBR/ BPT/ IPS/ WTP shall have boundary wall as defined in bid document but all ESRs/

GSRs shall have G.I. chain link fabric fencing of mesh size 25x25mm made of G.I. wire of 3

mm diameter including strengthening with welding or nuts, bolt & washers etc. complete. It

shall have ISA 50x50x5mm angle iron post at a spacing 2.5 m center to center of height 2m

above ground level embedded in M20 cement concrete 30x30 cm pillar minimum 75cm below

ground level. Every 7th post & corners shall be strutted with similar specification angle iron &

grouting. The top & bottom of chain link as well as on angle a 25x3mm flat secured with either

weld or rivets or bolts, to make fencing safer, shall be provided. It shall have angle iron gate of

size 3.0m x 1.8m having ISA 50x50x5mm angle iron & 16mm diameter plain M.S. bar including

AL drop, holdfast etc. and shall be fixed up in 45x45 cm wide R.C.C. pillars. An additional gate

of size 0.6mx1.5m shall also be provided within the same gate, to avoid opening of bigger gate

all the time & it shall be made of IS 40x40x5mm angle iron with AL drop, etc.

The CW sump cum pump houses and GLBR/ MBR/ BPT will have 2m high boundary wall with

‘Y’ shape angle iron with 2*3 rows of wire bed, wire fencing at top of boundary wall and gate,

one room set of area 25 sqm size with W.C. & bathroom, automation system and electrification

with area lighting, etc. complete.

The size of fencing or boundary wall shall be 20x20m including gate for these structures & if it

increases or decreases then accordingly variation shall be paid or deducted as per UADD ISOR

w.e.f. 1st May 2012 (with up to date amendments).

One room set of minimum area 25 sqm size with W.C. & bathroom and housing of automation

system and solar/ single phase electrification with area lighting, landscaping, plantation, etc.

complete.

The approach road for the MBR, OHSR, etc. shall be of approx. 30 m for each location. Any

alteration to the total length of approach roads considering all structures shall be paid or

deducted as per the MPPWD SOR w.e.f. 29th August 2017 (with up to date amendments). The

length of the approach road shall be finalized by the Engineer-in-Charge.

7

Distribution network for length and diameter as indicated below comprising of HDPE, PE100

PN6 (minimum), DI-K-7 conforming to IS 8329/2000 pipelines including Bulk water meters

for every village, valves, specials, HSC and other allied works etc. complete.

HDPE PIPES with minimum 6 Kg/cm2 pressure

a. 90 mm dia. minimum 6 kg/cm2 pressure - 9,88,912 meter

b. 110 mm dia. minimum 6 kg/cm2 pressure - 1,53,882 meter

c. 160 mm dia. minimum 6 kg/cm2 pressure - 1,72,925 meter


Page | 66

No. Main Works

d. 200 mm dia. minimum 6 kg/cm2 pressure - 59,983 meter

DI-K-7 Pipes

e. 200 mm dia. DI K-7 - 8,674 meter

f. 250 mm dia. DI K-7 - 3,944 meter

Total - 13,88,320 meter

HDPE & DI Pipe line including valves, sluice valves, air valves, scour valves, bulk water meters

for all villages, with protection chambers, thrust block, specials & accessories etc. complete

including road restoration.

8

(a) Pumping equipment including suitable motors, protection equipment for following:

Providing and installation of suitable energy efficient deep well vertical turbine pumps for raw

water including automation as under:

(i) 4 No. pumps at Intake well - 2 working of 8,396 lpm discharge each and approx. 97 m head

and 2 standby of 4,198 lpm discharge each and approx. 97 m head

The pumps given above are inclusive of standby pumps (50% standby)

(b) Pumping equipment including suitable motors, protection equipment for following:

Providing and installation of suitable energy efficient Centrifugal pumps for Clear water at

CW sump cum pump houses for intermediate pumping stations including automation as under:

(I) For CW Sump of 850 KL at WTP at MBR

(i) 4 nos. Pumps – 2 working of 7,975 lpm discharge each and approx. 73 m head and 2

standby of 3,988 lpm discharge each and approx. 73 m head.

(II) For IPS-1 near Chitrangi MBR

(i) 3 nos. Pumps – 2 working & 1 standby of 2,408 lpm discharge each and approx. 103 m

head

(III) For IPS-2 near Tamai MBR

(i) 3 nos. Pumps – 2 working & 1 standby of 1,252 lpm discharge each and approx. 100 m

head.


(IV) For Sump Bagdewa

(i) 2 nos. Pumps – 1 working and 1 standby of 99 lpm discharge each and approx. 84 m head

(V) For Sump Duari


(VI) For Sump Harkati


(VII) For Sump Bhuidharwa


(VIII) For Sump Karaundiya



9

Provision for a total of approx. 27 km long dedicated 33KV/ 11 KV power supply from nearby

substation to following locations including erection of suitable capacity transformers inclusive

of all allied works complete. Provision for power connection (High tension line i.e. 132/33/11

KVA as a separate feeder to ensure sustainable power supply, suitable transformers as per

requirement of running of the pumps with outdoor type substation).

i) at intake well (630 KVA substation)

ii) at WTP for CWR pumps (1000 KVA substation)

iii) at IPS-1 Chitrangi MBR site (200 KVA substation)

iv) at IPS-2 Tamai MBR site (200 KVA substation)


Page | 67

No. Main Works

Supply, installing, testing and commissioning of transformers at the required locations with

transformer yards complete in all respects as per specifications:

Provision of stretching suitable capacity electric line and taking connection for CWS cum pump

houses.

Any other work necessary to cater the power supply demand of the project (as variation).

The work includes construction of substations and stretching of power lines and internal and

external electrification etc. complete at all components.

100 % standby transformers to be provided at all locations.

10

Design, Supply, Delivery, Erection, Testing, & Commissioning of Automation Components for

Monitoring & Maintenance with GPRS Communication with all necessary accessories

(SCADA)

11 House Service Connection – 41,702 Nos. (Up to end of O &M Period)

12

Construction of Staff Quarter / Office Building:

i. Office Building/Admin block - 01 No. in WTP campus - 225 sqm.

ii. Store Building - 01 No. – 75 sqm

iii. F-type staff quarter with minimum plinth area 93.0 Sqm each - 01 Nos.

iv. G-type staff quarter with minimum plinth area 65.0 Sqm each - 02 Nos.

v. H-type staff quarter with minimum plinth area 46.5 Sqm each - 04 Nos.

vi. I-type staff quarter with minimum plinth area 32.5 Sqm each - 08 Nos.

vii. Office Building of 400 sqm at place directed by MPJN

13

Operation & Maintenance of the Whole Scheme for first year

The Operation and Maintenance cost for the first year, in terms of percentage of contract amount

is given in Annexure H.

For every subsequent year, the first-year percentage rates will be increased / decreased

according to the percentage change in consumer price index issued by Labour Bureau, GOI (All

Industrial Worker) for that period. The index on the date of completion of trial run period will

be treated as base for calculation of percentage point increase/decrease in O&M cost of next

year. Payment of O&M will be made quarterly.

Note:

a. The operation & maintenance period is 10 years from the date of completion of three months

of trial run after successful commissioning of the project.

b. The cost of energy charges (excluding penalties) shall be paid by MPJNM on reimbursement

basis.

c. Energy Requirement: The estimation for yearly consumption of energy is 79,72,300 kwH

(Unit) for design period. The estimate will be finalized based on the equipment installed as

per the approved design. For intermediate years, payment will be made on pro rata /

calculation basis.

d. If due to any reasons, whatsoever it is desired to supply water in some of the villages before

final commissioning and trial run, then the pro-rata rates derived from the Annexure H shall

be applicable for the part payment on the basis of duration and quantity supplied, but the

date of commissioning of whole work shall be applicable from the dates as stipulated in this

contract.

Note: These are tentative detail, actual works on field may vary.


Page | 68

Annexure 2

Table 1: Consultants Team Composition and Staffing Schedule

No Position Numbers Duration

A Head Office

1. Team Leader 1 33 months

2. Deputy Team Leader / Construction Manager 1 33 months

3. Water Supply Expert 1 33 months

4. Manager – Community Mobilization 1 33 months

5. Billing Assistant 1 33 months

6. Computer Operator 1 33 months

7. Office Manager 1 33 months

8. Office Boy 1 33 months

B Resident Engineer Office

9. Resident Engineer 1 33 months

10. Assistant Engineer (Civil) 2 33 months

11. Assistant Engineer (E&M) 1 6 months

12. Field Engineer (Civil) 4 33 months

13. Field Engineer (E&M) 1 6 months

14. Quality Control Engineer 1 33 months

15. Assistant Manager – Community Mobilization 1 33 months

16. Computer Operator 1 33 months

17. Office Boy 1 33 months

Table 2: Office Location*

No. Name of the office Quantity Duration (months)

1 Team Leader 1 33

2 Resident Engineer 1 33

* Office location can be anywhere within the scheme area and will be specified prior to

deployment.

Table 3: Transport / Vehicle

No. Name of office Type of Vehicle Quantity Total Duration

(months)

1. TL Office Jeep 2 66

2. RE Office Jeep 3 99

3. RE Office Motorcycle 7 204


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Note:

1. Office location of Team Leader / Resident Engineer may be changed by GM, PIU.

2. At Team Leader office vehicle should be hard top Jeep, Bolero, Scorpio, TUV 300

or equivalent. Deputy Team Leader & Water Supply Expert should use motorcycle.

3. It is essential to have own mobile by each staff mentioned and payable as per

following provision: Maximum Rs. 1,000 for Team Leader and Rs. 500/- for

remaining Key Experts or actual whichever is less is reimbursed to firm in monthly

bill.

4. CV of the personnel excluding the Key Experts will be approved after interview by

General Manager of the respective PIU.

5. Tour program should be submitted for each month by Key Experts and not more

than 10% deviation will be allowed from submitted tour program.

6. If required, Client may instruct Consultant to undertake Supervision and Quality

Control (SQC) for additional schemes.

7. Manpower / deployment (man-months) of Consultant may be increased / decreased

as per requirement of MPJN.

8. Deployment should be done as per requirement of MPJN. GM PIU will intimate in

writing to Consultant. Consultant should deploy personnel within a month

compulsorily.

9. Maximum working age shall be 60 years. Person completing age of 60 years will be

demobilized or deemed to be demobilized on the same day.

10. For the post of Assistant Engineer (Civil / E&M), Retired Assistant Engineers from

government service may be considered for the position, subject to approval of the

Client.

11. For the post of Field Engineer (Civil / E&M), Degree holder Engineers with less

than the minimum required experience may be allowed up to 25% of total number

of posts. Remuneration for these Field Engineers shall be paid at the rate of 75% of

rate quoted by the Consultants for Field Engineers. After these Field Engineers meet

the minimum experience requirement, they shall be paid at the rate quoted by the

Consultants for Field Engineers.

12. All the personnel of the Consultant deployed at RE Office / undertaking site visit

shall have a uniform dress code, as proposed by the Consultant and approved by the

Client.

PART 3 – CONDITIONS OF CONTRACT

AND CONTRACT FORMS


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Section VI: Form of Contract

Form of Contract: TIME-BASED

This CONTRACT (hereinafter called the “Contract”) is made the [day] day of the month of

[month], [year], between, on the one hand, [name of Client] (hereinafter called the “Client”)

and, on the other hand, [name of Consultant] (hereinafter called the “Consultant”).

WHEREAS

(a) the Client has requested the Consultant to provide certain consulting services as defined in

this Contract (hereinafter called the “Services”);

(b) the Consultant, having represented to the Client that it has the required professional skills,

expertise and technical resources, has agreed to provide the Services on the terms and

conditions set forth in this Contract;

NOW THEREFORE the parties hereto hereby agree as follows:

1. The following documents attached hereto shall be deemed to form an integral part of

this Contract:

(i) This Form of Contract;

(ii) The Special Conditions of Contract (SCC);

(iii) The General Conditions of Contract (GCC);

(iv) The following Appendices:

Appendix A : Description of Services

Appendix B : Consultant Personnel

Appendix C : Financial Proposal

Appendix D : Form of Performance Security

Appendix E : Acknowledgment of Compliance

In the event of any ambiguity or conflict between the documents listed above, the order

of precedence shall be the order in which the documents are listed in this Clause 1.

2. The mutual rights and obligations of the Client and the Consultant shall be as set forth

in the Contract, in particular:

(a) the Consultant shall carry out the Services in accordance with the provisions of

the Contract; and


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(b) the Client shall make payments to the Consultant in accordance with the

provisions of the Contract.

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their

respective names as of the day and year first above written.

For and on behalf of [name of Client]

[Authorized Representative of the Client – name, title and signature]

For and on behalf of [name of Consultant Name of a Joint Venture]

[Authorized Representative of the Consultant – name and signature]

For a JV, only the lead member shall sign, in which case the Power of Attorney to sign on

behalf of all members shall be attached.]

For and on behalf of each of the members of the Consultant [insert the name of the JV]

[Name of the lead member]

[Authorized Representative on behalf of a JV]


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Section VII: General Conditions of Contract (GCC)

Table of Clauses

1. GENERAL PROVISIONS .................................................................................... 74

2. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION

OF CONTRACT .............................................................................................................. 76

3. OBLIGATIONS OFTHE CONSULTANT ........................................................... 81

4. CONSULTANT’S EXPERTS ............................................................................... 85

5. OBLIGATIONS OF THE CLIENT ...................................................................... 86

6. PAYMENTS TO THE CONSULTANT ............................................................... 87

7. FAIRNESS AND GOOD FAITH ......................................................................... 89

8. SETTLEMENT OF DISPUTES ............................................................................ 89

9. JURISDICTION .................................................................................................... 90


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1. GENERAL PROVISIONS

1.1. Definitions

Unless the context otherwise requires, the following terms whenever used in this Contract

have the following meanings:

a) “Applicable Law” means the laws and any other instruments having the force of law in

India, as they may be issued and in force from time to time.

b) “Base Date” means the date 28 days prior to the latest date for submission of the

Proposal.

c) “Client” means Madhya Pradesh Jal Nigam.

d) “Consultant” means the firm or a JV, named as Consultant in the SCC.

e) “Contract” means the legally binding written agreement signed between the Client and

the Consultant and includes all the attached documents listed in paragraph 1 of the Form

of Contract (the General Conditions (GCC), the Special Conditions (SCC), and the

Appendices).

f) “Contract Price” means the amount stated in Clause SCC 6.1(a).

g) “Currency” means Indian National Rupee.

h) “day” means calendar day unless indicated otherwise.

i) “Effective Date” means the date on which this Contract comes into force and effect

pursuant to Clause GCC 2.1.

j) “Experts” means, collectively, Key Experts, Non-Key Experts, or any other

professional personnel of the Consultant assigned by the Consultant to perform the

Services or any part thereof under the Contract.

k) “GCC” means these General Conditions of Contract.

l) “Government” means the Government of Madhya Pradesh or Government of India, as

the case may be.

m) “Joint Venture” or “JV” means any combination of two or more firms in the form of a

joint venture, consortium, association or other unincorporated grouping. A Joint

Venture may or may not have the legal personality distinct from its members.

n) “Key Expert(s)” means an individual professional assigned by the Consultant to

perform the Services or any part thereof under the Contract, whose skills, qualifications,

knowledge and experience are critical to the performance of the Services under the

Contract.

o) “Non-Key Expert(s)” means an individual professional assigned by the Consultant to

perform the Services or any part thereof under the Contract.

p) “Party” means the Client or the Consultant, as the case may be, and “Parties” means

both of them.

q) “SCC” means the Special Conditions of Contract by which the GCC may be amended

or supplemented.

r) “Services” means the work to be performed by the Consultant pursuant to this Contract,

as described in Appendix A.

s) “Third Party” means any person or entity other than the Client or the Consultant.


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1.2. Relationship between the Parties

Nothing contained herein shall be construed as establishing a relationship of master and servant

or of principal and agent as between the Client and the Consultant. The Consultant, subject to

this Contract, has complete charge of Experts, if any, performing the Services and shall be fully

responsible for the Services performed by them or on their behalf hereunder.

1.3. Law Governing Contract

This Contract, its meaning and interpretation, and the relation between the Parties shall be

governed by the Applicable Law.

1.4. Language

This Contract shall be executed in the language specified in the SCC, which shall be the binding

and controlling language for all matters relating to the meaning or interpretation of this

Contract.

1.5. Headings

The headings shall not limit, alter or affect the meaning of this Contract.

1.6. Communications

1.6.1. Any communication required or permitted to be given or made pursuant to this Contract

shall be in writing in the language specified in the SCC. Any such communication shall

be deemed to have been given or made when delivered in person to an authorized

representative of the Party to whom the communication is addressed, or when sent to

such Party at the address specified in the SCC.

1.6.2. A Party may change its address for notice hereunder by giving the other Party any

communication of such change to the address specified in the SCC.

1.7. Location

The Services shall be performed at such locations as are specified in Appendix A and, where

the location of a particular task is not so specified, at such locations, as the Client may approve.

1.8. Authority of Lead Member

If the Consultant is a JV:

a) the members of the JV are jointly and severally liable to the Client for the performance of

the Contract.

b) the members shall hereby authorize the lead member specified in the SCC to act on their

behalf in exercising all the Consultant’s rights and obligations towards the Client under this

Contract, including, but not limited to, the receiving of instructions and payments from the

Client.

1.9. Authorized Representatives

Any action required or permitted to be taken, and any document required or permitted to be

executed under this Contract by the Client or the Consultant may be taken or executed by the

representatives specified in the SCC.


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1.10. Corrupt and Fraudulent Practices

If the Client determines, based on reasonable evidence, that the Consultant has engaged in

corrupt or fraudulent practices, in competing for or in executing the Contract, then the Client

may, after giving 14 days’ notice to the Consultant, terminate the Contract and the provisions

of Clause GCC 2.9 shall apply as if such termination had been made under Clause GCC 2.9.1

Should any Expert of the Consultant be determined, based on reasonable evidence, to have

engaged in corrupt or fraudulent practice during the execution of the work then that Expert

shall be immediately removed and replaced by a suitable Expert in accordance with Clauses

GCC 4.4 and 4.5.

The Consultant is required to comply with Client's policy in regard to corrupt and fraudulent

practices as declared in Appendix E.

2. COMMENCEMENT, COMPLETION, MODIFICATION AND

TERMINATION OF CONTRACT

2.1. Effectiveness of Contract

With respect to the effectiveness of the Contract, the following shall apply:

a) This Contract shall come into force and effect on the date (the “Effective Date”) when

this Contract has been signed by the Parties.

2.2. Termination of Contract for Failure to become effective

If this Contract has not become effective within four (4) months after the date of the Contract

signed by the Parties, the Consultant or the Client may, by not less than twenty-one (21) days

written notice to the other Party, declare this Contract to be null and void, and in the event of

such a declaration by either Party, neither Party shall have any claim against the other Party

with respect hereto.

2.3. Commencement of Services

With respect to the commencement of the Services, the following shall apply:

a) Subject to Clause GCC 6.5(a), the Consultant shall commence carrying out the Services

not later than fourteen (14) days from the Effective Date, or as instructed by Client.

b) The Consultant shall confirm in writing the date of commencement of the Services

before starting to deliver the Services.

c) In the absence of such confirmation, the Consultant is deemed to have commenced the

services on the last day of the above period of fourteen (14) days.

2.4. Expiration of Contract

2.4.1. Unless terminated earlier pursuant to Clause GCC 2.9, this Contract shall expire at the

end of such time period, as specified in the SCC, after the commencement of the Services

specified in Clause GCC 2.3.

2.4.2. The Contract can be extended by further period, as specified in the SCC, based on

performance of Consultant and mutual consent. The decision of Managing Director,

Madhya Pradesh Jal Nigam regarding any extensions shall be final.


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2.5. Entire Agreement

This Contract contains all covenants, stipulations and provisions agreed by the Parties. No

agent or representative of either Party has authority to make, and the Parties shall not be bound

by or be liable for, any statement, representation, promise or agreement not set forth herein.

2.6. Modifications

2.6.1. Modifications or Variations

a) Any modification or variation of the terms and conditions of this Contract, including

any modification or variation of the scope of the Services, may only be made by written

agreement between the Parties. However, each Party shall give due consideration to any

proposals for modification or variation made by the other Party.

2.6.2. Extension

If the Consultant has been delayed or impeded in the performance of any of its obligations

under this Contract by any of the reasons specified in paragraphs (a) through (f) of this Clause

GCC 2.6.2, the contract term as set forth in Clause GCC 2.4 shall be extended by such period

as shall be fair and reasonable in all the circumstances and as shall fairly reflect the delay or

impediment sustained by the Consultant, and an appropriate adjustment in the Contract Price

shall be made accordingly.

a) Any modifications or variations pursuant to Clause GCC 2.6.1;

b) Any occurrence of Force Majeure pursuant to Clause GCC 2.7;

c) Any suspension by the Client pursuant to Clause GCC 2.8.1(c);

d) Any unreasonable delay by the Client in giving his decision, approval or consent (where

required) to the documents (e.g. reports, plans, etc.) prepared and submitted by the

Consultant;

e) Any act or omission of or any default or breach of this Contract by the Client or any act or

omission of any other consultants and/or contractors employed by the Client; or

f) Any other matter mentioned in this Contract as giving rise to an entitlement to an extension

of the contract term.

2.6.3. Consultant’s Claims

a) Except where otherwise provided elsewhere in this Contract, the Consultant shall submit

to the Client a notice of a claim for an extension of the contract term and/or adjustment in

the Contract Price, together with particulars of the event or circumstance justifying such

extension and adjustment, as soon as reasonably practicable after the occurrence of such

event or circumstance. As soon as reasonably practicable after the receipt of such notice

and supporting particulars of the claim, the Client and the Consultant shall agree upon the

extended period and/or the adjusted Contract Price.

b) The Consultant shall at all times use all commercially reasonable endeavours to minimize

any delay in the performance of its obligations under this Contract.

c) Disagreement between the Parties as to any modification or variation, and extension shall

be settled according to Clause GCC 8.


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2.7. Force Majeure

2.7.1. Definition

a) For the purposes of this Contract, “Force Majeure” means an event which is beyond the

reasonable control of a Party, is not foreseeable, is unavoidable, and which makes a

Party’s performance of its obligations hereunder impossible or so impractical as

reasonably to be considered impossible in the circumstances, and subject to those

requirements, includes, but is not limited to, war, riots, terrorism, civil disorder,

earthquake, fire, explosion, storm, flood or other adverse weather conditions, strikes,

lockouts or other industrial action, confiscation or any other action by Government

agencies.

b) Force Majeure shall not include (i) any event which is caused by the negligence or

intentional action of a Party or such Party’s Experts or agents or employees, nor (ii) any

event which a diligent Party could reasonably have been expected both to take into

account at the time of the conclusion of this Contract, and avoid or overcome in the

carrying out of its obligations hereunder.

c) Force Majeure shall not include insufficiency of funds or failure to make any payment

required hereunder.

2.7.2. No Breach of Contract

The failure of a Party to fulfil any of its obligations hereunder shall not be considered to be a

breach of, or default under, this Contract insofar as such inability arises from an event of Force

Majeure, provided that the Party affected by such an event has taken all reasonable precautions,

due care and reasonable alternative measures, all with the objective of carrying out the terms

and conditions of this Contract.

2.7.3. Measures to be Taken

a) A Party affected by an event of Force Majeure shall continue to perform its obligations

under the Contract as far as is reasonably practical and shall take all reasonable measures

to minimize the consequences of any event of Force Majeure.

b) A Party affected by an event of Force Majeure shall notify the other Party of such event as

soon as possible, and in any case not later than fourteen (14) days following the occurrence

of such event, providing evidence of the nature and cause of such event, and shall similarly

give written notice of the restoration of normal conditions as soon as possible.

c) Any period within which a Party shall, pursuant to this Contract, complete any action or

task, shall be extended for a period equal to the time during which such Party was unable

to perform such action as a result of Force Majeure.

d) During the period of their inability to perform the Services as a result of an event of Force

Majeure, the Consultant, upon instructions by the Client, shall either:

(i) demobilize, in which case the Consultant shall be reimbursed for additional costs they

reasonably and necessarily incurred, and, if required by the Client, in reactivating the

Services; or


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(ii) continue the Services to the extent reasonably possible, in which case the Consultant

shall continue to be paid under the terms of this Contract and be reimbursed for

additional costs reasonably and necessarily incurred.

e) In the case of disagreement between the Parties as to the existence or extent of Force

Majeure, the matter shall be settled according to Clause GCC 8.

2.8. Suspension

2.8.1. Suspension by Client

a) The Client may, by written notice of suspension to the Consultant, suspend, in whole

or part, the Services and such suspension continues until the Client gives a written

permission or instruction to proceed.

b) The Client may suspend, in whole or part, the Services if an event shall have happened

and be continuing, in which the Consultant fails to perform any of its obligations under

this Contract, including the carrying out of the Services, provided that such notice of

suspension shall:

(i) specify the nature of the failure, and

(ii) request the Consultant to remedy such failure within a period not exceeding twenty-

eight (28) days after receipt by the Consultant of such notice of suspension.

c) If the Project or the Services are suspended by the Client for any reason other than those

provided in Clause GCC 2.8.1(b) more than twenty-eight (28) days, over the term of

this Contract, the Consultant shall be paid for all services performed prior to the receipt

of a notice of suspension.

d) During any suspension of the Services under Clause GCC 2.8.1 (c), the Consultant shall

be compensated for any costs of maintaining fixed assets, the costs of leases or other

items acquired for the Project, as well as all expenses reasonably incurred by, including

but not limited to, temporary demobilization, reassignment of the Experts. In addition,

upon resumption of the Services, the Client shall compensate the Consultant for

expenses incurred as a result of the resumption of its services, and the Consultant's

schedules (Expert and other relevant schedules) shall be appropriately adjusted.

2.9. Termination

This Contract may be terminated by either Party as per provisions set up below:

2.9.1. Termination by Client

The Client may terminate this Contract in case of the occurrence of any of the events specified

in paragraphs (a) through (f) of this Clause GCC 2.9.1. In such an occurrence the Client shall

give at least twenty-eight (28) days’ written notice of termination to the Consultant in case of

the events referred to in (a) through (e); and at least fifty-six (56) days’ written notice in case

of the event referred to in (f):

a) If the Consultant fails to remedy a failure in the performance of its obligations hereunder,

as specified in a notice of suspension pursuant to Clause GCC 2.8.1(b);


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b) If the Consultant becomes (or, if the Consultant consists of more than one entity, if any of

its members becomes) insolvent or bankrupt or enter into any agreements with their

creditors for relief of debt or take advantage of any law for the benefit of debtors or go into

liquidation or receivership whether compulsory or voluntary;

c) If the Consultant fails to comply with any final decision reached as a result of arbitration

proceedings pursuant to Clause GCC 8;

d) If, as the result of Force Majeure, either Party is unable to fulfil its contractual obligations

for a period of not less than fifty-six (56) days;

e) If the Consultant fails to confirm availability of Key Experts as required in Clause GCC

2.3 (b); and

f) If the Client, in its sole discretion and for any reason whatsoever, decides to terminate this

Contract.

2.9.2. Termination by Consultant

The Consultant may terminate this Contract, by not less than twenty- eight (28) days’ written

notice to the Client, such notice to be given if any of the events specified in paragraphs (a)

through (f) of this Clause GCC 2.9.2 occurs:

a) If the Client fails to pay any money due to the Consultant pursuant to this Contract and

not subject to dispute pursuant to Clause GCC 8 within forty-two (42) days after

receiving written notice from the Consultant that such payment is overdue;

b) If, as the result of Force Majeure, either Party is unable to fulfil its contractual

obligations for a period of not less than fifty-six (56) days;

c) If the Client fails to comply with any final decision reached as a result of arbitration

pursuant to Clause GCC 8;

d) If the Client is in material breach of its obligations pursuant to this Contract and has not

remedied the same within forty-two (42) days (or such longer period as the Consultant

may have subsequently approved in writing) following the receipt by the Client of the

Consultant’s notice specifying such breach;

e) If the Services are suspended pursuant to Clause GCC 2.8.1(c) for more than eighty-

four (84) days; and

f) If the Client becomes bankrupt or insolvent, goes into liquidation, has a receiving or

administration order made against him, compounds with his creditors, or carries on

business under a receiver trustee or manager for the benefit of his creditors, or if any

act is done or event occurs which (under applicable Laws) has a similar effect to any of

these acts or events.

2.9.3. Cessation of Rights and Obligations

Upon termination of this Contract pursuant to Clauses GCC 2.2 or GCC 2.9, or upon expiration

of this Contract pursuant to Clause GCC 2.4, all rights and obligations of the Parties hereunder

shall cease, except (i) such rights and obligations as may have accrued on the date of

termination or expiration, (ii) the obligation of confidentiality set forth in Clause GCC 3.4, (iii)

the Consultant’s obligation to permit inspection, copying and auditing of their accounts and


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records set forth in Clause GCC 3.7, and (iv) any right which a Party may have under the

Applicable Law.

2.9.4. Cessation of Services

Upon termination of this Contract by notice of either Party to the other pursuant to Clauses

GCC 2.9.1or GCC 2.9.2, the Consultant shall, immediately upon dispatch or receipt of such

notice, take all necessary steps to bring the Services to a close in a prompt and orderly manner

and shall make every reasonable effort to keep expenses for this purpose to a minimum. With

respect to equipment, vehicles and materials provided by the Client, the Consultant shall

proceed as provided by Clause GCC 3.10.

2.9.5. Payment upon Termination

Upon termination of this Contract pursuant to Clauses GCC 2.9.1 or GCC 2.9.2, the Client

shall make the following payments to the Consultant:

a) payments pursuant to Clause GCC 6.2 for Services satisfactorily performed prior to the

effective date of termination; and

b) in the case of termination pursuant to paragraphs (d) and (f) of Clause GCC 2.9.1 and

to GCC 2.9.2, reimbursement of any reasonable cost incidental to the prompt and

orderly termination of this Contract including demobilization, associated overhead cost,

the cost of the return travel of the Experts and their eligible dependents, and all other

expenses, damages and losses resulting from the termination.

2.9.6. Disputes about Events of Termination

If either Party disputes whether an event specified in paragraphs (a) through (e) of Clause GCC

2.9.1 or in Clause GCC 2.9.2 has occurred, such Party may, within forty-two (42) days after

receipt of notice of termination from the other Party, refer the matter for dispute settlement in

accordance with the procedures stated in Clause GCC 8, and this Contract shall not be

terminated on account of such event unless otherwise settled in accordance with GCC 8.

3. OBLIGATIONS OFTHE CONSULTANT

3.1. General

3.1.1. Standard of Performance

a) The Consultant shall perform the Services and carry out the Services with all due

diligence, efficiency and economy, in accordance with generally accepted professional

standards and practices, and shall observe sound management practices, and employ

appropriate technology and safe and effective equipment, machinery, materials and

methods. The Consultant shall always act, in respect of any matter relating to this

Contract or to the Services, as faithful adviser to the Client, and shall at all times support

and safeguard the Client’s legitimate interests in any dealings with the third parties.

b) The Consultant shall employ and provide such qualified and experienced Experts as are

required to carry out the Services.

c) The Consultant shall retain full responsibility for the Services.


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3.1.2. Law Applicable to Services

The Consultant shall perform the Services in accordance with the Contract and the Applicable

Law and shall take all practicable steps to ensure that all of its Experts comply with the

Applicable Law.

3.2. Conflict of Interest

The Consultant shall hold the Client’s interests paramount, without any consideration for future

work, and strictly avoid conflict with other assignments or their own corporate interests.

3.2.1. Consultant Not to Benefit from Commissions, Discounts, etc.

a) The payment to the Consultant pursuant to Clause GCC 6 shall constitute the

Consultant’s only payment in connection with this Contract and, subject to Clause GCC

3.2.2, the Consultant shall not accept for its own benefit any trade commission, discount

or similar payment in connection with activities pursuant to this Contract or in the

discharge of its obligations hereunder, and the Consultant shall use its best efforts to

ensure that the Experts and agents of either of them, similarly shall not receive any such

additional payment.

b) Furthermore, if the Consultant, as part of the Services, has the responsibility of advising

the Client on the procurement of goods, works or services, the Consultant shall at all

times exercise such responsibility in the best interest of the Client.

3.2.2. Consultant, and Affiliates Not to Engage in Certain Activities

The Consultant agrees that, during the term of this Contract and after its termination, the

Consultant and any entity affiliated with the Consultant shall be disqualified from

providing goods, works or services or non-consulting services resulting from or directly

related to the Services for the preparation or implementation of the Project.

3.2.3. Prohibition of Conflicting Activities

The Consultant shall not engage and shall cause its Experts not to engage, either directly

or indirectly, in any business or professional activities that would conflict with the

activities assigned to them under this Contract.

3.2.4. Strict Duty to Disclose Conflicting Activities

The Consultant has an obligation and shall ensure that its Experts shall have an obligation

to disclose any situation of actual or potential conflict that impacts their capacity to serve

the best interest of their Client, or that may reasonably be perceived as having this effect.

Failure to disclose said situations may lead to the termination of the Contract.

3.3. Confidentiality

Except with the prior written consent of the Client, the Consultant and the Experts shall not at

any time communicate to any person or entity any confidential information acquired in the

course of the Services, nor shall the Consultant and the Experts make public the

recommendations formulated in the course of, or as a result of, the Services.


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3.4. Liability of the Consultant

a) The Consultant shall be responsible for and shall indemnify the Client in respect of loss

of or damage to equipment and materials furnished by the Client or purchased by the

Consultant in whole or in part with funds provided by the Client.

b) The Consultant undertakes full responsibility in respect of life, health, and accidents for

the Experts and for the dependents of any such Expert.

c) The Consultant shall indemnify the Client from and against any and all claims,

liabilities, obligations, losses, damages, penalties, actions, judgment, suits,

proceedings, demands, costs, expenses and disbursements of whatsoever nature that

may be imposed on, incurred by or asserted against the Client during or in connection

with the Services by reason of: (i) infringement or alleged infringement by the

Consultant of any patent or other protected right; or (ii) plagiarism or alleged plagiarism

by the Consultant.

d) The Consultant shall ensure that all goods and services (including without limitation all

computer hardware, software and systems) procured by the Consultant or used by the

Consultant in the carrying out of the Services do not violate or infringe any industrial

property or intellectual property right or claim of any Third Party.

e) The Consultant shall indemnify, protect and defend at their own expense the Client, and

its agents and employees from and against any and all actions, claims, losses or

damages arising out of Consultant’s failure to exercise the skill and care required under

Clause GCC 3.1.1 provided, however:

(i) that the Consultant is notified of such actions, claims, losses or damages not later

than twelve (12) months after the expiration of the Contract pursuant to the Clause

GCC 2.4 or termination of the Contract pursuant to the Clause GCC 2.9;

(ii) that the ceiling on Consultant’s liability shall be limited to the amount indicated in

the SCC, except that such ceiling shall not apply to actions, claims, losses or

damages caused by Consultant’s gross negligence or reckless conduct;

(iii)that Consultant’s liability under Clause GCC 3.1.1 shall be limited to actions,

claims, losses or damages directly caused by such failure to exercise the said skill

and care, and shall not include liability for any actions, claims, losses or damages

arising out of occurrences incidental or indirectly consequential to such failure.

f) Upon request of the Client, the Consultant shall, at its own cost and expense, re-perform

the Services in the event of Consultant’s failure to exercise the skill and care required

under Clause GCC 3.1.1.

g) Notwithstanding the provisions of paragraph (a) of this Clause GCC 3.4, the Consultant

shall have no liability whatsoever for actions, claims, losses or damages occasioned by:

(i) the Client’s overriding a decision or recommendation of the Consultant or requiring

the Consultant to implement a decision or recommendation with which the

Consultant does not agree; or

(ii) the improper execution of the Consultant’s instructions by agents, employees or

independent contractors of the Client.


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3.5. Insurance to be Taken Out by the Consultant

The Consultant (i) shall take out and maintain at its own cost, insurance against the risks, and

for the coverage specified in the SCC, and (ii) at the Client’s request, shall provide evidence to

the Client showing that such insurance has been taken out and maintained and that the current

premiums therefore have been paid. The Consultant shall ensure that such insurance is in place

prior to commencing the Services as stated in Clause GCC 2.3.

3.6. Accounting, Inspection and Auditing

The Consultant (i) shall keep accurate and systematic accounts and records in respect of the

Services hereunder, in accordance with internationally accepted accounting principles and in

such form and detail as will clearly identify all relevant time changes and costs, and the bases

thereof, and (ii) shall periodically permit the Client or its designated representative, and up to

five years from the expiration or termination of this Contract, to inspect the same and make

copies thereof as well as to have them audited by auditors appointed by the Client, if so required

by the Client as the case may be.

3.7. Reporting

3.7.1. Reporting Obligations

The Consultant shall submit to the Client the reports and documents specified in Appendix A,

in the form, in the numbers and within the time periods set forth in the said Appendix.

3.7.2. Serious Hindrances

The Consultant shall report to the Client promptly the occurrence of any event or condition

which might delay or prevent completion of any significant part of the Project in accordance

with the schedules and to indicate what steps shall be taken to meet the situation.

3.7.3. Accident Reports

Should any accident in relation to construction safety occur during the implementation of the

Project, the Consultant shall assist the Client in preparing and submitting a report on such an

accident in a form reasonably requested by the Client.

3.8. Property of the Reports and Records

The Client retains the design rights and other intellectual property rights and copyrights of all

documents prepared by the Consultant under this Contract.

3.9. Equipment, Vehicles and Materials Furnished by the Client

Any equipment, vehicles and materials made available to the Consultant by the Client or

purchased by the Consultant wholly or partly with funds provided by the Client, shall be the

property of the Client and shall be marked accordingly. Upon termination or expiration of this

Contract, the Consultant shall make available to the Client an inventory of such equipment,

vehicles and materials and shall dispose of such equipment, vehicles and materials in

accordance with the Client’s instructions. While in possession of such equipment, vehicles and

materials, the Consultant, unless otherwise instructed by the Client in writing, shall insure them

at the expense of the Client in an amount equal to their full replacement value.


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3.10. Equipment and Materials Provided by the Consultant

Any equipment or materials brought into the Client’s country by the Consultant or its Experts

and used either for the Project or personal use shall remain the property of the Consultant or

the Experts concerned, as applicable.

4. CONSULTANT’S EXPERTS

4.1. Description of Experts

a) The title, agreed job description and qualification of each of the Consultant’s Experts are

described in Consultant’s Proposal. Subject to Clause GC 4.4, all experts included in

Consultant’s Proposal shall be deemed to be accepted by the Client when awarding the

Contract to the Consultant.

b) Consultant shall ensure the all the personnel deployed by it including Key Experts meet the

qualification and eligibility requirements specified in Appendix B.

4.2. Replacement of Key Experts

a) Except as the Client may otherwise agree in writing, no changes shall be made in the Key

Experts.

b) Notwithstanding the above, the substitution of Key Experts during Contract execution may

be considered only based on the Consultant’s written request and due to circumstances

outside the reasonable control of the Consultant, including but not limited to death or

medical incapacity. In such case, the Consultant shall forthwith provide as a replacement,

a person of equivalent or better qualifications and experience and such replacement shall

be subject to the Client’s approval and the procedure set forth in GCC Clause 4.3(a) shall

apply for such approval process.

4.3. Approval of Additional Expert

a) If during execution of the Contract, additional Experts are required to carry out the

Services, the Consultant shall submit to the Client for review and approval a copy of the

Curriculum Vitae (CVs) of the proposed Expert. Such additional Experts shall be deployed

after approval by the Client.

4.4. Removal of Experts

a) If the Client finds that any of the Experts has committed serious misconduct or has been

charged with having committed a criminal action, the Consultant shall, at the Client’s

written request specifying the grounds, provide a suitable replacement.

b) In the event that any of the Experts is found by the Client to be incompetent or incapable

in discharging assigned duties, the Consultant shall, at the Client’s written request

specifying the grounds, provide a suitable replacement.

c) Any replacement of the removed Experts shall possess equivalent or better qualifications

and experience and shall be acceptable to the Client.


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4.5. Replacement/ Removal of Experts

Except as the Client may otherwise agree:

a) the Consultant shall bear all additional travel and other costs arising out of or incidental to

any removal and/or replacement.

4.6. Working Hours & Leaves

4.6.1. Working Hours

Working hours and holidays for Consultants’ team are stated in the SCC.

4.6.2. Leaves

a) The Experts / Consultant personnel shall be entitled to take paid leaves (whether sick or

vacation), if so specifically provided in the Contract.

b) Any taking of leave by Key Experts / Consultant personnel shall be subject to the prior

approval by the Consultant who shall ensure that absence for leave purposes will not delay

the progress and/or impact adequate supervision of the Services.

4.7. Deployment of Staff at Client Head Office

The Consultant shall deploy staff with qualification and experience as specified in Appendix

A & Appendix B to the Client office as instructed by the Client.

4.8. Outstation Travel

Key Experts in Consultant team shall undertake outstation (outside project area) travel as

required with prior approval of client.

5. OBLIGATIONS OF THE CLIENT

5.1. Access to Project Site

The Client warrants that the Consultant shall have, free of charge, unimpeded access to the

project site(s) in respect of which access is required for the performance of the Services. The

Client will be responsible for any damage to the project site(s) or any property thereon resulting

from such access and will indemnify the Consultant and each of the Experts in respect of

liability for any such damage, unless such damage is caused by the wilful default or negligence

of the Consultant or any of its Experts.

5.2. Change in the Applicable Law

If, after the Base Date, there is any change in the Applicable Law, including the law with

respect to taxes and duties, which increases or decreases the cost incurred by the Consultant in

performing the Services, then the payments to the Consultant under this Contract shall be

increased or decreased accordingly by agreement between the Parties hereto, and

corresponding adjustments shall be made to the Contract Price specified in Clause GCC 6.1(a).

If the Consultant has been delayed or impeded in the performance of any of its obligations

under the Contract because of any change in the Applicable Law, the contract term shall be

extended in accordance with the Clause GCC 2.6.2.


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5.3. Services, Facilities and Property of the Client

a) The Client shall make available to the Consultant and the Experts, for the purposes of the

Services and free of any charge, the services, facilities and property described in Appendix

A at the times and in the manner specified in said Appendix A.

b) In case that such services, facilities and property shall not be made available to the

Consultant as and when specified in Appendix A, the Parties shall agree on (i) any time

extension that it may be appropriate to grant to the Consultant for the performance of the

Services, (ii) the manner in which the Consultant shall procure any such services, facilities

and property from other sources, and (iii) the additional payments, if any, to be made by

the Client to the Consultant as a result thereof pursuant to Clause GCC 6.1(b).

5.4. Office Space Provided by Client

a) The Client may make available to the Consultant office space for the purposes of the

Services.

b) In case the Client provides office space, the entire Consultant team including all the Key

Experts shall be stationed at such office space.

c) In case the Client provides office space, the payment for the component of Office Rent as

quoted in the Financial Proposal of the Consultant will not be made by the Client.

d) If office space is not provided by the Client, the component of Office Rent as quoted in the

Financial Proposal of the Consultant will be made by the Client in such manner as is

provided by Clause GCC 6 below.

5.5. Payment Obligation

a) In consideration of the Services performed by the Consultant under this Contract, the Client

shall make such payments to the Consultant and in such manner as is provided by Clause

GCC 6 below.

6. PAYMENTS TO THE CONSULTANT

6.1. Contract Price

a) The Contract Price shall be as set forth in the SCC.

b) The amounts payable to the Consultant shall be subject to adjustments in accordance with

the Contract and any further adjustment can be made only by an amendment to the Contract

agreed and signed by both Parties.

6.2. Payments

a) All payments shall be based on the approved Financial Proposal of the Consultant.

b) The payment will be made on a monthly basis on submission of invoice in the formats to

be provided by Client, subject to adjustments and escalation as set forth in SCC.

c) The payments shall be deemed to cover all the costs that may be incurred by the Consultant

in providing the Services to the Client, including but not limited to the following:

(i) such salaries and allowances as the Consultant shall have agreed to pay to the Experts

as well as factors for social charges and overheads,

(ii) the cost of backstopping by home office staff not included in the Experts’ list; and


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(iii) the Consultant’s fee.

d) Consultant shall deploy staff with the prescribed qualification & experience and pay them

minimum remuneration (including all allowances) as specified in SCC. Consultant shall

submit proof of payment (bank statement) periodically as specified in SCC. In case the

Consultant does not pay the minimum remuneration as specified in SCC, the Client may

impose penalty as specified in SCC.

6.3. Duties, Taxes and Levies

a) The Consultant and Experts are responsible for meeting all liabilities with respect of duties,

taxes and levies arising out of the Contract except GST (if applicable) which will be paid

separately on prevailing rates.

6.4. Currency of Payment

Any payment under this Contract shall be made in Indian National Rupee.

6.5. Terms and Conditions of Payment

Billings and payments in respect of the Services shall be made as follows:

a) As soon as practicable and not later than fourteen (14) days after the end of each calendar

month during the period of the Services, the Consultant shall submit to the Client, in

duplicate, itemized invoices, accompanied by the receipts or other appropriate supporting

documents, of the amounts payable pursuant to Clauses GCC 6.4 and GCC 6.5 for such

interval.

b) The Client shall pay the Consultant’s invoices within fifty-six (56) days after the receipt by

the Client of such itemized invoices with supporting documents. Only such portion of an

invoice that is not satisfactorily supported may be withheld from payment. Should any

discrepancy be found to exist between actual payment and costs authorized to be incurred

by the Consultant, the Client may add or subtract the difference from any subsequent

payments.

c) The Client shall pay the Consultant’s final invoices within fifty-six (56) days after the

approval by the Client to the final report and the final invoice submitted by the Consultant.

The Services shall be deemed completed and finally accepted by the Client and the final

report and final invoice shall be deemed approved by the Client as satisfactory eighty-four

(84) days after receipt of the final report and final invoice by the Client unless the Client,

within such eighty-four (84) day period, gives written notice to the Consultant specifying

in detail deficiencies in the Services, the final report or final invoice. The Consultant shall

thereupon promptly make any necessary corrections, and thereafter the foregoing process

shall be repeated. Any amount that the Client has paid or caused to be paid in accordance

with this Clause GCC 6.5(d) in excess of the amounts actually payable in accordance with

the provisions of this Contract shall be reimbursed by the Consultant to the Client within

twenty-eight (28) days after receipt by the Consultant of notice thereof. Any such claim by

the Client for reimbursement must be made within twelve (12) calendar months after the

approval by the Client to the final report and the final invoice in accordance with the above.


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d) All payments under this Contract shall be made to the accounts of the Consultant specified

in the SCC.

e) With the exception of the final payment under (c) above, payments do not constitute

acceptance of the Services nor relieve the Consultant of any obligations hereunder.

6.6. Performance Security and Liquidated Damages

a) For the purposes of this Contract, Consultant shall submit performance security (the

“Performance Security”) as specified in SCC for the entire duration of Contract plus three

months. The Performance Security may be submitted in the form of Fixed Deposit Receipt

(FDR) or Bank Guarantee from scheduled bank (excluding co-operative banks) having

operational branch in Bhopal in favour of “Managing Director, Madhya Pradesh Jal

Nigam”. In case of Bank Guarantee, the Consultant shall furnish the Bank Guarantee

substantially in the form specified at Appendix D of this Contract with a validity period of

contract duration plus three months.

b) The Consultant shall perform the Services in accordance with the timelines specified in the

Appendix A – Description of Services. In case of any delay in Services, liquidated damages

as specified in SCC will be applicable.

c) The Client shall have the right to invoke and appropriate the proceeds of the Performance

Security in whole or in part, without notice to the Consultant in the event of breach of this

Contract or for recovery of any penalty as may be applicable in terms of this Contract. For

the avoidance of doubt, the parties hereto expressly agree that in the event of any default

requiring the appropriation of any amounts comprising the Performance Security, the Client

may make deductions from any subsequent payments due and payable to the Consultant

hereunder, as if it is appropriating the Performance Security in accordance with the

provisions of this Contract.

d) In the case of significant deficiencies in Services causing adverse effect on the project or

on the reputation of the Client, other penal action including debarring for a specified period

may also be initiated as per policy of the Client.

e) The Performance Security shall be returned to the Consultant at the end of 3 (three) month

after expiration of Contract in accordance with Clause 2.4.

7. FAIRNESS AND GOOD FAITH

7.1. Good Faith

The Parties undertake to act in good faith with respect to each other’s rights under this Contract

and to adopt all reasonable measures to ensure the realization of the objectives of this Contract.

8. SETTLEMENT OF DISPUTES

8.1. Amicable Settlement

The Parties shall seek to resolve any dispute amicably by mutual consultation. If either Party

objects to any action or inaction of the other Party, the objecting Party may file a written Notice

of Dispute to the other Party providing in detail the basis of the dispute. The Party receiving

the Notice of Dispute will consider it and respond in writing within fourteen (14) days after


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receipt. If that Party fails to respond within fourteen (14) days, or the dispute cannot be

amicably settled within fourteen (14) days following the response of that Party, Clause GCC

8.2 shall apply.

8.2. Dispute Resolution

Any dispute between the Parties as to matters arising pursuant to this Contract that cannot be

settled amicably according to Clause GCC 8.1 shall be submitted by either Party for settlement

proceedings in accordance with the following provisions:

a) No dispute can be raised on any forum except before the Competent Authority i.e. Project

Director, MPJN in writing giving full description of facts and grounds pertaining to the

dispute. It is clarified that merely recording protest while accepting measurement and/or

payment shall not be taken as raising a dispute.

b) No dispute can be raised after 45 days of its first occurrence. Any dispute raised after expiry

of 45 days of its first occurrence shall not be entertained and the Employer shall not be

liable for claims arising out of such dispute. It is also made clear that there shall be no

provision for condonation of delay if the dispute is raised after 45 days.

c) After receiving the dispute, it shall be put up within the MPJN Technical committee for

discussion & recommendations to the Competent Authority i.e. Project Director, who shall

decide the matter within 45 days.

d) Appeal against the order of the Competent Authority i.e. Project Director can be preferred

within 30 days to the Appellate Authority i.e. Managing Director of MPJN. The Appellate

Authority i.e. Managing Director (MD) of MPJN shall decide the dispute within 45 days.

e) Appeal against the order of the Appellate Authority can be referred before the Madhya

Pradesh Arbitration Tribunal constituted under Madhya Pradesh Madhyastham Adhikaran

Adhiniyam, 1983.

f) The Consultant shall have to continue Services with due diligence notwithstanding

pendency of a dispute before any authority or forum.

9. JURISDICTION

The Contract has been entered into at Bhopal and its validity, construction, interpretation &

legal effects shall be subject to the exclusive jurisdiction of the courts of Madhya Pradesh. No

other jurisdiction shall be applicable.


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Section VIII. Special Conditions of Contract (SCC)

GCC Clause No. Amendments of, and Supplements to, GCC Clause

1.1(c) & 1.6 Client’s name and address:

Attention: Manging Director

Mailing Address: MADHYA PRADESH JAL NIGAM

(A Govt. of Madhya Pradesh Undertaking)


Email: [email protected]

1.1(d) & 1.6 Consultant’s name and address: [insert Consultant’s name, address and

telephone number]

1.4 The Contract shall be executed in English.

1.6.1 The language for communication shall be English and Hindi.

1.8 The Lead Member is [insert name of member]

[If the Consultant consists of a JV, then the name of the firm whose address is

specified in Clause SCC 1.6 shall be inserted here. If the Consultant consists

only of a single firm, then delete the above and state “This Clause SCC 1.8 is

not applicable.”]

1.8 The Authorized Representatives are:

For the Client : Managing Director

For the Consultant :

2.4.1 The time period for the respective staff and office shall be as specified in

Annexure 2 of Appendix A.

2.4.2 The time period may be extended on the discretion of MPJN further for 12

months. If required, MPJN may extend the duration of the assignment further

on mutual agreement subject to satisfactory performance.

3.4 (e) (ii) The ceiling on Consultant’s liability shall be limited to the product of 1.0

multiplied by the Contract Price.

3.5

The risks and the coverage shall be as follows:

I. Third Party motor vehicle liability insurance in respect of motor vehicles

operated by the Consultant or its Experts, with a minimum coverage in

accordance with the applicable law in India;

II. professional liability insurance (PLI), with a minimum coverage of 1.0

multiplied by the Contract Price;

PLI shall be taken out by a local insurer in accordance with the laws and

regulations of India.


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III. employer’s liability and workers’ compensation insurance in respect of

the Experts of the Consultant, in accordance with the relevant provisions

of the Applicable Law, as well as, with respect to such Experts, any such

life, health, accident, travel or other insurance as may be appropriate; and

IV. insurance against loss of or damage to

(i) equipment purchased in whole or in part with funds provided under

this Contract,

(ii) the Consultant’s property used in the performance of the Services,

and

(iii) any documents prepared by the Consultant in the performance of the

Services.

4.6.1 1. Working Time 9 am to 6 pm

2. Holidays In a calendar year:

I. All Sundays / weekly off

II. Three (3) National Holidays (26th January,

15th August and 2nd October)

III. Ten (10) other holidays as mutually agreed

upon between Consultant and Client

3. Leaves Consultant staff will not be eligible for any leaves

except 12 Casual Leaves in a calendar year.

• Normal site working / visit hours will be based on site requirements.

• In case the staff goes on leave on medical or other unavoidable reasons then

the firm must provide alternative staff for that duration.

6.1 a) The Contract Price is: [insert amount and currency].

6.2 b) I. Payments for remuneration & expenditure made in accordance with

Clause GCC 6.2 shall be adjusted as follows:

Remuneration & expenditure pursuant to the rates set forth in the

Appendix C shall be adjusted every April subject to at least six months of

the Contract having elapsed by that time. Yearly increment will be given

on base cost on Consumer Price Index (All India industrial worker) for

Bhopal issued by labour bureau. March month (Annual CPI of

immediately preceding March) is taken as the basis for increment.

Changed cost shall be payable from April to March every year.

II. Renumeration for partial periods shall be calculated as follows:

(1) Remuneration for periods of less than one month shall be calculated

on a calendar-day basis (one day being equivalent to 1/30th of a month).

(2) Expenditure for period of less than one month shall be calculated on a

calendar-day basis (one day being equivalent to 1/30th of a month).

III. The rates for remuneration and expenditure are set forth in Appendix C.


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6.2 d) I. The amount shall be as specified in the table below.

No. Position Remuneration

(Rs. / month)

1 Team Leader 1,50,000

2 DTL / Construction Manager 1,27,500

3 Water Supply Expert 1,12,500

4 Manager - Community Mobilization 56,250

5 Resident Engineer 1,12,500

6 Assistant Engineer (Civil) 56,250

7 Asst. Engineer (E&M) 56,250

8 Field Engineer (Civil) 30,000

9 Field Engineer (E&M) 30,000

10 Quality Control Engineer (Lab) 30,000

11 Asst. Manager - Community Mobilization 30,000

12 Billing Assistant 18,750

13 Computer Operator 18,750

14 Office Manager 15,000

15 Office Boy 9,000

II. The time period for submission of bank statements shall be every three

(3) months.

III. The penalty shall be two times (2x) the shortfall of payment to each

personnel with respect to minimum remuneration as specified in table

above.

E.g.: In case the Consultant pays Rs. 1,25,000/- to a personnel whose

minimum remuneration as per table above is Rs. 1,50,000/-, then the

deduction will be [2 x (1,50,000 – 1,25,000)], i.e. Rs. 50,000 per month.

6.5 d) The accounts are [insert account].

6.6 a) Performance Security shall be an amount equal to 5% (five percent) of the

Contract Value calculated based on approved Financial Proposal of the

Consultant.

6.6 b) In case of delay in completion of Services, liquidated damages not exceeding

an amount equal to 0.02% (zero point zero two percent) of the Contract Value

per day, subject to a maximum of 10% (ten per cent) of the Contract Value shall

be imposed and shall be recovered by appropriation from the Performance

Security or otherwise.

Section IX: Appendices


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Appendix A – Description of Services

[This Appendix will include the final Terms of Reference based on Section V.]


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Appendix B – Consultant Personnel

[Insert a table based on Form TECH-5 of the Consultant’s Technical Proposal as finalized

prior to contract signing. Attach the CVs demonstrating the qualifications of Key Experts

(Form TECH-6 of the Consultant’s Technical Proposal) updated and signed by the respective

Key Experts.

The Section III: Technical Proposal Evaluation Methodology - C. Qualification and

Experience Requirement for Team is to be included as an Annexure to Appendix B]


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Appendix C – Financial Proposal

[This Appendix will include the Financial Proposal of the selected Consultant in accordance

with the approved BOQ as per Cover 3 of the submission.]


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Appendix D – Form of Performance Security

Bank Guarantee for Performance Security

_______________________________ [bank’s name and address of issuing branch or office]

Beneficiary:

Managing Director


D Wing, 2nd Floor,

Vindhyachal Bhawan,

Bhopal - 462004

Date: __________________________________

BANK GUARANTEE No.: _________________

We have been informed that [name of Consulting Firm, same as appears in the signed Contract]

(hereinafter called “the Consultants”) has entered into Contract No. [reference number of the

contract] dated [date] with you, for the provision of [Supervision and Quality Control (SQC)

Services for ______________ Scheme(s) in Madhya Pradesh] (hereinafter called “the Contract”).

Furthermore, it has been stipulated by you in the said Contract that the Consultants shall furnish

you with a Bank Guarantee by a recognized bank for the sum specified therein as security for

compliance with his obligations in accordance with the Contract;

AND WHEREAS we have agreed to give the Consultants such a Bank Guarantee;

NOW THEREOF we hereby affirm that we are the Guarantor and responsible to you, on behalf

of the Consultants up to a total of [amount of Guarantee] [amount of Guarantee in words], and

we undertake to pay you, upon your first written demand and without cavil or argument, any sum

or sums within the limits of [amount of Guarantee] [amount of Guarantee in words] as aforesaid

without your needing to prove or to show grounds or reasons for your demand for the sum

specified therein. We hereby waive the necessity of your demanding the said debt from the

Consultants before presenting us with the demand. We further agree that no change or addition to

or other modification of the terms of the Contract or of the services to be performed there under

or of any of the Contract documents which may be made between you and the Consultants shall

in any way release us from any liability under this Guarantee, and we hereby waive notice of any


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such change, addition or modification. The liability of the Bank under this Guarantee shall not be

affected by any change in the constitution of the consultants or of the Bank. Notwithstanding

anything contained herein before, our liability under this Guarantee is restricted to [amount of

Guarantee] [amount of Guarantee in words] and the Guarantee shall remain valid till [date of

expiry of Guarantee]. Unless a claim or a demand in writing is made upon us on or before [date

of expiry of Guarantee], all our liability under this Guarantee shall cease. This guarantee shall be

valid until 3 months from the date of completion of time period as per agreement.

Signature and Seal of the Guarantor

Name and Designation Name and Designation

Name, address and seal of the Bank

Phone & Fax No.

Date

In presence of

1.

Signature

2.

Signature

Note: All italicized text is to assist in preparing this form and shall be deleted from the completed

form submitted to the Client.


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Appendix E – Acknowledgment of Compliance

[The completed Form TECH-7 in Section IV, Technical Proposal Forms is used for this

Appendix.]

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