Maharashtra Industrial Development Corporation

(A Government of Maharashtra Undertaking)

PROJECT MANAGEMENT CONSULTANCY SERVICES FOR

Name of Work: Project Management consultancy services for....DD TALOJA INDL. AREA......
Taloja Industrial Area......
Remodelling of effluent collection system in L, M, V, T blocks and Part Chemical zone.

Maharashtra Industrial Development Corporation (MIDC)

REQUEST FOR QUALIFICATION (RFQ)

CUM

REQUEST FOR PROPOSAL (RFP)

2017

Maharashtra Industrial Development Corporation

(MIDC)
Udyog Sarathi, MIDC Office, Marol Industrial Area
Andheri (East), Mumbai, Maharashtra, India 400093
TABLE OF CONTENTS:
___________________________________________________________________________
SECTION1. NOTICEINVITINGETENDER.........................................................................................................1
1.1 TENDERNOTICENO.ETNNo15for20172018(Mumbai)................................................................1
1.2 DETAILEDTENDERNOTICENO.ETNNo15for20172018(Mumbai).................................................2
1.3 Disclaimer..............................................................................................................................................4
1.4 NOTICEINVITINGTENDER.....................................................................................................................5
TenderNotice:........................................................................................................................................................5
1.5 MinimumEligibilityCriteria...................................................................................................................5
1.6 DefinitionofEligibleAssignments.........................................................................................................5
1.7 MIDCetenderingModeNote:..............................................................................................................5
1.8 Importantnotesforpreparationofetenders:.....................................................................................6
SECTION2. INSTRUCTIONSTOBIDDERS.........................................................................................................8
2.1 Introduction..........................................................................................................................................8
2.2 Ownershipofthereports/documentsandcopyright............................................................................9
2.3 EarnestMoneyDeposit.........................................................................................................................9
2.4 EligibilityandQualificationRequirements.............................................................................................9
2.5 Preparation,SubmissionandOpeningofProposal.............................................................................11
2.6 EvaluationofProposal,AwardandSigningoftheContract................................................................16
2.7 Confidentiality.....................................................................................................................................20
2.8 FraudandCorruptPractices:...............................................................................................................20
2.9 ReplytoQueries..................................................................................................................................21
2.10 Miscellaneous......................................................................................................................................21
2.11 TechnicalQualificationsandExpertiserequiredforPMCTeam.........................................................21
SECTION3. FORMATSFORTECHNICALANDFINANCIALPROPOSAL...............................................................27
3.1 FORM3A:TECHNICALPROPOSALSUBMISSIONFORM.......................................................................27
3.2 FORM3B:FORMATFORDETAILSOFTHEBIDDER...............................................................................29
3.3 FORM3C:FORMATFORAPPLICANTSFINANCIALELIGIBILITY(AverageAnnualRevenuefrom
ConsultancyServicesofApplicantfirm)................................................................................................................30
3.4 FORM3D(1):DETAILEDSUMMARYOFSIMILARPROJECTSCARRIEDOUTINLAST05YEARS.............31
3.5 FORM3D(2):DETAILEDSUMMARYOFONGOINGPROJECTS..............................................................31
3.6 FORM3D(3):APPLICANTSPROJECTEXPERIENCEFORM...................................................................32
3.7 FORM3D(4):FORMATFORPROOFOFEXPERIENCEFROMSTATUTORYAUDITOR/COMPETENT
AUTHORITY............................................................................................................................................................33
3.8 FORM3E:COMMENTSANDSUGGESTIONSOFAPPLICANTONTHETERMSOFREFERENCE..............34
3.9 FORM3F:DESCRIPTIONOFPROPOSEDAPPROACH&METHODOLOGY,ACTIVITIESBASEDWORKPLAN,
ORGANISING&STAFFINGANDMANNINGSCHEDULEOFTHEAPPLICANT..........................................................35
3.10 FORM3G(A):TEAMCOMPOSITIONANDTASKASSIGNMENT.............................................................36
3.11 FORM3G(B):CERTIFICATE.................................................................................................................36
3.12 FORM3G(C):DECLARATION...............................................................................................................36
3.13 FORM3H:FORMATOFCURRICULUMVITAEFORPROPOSEDPROFESSIONALSTAFF(KEYSTAFF,
SUPPORT/FIELDSTAFFANDOFFICESTAFF)...........................................................................................................37
3.14 FORM3I:FORMATOFSTAFFINGSCHEDULEOFPROPOSEDPROFESSSIONALS...................................38
3.15 FORM3J:FORMATOFWORKSCHEDULE............................................................................................39
3.16 FORM3K:FORMATFORPOWEROFATTORNEYFORAUTHORISEDSIGNATORY..................................40
SECTION4:FINANCIALPROPOSALSTANDARDFORMS..............................................................................41
4.1Form4A:SummaryofCosts..........................................................................................................................42
4.2 Form4B:BreakdownofCosts.............................................................................................................43
4.3 Form4C:BreakdownofRemunerationofKeyStaffandSupportStaff..............................................44
4.4 Form4D:BreakdownofOutofPocketExpenses...............................................................................45
SECTION5:TERMSOFREFERENCEANDSCOPEOFCONSULTANCYSERVICES........................................................46
5.1 Introduction........................................................................................................................................46
5.2 BriefObjectiveofthePMCAssignment...............................................................................................47
5.3 DetailedScopeofConsultancyServices...............................................................................................47
5.4 TechnicalQualificationandProfessionalExperienceofthePMCTeam..............................................53
5.5 DeploymentofPersonnel....................................................................................................................53
5.6 ReplacementofPersonnel...................................................................................................................54
5.7 DeploymentSchedule..........................................................................................................................54
5.8 PMCOfficeSetup................................................................................................................................54
5.9 PMCReportingRequirement...............................................................................................................55
SECTION6:STANDARDFORMOFCONTRACT,GENERALCONDITIONSOF CONTRACT AND SPECIAL
CONDITIONSOFCONTRACT 56
6.1 GeneralProvisions...............................................................................................................................59
6.1.1 Definitions...........................................................................................................................................59
6.1.2 RelationsbetweentheParties............................................................................................................61
6.1.3 LawGoverningtheContract...............................................................................................................61
6.1.4 Language.............................................................................................................................................61
6.1.5 Headings..............................................................................................................................................61
6.1.6 Notices................................................................................................................................................61
6.1.7 Location...............................................................................................................................................61
6.1.8 AuthorizedRepresentatives................................................................................................................61
6.1.9 TaxesandDuties..................................................................................................................................61
6.2 Commencement,completion,modificationandterminationofcontract...........................................62
6.3 Termination.........................................................................................................................................62
6.4 ObligationsoftheConsultants............................................................................................................64
6.5 Consultantspersonnel........................................................................................................................65
6.6 Obligationsoftheclient......................................................................................................................66
6.7 Paymentstotheconsultants...............................................................................................................66
6.8 Settlementofdisputes........................................................................................................................67
6.9 Responsibilityforaccuracyofprojectdocuments...............................................................................68
6.10 Representation,warrantiesanddisclaimer.........................................................................................68
6.11 Safetymeasures:Theconsultantwillensure&developadequateandcompletesafetyprecautionsfor
theconstructionoftheworksinaccordancewiththeNational&Internationalstandardsafetynorms&
procedures.Thesafetymeasureswillinclude,butwillnotnecessarilybelimitedto:.........................................68
6.12 ActionsrequiringspecificapprovaloftheEmployer:Theconsultantwillberequiredtoobtainthe
specificapprovaloftheemployerinrespectofthefollowing:............................................................................69
6.13 Delayinimplementationoftheproject:.............................................................................................69
6.14 Miscellaneous......................................................................................................................................69
6.15 PartC: SPECIALCONDITIONSOFTHECONTRACT...............................................................................72
SECTION 7 : CLAUSES REGARDING GST, IT, SERVICE TAX REIMBURSEMENT OF TAXES/ DUTIES / PAYMENT OF
STAMPDUTY,INSURANCE..................................................................................................................................80
7.2DEDUCTIONOFINCOMETAX.........................................................................................................................81
7.3CLAUSEFORREIMBURSEMENTOFTAXES/DUTIES.........................................................................................81
7.4 CLAUSEFORPAYMENTOFSTAMPDUTY............................................................................................81
7.5 INSURANCEOFWORK.........................................................................................................................81
SECTION8:ANNEXUREA:................................................................................................................................83
8.1 FORMATFORBANKGUARANTEEFORPERFORMANCESECURITY................................................83
(TOBESTAMPEDINACCORDANCEWITHSTAMPACTIFANY,OFTHECOUNTRYFORISSUINGB.G.).....................83
SECTION9: 86
ANNEXUREB:BRIEFDETAILSOFTHEPROJECT....................................................................................................86
 MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION
(A Government of Maharashtra Undertaking)

Section 1. Notice Inviting E Tender

1.1 TENDER NOTICE NO. ETN No 15 for 2017-2018 (Mumbai)

E tenders are invited for the work of Project Management consultancy services for .... DD TALOJA
INDL. AREA...... Taloja Industrial Area ...... Remodelling of effluent collection system in L, M, V, T blocks
and Part Chemical zone. the blank tender forms are available on E Tendering module on MIDC's
website www.midcindia.org. The tenderers are requested to download the entire tender document from
MIDC website. The last date of submission of e-tender documents duly filled in shall be --/--/2017 up to
11.00 hrs. and shall be opened on the same day @ 14.00 hrs. if possible. For further details please see
detailed tender notice on MIDC website.

Right to reject any or all tenders without assigning any reason there of is kept reserved by the
competent authority.

--------------NOTICE ENDS HERE--------------

1.2 DETAILED TENDER NOTICE NO. ETN No 15 for 2017-2018 (Mumbai)

E tenders are invited from eligible consultants for the f o l l o w i n g work. The details of tender
are given below. The amount given below towards Earnest Money Deposit (EMD) & cost of blank
tender & application support amount should be paid online.
The tender will be considered only if the enclosures are in proper order. The EMD will be forfeited in
case, after the acceptance of the tender, the contractor refuses to pay the performance
Security/Security Deposit as noted below, within the specified time limit. Otherwise it will be refunded.
The work is to be completed within the stipulated time as noted below.

1. Name of Work Project Management consultancy services for

.... DD TALOJA INDL. AREA...... Taloja
Industrial Area ......Remodelling of effluent
collection system in L, M, V, T blocks and Part
Chemical zone.
2. Earnest Money Deposit (Bid Rs. 64,500/-
Security)
3. Application Support Amount Rs. 1180/- (Rs One Thousand one hundred
eighty only)
4. Cost of Blank Tender Form Rs. 5900/-
5. Time Period 24 Months
6. Availability of blank tender form 27/10/2017 To 21/11/2017 (to be
downloaded from the MIDC E tendering site
www.midcindia.org)
7. Queries of contractor Will be received by E tendering upto
07/11/2017 at 05:00 PM
8. Pre Bid Meeting Will be conducted on 10/11/2017 at 14.00 Hrs in
the Office of the Superintending Engineer,
MIDC, (Kokan), Khanda colony, Panvel
9. Reply to queries & MIDC Will be published on the website on
clarification 14/11/2017 at 06:00 PM
10. Last date of submission of Tender 21/11/2017 up to 12:00 hrs. @ MIDC
Website
11. Date of opening of PQ & tender 21/11/2017 at 02:00 PM hrs. (if possible) in the
Place of Tender Opening Office of the Superintending Engineer, MIDC,
(Kokan), Khanda colony, Panvel
12. Eligibility Please refer para no 1.5 under section
1 Notice Inviting Tender
13. Validity of offer 180 days from the date of opening of the
tender. (From opening of First Envelope)

Important Note:

A. The information regarding the tender & PQ form (if applicable)& the facility to download it,
will be available on MIDC E tendering portal on website www.midcindia.org. The downloaded &
duly completed tender form shall be submitted online (by eligible consultants only) without making any
change in the script of tender document. If after submission of tender, it is noticed that the tender
script is modified in any manner whatsoever, the tender will be summarily rejected. Consultants may
upload their queries before expiry of query period. The replies to the queries received before the
 due date, will be published on the website along with MIDC clarification(if any) which should be
downloaded by the Consultant. The document of reply to the queries of the Consultant and MIDC
clarification (if any) will form part & parcel of the tender document & the clarifications given in the
document will supersede the provisions of the tender. After the tender is accepted & offer letter is
issued to the Consultant, agreement shall be executed with the Consultant on the tender copy
prepared/printed by MIDC

B. Consultant must pay online:

a. EMD amount.
b. Cost of Blank tender form.
c. Application support amount.

The tender shall be submitted in two envelopes as below.

Envelope No.1 shall contain:
1) Pre-qualification and technical proposal standard forms.
2) Reply to queries of the contractor duly signed by the consultant.
3) Certificates of Professional Tax registration, PAN card.
4) GSTIN Registration Certificate.
Envelope No.2 shall contain: Price Bid (Financial Proposal)

Important Conditions -
1. The Submission of tender shall be done in the manner prescribed by MIDC only.
2. If the contents of Envelope No.1 (b) are not found as per the requirements of MIDC, the
Envelope No.2 will not be opened at all & the tender shall be summarily rejected.
3. Consultant should digitally sign wherever required.
4. The Consultant shall be bound to keep open the offer up to 180 Days from the date of
opening of the tender. (I.e. from opening of First Envelope of tender)
5. The acceptance of the tender rests with the competent authority which does not bind itself
to accept the lowest tender & reserves the right to reject any or all tenders without
assigning any reason thereof.
6. The notes & conditions stipulated in this notice & elsewhere in the tender shall form the
part of the agreement.
7. If it is found that the information submitted is misleading/ false or if it is found that certain
information is hidden, then the contractor will be disqualified during any stage of tender
process & even after opening of tender.
8. If any Consultant discloses/try to disclose in any manner whatsoever his offer in any
other place than envelope No.2, of his tender will be summarily rejected.

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1.3 Disclaimer

The information contained in this Request for Proposal (RFP) has been prepared solely to assist
prospective Bidders in making their decision of whether or not to submit their proposal. The purpose of
this RFP is to provide information to the bidders, which is useful in formulation of their proposal with
regard to this RFP. Maharashtra Industrial Development Corporation (MIDC) does not purport this
information to be all- inclusive or to contain all the information that a prospective Bidder may need to
consider in order to submit the proposal. The technical data and other information provided in this RFP is
indicative and neither MIDC nor its employees, officers nor its consultants will make or will be deemed to
have made any current or future representation, promise or warranty, express or implied as to the
accuracy, reliability or completeness of the information contained herein or in any document or
information, whether written or oral, made available to a Bidder, whether or not the aforesaid parties
know or should have known of any errors or omissions or were responsible for its inclusion in or omission
from this tender document.
Neither MIDC nor its employees or consultants make any claim or give any assurance as to the
accuracy or completeness of the information provided in this RFP. Interested parties are advised to carry
out their own investigations and analysis of any information contained or referred to herein or made
available at any stage in the bidding process in relation to Project.
This RFP is provided for information purposes only and upon the understanding that such
parties will use it only for the purpose set forth above. It does not purport to be all-inclusive or contain all
the information about the Project in relation to which it is being issued.
The information and statements made in this RFP have been made in good faith. Interested
parties should rely on their own judgments in participating in the said Project. Any liability is accordingly
expressly disclaimed even if any loss or damage is caused by any act or omission on part of the
aforesaid, whether negligent or otherwise.
MIDC makes no representation or warranty and shall incur no liability under any law, statute,
rules or regulations as to the accuracy, reliability or completeness of this document.
MIDC reserves the right to modify, suspend, change or supplement this RFP. Any change to the
RFP will be notified to all the Bidders. No part of this RFP and no part of any subsequent
correspondence by MIDC, its employees, officers or its consultants shall be taken neither as providing
legal, financial or other advice nor as establishing a contract or contractual obligation. Contractual
obligations would arise only if and when definitive agreements have been approved and executed by the
appropriate parties having the Employer to enter into and approve such agreements.
MIDC reserves the right to reject all or any of the Bids submitted in response to this tender
document at any stage without assigning any reasons whatsoever.
All Bidders are responsible for all costs incurred by them when evaluating and responding to this
document and any negotiation costs incurred by the recipient thereafter. MIDC may in its sole
discretion proceed in the manner it deems appropriate which may include deviation from its expected
evaluation process, the waiver of any requirements, and the request for additional information.
Unsuccessful bidders will have no claim whatsoever against MIDC nor its employees, officers nor its
consultants.

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1.4 NOTICE INVITING TENDER
Tender Notice :

Tenders (Online) are invited in Two envelopes from eligible, globally reputed and experienced Project
Management Consultancy firms for the work of Project Management consultancy services for Project
Management consultancy services for .... DD TALOJA INDL. AREA...... Taloja Industrial Area ...... Remodelling of
effluent collection system in L, M, V, T blocks and Part Chemical zone. The Bidder must fulfill Minimum
Qualifying Requirements and other requirements stipulated in the tender document. The tender shall
remain valid for acceptance for a period of 180 days from the date of o p e n i n g of the tender. The
completion period of this work is 48 months from the date of award of contract, which includes 24
months construction period for completion of Project Management consultancy services for .... DD
TALOJA INDL. AREA...... Taloja Industrial Area...... Remodelling of effluent collection system in L, M, V, T
blocks and Part Chemical zone. and 24 months defect liability period.
The tender documents are required to be submitted only through e-tendering module of
MIDC portal, which requires bidders to first enrol on the Portal, using a valid digital signature
certificate (DSC) and a valid e-mail address for enrolment know as vendor registration the user manual
is made available on the web site of MIDC.

1.5 Minimum Eligibility Criteria

The Firm/Company, as the case may be (hereinafter referred to as "The bidder"), shall
fulfil following Minimum Qualifying Criteria:
Technical Capacity: The applicant, Over the past 05 years preceding the proposal due
date (PDD), should have successfully completed 1 (one) eligible assignment of project
cost Rs 16.12 Crores.
Financial Capacity: Annual revenue of the applicant firm from the consultancy services
shall be at least Rs 32.25 Lakhs during the one of the last three financial years (2014-
15, 2015-16 & 2016-17)
Note...The weightage will be given at 5% per year for completed project cost.

1.6 Definition of Eligible Assignments

1. For the purpose of evaluating the proposal under this RFP, Project Management
Services involving conducting survey & setting out works, proof checking of drawings &
issuance of working drawings, preparing incidental designs & drawings, approval to mix-
designs, day to day supervision, monitoring of progress & quality of construction, testing,
commissioning, etc. during the implementation/construction period of the project and
monitoring during defect liability period etc, as per detailed scope of Project Management
Consultancy which have been undertaken for any government organization, semi
government bodies.
2. The bidders eligible for participating in the above assignment shall be a single Business
Entity having undertaken and completed Project Management Consultancy Services
described as above for various civil works components viz. HDPE pipeline, RCC work etc.
related with the eligible assignments.

1.7 MIDC e-tendering Mode Note:

On the date and time specified in the tender notice, following procedure will be adopted
for opening of the Tender. The bidders are required to submit soft copies of their bids
electronically on the M I D C Portal, e-tender module on MIDC website using valid Digital
Signature Certificates. The instructions given below are meant to assist the bidders in
registering on the Portal, prepare their bids in accordance with the requirements and
submitting their bids online on the Portal. More information useful for submitting online bids
5|Page
on the Portal may be obtained at: www.midcindia.org.
Tenderers are also requested to follow the online E-tendering procedure as per following steps:
A. Registration:
1. Bidders are required to enrol on the e-tendering module of the MIDC Portal.
2. As part of the enrolment process, the bidders will be required to choose a unique User
name and assign a password for their accounts.
3. Bidders are advised to register their valid email address and mobile numbers as part of the
registration process. These would be used for any communication from the Portal.
4. Upon enrolment, the bidders will be required to register their valid Digital Signature
Certificate (Class II or Class III Certificates with signing key usage) issued by any Certifying
Authority recognized by CCA India (e.g. Sify / TCS / nCode / eMudhra etc.), with their profile.
5. Only one valid DSC should be registered by a bidder. Please note that the bidders are
responsible to ensure that they do not lend their DSCs to others which may lead to misuse.
B. Preparation of Bids
1. Please go through the tender advertisement and the tender document carefully to
understand the documents required to be submitted as part of the bid. Please note the
number of envelopes in which the bid documents have to be submitted, the number of
documents - including the names and content of each of the document that need to be
submitted. Any deviations from these may lead to rejection of the bid.
2. Bidder, in advance, should get ready the bid documents to be submitted as indicated in the
tender document / schedule and generally, they can be in PDF / XLS / RAR / DWF/JPG
formats. Bid documents may be scanned with 100 dpi with black and white option which
helps in reducing size of the scanned document.
3. Bidder should take into account any corrigendum published on the tender document before
submitting their bids.
C. Assistance to Bidders
1. Any queries relating to the tender document and the terms and conditions contained therein
should be uploaded on e-tendering portal at appropriate place.
2. Any queries relating to the process of online bid submission or queries relating to work can
be sought from the concerned Executive Engineers Office.
3. MIDC will not entertain any reasons/claims of Tenderer on account of Net Connection
Failure/Current Connection Failure and any issues during the submission of tender online.
Tenderer shall be solely responsible for all those facts and failure of Net Connectivity,
Electricity Current Connectivity etc.

1.8 Important notes for preparation of e-tenders:

The bidders should consider the following notes while preparing their proposals for this
assignment.
1. The bidder should have been in active business (in project management and/or any other
type of consultancy services as specified in this document in India or abroad for at least last
ten (5) years with fairly good employment strength. The assignments taken-up or
completed by the bidders in last five years should be listed as per format provided in the
section-3 of the bid document.
2. For the purpose of this RFP document, a Business Entity shall mean a sole Proprietorship
firm1 /Registered partnership firm2 / a Company3 registered in India under the Companies
Act 1956.
1. A Sole Proprietorship firm should furnish IT returns for the last two financial years as proof of identity.
2. A registered partnership firm should furnish registration certificate under the registrar of firms and the
partnership deed executed between the partners as proof of identity.
3. Registered company should furnish registration certificate under the Registrar of the company Act 1956

6|Page
 and should furnish certificate of incorporation and memorandum of association as proof of identity.
3. Consortia / Joint Venture (JV) shall not be eligible to bid for this assignment. Experience
of a bidder as a member of consortia or JV, for any project/work shall be considered to the
extent of work showed for the assign.
4. Any entity which has been barred by the Central Government, any State Government, a
statutory authority or a public sector undertaking, as the case may be, from participating
in any project, and the bar subsists as on the date of submission of Proposal, would not be
eligible to submit a Proposal either by itself or through its Associate.
5. An Applicant or its Associate should have, during the last three years, neither failed to
perform on any agreement, as evidenced by imposition of a penalty by an arbitral or judicial
authority or a judicial pronouncement or arbitration award against the Applicant or its
Associate, nor been expelled from any project or agreement nor have had any agreement
terminated for breach by such Applicant or its Associate.
6. The tender shall be submitted online strictly in accordance with the instruction to bidders,
terms and conditions given in the tender documents.
7. Modification / Substitution / Withdrawal of BIDs
(i) The documents shall be prepared and scanned in different files (in PDF or JPEG
format such that file size is not more than 10 MB) and uploaded during the on-
line submission of BID.
(ii) The Bidder may modify, substitute or withdraw its e- BID after submission, prior to
the BID Due Date & time No BID can be modified, substituted or withdrawn by the
Bidder on or after the BID Due Date & Time.
(iii) Any alteration / modification in the BID or additional information supplied
subsequent to the BID Due Date, unless the same has been expressly sought for
by the Employer, shall be disregarded.
(iv) For modification of e-BID, Bidder has to detach its old BID from e-tendering
portal and upload / resubmit digitally signed modified BID before due date and time.
(v) For withdrawal of BID, Bidder has to click on withdrawal icon at e-tendering
portal and can withdraw its e-BID before due date and time only.

7|Page
 Section 2. INSTRUCTIONS TO BIDDERS
2.1 Introduction

MIDC invites detailed proposals from eligible technical consultants (bidders) for providing Project
Management Services for Remodelling of effluent collection system in L, M, V, T and Part Chemical zone in
Taloja Industrial Area. The Project Management Services may involve conducting survey & setting out
works, proof checking of drawings & issuance of working drawings, preparing incidental designs &
drawings, approval to mix-designs, day to day supervision, monitoring of progress & quality of
construction, testing, commissioning, etc. during the implementation/construction period of the project
and monitoring during defect liability period etc, as per detailed scope of Project Management
Consultancy which have been undertaken for any government organization, semi government bodies.
1. The bidders eligible for participating in the above assignment shall be a single Business
Entity having undertaken and completed Project Management Consultancy Services
described as above for various civil works components viz. HDPE pipeline, RCC work
related with the eligible assignments.
2. The submission of complete proposal should be through e-Tendering mode accessed at
MIDC Portal www.midcindia.org/e-tender .
3. The bidder is advised to acquaint himself with the job involved at the site,
climatic conditions, means of transport, communication facilities, laws and bylaws of
Govt. of Maharashtra or Govt. of India and any other statutory bodies and collect all
information that may be necessary for preparing and submitting the Tender and entering
into the contract.
4. The Bidders shall bear all the costs of visiting the site, collecting the information and for
preparing and submitting the tender.
5. The Tender prepared by the bidder, all documents and correspondence in respect of or in
connection with the tender and the work to be executed hereunder shall be in English
Language only.
6. The Bidder shall examine carefully all the instructions given in the tender document
including but not limited to roles and responsibilities of key staff, Terms of Reference,
detailed scope of work, General Conditions of Contract, and special conditions of
contract etc. and all documents issued along with and for the purpose of tender, any
amendments made there to from time to time, conditions, nature of the ground and
substrata, quantity and nature of work, means of access to the site, the existing roads and
other means of communication, and in general shall be deemed to have examined and
obtained all necessary information as to risks, contingencies and other circumstances
which may influence or affect his tender. Failure to comply with the requirements
of the tender documents will be on bidders own risks. Tenders, which are not substantially
responsive to the requirement of the tender documents, are liable to be rejected.
7. Bidder shall bear all costs for preparation and submission of his tender. Authority will not
be responsible for or pay for any expenses or losses, which might be incurred or suffered by
any bidder in connection with submission of tender. A prospective bidder requiring any
clarifications on the Tender documents may upload on e-tender portal his queries at
appropriate place The response/ clarifications will be hosted at MIDC E- tendering website.
The responsibility to download such information fully lies with the prospective Bidders who
have downloaded the Tender documents and these shall form part of Tender documents.
8. The queries raised will be replied on MIDC E-tender website. Any modification of the tender
documents, which may become necessary as a result of queries, shall be made by the
Authority exclusively through the issuance of an addendum and not through the reply of

8|Page
 queries and shall be hosted on MIDC etender website. The responsibility of downloading
from MIDC website fully lies with the Bidder.
9. The Bidder shall quote realistic rates in respect of proposed manpower and other heads like
transportation, office expenses etc. as provided in specific formats in the tender
document. The rates shall be firm and no increase or decrease in prices will be allowed
except as mentioned in the General Conditions of the tender document.
10. The MIDC reserve their right to reject all or any tender without assigning any reasons and
does not bind themselves t o a c c e p t the l ow es t or any other tender. No reasons will be
assigned for the rejection of any tender.
11. The Tender shall remain valid and open for acceptance for a period of 180 days from the
date of opening.

2.2 Ownership of the reports/documents and copyright

1. All the study outputs including reports, documents, AutoCAD drawings, excel sheets,
processed information, primary and secondary data shall be compiled, classified and
submitted by the Consultants to the MIDC in hard and soft copies in addition to the
requirements for the reports and deliverables indicated in the TOR.
2. The study outputs shall remain the property of the MIDC and shall not be used by the
consultant or its associates for any purpose other than that intended under these terms of
reference without the prior permission of MIDC.

2.3 Earnest Money Deposit

1. No tender shall be considered which is not accompanied by an Earnest Money Deposit.
2. The Earnest Money Deposit in respect of successful bidder may be forfeited, if he fails to
enter into a contract or furnish the necessary Performance Guarantee within seven days from
the date of award of contract. The EMD of successful bidder will be released after furnishing
of the necessary Performance Guarantee/ Security Deposit.
3. MIDC will be entitled to forfeit and appropriate the Earnest Money Deposit as mutually agreed
loss and damage payable to MIDC in regard to the tender document without prejudice to
Clients any other right or remedy under the following conditions:
(i) If a bidder engages in a corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practice as envisaged under this tender
document (including the Standard Form of Contract);
(ii) If any bidder withdraws its proposal during the period of its validity as specified in
this tender document and as extended by the MIDC from time to time,
(iii) In case, the selected bidder, fails to sign the contract or provide the Performance
Security/Security Deposit within the specified time limit, or
(iv) If the bidder commits any breach of terms of this tender document or is found to
have made a false representation to MIDC.
(v) Bank Guarantee towards performance security deposit (SD) shall be valid up to 28
days after scheduled date of completion of construction work. The same shall be
extended by Consultant, if extension is granted to the construction work. The 75% of
performance security shall be returned to the Consultant after issuing final completion
certificate to the MIDC and balance 25% performance security will be released after
completion of Defect Liability Period ( DLP) of construction work.
2.4 Eligibility and Qualification Requirements
Minimum Eligibility Requirement
1. To be eligible for award of contract bidders shall provide evidence,
satisfactory to the Authority of their eligibility and of their capability and adequacy
of man power and other resources to carry out the subject consultancy
assignment effectively in addition to documents evidencing fulfillment of all the
minimum qualifying criteria as stipulated in the "Section 1.3: Notice Inviting Tender".
2. The Proprietor/ Firm/Company, as the case may be (hereinafter referred to as
9|Page
 "The bidder"), shall fulfill following Minimum Qualifying Criteria:

Technical The applicant firm, over the past 5 years preceding the proposal due date
Capacity (PDD), should have successfully completed the following:
1 (one) eligible assignment of project cost Rs 16.12 Crore

Financial Average annual revenue of the applicant firm from the consultancy
Capacity services shall be at least R s . 32.25 L a k h s during the last three
financial years (2014-15, 2015-16 & 2016-17).

Definition of Eligible Assignments

3. For the purpose of evaluating the proposal under this RFP, eligible assignment
shall be Project Management Services involving conducting survey & setting out
works, proof checking of drawings & issuance of working drawings, preparing incidental
designs & drawings, approval to mix-designs, day to day supervision, monitoring of
progress & quality of construction, testing, commissioning, etc. during the
implementation/construction period of the project and monitoring during defect liability
period etc, as per detailed scope of Project Management Consultancy which have
been undertaken for any government organization, semi government bodies.

4. The bidders eligible for participating in the above assignment shall be a single
Business Entity having undertaken and completed Project Management
Consultancy Services described as above for various civil works components viz.
HDPE pipeline, RCC, related with the eligible assignments.

Other Eligibility requirements

5. As mentioned earlier, the bid proposal should be submitted by a sole proprietorship

firm/registered partnership firm / a company registered in India under the
Companies Act 1956. No consortium or joint venture is allowed.
6. Experience of the completed assignment or projects claimed as credentials for
minimum eligibility shall be duly substantiated through client certificates and work
completion certificates reflecting the specifically required information like project cost,
size and scope of the work provided by the consultant in the said assignment.
7. The bidder should also submit following information.
I. Copies of original Documents defining the constitution or legal status,
place of registration and principal place of business of the company or firm or
partnership.
II. Details of the experience and past performance of the Bidder on
completed assignments of similar nature within the past five years, and details
of current assignments in hand and other contractual commitments in the
Form-3D and Form-3D-(1) prescribed in section-3 of the tender document.
III. Qualifications and experience of the key personnel proposed for administration
and execution of the Contract, both on and off site, in the Form-3H prescribed in
section-3 of the Tender Document.
IV. Reports on the financial standing of the Bidder as prescribed in Form-3C
of the tender document including profit and loss statements, balance sheets
and auditor's reports for the past three years i.e. 2014-15, 2015-16 and 2016-17.
8. MIDC requires that the selected consultant firm provides professional, objective, and
impartial advice and at all times hold MIDCs interests paramount, avoid conflicts
with other assignments or its own interests, and act without any consideration for
future work. The consultant shall not accept or engage in any assignment that may
place it in a position of not being able to carry out the assignment in the best interests of
MIDC and the Project.
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 9. It is the MIDCs policy to require that the consultants observe the highest standard of
ethics during the selection process and execution of such contracts. In pursuance of
this policy, the MIDC.
a) Defines, for the purposes of this provision, the terms set forth below as follows:
1. Corrupt practice means the offering, giving, receiving, or soliciting anything
of value to influence the action of officials in the Selection Process or in
contract execution; and
2. Fraudulent practice means a misrepresentation of facts in order to
influence the selection process or the execution of a contract in a way which
is detrimental to the MIDC and includes collusive practices among
consultants (prior to or after submission of proposals) designed to establish
prices at artificial, non-competitive levels and to deprive the MIDC of the
benefits of free and open competition.
b) Will reject the Proposal for award if it determines that the bidder has engaged in
corrupt or fraudulent activities in competing for the contract in question;
c) Will declare a bidder ineligible, either indefinitely or for a stated period of time,
to be awarded a contract if it at any time determines that the bidder has engaged in
corrupt or fraudulent practices in competing for and in executing the contract.

10. A bidder shall not have a conflict of interest that may affect the selection process for
the Consultancy (the Conflict of Interest). Any Applicant found to have a Conflict of
Interest shall be disqualified. In the event of disqualification, the MIDC will forfeit and
appropriate the EMD as mutually agreed genuine pre-estimated compensation and
damages payable to the MIDC for, inter alia, the time, cost and effort of the MIDC including
consideration of such bidders Proposal, without prejudice to any other right or remedy that
may be available to the MIDC hereunder or otherwise.
11. A bidder and its associates, eventually appointed to provide consultancy for this
assignment/ project shall be disqualified from subsequently providing goods or works or
services related to the construction and operation of the same project and any breach of
this obligation shall be construed as Conflict of Interest; provided that the restriction herein
shall not apply after a period of 3 (three) years from the completion of this assignment or to
consulting assignments granted by banks/ lenders at any time; provided further that this
restriction shall not apply to consultancy/ advisory services performed for the MIDC in
continuation of this consultancy or to any subsequent consultancy/ advisory services
performed for the MIDC in accordance with the rules of the MIDC. For the avoidance of
doubt, an entity affiliated with the consultant shall include a partner in the consultants firm
or a person who holds more than 5 percent of the subscribed and paid up share capital of
the consultant, as the case may be, and any associate thereof.

2.5 Preparation, Submission and Opening of Proposal

Preparation of Technical Proposal:

1. The bid shall be submitted online strictly in accordance with the instructions to bidders,
terms and condition given in the tender document at section 1.4: Notice Inviting Tender.
2. Bidders are particularly advised to fill in the details asked for, strictly in the prescribed
forms. In case, if the bidder does not provide relevant details as per enclosed formats
and also do not meet the pre-qualification requirement as specified in the tender notice, it
is liable to be rejected. The bidder may furnish along with his tender any additional
information that in his opinion will highlight his capability to perform.

11 | P a g e
 3. The completed tender shall be submitted on MIDC e-tender website in two envelope
systems as Technical Bids and Financial Bid.
4. For e-Tender submission of Technical proposal, following r e q u i r e m e n t s are important to
note:
a. Online paid Earnest Money Deposit, blank tender cost & application support fees".
b. Copies of original document defining the constitution or legal status, place of
registration and principal place of business of the company or firm or partnership or
proprietary firm.
c. Details of experience and past performance of the Bidder of works of similar nature
within the past 5 years and details of current works in hand and other contractual
commitments in the prescribed Form-3D.
d. The qualifications and experience of key personnel proposed for administration and
execution of this contract, both on and off site, in the prescribed Form-3H.
e. Reports on the financial standing of the bidder as prescribed in Form-3C of the
tender document including profit and loss statements, balance sheets and auditor's
report for the past three years. The financial turnover in the last three years should be
indicated in the prescribed form.
f. The Bidder should provide work schedule keeping in view the overall time period,
manpower availability and other logistics parameters required to accomplish the job in
the period. Apart from Work Schedule, a manning schedule also needs to be furnished
for the overall duration of the assignment.
g. Bidder should submit copy of PAN card. In case of foreign companies, Audited
Balance Sheets should be provided.
h. Information regarding any current litigation in which the bidder is involved.
i. The bidder has to meet the minimum qualifying criteria. Relevant information
supported by documentary evidence regarding fulfilment of the minimum qualifying
criteria as stipulated in Notice Inviting Tender should be submitted along with the
tender.
j. Power of attorney for the signatory for the tender and carrying out the works when
awarded.
k. Details in respect of proposed approach and methodology team composition and
execution of the services covering broadly all aspects of terms of references as
indicated in this document and compilation of queries/answers if any with each page
initialled by the authorised signatory on token of having been read and accepted by
party/ies and proposed work programme or execution of the services.
l. The composition of the team, assigned tasks and their timing should be clearly
brought out using bar charts and flow diagram with estimates of the total time effort to
be provided for the services, supported by bar diagram showing the time proposed for
each key professional staff.
m. Covering letter declaring the offer to be unconditional, confirming its validity for 180
days and a list of all the documents submitted online.
5. Bidders are requested to submit their Proposal in English language and strictly in the
formats provided in this tender document. MIDC will evaluate only those Proposals that
are received in the specified forms and complete in all respects. In preparing their
Proposal, bidders are expected to thoroughly examine the tender document. Material
deficiencies in providing the information requested may result in rejection of a Proposal.
6. While preparing the Technical Proposal, Consultants must give particular attention to
the following:
(i) The team leader proposed must be a permanent full time employee of the firm. It is
desirable that the other key staff be either permanent full time employees of the
firm or have a dedicated full time contract to work on this assignment.
(ii) If any key staff proposed is not a permanent employee of the Bidder, a certificate
from the key staff along with his current employer must be furnished mentioning

12 | P a g e
 his/ her availability for the assignment. In the absence of such certificate, his/ her
CV will not be evaluated. Hence, the time of key staff allocated for the proposed
assignment should not conflict with the time allocated for any other assignment.
(iii) The composition of the proposed Team and Task Assignment to individual
personnel shall be clearly stated. No such key personnel shall be proposed for any
position if the CV of the personnel does not meet the requirements of the TOR.
(iv) No alternative proposal for any key personnel shall be made and only one CV
for each position shall be furnished.
(v) Each CV needs to have been recently signed by the key personnel and/or
countersigned by the authorized official of the Firm. At the time of submission of bid
proposal, the scanned copies of the signature of key personnel will be allowed but at
the time of signing of contract, the original signature will be required. However, in
both the cases, original counter signature of Authorised signatory shall be required
in original.
(vi) A CV shall be summarily rejected if the educational qualification of the key
personnel proposed does not match with the requirement of the tender document.
(vii) The Client certifications for the projects listed under the experience section are
a must. The certifications must confirm the project attributes (cost, size, fee,
duration etc.) and the scope of work on the projects.
(viii) No Joint Venture shall be allowed.
(ix) In case an Applicant is proposing key personnel from educational/
research institutions, a No Objection Certificate/ Consent Letter from the concerned
institution shall be enclosed with his CV clearly mentioning his/ her
availability for the assignment. In the absence of such certificate, his/ her CV will
not be evaluated.
(x) The personnel proposed should possess good working knowledge of English
Language.
(xi) No key personnel involved should have attained the age of 65 (sixty five) years at
the time of submitting the proposal. The client reserves the right to ask for proof of
age, qualification and experience at any stage of the project.
(xii) The bidder shall make the assessment of support personnel both technical and
administrative to undertake the Assignment. Additional support and
administrative staff shall be provided as needed for the timely completion of the
Assignment within the total estimated cost. Bidder should provide time estimates of
key staff as well as support staff in the staffing schedule. It is stressed that the
time period for the Assignment indicated in the TOR should be strictly adhered to.
(xiii) The technical proposal must not include any financial information.
7. Failure to comply with the requirements spelt out above shall lead to the deduction of
marks during the evaluation. Further, in such a case, MIDC will be entitled to reject the
Proposal.
8. The Proposals must be properly digitally signed by the Authorised Representative
wherever specified (the Authorised Representative) as detailed below:
(i) by the proprietor in case of a proprietary firm;
(ii) by a partner, in case of a partnership firm and/or a limited liability partnership; or
(iii) by a duly authorised person holding the Power of Attorney, in case of a
Limited Company or private Limited company or a corporation; or
(iv) and, Power of Attorney, for the Authorised Representative is executed
as per Applicable Laws.
9. Applicants should note the Proposal Due Date, as specified in Data Sheet, for submission
of Proposals. Except as specifically provided in this RFQ cum RFP, no supplementary
material will be entertained by the Client, and that evaluation will be carried out only on the
basis of Documents received by the closing time of Proposal Due Date as specified in Data

13 | P a g e
 Sheet. Applicants will ordinarily not be asked to provide additional material information or
documents subsequent to the date of submission, and unsolicited material if submitted will
be summarily rejected. For the avoidance of doubt, the Client reserves the right to seek
clarifications in case the proposal is non-responsive on any aspects.
10. Projects/assignments 100% completed shall only be considered for evaluation. The
Applicant shall provide the proof through certificate from the respective Client.
11. The team leader proposed must be a permanent full time employee of the firm. It is
desirable that 75% of the key staff be permanent full time employees of the firm If any of
the key professionals proposed is not a permanent employee of the Applicant/ member of
a Consortium, a certificate from the key personal proposed and the firm he actually
belongs to must be furnished clearly mentioning his availability for the duration of the
Assignment. In the absence of such certificate, his/ her CV will not be considered for
evaluation.

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 Preparation of Financial Proposal:
12. For Online tendering of financial proposal, following points should be noted.
a) The bid shall be submitted online strictly in accordance with the instructions to
bidders, terms and condition given in the tender document at section 1.4: Notice
Inviting Tender.
b) The Financial proposal shall contain all the costs associated with the Assignment. These
shall mainly cover remuneration for all the PMC Team personnel (Key Expert,
Resident, field staff, office staff etc.), and Out-of-Pocket Expenses like transportation,
office equipment, printing of documents, secondary and primary data collection,
documentation overheads, occasional travel due to project reasons, cost of insurance as
specified in the draft contract agreement, cost-to-company, profits etc. The breakup of
remuneration of key staff and out-of-pocket expenses as explained above should match
the total lump sum cost of Financial Proposal. Consultants shall express the price of their
services (including break down of their costs) in Indian Rupees. The proposal should be
submitted as per the standard Financial Proposal submission forms provided in the tender
document.
c) The total amount indicated in the Financial Proposal shall be without any condition
attached or subject to any assumption, and shall be final and binding. In case any
assumption or condition is indicated in the Financial Proposal, it shall be considered non-
responsive and liable to be rejected. No counter conditions by the bidders are permitted.
d) Bidder has to strictly follow the procedure of the e-tendering process. No hard
copies of price bid shall be accepted. Bidders are particularly advised to fill in the details
asked for, strictly in the prescribed forms. Bidders are liable to be rejected if relevant
details are not furnished as per enclosed formats and also which do not meet the
qualification requirement as specified in the tender notice. The bidder may furnish along
with tender any additional information that in his opinion will highlight his capability to
perform.
e) While preparing the Financial Proposal, Consultants are expected to take into
account the various requirements and conditions stipulated in this RFQ cum RFP
document. The Financial Proposal should be a lump sum..

13. The Bidder should note the following carefully.

a. The bidder should quote his cost offer only in Price Bid inclusive of all taxes, cesses.
b. Bidder should not indicate his cost offer anywhere directly or indirectly in Technical Bid.
c. The bidder should quote for the work as per Technical scheme and design and scope of
work as specified in tender document.
d. The Bidders should ensure that their tender is received online at MIDC before the
expiry of the specified time limit.

Opening of Technical Proposals:

14. The Bidder shall provide all the information sought under this RFP. MIDC will evaluate only
those Bids that are received in the required formats and complete in all respects. The
completed Bids shall be submitted on MIDC e- tender website in two envelope systems as
follows:
I. Technical Bid along with the documents/information as provided in Tender
document in section-3.
II. Financial Bid in the format as specified in Section-3.

15. The Bid shall be submitted online strictly in accordance with the Instructions to Bidders,
terms and conditions given in the RFP document.
16. At the time of opening of Technical bid, the bidder shall remain present along with original
documents for verification of the credentials / documents submitted during e-tendering.
17. The bidder's name, contents of the forwarding letter, availability of requisite Earnest
15 | P a g e
 Money Deposit and such other details as the Authority at their discretion, may consider
appropriate, will be announced at the time of Tender opening for which bidder's authorized
representative can be present.

Opening of Financial Proposals:

18. The financial proposal shall be opened on a date to be fixed later and intimated to all the
responsive and eligible bidders to enable them to be present at the opening, if they so
wish. The Price Bid shall be opened if the Bidder's submission in Technical Bid
satisfies / includes all requirements and the same are found acceptable to the Authority /
MIDC.
19. After opening of the price bid and subsequent award of work, the successful bidder has to
sign all documents submitted in e-tendering process and the hard copy of tender document
of MIDC (master copy).
2.6 Evaluation of Proposal, Award and Signing of the Contract
1. From the time the proposals are opened till the time the contract is awarded, the bidder
should not contact MIDC on any matter related to its Technical and/or Financial proposal. Any
effort by a bidder to influence in examination, evaluation, ranking of proposals or
recommendation for award of contract may result in rejection of the bidders proposal.
2. No request for alteration, modification, substitution or withdrawal shall be entertained by MIDCin
respect of proposals already submitted by the bidder.

Opening of the Proposals and tests for responsiveness

3. Prior to evaluation of Proposals, the MIDC will determine whether each Proposal is
responsive to the requirements of the tender document at each evaluation stage as indicated
below. The MIDC may, in its sole discretion, reject any Proposal that is not responsive
hereunder. The proposals received on time, accompanied by the requisite and proper
Proposal Security shall thereafter be examined for responsiveness.
4. A responsive proposal is one which conforms to all requirements of the tender document. A
proposal may be treated non-responsive for any or all of the following reasons:-
(i) The bidder/s not meeting all of the 'Minimum Eligibility Criteria as stipulated in the ' Notice
Inviting Proposal'.
(ii) All the information as indicated in the tender document is not furnished.
(iii) Proposal documents not signed/sealed in manner as prescribed in tender document.
(iv) The proposal and supporting documents show significant variations and or
inconsistency/ies.
(v) If the technical proposal indicates/ discloses directly or indirectly financial proposal.
(vi) The technical Proposal contains counter conditions or ambiguous remarks.
5. Responsive bids shall be examined in details for their technical contents. In the process of this
examination, MIDC reserves the right to seek clarifications or additional information from the
applicant during the evaluation process if it is necessary to ask for some clarifications. These
shall be sought and furnished in writing. However, the basis of proposal shall not be permitted to
be changed / altered either to fulfill Minimum Eligibility Criteria or to make a non- responsive
proposal responsive or to qualify for meeting the technical proposal parameters. The proposals
which are found deficient or defective or unacceptable due to any reason shall be treated as non-
responsive.
6. MIDC reserves the right to reject any Proposal which is non-responsive and no request for
alteration, modification, substitution or withdrawal will be entertained by the MIDC in respect
of such Proposals. MIDC will subsequently examine and evaluate Proposals in accordance with
the Selection Process as below.
Evaluation of the Proposals
7. The evaluation of the proposals shall be done on Quality cum Cost Basis (QCBS).
16 | P a g e
 8. MIDC will carry out the technical evaluation of Proposals on the basis of the following evaluation
criteria and points system. Each evaluated Proposal will be given a technical score (St) as
detailed below. The maximum points/ marks to be given under each of evaluation criteria as per
table below

Clause Broad Evaluation Criteria and Sub criteria Points

(a) Specific experience of the bidder firm related to the assignment. 30
Specific Experience of similar projects of Project Management Services involving conducting
survey & setting out works, proof checking of drawings & issuance of working drawings,
preparing incidental designs & drawings, approval to mix-designs, day to day supervision,
monitoring of progress & quality of construction, testing, commissioning, etc. during the
implementation/construction period of the project and monitoring during defect liability
period etc, as per detailed scope of Project Management Consultancy which have been
undertaken for any government organization, semi government bodies or Municipal Bodies.
The firms scale of experience in various sectors like roads including cross-drainage
structures, Water Supply and Distribution system, Effluent /Sewage Collection and
Treatment system, storm water drainage, Solid Waste Management System, Landscaping
and Buildings and power supply and distribution systems etc. related with the eligible
assignments will be considered. The emphasis will also be given on relevance of the
projects to the assignment, size, components and nature of the projects i.e. comparable size,
complexity and technical speciality and key components etc.
The minimum project cost of any project should not be less than Rs 16.12 Crores & Project
Management Consultancy services cost should not be less than Rs 32.25 Lakhs and
projects in last 5 (five) years should be presented. The broad marking pattern should be
following:
Specific Experience of relevant/similar Projects: (20 marks)
Up to 1 projects = 5 Marks
2 projects = 15 Marks
>2Projects = 20 marks
Project Cost (Single similar) : (5 marks)
Up to project cost = 2 Marks
Up to twice the project cost = 3 Marks
>Thrice the project cost = 5 marks
Consulting Fee(Single similar): (5 marks)
Up to PMC cost . . = 2Marks
Up to twice the PMC cost = 3 Marks
>Thrice the PMC cost = 5 marks
(b) Adequacy of the proposed work plan and methodology in response 15
to the TOR
Project appreciation and understanding of assignment (5Marks)
Project approach and methodology (5 Marks)
Work plan and manning schedule (5 Marks)
(c) Qualification and competence of the proposed key staff for the 55
Assignment.
Total 100

9. The Qualification and competence of the key staff for the purpose of evaluation criteria may also
be noted. The total number of marks allocated for qualification and competence of the proposed
Key Staff is 55 marks, distributed among the key staff, as detailed below:
Sr. No. Key Staff Marks
1 Team Leader 20
2 Deputy team leader 15
3 Quantity surveyor-cum-billing engineer 10
4 Site Engineers / Quality Control Engineers 10
5 Total 55

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 10. Age of the key staff proposed should not be more than 65 (Sixty Five) Years on the last day of
submission of proposal. The client reserves the right to ask for the details regarding the proof of
age, qualification, experience and association of the key staff with the firm. Bidder firms, who
are executing ongoing mandates from Client, must propose a separate team of key staff while
bidding for this project. The key staff proposed above should be available for presentations/
discussions/ meetings with the MIDC and other Stakeholders in Offices in (location). A summary
of experience (in one page) is to be provided by the consultant for each of the key staff.

11. The detailed evaluation criteria for Key staff is presented in the Table Below:

1 General Qualifications 20%

a Educational qualifications: 10%
Minimum Qualification as per RFP: 5% ;
Maximum Qualification as per RFP: 10%
b Total Professional experience: 10%
Minimum total Exp. as per RFP: 7%
Exp. matching or beyond RFP : 10%
2 Adequacy For The Assignment 75%
a Experience in similar capacity/ broad sector 35%
Eligible Project experience in similar capacity: Max.20%
General Project Experience in no. of years: Max.15%
b Experience relevant to TOR/ Assignment 40%
Eligible Project Exp. in terms of no. of projects : Max 20%
Eligible Project Exp. in years: Max 20%
3 Local Experience in region and language 5%
a Experience in civil works projects in Maharashtra 5%

12. The minimum technical score (St) required to qualify technical evaluation is 75 Points out
of 100. A proposal will be considered unsuitable and will be rejected at this stage if it does
n o t respond to important aspects of tender document and the Terms of Reference or if it fails to
achieve the minimum technical score. MIDC will notify Applicants who fail to score the
minimum technical score about the same.
13. Financial Proposal of responsive bidders who are found acceptable on scrutiny of technical and
financial contents and satisfy the criteria for evaluation of Proposal Document will be opened in
the presence of authorized representative of concerned bidders who may wish to remain present.
MIDC will notify the applicants who secure the minimum qualifying technical score, indicating the
date and time set for opening the Financial Proposals. The notification may be sent by registered
letter, facsimile, or electronic mail. The date and venue of opening of financial proposal will be
conveyed to qualified bidders. Financial proposal with any counter conditions or ambiguous
remarks shall be rejected.
14. The Financial Proposals will be opened publicly in the presence of Applicants representatives
who choose to attend. The name of the Applicants, their technical scores and the proposed
prices will be read aloud when the Financial Proposals are opened.
15. Prior to evaluation of the Financial Proposals, MIDC will determine whether the Financial
Proposals are complete in all respects, unqualified and unconditional, and submitted in
accordance with the terms hereof.
16. The cost indicated in the Financial Proposal shall be deemed as final and reflecting the total cost
of services and should be stated in INR only. The man-months considered for calculation of costs
for the personnel in the Financial Proposal should match the man-months for the corresponding
personnel given in the Technical Proposal. In case, the man-months considered for calculation
of costs for the personnel in the Financial Proposal are more than the corresponding man-months
given in the Technical Proposal, the man-months considered in the Financial Proposal shall be
reduced to match the man-months given in the Technical Proposal with a corresponding
reduction in the cost indicated in the Financial Proposal. In case the man-months considered
for calculation of costs for the personnel in the Financial Proposal are less than the

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 corresponding man-months given in the Technical Proposal, the Consultant has to deploy the
personnel for the man-months given in the Technical Proposal, without any claim or increase of
the Financial Proposal. Omissions, if any, in costing of any item shall not entitle the bidder to be
compensated and the liability to fulfil its obligations as per the Terms of Reference within the
total quoted price shall be that of the bidder.
17. The evaluation shall include those taxes, duties, fees, levies and other charges e x c e p t
service tax imposed under the Applicable Law as applicable on foreign and domestic inputs. The
lowest Financial Proposal (Fm) will be given a financial score (Sf) of 100 points. The financial
scores (Sf) of the other Financial Proposals will be determined using the following formula:
Sf = 100 x Fm/F;
Where Sf is the financial score, Fm is the lowest Financial Proposal, and F is the Financial
Proposal (in INR) under consideration.

18. Proposals will be finally ranked in accordance with their combined technical (St) and financial (Sf)
scores:
S = St x Tw + Sf x Fw;
Where S is the combined score, and Tw and Fw are weights assigned to Technical Proposal
and Financial Proposal i.e. 0.80 and 0.20 respectively.

19. The Applicant achieving the highest combined technical and financial score will be considered to
be the successful Applicant and may be invited for contract signing and may be called the
Successful Applicant.

Negotiation & Kick-off meeting

20. The successful applicant may, if necessary, be invited for negotiations. The negotiations shall not
be for reducing the price of proposal, but will be for re-confirming the obligations of the consultant
under this tender document. Issues such as deployment of key personnel, scope of work,
methodology and quality of work plan shall be discussed during negotiations. In case the
selected applicant fails to reconfirm its commitment, MIDC reserves the right to designate the
next ranked bidder as the selected bidder and invite for negotiations.

21. MIDC will examine the CVs of all other key personnel and those not found suitable shall be
replaced by the bidder to the satisfaction of MIDC.

Substitution of Key Staff

22. In normal circumstances, the team-leader shall not be changed during the entire duration of the
assignment except in cases like death, terminal illness or medical emergency etc. If PMC is
unable to find suitable replacement of Team Leader for some duration, payment equivalent to
man-month rate of Team leader for that duration shall be deducted from the monthly payment of
PMC. Similarly, no key staff replacement shall be allowed in first six months of the assignment.
23. Only 5 replacements during the entire duration of the assignment shall be allowed without any
damages to the PMC. After the permitted 5 replacements, every further replacement will
attract damage to the tune of 1% of contract amount on all subsequent bills of PMC for the entire
duration of assignment.
LOA, Performance Security and Award of Contract
24. After selection, a Letter of Award (the LOA) will be issue in duplicate, by MIDC to the
Successful bidder.
25. Performance Security/Security Deposit : Performance Security/Security Deposit equivalent to 5
(five) percent of the total cost of Financial Proposal shall be furnished from a nationalised/
Scheduled Bank, before signing of the contract, in form of a Bank Guarantee substantially in the
form specified at Annexure-A of the contract. For the successful bidder the Performance
Security will be retained by Client until the completion of the assignment by the Consultant and
be released 180 (One Hundred Eighty) Days after the completion of the assignment. The bank
Guarantee for performance security shall be submitted within 7 days of receipt of LOA.
26. Execution of contract: After acknowledgement of the LOA and furnishing of Performance
19 | P a g e
 Security as aforesaid by the Successful Applicant, it shall execute the Agreement within 7
(seven) days from the date of issue of LOA. The Successful bidder shall not be entitled to seek
any deviation in the Draft Agreement given in the tender document.
27. In the event of the successful bidder failing to pay Performance Security/Security Deposit and
execute the agreement within 7 days, MIDC may consider next higher ranking bidder.
28. Commencement of Assignment: The Successful Applicant/ Consultant is expected to
commence the Assignment on the date of Commencement of Service as prescribed in the
General Conditions of Contract. If the Successful bidder fails to either sign the Agreement or
commence the assignment as specified herein, MIDC may invite the second ranked bidder for
contract signing. In such an event, the EMD/ Performance Security, as the case may be, of the
first ranked bidder shall be liable to be forfeited by MIDC.

2.7 Confidentiality
Information relating to evaluation of proposals and recommendations concerning awards of
contract shall not be disclosed to the consultants who submitted the proposals or to other
persons not officially concerned with the process, until the winning firm has been notified that it
has been awarded the contract.
2.8 Fraud and Corrupt Practices:
1. The bidders and their respective officers, employees, agents and advisers shall observe the
highest standard of ethics during the Selection Process. Notwithstanding anything to the contrary
contained in this tender document, MIDC will reject a Proposal without being liable in any manner
whatsoever to the bidder, if it determines that the bidder has, directly or indirectly or through an
agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable
practice or restrictive practice (collectively the Prohibited Practices) in the Selection Process. In
such an event, MIDC will, without prejudice to its any other rights or remedies, forfeit and
appropriate the Bid Security, as mutually agreed genuine pre-estimated compensation and
damages payable to MIDC for, inter alia, time, cost and effort of MIDC, in regard to the tender
document, including consideration and evaluation of such bidders Proposal.
2. Without prejudice to the rights of MIDC under this Clause, hereinabove and the rights and
remedies which MIDC may have under the LOA or the Agreement, if an Applicant or Consultant,
as the case may be, is found by MIDC to have directly or indirectly or through an agent, engaged
or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice during the Selection Process, or after the issue of the LOA or the execution
of the Agreement, such Applicant or Consultant shall not be eligible to participate in any tender or
RFQ cum RFP issued by MIDC during a period of 2 (two) years from the date such Applicant or
Consultant, as the case may be, is found by MIDC to have directly or through an agent, engaged
or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice, as the case may be.
3. For the purposes of this Clause, the following terms shall have the meaning hereinafter
respectively assigned to them:
a. corrupt practice means (i) the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence the action of any person connected with the
Selection Process (for avoidance of doubt, offering of employment to or employing
or engaging in any manner whatsoever, directly or indirectly, any official of MIDC who is
or has been associated in any manner, directly or indirectly with the Selection Process or
the LOA or has dealt with matters concerning the Agreement or arising there from, before
or after the execution thereof, at any time prior to the expiry of two year from the date
such official resigns or retires from or otherwise ceases to be in the service of MIDC,
shall be deemed to constitute influencing the actions of a person connected with the
Selection Process; or (ii) save as provided herein, engaging in any manner
whatsoever, whether during the Selection Process or after the issue of the LOA or after
the execution of the Agreement, as the case may be, any person in respect of any
matter relating to the Project or the LOA or the Agreement, who at any time has been or
is a legal, financial or technical consultant/ adviser of MIDC in relation to any matter
concerning the Project;
b. fraudulent practice means a misrepresentation or omission of facts or disclosure of
20 | P a g e
 incomplete facts, in order to influence the Selection Process;
c. coercive practice means impairing or harming or threatening to impair or harm,
directly or indirectly, any persons or property to influence any persons participation or
action in the Selection Process;
d. undesirable practice means (i) establishing contact with any person connected with or
employed or engaged by MIDC with the objective of canvassing, lobbying or in any
manner influencing or attempting to influence the Selection Process; or (ii) having a
Conflict of Interest; and
e. restrictive practice means forming a cartel or arriving at any understanding or
arrangement among Applicants with the objective of restricting or manipulating a full and
fair competition in the Selection Process.

2.9 Reply to Queries

1) All prospective bidders shall upload their queries on e-tendering module regarding the work in
question within scheduled time. Reply to queries will be uploaded by MIDC on e-tendering
module.

2.10 Miscellaneous
1. The Selection Process shall be governed by, and construed in accordance with, the laws of
India and the Courts at Mumbai shall have exclusive jurisdiction over all disputes arising
under, pursuant to and/or in connection with the Selection Process.
2. MIDC, in its sole discretion and without incurring any obligation or liability, reserves the right,
at any time, to:
(i) suspend and/or cancel the Selection Process and/or amend and/or supplement the
Selection Process or modify the dates or other terms and conditions relating thereto;
(ii) Consult with any Applicant in order to receive clarification or further information;
(iii) Retain any information and/or evidence submitted to the Client by, on behalf of and/or in
relation to any Applicant; and/or
(iv) Independently verify, disqualify, reject and/or accept any and all submissions or other
information and/or evidence submitted by or on behalf of any Applicant.
3. It shall be deemed that by submitting the Proposal, the Applicant agrees and releases MIDC,
its employees, agents and advisers, irrevocably, unconditionally, fully and finally from any and
all liability for claims, losses, damages, costs, expenses or liabilities in any way related to or
arising from the exercise of any rights and/or performance of any obligations hereunder,
pursuant hereto and/or in connection herewith and waives any and all rights and/ or claims it
may have in this respect, whether actual or contingent, whether present or future.
4. All documents and other information provided by MIDC or submitted by an Applicant to MIDC
shall remain or become the property of MIDC. Applicants and the Consultant, as the case may
be, are to treat all information as strictly confidential. MIDC will not return any Proposal or any
information related thereto. All information collected, analyzed, processed or in whatever
manner provided by the Consultant to MIDC in relation to the consultancy shall be the
property of MIDC. MIDC reserves the right to make inquiries with any of the clients listed by
the Applicants in their previous experience record.
a. Tentative Schedule: As per detailed tender notice.

2.11 Technical Qualifications and Expertise required for PMC Team

1. The Project Management Consultancy Team for this assignment shall comprise of a Team
of professionals headed by the Team Leader, who shall be responsible for overall
supervision, coordination and management of the project assignment.
2. The Team leader shall be deployed within 10 days and the other members of
Project Management Team shall be deployed within 15 days of the written intimation issued
by MIDC, as required. The key staffs and support staff, their minimum experience required
and duration of their input in the overall assignment needed as a part of PMC team have
been summarized in the table below

21 | P a g e
 The bidder should note that duration and man-months presented here are just indicative.
Bidders may also indicate man-months of various key staffs as per their understanding of the
assignment and manning schedule over and above the minimum Man-months required as per
the table below
Sr No. Key Staff No. Min. Exp. Duration Man
(in yrs.) (months) Months
1 Team Leader 1.0 20 24 24
2 Deputy Team Leader 1.0 15 24 24
3 Quantity Surveyor-cum-Billing Engineer 1.0 5 24 24
4 Site Engineers / Quality Control Engineers 2.0 5 24 48
5 AutoCAD Draftsman 0.5 5 4 2.0

3. The support staff and office staff will not be evaluated as per the selection process but the
bidder must ensure that they have all the requisite qualifications and experience as per the
provisions of the tender document.
4. The essential qualification, professional experience and responsibilities of the PMC team
personnel is given below:

The PMC shall take prior written approval of MIDC before mobilization of any of above
professional staff
Sr. Position Min. years of experience, Specific professional expertise and roles
No. and responsibilities of professional staff
Team Leader Must be Graduate in Civil Engineering but a Post- Graduate degree in civil
1
engineering or equivalent will be an added advantage. He must have minimum
20 years experience in the planning, designing, construction management, and
supervision of any of the eligible projects (as defined earlier in clause 1.3) with
minimum 05 years exp. as full-time on-site Team leader on such projects.
He will report to the designated engineer officer of MIDC and assist in
planning, control and management of the PMC team work
Review and assist in developing implementation schedules and
resource requirements;
Assist in monitoring progress, evaluating results and identification of
constraints and its solution.
Coordinate all implementation activities with various stakeholders.
Review and finalise the monthly/quarterly and other reports and
deliverables prepared by the PMC team as part of contract;
Monitor progress of the construction works through computer-aided
project management techniques;
Provide support to MIDC in preparation of evaluation reports and
related transactions.
Advise and assist the MIDC with respect to claims, arbitration or
litigation or other such matters relating to the works, whenever
required;
Prepare any required variation orders requested by the MIDC and
review any variation order proposed by the contractor and provide
their advice to the MIDC in accordance with the contract;
Review all claims submitted by the Contractor and provide advice to
the MIDC of the validity of the claim, the effect of such claim on the
construction schedule and the cost of the project;
Review and comment on the weekly, fortnight and monthly progress
reports, bills, invoices and other such documents submitted by the

22 | P a g e
 Sr. Position Min. years of experience, Specific professional expertise and roles
No. and responsibilities of professional staff
contractor detailing the work undertaken during the previous month,
the progress of the work against the approved schedule, the problems
and difficulties encountered by the contractor and other issues
requested by the MIDC;
To verify, monitor and accord approval to the working and as-built
drawings for the construction works, maintenance manual and
quality plan submitted by the contractor.
To maintain records of all working and as-built drawings, test data,
details of variations, correspondence and daily diaries, contractors
and PMCs monthly and weekly status reports, plans and manuals etc.
and handing over of the same to MIDC at the end of the assignment.
To assist MIDC in handing/taking over of the site from the
contractor to advise MIDC for extension or termination of works
contract.
Planning and coordination with contractors staff and other sector
experts of PMC team for integration of execution work activities to
save teams efforts, time and cost.
2 Deputy Team
Must be Graduate in Civil Engineering and preferably a post- graduate in civil
Leader engineering with minimum 15 years of professional engineering
experience in the planning, designing, construction management, and
supervision of Government/Semi Government/Local Body projects with min. 05
years exp. as full-time/resident engineer on such projects. An added experience
on any of the categories of eligible projects would be an advantage with
exposure in HDPE pipeline works.
He should have experience of managing large road works, concrete works,
HDPE pipeline works and should have experience in establishing quality control
and assurance system for major construction projects using modern
construction technology, supervising establishment and operation of laboratory
etc.
He should be thoroughly familiar with the modern construction equipments,
intensive construction practices and methodology, manuals, codes and
guidelines to be followed during execution of the project. He should also be
capable of managing and coordinating activities of a project team.
Should have knowledge of local customs and culture and experience of working
in Maharashtra would be an added advantage. Should not be more than 65
years.
Deputy Team Leaders responsibilities shall be following:
To ensure construction work are executed in accordance with the
technical specifications and other works contract documents;
To verify the quantities of all items in the bill of quantities/fee
schedules and propose modifications, if required. He should use latest
technology for survey, quantity assessment and drawings amendments.
To review contractors construction methods, sequence of activities and
traffic management plan prior to start of any activity.
To record all measurements of work in measurement books and ensure
all quantity measurements and calculations done by the contractor, which is
required for payment, is as per the manner and frequency given in the
contract.
To identify construction problems and delays and recommend the
Team Leader, actions to expedite the progress.
To review all claims submitted by the Contractor and provide advice to the
23 | P a g e
 Sr. Position Min. years of experience, Specific professional expertise and roles
No. and responsibilities of professional staff
Team Leader of the validity of the claim which may arise the possibility
of extension of time from the contractor, the effect of such claim on the
construction schedule and the cost of the project;
To prepare detailed recommendations of any required variation orders
requested by the MIDC and review any variation order proposed by the
contractor and provide their advice to the Team Leader in accordance with
the contract;
To supervise the contractor and ensure the contractors compliance with
regard to Safety, environment, quality and technical issues as per the works
contracts and standard industry practices and report any deviation to the
team leader.
To maintain a daily project diary, which shall record all events
pertaining to the administration of works contract, request forms, orders,
provided to the contractor, all major activities and men and machinery
deployed by the contractor and any other information which can be of
assistance in resolving queries at the later date concerning with the
execution of the works;
To verify and order corrections in drawings supplied by the contractor, and
to approve/issue working drawings;
To organise monthly/periodical site coordination meetings among MIDC,
PMC and Contractor and the associated stakeholders to discuss issues
and constraints limiting progress of work and necessary strategy for its
mitigation and also to discuss future strategy for execution of the work.
- Co-ordinate for timely third party inspection of materials to be supplied
under the contract & also obtaining approval i.e. proof checking of designs,
drawings etc,.
To approve materials and sources of materials, review/modify/approve the
mix designs and material testing, laying methods, sampling and testing
procedures and quality control measures proposed by contractor;
To approve all the plant and equipments deployed by the contractor, check
the laboratory and field tests carried out by contractor and carry independent
tests if required.
To order special tests of materials and completed works and order removal
and substitution of improper materials and/or works, if required.
Support the team leader in day-to-day monitoring implementation,
quality and adherence to the design and drawings of the project.
Planning and coordination with contractors staff and other sector
experts of PMC team for integration of execution work activities to save
teams efforts, time and cost
Review the designs and drawings of all structures as per scope of
work as provided by the contractor and suggest modification, if required.
Also, carryout corrections and changes if required and generate Good-
for-Construction (GFC) Drawings of all civil structures.
Day to day monitoring of the implementation work of civil structures/
electrical & mechanical equipments at the site and ensure implementation
adhering to approved design and drawings.
Ensuring quality of works at site as per the standard industrial
practice and as per BIS/IRC/MORTH/ASTM other relevant codes,
guidelines and standard manuals.
Ensure adherence to safety standards at site as per standard
practice and also ensuring implementation of the project as per
applicable laws, rules, policies and guidelines

24 | P a g e
 Sr. Position Min. years of experience, Specific professional expertise and roles
No. and responsibilities of professional staff
Responsible for testing, analysis and approval of materials for
construction and other activities etc. related with the project.

To supervise the process of laying of pipes starting from

excavation, preparation of formation, trenches, embankments,
foundations, barricading, safety on sites, pipe handling and inspection,
jointing, pipe laying, welding, road/rail/river crossing, branch connections,
testing, coating, flushing and disinfection of mains, removal, restoration
and maintenance of paved footpaths after laying of pipe and any other
related work and ensuring that it is as per the relevant Indian codal
provisions and standard industry practices.
3. Quantity Must be a graduate in Civil engg. and preferably a Post- Graduate with minimum
Surveyor- 05 years of professional experience in Quantity surveying and billing of civil
cum-Billing engineering construction projects of all types of roads / major & minor bridge /
Engineer water & effluent retaining structures, building, HDPE pipeline etc. He should have
relevant experience in field of estimation, preparation and processing of invoices,
analyzing rates, checking survey details etc. of the project. He should also have
03 years of relevant experience in resource planning and scheduling, quantity
survey, cost control, contract management etc.
The roles and responsibilities of the Quantity Surveyor-cum-Billing
Engineer are:
Verification of contractors measurements on ground;
To review the bills of quantities prepared by the contractor for the
development of the Project and ensure compliance with all applicable laws
and guidelines;
Preparing Detailed measurements of work done for payment of
Running/Final Bills.
Preparation of RA bills of the work-checking-certification for payment in
time. Examine the claims and variation orders of the contractor.
Preparation of Rate analysis, Extra items/deviation items if any.
Monthly checking of Items of BOQ and reporting in advance for likely
exceeding BOQ quantities
Submission of Reports & Returns as specified in the contract
Maintaining all Files & Registers stipulated for inspection & updating
and to provide recommendations to MIDC; Keeping the records of
measurements and bills for the reference of MIDC at any time.
Support the Team leader in monitoring the implementation of the
Project.
All correspondence related to works and any other work, which comes
under the purview of Quantity Surveyor and Billing engineer.
Planning and coordination with contractors staff and other sector experts of
PMC team for integration of execution work activities to save teams efforts,
time and cost.
4 Site Must be a Graduate in Civil Engineering with Minimum 5 years experience in full-
Engineers / time on-site supervision of all types of roads / major & minor bridges / water &
Quality effluent retaining structures, buildings, HDPE pipeline etc construction projects. An
Control experience of on-site supervision of construction works related to (name of
Engineers
work) would be preferred. He should be well-versed with the survey
equipments and computer applications to help key experts in understanding the
design, extraction of details from the designs etc. They should also be familiar
with the modern techniques and equipments for highway/buildings construction.

25 | P a g e
 Sr. Position Min. years of experience, Specific professional expertise and roles
No. and responsibilities of professional staff
The roles and responsibilities of the Site Engineers are:
Day to day supervision and progress monitoring of the
implementation work at the site
Ensure implementation adhering to approved design and drawing
Ensuring quality of work at site as per standard practice
Ensure adherence to safety standards at site as per standard practice
Registering quantum of daily progress achieved at site
Support the Team Leader and the other Senior member of the team.
Assess and check the laboratory and field tests carried out by the
contractor, and carry out independents tests as per frequencies laid down in
the contract.
Co-ordinate with third party agencies appointed by MIDC for inspection of
materials
Co-ordinate with Government laboratory or laboratory appointed by MIDC for
testing of various construction materials.
Maintain records of all testing work, including cross-referencing of items of
work to which each test refers and location from which any samples were
obtained for testing.
To ensure that design and implementation work is as per the relevant
Indian provisions and standard industry practices.
Planning and coordination with contractors staff and other sector
experts of PMC team for integration of execution work activities to save teams
efforts, time and cost.
5 AutoCAD Must be a Diploma holder in Civil Engineering with minimum 5 years of
Draftsman experience. Certificate of Draftsman-ship with experience of at least 3years in
AutoCAD in Civil Works is also required. He should be fully conversant with all
types of roads / major & minor bridge / water & effluent retaining structures, building,
pipeline etc construction projects, designs and drawings using CAD etc. His
demonstrated efficiency in the computer shall be an added advantage. He should
be capable of generating computer aided drawings.
The roles and responsibilities of the AutoCAD Draftsman are:
Assisting Team Leader and other members of PMC team in
discharging day-to-day functions.
His main responsibility include modifications in the design and
drawings pertaining to constructions etc. as required during the execution
of works, besides discharging any other work given to him.
Drafting all working drawings, As built drawings etc

26 | P a g e
 Section 3. FORMATS FOR TECHNICAL AND FINANCIAL PROPOSAL
3.1 FORM-3A: TECHNICAL PROPOSAL SUBMISSION FORM
(On the letter head of the bidder)

To,
The Superintending Engineer,
Konkan Circle, MIDC,
Khanda Colony,
Panvel.

Sub.: Tender document for Selection of Consultant for Project Management Consultancy Services for
Remodelling of effluent collection system in L, M, V, T blocks and Part Chemical zone, in Taloja
Industriaal Area.

Ref: Tender Notice no (----)

Dear Sir,

With reference to your RFP Document dated [date], we, having examined all relevant documents and
understood their contents, hereby submit our Technical Proposal for selection as [name of
assignment]. The Proposal is unconditional and unqualified.

We are submitting our Proposal as [insert a list with full name and address of applicant firm]. If
negotiations are held during the period of validity of the Proposal, we undertake to negotiate in
accordance with the RFP document. Our Proposal is binding upon us, subject only to the modifications
resulting from technical discussions in accordance with the RFP.

We understand you are not bound to accept any Proposal you receive.

Further:

1. We acknowledge that MIDC will be relying on the information provided in the Proposal
and the documents accompanying the Proposal for selection of the Project Management
Consultant, and we certify that all information provided in the Proposal and in the
supporting documents is true and correct, nothing has been omitted which renders such
information misleading; and all documents accompanying such Proposal are true
copies of their respective originals.
2. This statement is made for the express purpose of appointment as the Consultant for the
aforesaid Project.
3. We shall make available to MIDC any additional information that may deem necessary or
require for supplementing or authenticating the Proposal.
4. We acknowledge the right of MIDC to reject our application without assigning any reason
or otherwise and hereby waive our right to challenge the same on any account
whatsoever.
5. We certify that in the last 3 (three) years, we have neither failed to perform on any
contract, as evidenced by imposition of a penalty by an arbitral or judicial authority or
a judicial pronouncement or arbitration award against the Applicant, nor been expelled
from any project or contract by any public authority nor have had any contract
terminated by any public authority for breach on our part.
6. We declare that:
a) We have examined and have no reservations to the RFP document,
including any Addendum issued by the Authority;
b) We do not have any conflict of interest in accordance with the terms of
the RFP document;
c) We have not directly or indirectly or through an agent engaged or indulged
in any corrupt practice, fraudulent practice, coercive practice, undesirable
27 | P a g e
 practice or restrictive practice, as defined in the RFP document, in
respect of any tender or request for proposal issued by or any agreement
entered into with MIDC or any other public sector enterprise or any
government, Central or State; and
d) We hereby certify that we have taken steps to ensure that no person acting
for us or on our behalf will engage in any corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice.
7. We understand that you may cancel the selection process at any time and that you
are neither bound to accept any Proposal that you may receive nor to select the Project
Management Consultant, without incurring any liability to the Applicants.
8. We certify that in regard to matters other than security and integrity of the country, we or
any of our affiliates have not been convicted by a court of law or indicted or adverse
orders passed by a regulatory authority which would cast a doubt on our ability to
undertake the Consultancy for the Project or which relates to a grave offence that
outrages the moral sense of the community.
9. We hereby irrevocably waive any right or remedy which we may have at any stage at law
or howsoever otherwise arising to challenge or question any decision taken by MIDC in
connection with the selection of Consultant or in connection with the selection process
itself in respect of the above mentioned Project.
10. We agree and understand that the proposal is subject to the provisions of the RFP
document.
In no case, shall we have any claim or right of whatsoever nature if the consultancy for the
Project is not awarded to us or our proposal is not opened or rejected.
11. In the event of our being selected as the Program Management Consultant, we agree to
enter into a Contract in accordance with the contract prescribed in the RFP document.
We agree not to seek any changes in the aforesaid form and agree to abide by the same.
12. We have studied RFP and all other documents carefully. We understand that except to
the extent as expressly set forth in the Contract, we shall have no claim, right or title
arising out of any documents or information provided to us by MIDC or in respect of any
matter arising out of or concerning or relating to the selection process including the award
of consultancy.
13. We have paid online All the fees in accordance of the RFP document.
14. We agree to keep this offer valid for 180 (one hundred and Eighty) days from the
proposal
Due Date specified in the RFP.
15. The Financial Proposal is submitted separately with this technical proposal. This
Technical Proposal read with the Financial Proposal shall be binding on us.
16. We agree and undertake to abide by all the terms and conditions of the RFP Document.

We remain,

Yours sincerely,

Authorized Signature [In full and initials]:

Name and Title of Signatory:

Name of Firm:
Address:
(Name and seal of the Applicant/Member in Charge)

28 | P a g e
3.2 FORM-3B: FORMAT FOR DETAILS OF THE BIDDER

Name of Bidder: Address of the office(s):

Date of incorporation and/or commencement of business:
(Please attach certified copy of registration of Firm)

Details of individual(s) who will serve as the point of contact / communication for MIDC with the Bidder:

(a) Name :

(b) Designation :

(c) Company/Firm :

(d) Address along with Pin code :

(e) Telephone number :

(f) E-mail address :

(g) Fax number :

(h) Mobile number:

29 | P a g e
3.3 FORM-3C: FORMAT FOR APPLICANTS FINANCIAL ELIGIBILITY (Average Annual
Revenue from Consultancy Services of Applicant firm)

Average Annual Revenue from Consultancy Services of Applicant

firm

Sr. No. Financial years Average Annual

Revenue from
1 2014-15
2 2015-16
3 2016-17
4 Average Annual Revenue from [indicate sum of above
. Consultancy Services of Applicant divided by 3]
firm

Certificate from the Statutory

Auditor
This is to certify that [name of company] [registered address] has received the payments
shown above against the respective years.

Name of Authorized Signatory

Designation
Name of firm
Signature of Authorized Signatory
Seal of Audit firm

Note:
1. In case the consultant does not have a Statutory Auditor, it may provide the certificate
from its Chartered Accountant.
2. Without the above certificate, the financial credentials should not be evaluated. In
support of the same, the bidder should attach audited balance sheets/Annual reports
of the firm.
3. For international applicants, calendar years 2014, 2015 and 2016 may be
considered.

30 | P a g e
3.4 FORM-3D(1): DETAILED SUMMARY OF SIMILAR PROJECTS CARRIED OUT IN LAST 05
YEARS
A: COMPLETED
PROJECTS

Sr. Project Name Description Value of Completion Actual Total Actual date
No. Name of the of the Contract time as stated completion Payment of
Employer services Rs in the Tender time Received completion
provided (Months) (Months) Rs
.
1
2
3
.
.

3.5 FORM-3D(2): DETAILED SUMMARY OF ONGOING PROJECTS

B: ONGOING
PROJECTS

Completion time
Value of
Sr. Client with Description as stated in the Percentage
contract in Remarks.
No. Address of the work Contract completion
Rupees.
(Months)

A Current works in
hand

Immediate
B
commitments.

31 | P a g e
3.6 FORM-3D-(3): APPLICANTS PROJECT EXPERIENCE FORM
[The information related with the completed/Ongoing Projects taken-up by the Applicants firm is to
be provided in the format below. One project has to be presented using separate sheets.

The projects completed / taken-up in last five years needs to be exhibited with copy of proof
of experience. The ongoing projects with 80% or more completion shall only be considered.
Projects without the proof of experience from Project Client/Statutory Auditor/Competent
Authority will not be considered for evaluation.

Assignment Name and project cost: Approx. value of the contract (Rs in Crore):

Country: Duration of assignment (months):

Location within country:
Name of Client: Total No. of staff-months of the assignment:

Address: Approx. value of the services provided by your

firm under the contract (Rs in Crore):

Start Date (Month/Year): No. of professional staff months provided by

Completion Date (Month/Year): associated Consultants: PMC to provide details
of each person position wise.
Name of Team Leader: Name of senior professional staff of your firm
involved and functions performed (indicate most
Name of Sub-Consultants, If any: significant profiles such as Project
Director/Coordinator, Team Leader):
Narrative Description of Project:
(highlight project capital cost in the narration)
Description of actual services provided by your staff within the assignment:

Firms Name:

Authorized Signature:

Note:
For the purpose of evaluation of applicants Rs Sixty only per USD shall be considered
as the applicable currency conversion rate. In case of any other currency the same shall
first be converted to USD as on the date 60 days prior to the proposal due date and the
amount so derived in USD shall be converted in to INR at the aforesaid rate. The
conversion rate of such currency shall be the daily representative exchange rates
published by the IMF for the relevant date.
Please limit the description of the project in two A4 size sheet of paper.
Descriptions exceeding two A4 size sheet of paper shall not be considered for evaluation.
One such format as above is to be used for providing details of each of the project.

32 | P a g e
3.7 FORM-3D (4): FORMAT FOR PROOF OF EXPERIENCE FROM STATUTORY AUDITOR /
COMPETENT AUTHORITY

[Using the format below, provide information on each assignment for which your firm, and each
associate for this assignment, was legally contracted either individually as a corporate entity or as
one of the major companies within a JV for carrying out consulting services similar to the ones
requested under this assignment.]

Use 6(six) best projects with copy of proof of experience.

Exhibit projects in the last five years.
Project experience without the client certificate will not be evaluated.

Assignment Name and project cost:

Country:
Location within country:
Name of Client:
Address:
Date of Work order
Approx. value of the contract (Rs in Crore):

Approx. value of the services provided by your firm

under the contract (Rs in Crore):
Duration of assignment (months):
Start Date (Month/Year):
Completion Date (Month/Year):
Name of Lead Partner:
Name of Associated Consultants, If any:
Total No. of staff-months of the assignment:
Name of senior professional staff of your firm involved
and functions performed (indicate most significant
profiles such as Team Leader, Deputy Team Leader,
Design Engineers, Quantity Surveyor etc):
No. of professional staff months provided by
associated Consultants:
Narrative Description of Project: (highlight project capital cost in the narration)
Description of actual services provided by your staff within the assignment:

Firms Name:

Authorized Signature:

Note:

Please limit the description of the project to 6 (12) single sided pages (six double sided pages) A4
size sheet of paper. Descriptions exceeding two A4 size sheet of paper shall not be considered for
evaluation.

33 | P a g e
3.8 FORM-3E: COMMENTS AND SUGGESTIONS OF APPLICANT ON THE TERMS OF
REFERENCE

A: On the Terms of Reference

1.

2.

3.

4.

5.

B: On the data, services and facilities to be provided by the client

1.

2.

3.

4.

5.

C: On Technical Proposal
1.

2.

3.

D: General Comments
1.

2.

34 | P a g e
3.9 FORM-3F: DESCRIPTION OF PROPOSED APPROACH & METHODOLOGY, ACTIVITIES-
BASED WORK PLAN, ORGANISING & STAFFING AND MANNING SCHEDULE OF THE
APPLICANT

Technical approach with methodology and work plan is key component of the Technical
Proposal. The consultant is suggested to present its Technical Proposal divided into the following
chapters:

a) Technical Approach and Methodology to take up the assignment

b) Activities-based Work Plan,
c) Organisation and Staffing which shall present the key qualifications of proposed
staff and understanding of their roles and responsibilities
d) Manning schedule

Technical Approach and Methodology:- In this chapter the consultant should explain
the understanding of the objectives of the assignment, approach to the services, methodology
for carrying out the activities to obtain the expected output and the degree of detail of
such output. The consultant should highlight the problems to be addressed along with their
importance and explain the technical approach the consultant would adopt to address them.
The consultant should also explain the proposed methodologies to adopt and highlight the
compatibility of those methodologies with the proposed approach.

Work P l a n :- In this chapter the consultant should 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 should be consistent with 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,
should be included here. The work plan should be consistent with the Work Schedule of Form
3O.

Organisation and Staffing:- In this chapter the consultant should propose the structure
and composition of the proposed team. The consultant should list the main disciplines of the
assignment, the key expert responsible, and proposed technical and support staff.

Manning Schedule:- This will present the activities of various key staffs and
associated timelines with each of them.

35 | P a g e
3.10 FORM-3G (A): TEAM COMPOSITION AND TASK ASSIGNMENT

1. Professional staff
Name of staff Firm Area of expertise Position assigned Tasks assigned

2. Support staff
Name of staff Firm Area of expertise Position assigned Tasks assigned

Consultants, who are executing ongoing mandates with the other Clients, must propose a separate
team of key personnel while bidding for this project. The Key Personnel proposed above should
be available for presentations/ discussions/ meetings with the MIDC and other Stakeholders etc.

3.11 FORM-3G (B): CERTIFICATE

I/We hereby certify that the rates have been quoted by me/us after:
a) I/We have fully acquainted myself/ ourselves with site conditions &
b) I/We have fully read, understood & accepted all terms, conditions, specifications & requirements
mentioned in these tender documents.

Stamped & dated

Signature of Contractor

3.12 FORM-3G (C): DECLARATION

I/We hereby declare that in the formation of our Company, either by way of partnership or consultant,
no MIDC ex-employee has been on the enrolment of the Company. It is further to certify that the ex-
employee of the MIDC, who has joined the Company, has completed 2 years from his date of
resignation from MIDC or from the date of retirement from MIDC.

Date :
Place : Signature of Contractor

36 | P a g e
3.13 FORM-3H: FORMAT OF CURRICULUM VITAE FOR PROPOSED PROFESSIONAL STAFF
(KEY STAFF, SUPPORT/FIELD STAFF AND OFFICE STAFF)

1. Proposed position
2. Name of firm
3. Name of staff [First] [Middle] [Surname]
4. Date of birth
5. Nationality
6. Education [Indicate college/university and other
specialized education of staff member, giving
names of institutions, degrees obtained, and
year of obtainment starting from the latest
degree]
7. Membership of Professional Organizations
8. Countries of Work Experience [List countries where staff has worked in the
last ten years]
9. Languages Language Proficiency (good/ fair/ poor)
Speaking Reading Writing
English
Hindi
Marathi
10. Employment record Name of Position held Duration
[Starting with present Organization
position, list in reverse YYYY to present
order every
employment held by
staff member since
graduation]

11. Details of tasks

assigned
12. Work Undertaken that [Among the assignments in which the Staff has been involved,
Best Illustrates indicate the following information for those assignments that best
Capability to Assigned illustrate staff capability to handle the tasks assigned]
Handle the Tasks Name of assignment or project:
Assigned Year:
Location:
Client:
Project Cost:
Main project features:
Positions held:
Activities performed:
13. Name of assignment or project:
Year:
Location:
Client:
Project Cost:
Main project features:
Positions held:
Activities performed:
14. Certification I, the undersigned, certify that to the best of my knowledge and
belief, this CV correctly describes me, my qualifications, and my
experience. I understand that any willful misstatement described
Herein may lead to my disqualification or dismissal, if engaged.

37 | P a g e
 Signature Signature
Date: [dd/mm/yyyy] Date: [dd/mm/yyyy]

Name of staff member: Name of Authorized Signatory:

Note:
Please strictly restrict the number of pages per CV to four (04) pages (two sheets if printed both
sides). The one-page summary shall be over and above the four (04) page CV. Pages in the CV
greater than these limits shall not be considered for evaluation.

Please strictly follow the above template for the key staff CV since any deviation may lead to
deduction in marks.

3.14 FORM-3I: FORMAT OF STAFFING SCHEDULE OF PROPOSED PROFESSSIONALS

S. Particulars Staff input (in the form of a bar chart) Total staff input
No. M1 M2 M3 M4 M5 M6 n (months)
A Name of key staff

B Name of support staff

Total

38 | P a g e
3.15 FORM-3J: FORMAT OF WORK SCHEDULE

A. Field investigations and study teams

Sr. Activity Months (in the form of a bar chart) Total

No. M1 M2 M3 M4 M5 M6 n (months)

Total

B. Completion and submission of reports

S.No. Reports Program (date)

39 | P a g e
3.16 FORM-3K: FORMAT FOR POWER OF ATTORNEY FOR AUTHORISED SIGNATORY
Know all men by these presents, We, [name of organization and address of the registered office] do hereby
constitute, nominate, appoint and authorise Mr / Ms [name], son/ daughter/ wife of [name], and presently residing
at [address], who is presently employed with/ retained by us and holding the position of [designation] as our
true and lawful attorney (hereinafter referred to as the Authorised Representative), with power to sub- delegate to
any person, to do in our name and on our behalf, all such acts, deeds and things as are necessary or
required in connection with or incidental to submission of our Proposal for and selection as consultant for
Project Management Consultancy for Remodelling of effluent collection system in L, M, V, T blocks and Part
Chemical zone in Taloja Industrial Area including but not limited to signing and submission of all applications,
proposals and other documents and writings, participating conferences and providing information/ responses to
the Authority, representing us in all matters before the Authority, signing and execution of all contracts and
undertakings consequent to acceptance of our proposal and generally dealing with the Authority in all matters in
connection with or relating to or arising out of our Proposal for the said Project and/or upon award thereof to us
until the entering into of the Contract with the Authority.

AND, we do hereby agree to ratify and confirm all acts, deeds and things lawfully done or caused to
be done by our said Authorised Representative pursuant to and in exercise of the powers conferred
by this Power of Attorney and that all acts, deeds and things done by our said Authorised
Representative in exercise of the powers hereby conferred shall and shall always be deemed to have
been done by us.

IN WITNESS WHEREOF WE, [name of organization], THE ABOVE NAMED PRINCIPAL HAVE
EXECUTED THIS POWER OF ATTORNEY ON THIS [date in words] DAY OF [month] [year in yyyy
format].

For [name and registered address of organization]

[Signature]
[Name]
[Designation]

Witnesses:
1. [Signature, name and address of witness]
2. [Signature, name and address of witness]

Accepted

Signature]
[Name]
[Designation]
[Address]

Notes:
1) The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid
down by the applicable law and the charter documents of the executant(s) and when it is so required
the same should be under seal affixed in accordance with the required procedure.
2) Wherever required, the Applicant should submit for verification the extract of the charter documents
and other documents such as a resolution/power of attorney in favour of the person executing this
Power of Attorney for the delegation of power hereunder on behalf of the Applicant.
3) For a Power of Attorney executed and issued overseas, the document will also have to be legalized by
the Indian Embassy and notarized in the jurisdiction where the Power of Attorney is being issued.
However, the Power of Attorney provided by Applicants from countries that have signed The Hague
Legislation Convention, 1961 are not required to be legalized by the Indian Embassy if it carries a
conforming Appostille certificate.

40 | P a g e
 SECTION 4 : Financial Proposal Standard Forms

Form 4A: Summary of Costs

Form 4B: Breakdown of Costs
Form 4C: Breakdown of Remuneration Of key staff
Form 4D: Breakdown of Out of Pocket Expenses

41 | P a g e
4.1 Form 4A: Summary of Costs

Item Amount in words Amount in figures Cost (INR)

Total Costs of Financial Proposal

Note:

1 The cost of the financial proposal should match with the break-up of the costs given as per
Form 4B, 4C & 4D.
2 If there is mismatch in the amount quoted in the summary of cost and the total of breakdown of
all costs then the lowest from the amount of above will be considered for evaluation.

42 | P a g e
 Please use separate forms for 4A, 4B and 4C

4.2 Form 4B: Breakdown of Costs

Cost Component Amount in words (INR) Amount in figures

(INR)
Remuneration A= 4C (A+B)
Out of pocket expenses B=4D
Cost of financial proposal =A+B
Note:

1 The cost of the financial proposal should match with the break-up of the costs given as per
Form 4C and 4D.
2 If there is mismatch in the amount quoted in the summary of cost and the total of breakdown of
all costs then the lowest from the amount of above will be considered for evaluation.

43 | P a g e
4.3 Form 4C: Breakdown of Remuneration of Key Staff and Support Staff
Staff-month Input Amount (in Indian
Name Position
Rate (Staff-months) Rupees)
A) Key Staff

Total of A

B)Support Staff

Total of B

Total A+B

Note:

1. in the summary of cost and the total of breakdown of all costs then the lowest from the
amount of above will be considered for evaluation

44 | P a g e
4.4 Form 4D: Breakdown of Out of Pocket Expenses

Sr. No. Description Unit Unit cost Quantity Amount(INR)

1. Per diem allowances(including Day
board and lodging)
2. Air Travel Trip
3. Local travel expenses Day
4.
5.
6.
Total

Note:

1. Service tax would be payable at the applicable rates as may be in force from time to time on
production of documents to that effect.
2. If there is mismatch in the amount quoted in the summary of cost and the total of breakdown
of all costs then the lowest from the amount of above will be considered for evaluation.

45 | P a g e
 SECTION 5 : TERMS OF REFERENCE AND SCOPE OF CONSULTANCY SERVICES

5.1 Introduction

1) MIDC is the premier industrial infrastructure development agency of Govt of Maharashtra for
setting up industrial areas. MIDC as a part of basic vital infrastructure has provided effluent
collection & disposal system and is a facilitator for establishment of common effluent treatment
plants & common hazardous waste treatment storage and disposal facility.

2) Taloja Industrial Area is established in the year 1970. The area is situated 8.00 Km away from
Panvel town & abutting to Old Mumbai-Pune Highway (NH-4) in Panvel Municipal Corporation
limits admeasures about 907.82 Hectares. MIDC hs provided all basic infrastructural facilities in
the area. Various industrial units in Engineering, Chemical, Pharmaceutical, Petroleum and
Information Technology sectors are established in this area.
Connectivity to industrial area;
1 Airport Mumbai (45 km)

2 Railways CST Mumbai ( 53 Km)

Thane (48 Km)/(35km)

Panvel (8 Km)

Navde (2 Km)

3 Roads State Transport (MSRTC), Municipal Transport

(NMMT,KDMT)

Ample residential, hospitality, eco-social facilities are available in adjacent urban

development of Panvel Municipal Corporation.

3) MIDC has provided Underground drainage collection system for collection of factory effluent &
laid gravity /rising trunk mains to carry effluent in to sumps. MIDC has constructed two sumps for
collection of effluent. Total length of drainage pipe line network is 49.72 Km. & the length of
pumping main in between Phase-I sump & CETP Phase-II sump is 7.72 Km. the treated effluent
at sump-I & CETP plant is disposed at Waghiwali creek (7.72 Km away) by pumping main.

4) MIDC has taken up remodelling of existing effluent collection system in Taloja Industrial Area in
phase wise manner. In the present proposal it is proposed to replace existing effluent collection
pipe lines with HDPE pipes in L, M, V, T blocks and Part Chemical zone. Total 32126 Rmt length
of existing pipeline is proposed to be replaced with HDPE pipes of various diameters ranging from
160mm to 560mm. The proposed work also consists of construction of RCC chambers, encasing
to pipeline in concrete and necessary allied works.

MIDC invites detailed proposals from eligible technical consultants (bidders) for
providing Project Management Consultancy Services for Remodelling of effluent collection
system in L, M, V, T blocks and Part Chemical zone in Taloja Industrial Area. This Tender document
is for the selection of consultant for Project Management Consultancy Services for Construction
supervision of the work forDD TALOJA INDL. AREA.....Taloja Industrial Area.....Remodelling of
effluent collection system in L, M, V, T blocks and Part Chemical zone.

5) For the purpose of understanding of the consulting firm, Project Management Services
involving but not limited to the independent review and approval of designs and drawings, day to
day supervision, monitoring of progress and quality of construction etc. during the
implementation/construction period of the project.
6) The bidders eligible for participating in the above assignment shall be a single Business Entity
46 | P a g e
 having undertaken and completed Project Management Consultancy Services described as
above for various civil works components viz. roads including major/minor bridge
structures, water supply treatment and distribution system, sewage collection/disposal and
treatment system, storm water drainage, solid waste management system, landscaping and
buildings and power supply and distribution systems etc. related with the eligible assignments.

5.2 Brief Objective of the PMC Assignment

1. The objective of the PMC services is to assist the MIDC to implement the project and to
ensure following key objectives:
a. High quality construction is achieved and to ensure that all woks are carried out in full
compliance with the engineering design, technical specifications and other
requirement as specified in the contracts document within the limited time frame.
b. High standard of quality control and observance of safety requirements in the
execution of work;
c. Review, modification and approval of designs and drawings, layouts, methodology,
work plan, sequence of activities of the contractor for start of work on site.
d. Supervise the testing procedures and processes in the lab and advise contractors
representatives for corrections and if necessary, conduct independent testing of
materials for verification of results.
e. Site Measurements and recording of the entire test reports, measurements etc. for
the reference of the MIDC.
f. Checking and verification and approval of contactors bills and invoices and approval
for the purpose of payment from MIDC. Verification of claims and variations from,
contractor.
g. The completion of work within the stipulated time period. The time period should be
strictly adhered to by the consultant and they have full responsibility for the timely
completion of the work.
h. The Comprehensive supervision of the project implementation activities carried out by
i. the contractor to ensure complete compliance of the drawings and technical
specifications. The efficient supervision by the personnel who have knowledge of
modern methods of construction supervision.
j. Adherence to safety, environmental and other necessary compliance in relation to the
construction activities.
5.3 Detailed Scope of Consultancy Services

1. MIDC, in its role as "Client", will employ a consultancy firm to undertake the supervision
of construction of the work, Taloja Industrial Area......Remodelling of effluent collection system
in L, M, V, T blocks and Part Chemical Zone.

2. The Consultant shall ensure that the civil and all allied works of construction of the work,
Taloja Industrial Area......Remodelling of effluent collection system in L, M, V, T blocks and
Part Chemical Zone. includes all the work required to complete the project successfully. The
major activity shall be to verify and control the scope of the work, Remodelling of effluent
collection system in L, M, V, T blocks and Part Chemical Zone, along with generation of
payment certificates for the contractor, generation of reports for the client and conduct all those
activity that are required to complete the work within budget and time.
3. At the pre award stage itself the supervision consultants are required to develop proper
Understanding of the project design and drawings. And within the first one month of Services,
the Supervision Consultant shall review the DPR documents which includes administrative
approval, technical sanction, tender document, Environment Management Plans, Engineering

47 | P a g e
 reports pertaining to the Construction package and also provide MIDC, its feedback on the
contractors submission during this period, with the necessary corrective measures. Minor
design changes to suit site requirements shall be attended by the Consultant.
4. During the course of construction works, if there be any modifications required in the design
drawings depending on the site conditions or for any other valid reasons, the consultant shall
recommend to MIDC/contractor for revision of the designs and drawings and shall facilitate in
preparing Good-for-Construction (GFC) drawings based on site requirements on approval
from MIDC. The same Team should support, in carrying out the work. No additional payment
shall be made for this purpose.
5. The consultant shall scrutinize the Contractors detailed work programme, suggest
modification, if any, in works programme after a careful study and ensure timely completion.
6. Scrutinise the Construction methods proposed by the Contractor for carrying out the works to
ensure that these are satisfactory with particular reference to the technical requirements,
project implementation schedule and environment aspects as well as safety of works,
personnel and the generic public.
7. Formulate quality assurance system for Supervision Process. The consultant has to
prepare a Supervision Manual, the primary objective of which will be to evolve guidelines
for administration, supervision and management of the project. The manual will merely act
as a guide and reference to help the staff in the management and supervision of the
project and in discharging their duties in a smooth and systematic manner.
8. Obtain quality assurance system of Contractors and approve.
9. Setting out & review of alignment plan and profile for the work in subject based on Tender
drawings and survey carried out by the Contractor. And carryout revisions and
redesigns if required.
10. To prepare revised estimates, modify alignment carry out detail survey of alternative route
etc., if required and accordingly advise in modifying the estimate and in contract scope.
11. Review 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.
12. Prepare recommendatory note for contactor to update drawings as required during
the contract period and supply to the contractor in time.
13. Measurement of quantities and certification, recording measurements, certify the quality
of work, verify and certify interim and final payment certificate of the contractor.
14. The bills of quantities with detailed measurements shall be prepared for all items of work
required for the construction of subject work. The mode recording measurements of
items shall be in accordance with the standard adopted by MIDC
15. Examine the monthly statements of contractors.
16. Ensure validity of various securities furnished by Contractor.
17. Examine Contractors preparation and the completed portion of the work as per
Request- For-Inspection (RFI) and promptly advise the contractor.
18. Ensure taking requisite samples during execution and promptly advise the contractor
about the result.
19. Carry out regular inspection of the Contractors equipment, plant, machinery, installations,
housing and medical facilities etc. and ensure they are adequate and are in accordance
with the terms and conditions of the contract.
20. Monitor and report on the implementation of environmental and social management plan.
21. Inspect the works on Completion before taking over and indicate to MIDC on any
outstanding work to be carried out by the Contractor during the Defect Liability Period.
22. The Consultant shall record the survey control points and bench marks, and handover
the physical control points and bench marks to the Contractor along with the record. They
48 | P a g e
 shall approve setting out of the works done by the contractor and record the initial
measurements jointly with the Contractor in the presence of MIDCs representatives.
23. The supervision teams headed by the Team leader will be composed of qualified
and experienced professionals, who can carry out all the routine construction
supervision as a fully competent and independent unit. However, in preparing its proposal
for the Construction Supervision Services, the Consultant should allow for a suitable
mechanism which will ensure thorough co-ordination of the teams, so that each team is at
all times fully aware of the remedies to common problems used by the other team, so that
the full experience of all the members of the team as well as that of the Team Leader and
his staff can be harnessed.
24. The Team leader shall be responsible for overall supervision, coordination and
management of all the projects assignment. The Team leader shall report to
the designated Engineer/Officer of MIDC on day to day basis updating the progress of
the work.
25. Generally the composition of a PMC and the man month of each of the Team Member in
a PMC shall be determined on the basis of work proximity, work load by MIDC in
consultation with the Team leader and further that any given Team Member may also be
deployed to work simultaneously depending on the quantum of work. Decision of Engineer
in Charge in this matter shall be final.
26. The composition of a PMC shall be as follows:-

Sr No Key Staff No. Min Exp. Duration Man

(in yrs.) (months) Months
1 Team Leader 1 20 24 24
2 Deputy Team Leader 1 15 24 24
3 Quantity Surveyor-cum-Billing 1 5 24 24
Engineer
4 Site Engineers/ Quality Control 2 5 24 48
Engineers
5 AutoCAD Draftsman 0.5 5 4 2

The PMC shall take prior written approval of MIDC before mobilization of any of
above professional staff.
27. It may be noted that before deployment of any of the key staff as above, Team Leader
shall inform before 30 days in writing to MIDC and take prior written approval from MIDC.
The support staff/office staff listed here is tentative and more staff can be deployed
based on the progress of work and quantum of assignment, but only with prior approval of
MIDC.
28. The Team leader shall be deployed within 10 days of the written intimation issued by
MIDC whereas the other team members shall be deployed within 15 days of written
intimation issued by MIDC, as required. However the exact composition of a
particular PMC shall consist of any or all the above mentioned functionaries depending
on the requirement of the project. It could also consist of more than one member of
one type of functionaries. The charter of duties will be decided by MIDC.
29. The Consultant shall be responsible for supervision, quality assurance and adherence to
approved tender cost of the projects during execution & implementation of works at site.
The Consultant shall also be responsible for checking the layouts, taking measurements,
checking and certifying contractors bills.
30. The Consultant shall assist in obtaining the requisite statutory approvals related to
the entrusted works, handing over the completed works to MIDC or its designated
agencies on its completion. The Consultant shall also carry out scrutiny to ensure
sufficiency of the reports, drawing, designs, estimates, BOQ etc. prepared by MIDC/
49 | P a g e
 consultant assisting MIDC in finalising extra items, claims of contractor.
31. The Consultant shall carry out scrutiny and assist in processing of tender documents for
the various works under the project incorporating all statutory / mandatory provisions in
respect of labour laws, taxes/ levies etc. as per relevant rules, and obtaining approval from
MIDC. The Consultant shall assist MIDC in Tender Process Management which shall
include pre tender meetings, compilation of queries, preparation of draft response,
opening and evolution of tenders, negations if required and signing of agreement etc.
32. The Consultant shall be responsible for the day to day supervision of construction
works at site through contractors, quality control, taking measurements, entering
measurements in the Measurement Books certifying and finalizing the bill of contracts,
handing over completed works and attend to audit queries & all arbitration / litigation
cases with respect to the project.
33. In case, any such necessity comes up within two years after the expiry of contract, the PMC
shall be obliged to attend to the set of queries and assist MIDC by deputing competent
personnel for clarification.
34. The Site Engineer of the PMC is required to check 100% measurements, the Senior Engineer
is required to check minimum 90% measurements, and the Team leader is required to check
minimum 25% measurements. The same has to be endorsed in measurement book, along with
the each receiving bill. All measurements should be submitted along with requisite test results
carried out as per frequencies laid down.
35. The Consultant shall check and finalize contractors detailed programme of activities
commensurate with the tender provisions, requirement of labour, materials & samples and
delivery of products requiring long lead-time procurement
36. The Consultant shall conduct preliminary interaction with the contractor and shall liason with
the design consultant, proof checking consultant to ensure timely release of drawings well in
advance as per the requirement.

37. The Team leader of the PMC, shall exercise, perform all the duties, liabilities, functions and
obligations as Engineer-in-Charge as may be laid down in the Contract documents for
construction by MIDC, with reasonable skill, care and diligence and also ensure that the
works are executed at site strictly as per the terms and conditions of the Contract Agreement
entered between MIDC and the respective Contractors, within the given time frame & budget
provisions and approval granted by MIDC. However he will perform his duties under
designated Engineer officer of MIDC and report to him.
38. The Consultant shall be responsible for the field supervision carrying out field tests on
materials, structures etc. and obtaining necessary approvals thereon and maintaining
adequate records thereof on the forms prescribed by the MIDC. The PMC shall ensure proper
establishment of field laboratories/quality control equipments on site by contractors to conduct
tests on materials/mixes being used for construction such as soil, metal, cement, steel, bricks,
mortars, concretes, asphalts etc. Essential gauges, instruments etc. should be got calibrated
periodically. The Project Management consultant shall maintain necessary site records and
obtain data in support of the same. They shall carry out field and laboratory tests on
materials of construction as well as partially or completely erected structures etc. and maintain
adequate records thereof.
39. The PMC shall avoid cropping up of Extra items/Excess quantities substituted items and
deviations should strictly be avoided. However, in unavoidable circumstances extra
items/substituted items, deviation the necessary statement duly supported by justification and
analysis of rates shall be submitted as per MIDC/MJP/MCGM/WRD/PWD/Manufacturer or
supplier formats or any other formats approved by MIDC along with consultants
recommendations for extra/substituted items. The Project Management Consultant
should ensure that the case is put up for MIDCs approval early enough so that in no case
construction work suffers on this account. As regards grant of time extension cases, prior
approval of MIDC should be obtained by Project Management Consultants.
40. The Consultant shall suggest modifications, if any, due to site conditions and submit the
recommendations along with cost variations on account of the same to MIDC for approval.
41. The Team leader shall be responsible for the planning and monitoring progress by using

50 | P a g e
 modern methods of control such as computerized PERT / CPM (by latest version of
Primavera or MS-Projects), submission of progress reports of work executed weekly, monthly.
Both financial and physical progress reports with reference to prefixed targets will be
prepared. Constant review of progress within present time and cost parameters will have to
be done. The consultant shall suggest improvements from time to time. The consultants
shall also inform MIDC of the progress of the project vis--vis PERT/CPM controls on a
fortnightly basis.
42. Liasoning and co-ordination with the Govt & Semi. Govt. agencies/Local Bodies, statutory
authorities, etc. Attending meetings with Govt./ Semi. Govt / Private bodies and co-ordination
regularly to facilitate the proper and timely implementation of the project
43. Consultant has to assist & follow-up for permission required from any Statutory
Agency/Organization, till obtaining necessary approval/clearances/NOC and implement the
conditions imposed by such Statutory Authorities. Deposits/Statutory fees for the shall be paid
by MIDC or Contractor.
44. The consultant shall identify the trees which are required to be cut/ transplanted during the
construction phase of the project and prepare a tree cutting proposal for submission to Tree
Authority and obtain approval. Deposit for the trees to be cut shall be paid by MIDC or
Contractor. Requirement of compensatory plantation in lieu of the trees to be cut shall be
prepared following the norms and practices of Tree Authority.
45. The Consultant shall prepare & update plans, which show the location of existing underground
and above ground public utilities in coordination with the utility provider. These plans shall
show the works proposed for diversion or replacement under the contract. The Consultant shall
prepare a report identifying and covering various utilities, which are likely to be installed in the
near future so as to enable a co-coordinated plan for simultaneous implementation wherever
possible. The shifting of utilities, if encountered shall be done by agencies fixed by the
respective owing depts. The consultant shall coordinate and liaison with these agencies and
facilitate them to carry out the allied works. However, some utilities may be required to be
shifted by the contractor during execution etc. PMC will check the estimate for the same and
ensure that all these activities are completed in scheduled time.
46. The Consultant shall ensure the contractual obligation such as implementation of Labour
laws, environmental/safety management system obligations and other statutory regulations
are adhered during the construction to completion stage. The Consultant shall ensure
adherence of safe working procedures at construction site and conduct safety audit at site
and shall submit monthly safety audit reports to the MIDC non-adherence to the safety
instruction, unsafe practices followed by the contractor if any and shall report any accident
and its analysis with recommended preventive and corrective actions.
47. The Consultant shall be required to participate in the project review meetings held from time
to time by MIDC, as also to participate in emergency or extraordinary meetings held to deal
with any emergency, force majeure event or other exigencies.
48. The consultant shall submit monthly compliance of environmental safe guard measures
implemented by the contractors.
49. The Consultant shall be responsible for assessing, verifying and sending replies to the day-to-
day issues raised by the contractors during the execution of work or after completion of the
work. However, in case of any claims with financial implication, approval of MIDC shall be
obtained. Nothing extra will be paid to the consultant for such works. The consultant shall
work as conciliator in the event of any dispute arising between the parties before the matter
goes to legal forum. Consultant shall deal with all Arbitration /litigation cases either with
Arbitrator or with any other Court of Law during the contract period as defined in the
agreement till its conclusion. The Consultant shall provide all technical services/ guidance/
51 | P a g e
 advice as may in any way relate to or arise out of the construction of the said work as have
been entrusted to the Project Management consultant by MIDC.
50. The Consultant shall collect and deliver to MIDC any specific written warranties or guarantees
given by others, including all required trade contractor guarantees and warranties.
51. The Consultant shall prepare a realistic cash flow/ expenses on budget head for the project
on available information and update the same as required on a regular basis to reflect the
current status.
a) To write a daily project diary which shall record all events pertaining to the administration of the
contracts, requests from and orders given to the contractors, and any other information which may
at a later date be of assistance in resolving queries which may arise concerning the execution of
the works and shall be submitted to Engineer-in-charge. Format for maintaining such record shall
be decided mutually between the consultant and MIDC.
52. The Consultant shall keep MIDC apprised of any delays; keep a hindrance register indicating
all details of all such delays which will also be furnished with recommendations for approval of
MIDC for grant of extension of time by MIDC to contractors. The Team leader shall explain the
reasons for the delay and action to be taken/already taken to correct the situation in the
monthly progress report.
53. Reconciliation of the quantities for the final bill shall be done by the PMC before the final bill is
submitted to MIDC. The PMC shall ensure that all the test reports /certificates, guarantees,
warrantees bonds are obtained in advance.
54. Obtain and submit all the records and the records of any changes made in the works during
the progress of works and submit adequate number of completion reports and completion
drawings for the project, prepared by the contractor/ consultant incorporating all such
changes, duly authenticated as required for obtaining Completion/Occupancy Certificate"
from statutory authorities, wherever required. Submit two soft copies of the entire drawings /
documents & two sets of drawings on reproducible paper for the works executed to the
Project Coordinator/Designated Engineer-in-Charge, MIDC.
55. Verification of work on its completion and issuing completion certificates (virtual as well as
actual) for the completed works, so as to enable MIDC to record completion of the works.
56. Verification by taking and recording joint measurements of the final bill to be submitted by the
contractors, process, certify and recommend as per the terms and conditions of contract
agreement for release of final payment by MIDC and attend to the observations /queries
raised while processing the same for payments by MIDC.
57. The Consultant shall be equally responsible for executing, completing the work as per
specifications and if any directions of Court or any Statutory Authority is received regarding
quality of work, then the decision will be binding on the Consultant for rectification. The
Consultant will integrate the necessary compliances prescribed by statutory authority to mitigate
adverse effects during construction and commissioning.
58. PMC will assist MIDC in resolving and providing compliance to any audit queries, which shall
arise during the tenure of PMC Project Assignment.
59. To assist Engineer-in-charge in all dispute redressal mechanism. Replying relevant RTI
queries, LAQs, suggestion/complaints etc. observations/queries of AGs audit, Third Party
Quality Auditor or any other queries received.
60. The Consultant shall maintain complete documentation and render all technical services as
may in any way relate to or arise out of the construction of the said work as have been
entrusted to the Project Management consultant by MIDC. The Team leader will report to the
designated officer of MIDC and provide feedback to him as per the requirement and
frequency given.
a. To maintain all relevant records in their office up to 5 years from the date of expiry of defect
liability period & assist MIDC in compliances of future queries if any.
61. The Consultant shall prepare an alternate register for all the Team of PMC and submit a

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 monthly time sheet in the first week of every month and same shall be counter signed by the
designated Engineer/Officer of MIDC.
62. The Consultant will duly authenticate and certify the as built drawings, submitted by the
Contractor.
63. The Consultant will prepare a comprehensive final completion report of the construction
package after completion of the work. The report shall contain summary of the method of
construction, the construction supervision performed, problems encountered and solutions
undertaken, and the Maintenance manual. The consultant shall also submit the as built
drawings prepared by the Contractor at an appropriate scale indicating all the details of
services duly authenticating and supply multiple sets of as built/completion drawings to MIDC
also hand over the originals of the completed drawings.

5.4 Technical Qualification and Professional Experience of the PMC Team

1. The technical qualification and professional experience of the key staff, support
staff/field staff and Office staff have been provided in detail earlier in document
at clause 2.11. The bidder is advised to refer to these qualifications and
experience and select the PMC team member accordingly and also as per the
eligibility criteria provided therein as this shall form important part of the contract.
2. Marking in the evaluation of CVs of proposed PMC team shall be done as per
the broad evaluation criteria provided in clause 2.6.

5.5 Deployment of Personnel

1. The key personnel of Core PMC Team consisting of Team leader/Deputy Team Leader/Design
Engineer shall not be replaced during the service agreement period except on any unavoidable
circumstances.
2. MIDC shall instruct the consultant to empanel personnel in advance, for the PMCs as it may
deem necessary as per the implementation plans of projects. The Consultant shall submit
CVs of personnel proposed to be deployed within 10 (Ten) days of written intimation
issued by MIDC. The qualifications and experience of personnel shall conform to the
qualifications and experience set out in the TOR. The age of all key staff of PMC including
Team Leader shall not exceed 65(Sixty Five) years. If the personnel are found suitable a
written approval shall be issued by MIDC. If any personnel are not found suitable, MIDC shall
request the consultant to submit other CVs and the same procedure of approval shall follow.
3. The personnel approved by MIDC shall be deployed by the Consultant within 15 (Fifteen)
days of written intimation issued by MIDC.
4. No staff of PMC Team including Key staff, Support Staff, as listed in the table earlier in this
document should be deployed without the prior written approval of MIDC.

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 5.6 Replacement of Personnel
1. Should it become necessary due to unavoidable circumstance to replace personnel of the
team specified by name the consultant shall forthwith provide a replacement acceptable to the
MIDC with comparable or better qualifications and an interview shall be conducted by MIDC at
Mumbai with no extra cost with that replaced personal. The personal shall only be engaged
after approval of MIDC. In the event that the person replaced is, at the time of replacement, in
the field, the consultant shall bear the travel and other related costs arising out of or incidental
to the replacement. The rate of remuneration allowable for such replacement shall be the
same as agreed between the MIDC and the consultant for the person being replaced as per
the contract document. Kindly refer to the SC clause 5.5.2 for more details.
2. In the event that any of the personnel is found by the MIDC to be incompetent, or guilty of
misbehaviour or incapable in discharging the assigned responsibilities satisfactorily, the MIDC
may instruct by giving a notice of 30 (Thirty) days to the consultant, at the expense of the
consultant, to forthwith provide a replacement with suitable qualifications and experience
acceptable to the MIDC. The decision of MIDC in such as event shall be final and binding on
the consultant.
5.7 Deployment Schedule
1. The number of positions and duration of deployment of personnel shall be decided and
reviewed and adjusted from time to time by MIDC in consultation with the consultant and
contractor for the work, as may be appropriate for efficient performance of services provided
that such adjustment shall be within the estimated cost. The consultant shall cause adjustment
in the deployment schedule without delay.

5.8 PMC Office Set-up

1. Arrangement of office space near project site shall be made by PMC itself at his cost along with
furniture etc.
2. The Consultant should engage adequate number of necessary office attendants, data entry
operators and support staff for the smooth execution of the work. No additional payment shall
be made for this purpose.
3. The Consultant, at its own cost procure install, operate, maintain office equipments such as
computers, Printers, A0 size colour plotters, A3 size colour scanners, Fax machine, UPS and
other peripherals and all consumables as required for efficient discharge of duties.
4. The Consultant shall procure latest versions of licensed Software including Windows, Auto
CAD Civil 3D, or MX-Roads, Water Gem, Sewer Gem, Hammer, Microsoft Office,
Microsoft Project or Primavera etc. and antivirus software as per requirement for the project
period. All the data back-up in soft-copy format should be stored by the PMC and a copy of the
same is to be provided to MIDC on Monthly basis.
5. The Consultant shall procure and keep it activated, internet connection, telephone
connections and mobile cell phones for the team members during the project period.
6. The consultant shall procure, operate and maintain at its own cost necessary ample number
of vehicles for the use of its members during the project period.

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 5.9 PMC Reporting Requirement
1. The PMC shall submit the 5 hard copies and 2 soft copies in CD ROM in the assignment of
24 months, the following reports and deliverables listed in the Table below:

Sr. No. Report Frequency Due Date

1 Inception report
2 Quality assurance and
control Manual
3 Construction
Supervision Manual
4 Safety Plans along with
Traffic Management
5 Utility Shifting, EMP,
RAP if required
6 Progress Reports
7 Engineering Report
One time Within 15 days of issue of work order
One time Within 30 days of issue of work order
One time Within 30 days of issue of work order
One time Within 30 days of issue of work order
- Fortnightly for first 6 months and
thereafter monthly till completion
Weekly, fortnightly Weekly: Every Monday
and Monthly Fortnightly: Within 3rd day of expiry
One time As requested by the client

8 Contract Completion One time On completion of contract

Report
9 Final Report One time On handing-over

10 Operation and One time After As discussed with the client

Maintenance Manual
11 Payment Certificate for As and When 15 days after submission of RA bill
approval of Contractors Submitted by the from the Contractor.

2. The respective contents within the above reports have been described in details in special
conditions of the contract agreement.

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 SECTION 6 : STANDARD FORM OF CONTRACT, GENERAL CONDITIONS OF
CONTRACT AND SPECIAL CONDITIONS OF CONTRACT

STANDARD FORM OF CONTRACT

CONTRACT FOR PROJECT MANAGEMENT CONSULTANCY SERVICES

Between

[Executive
Engineer, MIDC
Dn. Alibag]

and

[Name of Consultants]

[Date]

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 Part-A:
Contract to undertake Project to Management Consultancy Services for
Construction supervision of work for DD-TALOJA INDL. AREA .... Taloja
Industrial Area...... Remodelling of effluent collection system in L, M, V, T blocks and
Part Chemical Zone.
This CONTRACT (hereinafter called the Contract) is made on the [Date in words] day of the month of
[month] [year in yyyy format], by and between

The Executive Engineer, MIDC, Division Alibag, having office at Revas Road, Nag-dongari, Chendhare,
Alibag, Dist. Raigad, PIN-402201, Maharashtra, India, hereinafter referred to as the Client (which
expression unless repugnant to context or meaning thereof shall include its successors, affiliates and
assigns) of the First Part.

and

[Name of Consultant firm and registered address] (hereinafter called the Consultants)
(which expression unless repugnant to context or meaning thereof shall include its
successors, affiliates and assigns) of the second part.

WHEREAS
a) The Client has requested the Consultants to provide certain Project
Management Consultancy services as defined in the General Conditions attached to this
Contract (hereinafter called the Services);
b) The Consultants, having represented to the Client that they have the required
professional skills, personnel and technical resources, have 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:

a) The General Conditions of Contract (hereinafter called GC);

b ) The Special Conditions of contract (hereinafter called SC);
c) The following documents of RFP cum RFQ
(i) Terms of reference containing, inter-alia, the Description of the Services and reporting
requirements,
(ii) Consultants Key Professional Personnel, Sub Professional Personnel, and their roles
and responsibility as defined in the RFP document, Task assignment, work programme,
manning schedule, Curriculum Vitae including qualification requirements of key
personnel and support staff, schedule for submission of various deliverables etc.
(iii) Approach and methodology
(iv) Duties of the Client
(v) Cost Estimate and Financial Proposal
(vi) Conformed Document which incorporates all the changes, modifications and results of
the contract discussion
(vii) Copy of Letter of Award
(viii) Copy of letter of Award/ acceptance by Consultant
(ix) Copy of Bank Guarantee for Performance Security
(x) Clarifications, corrigenda and Addenda
(xi) Hours of work for Consultants Personnel

(xii) Correspondences
(xiii) A copy of the Tender Document duly signed by the Authorised representative of the
consultant firm with the company seal.

2. The mutual rights and obligations of the Client and the Consultants shall be as set forth in
the Contract; in particular:
a) The Consultants shall carry out the Services in accordance with the provisions of

57 | P a g e
 the Contract; and
b) Client will make payments to the Consultants 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 CLIENT

[Signature]
[Name]
[Designation]

FOR AND ON BEHALF OF CONSULTANT

[Signature]
[Name]
[Designation]

Witness:
1. [Signature, name and address]
2. [Signature, name and address]

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 Part-B: GENERAL CONDITIONS OF THE CONTRACT

6.1 General Provisions

6.1.1 Definitions
Unless the context otherwise requires, the following terms whenever used in this Contract have
the following meanings:

a) Employer Maharashtra Industrial Development Corporation, a Government of

Maharashtra undertaking established under MIDC Act 1962, having its HQ at Udyog
Sarathi, Mahakali Caves Road, Andheri (East) Mumbai 400093 or any other officers so
nominated by the Corporatio;
b) Applicable Law means the all laws, bye-laws, rules, regulations, orders, ordinances,
protocols, codes, guidelines, policies, notices, directions, judgments, decrees and any other
instruments having the force of law in India as they may be issued and in force from time to
time;
c) Affiliate means, with respect to any Party, any other entity that, directly or indirectly: (a)
Controls such Party; (b) is Controlled by such Party; (c) is Controlled by the same person
who, directly or indirectly, Controls such Party; and Control with respect to any person, shall
mean: (a) the possession, directly or indirectly, of the power to direct or cause the direction of
the management and policies of such person whether through the ownership of voting share
capital, by agreement or otherwise or the power to elect more than one-half of the directors,
partners or other individuals exercising similar authority with respect to such person; (b) the
possession, directly or indirectly, of a voting interest of more than 50%; and the terms
Controlling and Controlled by shall be construed accordingly;
d) Client means the Party named in the Contract, who employs the Consultant i.e. MIDC;
e) Consultant or Consultants means the party named in the Contract, who is employed as an
independent professional firm by the Client as PMC to perform the Services;
f) Contract means the Contract signed by the Parties, to which these General Conditions of
Contract (GC) constitute a part, together with all other documents including Special
Conditions of Contract listed in this signed Contract;
g) Contract Price means the price to be paid for the performance of the Consultants Services;
h) GC means the General Conditions of Contract;
i) Government means the Government of Clients country;
j) Local Currency means the currency of the Government;
k) Material Adverse Effect means material adverse effect on (a) the ability of the Consultant to
observe and perform any of its rights and obligations under and in accordance with the
provisions of this Agreement and/or (b) the legality, validity, binding nature or enforceability of
this Agreement;
l) Master Services Agreement (MSA) shall mean the same as contract;
m) Party means the Client or the Consultants, as the case may be, and Parties means both of
them;
n) Performance Security/Security Deposit shall mean the irrevocable and unconditional
bank guarantee provided by the Consultant, on a specialised format provided by the client,
from a scheduled Indian bank as guarantee for the performance of its obligations in respect of
the Contract;
o) Personnel means persons hired by the Consultants or by any Sub-consultant as employees
and assigned to the performance of the Services or any part thereof; Project means [Project
Management Consultancy Services for Construction supervision of work for DD-TALOJA
INDL. AREA .... Taloja Industrial Area...... Remodelling of effluent collection system in L, M, V, T
blocks and Part Chemical Zone.
SC means the Special Conditions of Contract by which these General Conditions of the
59 | P a g e
 Contract may be amended or supplemented;
p) Services means the work to be performed by the Consultants pursuant to this Contract as
described in TOR;
q) Work Order means a specific directive or order to perform a defined scope for a defined
duration and fee;
r) Corrupt Practice means the offering, giving, receiving or soliciting of anything of value to
influence the action of a public official in the selection process or in contract execution;
s) Fraudulent Practice means a misrepresentation of facts in order to influence a selection
process or the execution of a contract to the detriment of the Client, and includes collusive
practice among consultants (prior to or after submission of proposals) designed to establish
prices at artificial non-competitive levels and to deprive the Client of the benefits of free and
open competition.
1. Address for sending Notices and communication to the Parties: Any notice, request
or consent made pursuant to the Contract shall be in writing and shall be deemed to have
been made when delivered in person to an authorized representative of the Party to whom
the communication is addressed, or when sent by registered mail, email, or facsimile to
such Party at the address specified in the SC.
2. Interpretation: In the Contract, unless the context otherwise requires:
a. The singular includes the plural and vice versa and any word or expression defined
in the singular shall have a corresponding meaning if used in the plural and vice
versa. A reference to any gender includes the other gender.
b. A reference to any document, agreement, deed or other instrument (including,
without limitation, references to the Contract), includes a reference to any
document, agreement, deed or other instrument as may be varied, amended,
supplemented, restated, novated or replaced, from time to time.
c. A reference to any document, agreement, deed or other instrument (including,
without limitation, references to the Contract), means a reference to such document,
agreement, deed or other instrument and to all appendices, annexes, schedules and
parts attached or relatable thereto, all of which shall form an integral part of such
document, agreement, deed or other instrument, as the case may be.
d. A reference to any Applicable Law includes any amendment, modification, re-
enactment or change in interpretation or applicability of such Law and a reference to
any statutory body or authority includes a reference to any successor as to such of
its functions as are relevant in the context in which the statutory body or authority
was referred to
e. Where a word or phrase has a defined meaning, any other part of speech
or grammatical form in respect of the word or phrase has a corresponding meaning.
f. The words include and including are to be construed without limitation. The
terms herein, hereof, hereto, hereunder and words of similar purport refer
to the Contract as a whole. Where a wider construction is possible, the words
other and otherwise shall not be construed ejusdem generis with any foregoing
words.
g. In the Contract, headings are for the convenience of reference only and are not
intended as complete or accurate descriptions of the content thereof and shall not
be used to interpret the provisions of the Contract.
h. Any obligation not to do something shall be deemed to include an obligation not to
suffer, permit or cause that thing to be done. An obligation to do something shall be
deemed to include an obligation to cause that thing to be done.
i. The rule of interpretation which requires that a Contract be interpreted against
the person or Party drafting it shall have no application in the case of this Contract.
j. References to a person (or to a word importing a person) shall be construed so as
to include:
i. Individual, firm, partnership, trust, joint venture, company, corporation,
body corporate, unincorporated body, association, organization, any

60 | P a g e
 government, or state or any agency of a government or state, or any local or
municipal authority or other Governmental Authority (whether or not in each
case having separate legal personality);
ii. That persons successors in title and assigns or transferees permitted
in accordance with the terms of the Contract; and
iii. References to a persons representatives shall be to its officers,
Personnel, legal or other professional advisors, agents, attorneys and other
duly authorized representatives.

6.1.2 Relations between the Parties

Nothing contained herein shall be construed as establishing a relation of master and servant or of agent
and principal as between the Employer and the Consultants. The Consultants, subject to this contract,
have complete charge of Personnel performing the Services and shall be fully responsible for the
services performed by them or on their behalf hereunder.

6.1.3 Law Governing the Contract

This Contract, its meaning and interpretation, and the relation between the Parties shall be governed by
the Applicable Law in India.

6.1.4 Language

This Contract has been executed in the language English, which shall be the binding and controlling
language for all matters relating to the meaning or interpretation of this contract.

6.1.5 Headings
The headings shall not limit, alter or affect the meaning of this Contract.

6.1.6 Notices
6.1.6.1 Any notice, request or consent required or permitted to be given or made pursuant to this
Contract shall be in writing. Any such notice, request or consent shall be deemed to
have been given or made when delivered in person to an authorised representative of the
party to whom the communication is addressed, or when sent by registered mail, email or
facsimile to such Party at the address given in the proposal document for issue of proposal
document.
6.1.6.2 Notice will be deemed to be effective as follows :
a. in the case of personal delivery or registered mail, on delivery;
b. in the case of email, 24 hours following confirmed transmission;
c. in the case of facsimiles, 24 hours following confirmed transmission.
6.1.6.3 A Party may change its address for notice hereunder by giving the other Party notice of
such change pursuant to the provisions listed in Clause General Condition 6.1.6.2.

6.1.7 Location
MIDC Taloja Industrial Area, Panvel, District-Raigad, Maharashtra.

6.1.8 Authorized Representatives

Any action required or permitted to be taken, and any document required or permitted to be executed,
under this Contract by the Employer or the Consultants may be taken or executed by the authorized
representative specified in bid document.

6.1.9 Taxes and Duties

The Consultants and their personnel ( domestic consultant/personnel and foreign consultant/personnel)
shall pay the taxes, custom duties, fees, levies and other impositions levied under the existing, amended

61 | P a g e
 or enacted laws during life of this Contract and the Employer shall perform such duties in regard to the
deduction of such tax as may be lawfully imposed.

6.2 Commencement, completion, modification and termination of contract

1. Effectiveness of Contract: This Contract shall come into force and effect on the date of the
Employer's notice to the Consultants instructing the Consultants to begin carrying out the
Services. This notice shall constitute agreement between Employer and the consultant till
formal agreement has been signed.
2. Commencement of Services: The Consultants shall begin carrying out the Services within
15 days or such other time period as the party may agree in writing.
3. Expiration of Contract: Unless terminated earlier pursuant to relevant clauses in this
contract hereof, this Contract shall expire when Services have been completed and all
payments have been made at the end of such time period after the Effective Date as shall be
specified in the Special condition of Contract.
4. Modification: Modification of the terms and conditions of this Contract, including any
modification of the scope of the Services or of the Contract Price, may only be made by
written agreement between the Parties.
5. Force Majeure
a. Definition: For the purposes of this Contract, Force Majeure means an event which is
beyond the reasonable control of a Party, and which makes a Partys performance of
its obligations under the Contract impossible or so impractical to be considered
impossible under the circumstances, and includes, but not limited to war, riots, civil
disorder, earthquake, fire, explosion, storm, flood or other adverse weather
conditions.
b. No Breach of Contract: The failure of a party to fulfil any of its obligations under the
Contract 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:
i. has taken all precautions, due care and reasonable alternative measures in
order to carry out the terms and conditions of this Contract, and
ii. has informed the other party as soon as possible about the occurrence of
such an event.
iii. the dates of commencement and estimated cessation of such event of
Force Majeure; and
iv. the manner in which the Force Majeure event(s) affects the Partys
obligation(s) under the Contract.
c. The Parties agree that neither Party shall be able to suspend or excuse the non-
performance of its obligations hereunder unless such Party has given the notice
specified above.
6. Extension of Time: 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.
7. Payments: During the period of their inability to perform the Services as a result of an event
of Force Majeure, the Consultants shall be entitled to continue to be paid under the terms of
this Contract, as well as to be reimbursed for additional costs reasonably and necessarily
incurred by them during such period for the purposes of the services and in reactivating the
services after the end of such period.

6.3 Termination
1. By the client: The Client may terminate this Contract, by not less than thirty (30) days or
sixty (60) days written notice of termination to the Consultants, to be given after the
occurrence of any of the events specified in this clause:
i. if the Consultants do not remedy a failure in the performance of their obligations
62 | P a g e
 under the Contract, within a period of sixty (60) days, after being notified or within
such further period as the Client may have subsequently approved in writing;
ii. within thirty (30) days, if the Consultants become insolvent or bankrupt;
iii. if, as the result of Force Majeure, the Consultants are unable to perform a material
portion of the Services for a period of not less than sixty (60) days;
iv. within thirty (30) days, if the Consultant fails to comply with any final decision reached
as a result of arbitration proceedings pursuant to relevant clauses hereof;
v. within thirty (30) days, if the Consultant submits to the Client a false statement which
has a material effect on the rights, obligations or interests of the Client. If the
Consultant places itself in position of conflict of interest or fails to disclose promptly
any conflict of interest to the Client;
vi. within thirty (30) days, if the Consultant, in the judgment of the Client has engaged in
Corrupt or Fraudulent Practices in competing for or in executing the Contract;
vii. if the Client, in its sole discretion and for any reason whatsoever, within a period of
sixty (60) days decides to terminate this Contract.
2. By the Consultants:- The Consultants may terminate this Contract, by not less than thirty
(30) days written notice to the Client, such notice to be given after the occurrence of the
events specified in this clause:
i. if the Client fails to pay any money due to the Consultants pursuant to this Contract
and not subject to dispute pursuant to relevant clauses hereof within forty-five (45)
days after receiving written notice from the Consultants that such payment is overdue ;
or
ii. if, as the result of Force Majeure, the Consultants are unable to perform a material
portion of the Services for a period of not less than sixty (60) days.

3. Cessation of Rights and Obligations:- Upon termination of this Contract pursuant to actual
Termination, or upon expiration of this Contract pursuant to relevant clause hereof, all rights
and obligations of the Parties hereunder shall cease, except (i) such rights and obligations as
may have accrued on the date of termination or expiration, (ii) the obligation of confidentiality
set forth in relevant clause hereof, (iii) the Consultants obligation to permit inspection,
copying and auditing of their accounts and records set forth in Clause 6.4.6 hereof, (iv) the
rights of indemnity of the Client specified in clause 5.12 and (v) any right which a Party may
have under the Applicable Law.
4. Cessation of Services: Upon termination of this Contract by notice of either Party to the other
pursuant to relevant clauses hereof, 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 expenditures for this
purpose to a minimum. With respect to documents prepared by the Consultant and equipment
and materials furnished by the Client, the Consultant shall handover all project documents
under procedure described in this contract.
5. Payment upon termination: Upon termination of this Contract, the Client will make the
following payments to the Consultants:
a. Remuneration pursuant to relevant clauses for Services satisfactorily performed prior to the effective
date of termination; (after offsetting against these payments any amount that may be due from the
Consultant to the Employer).
b. If the Contract is terminated pursuant to Clause 1i, ii, iv, v or vi, the Consultant shall not
be entitled to receive any agreed payments upon termination of the Contract. However, the
Client may consider to make payment for the part satisfactorily performed on the
basis of the quantum merit as assessed by it, in its sole discretion, if such part is of
economic utility to the Client.
6. Disputes about Events of Termination: If either Party disputes Termination of the contract
under relevant clauses hereof, such Party may, within forty-five (45) days after receipt of
notice of termination from the other Party, refer the matter to arbitration under relevant
clauses hereof, and this Contract shall not be terminated on account of such event except in
accordance with the terms of any resulting arbitral award.
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 7. Suspension:-
The Employer may, by written notice of suspension to the Consultants, suspend all payments to the
Consultants hereunder if the Consultants fail to perform any of their obligations under this Contract,
including the carrying out of the Services, provided that such notice of suspension (i) shall specify the
nature of the failure, and (ii) shall request the Consultants to remedy such failure within a not exceeding
thirty (30) days after receipt by the Consultants of such notice of suspension.

6.4 Obligations of the Consultants

1. General: The Consultants shall perform the Services and carry out their obligations
hereunder with all due diligence, efficiency and economy, in accordance with generally
accepted professional techniques and practices, and shall observe sound management
practices, and employ appropriate advanced technology and safe methods. The
Consultants shall always act, in respect of any matter relating to this Contract or to the
Services, as faithful advisers to the Client, and shall at all times support and safeguard the
Clients legitimate interests in any dealings with Sub-consultants or third parties.
2. Conflict of interest
a. Consultants Not to Benefit from Commissions, Discounts, etc.: The remuneration of the
Consultants pursuant to relevant clauses hereof shall constitute the Consultants sole
remuneration in connection with this Contract or the Services, and the Consultants
shall not accept for their own benefit any trade commission, discount or similar payment
in connection with activities pursuant to this Contract or to the Services or in the
discharge of their obligations under the Contract, and the Consultants shall use their best
efforts to ensure that the Personnel, any Sub- consultants and agents of either of
them, similarly shall not receive any such additional remuneration.
b. Consultants and Affiliates Not to Engage in Certain Activities: The Consultants agree
that, during the term of this Contract and after its termination, the Consultants and
their affiliates, as well as any Sub-consultant and any of its affiliates, shall be disqualified
from providing goods, works or services (other than the Services and any continuation
thereof) for any project resulting from or closely related to the Services for the period of
two years.
c. Prohibition of Conflicting Activities: Neither the Consultants nor their Sub-consultants nor
the Personnel shall engage, either directly or indirectly, in any of the following activities:
i. during the term of this Contract, any business or professional activities which would
conflict with the activities assigned to them under this Contract; and
ii. after the termination of this Contact, such other activities as may be specified in the
SC.
3. Confidentiality: The Consultants, their Sub-consultants, and the Personnel of either of
them shall not, either during the term or within two (2) years after the expiration of this
Contract, disclose any proprietary or confidential information relating to the Project, the
Services, this Contract or the Clients business or operations without the prior written consent
of the Client.
4. Consultants Actions Requiring Clients Prior Approval: The Consultants shall obtain the
Clients prior approval in writing before taking any of the following actions:
a) entering into a subcontract for the performance of any part of the Services, which
may be required to be taken up in the best interest of the project.
b) appointing such members of the Personnel, as are not mentioned in the Technical
Proposal, and
c) any other action that may be specified in the SC.
5. Reporting Obligations: The Consultants shall submit to the Client the reports and documents
specified in TOR, in the numbers, and within the periods set forth in this contract.
6. Documents Prepared by the Consultants to be the Property of the Client: All plans,

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 drawings, specifications, designs, reports, other documents and software submitted by the
Consultants pursuant to this contract shall become and remain the property of the Client, and
the Consultants shall, not later than upon termination or expiration of this Contract,
deliver all such documents and software to the Client, together with a detailed inventory
thereof. The Consultants may retain a copy of such documents and software. Restrictions
about the future use of these documents and software, if any, shall be specified in the SC.
7. Liability of the Consultants: Subject to additional provisions, if any, set forth in the SC, the
Consultants liability under this Contract shall be as provided by the Applicable Law.
8. Insurance to be taken out by the Consultants: The Consultants (i) shall take out and
maintain at their own cost but on terms and conditions approved by the Client, insurance
against the risks, and for the coverages, as shall be specified in the Special Conditions
(SC), and (ii) within 15 (fifteen) days of receiving any insurance policy certificate in respect of
insurances required to be obtained and maintained under this clause, the Consultant shall
furnish to the Client, copies of such policy certificates, copies of the insurance certificates
and evidence that the insurance premium have been paid in respect of such insurance. No
insurance shall be cancelled, modified or allowed to expire or lapse during the terms of this
Contract. (iii) if the Consultant fails to effect and keep in force the aforesaid insurances for
which it is responsible pursuant hereto, the Client will apart from having other recourse
available under this Contract have the option without prejudice to the obligations of the
Consultant, to take out the aforesaid insurance, to keep in force any such insurances, and
pay such premia and recover the costs thereof from the Consultants, and the
Consultants shall be liable to pay such amounts on demand by the Client. (iv) the
insurance policies so procured shall mention the Client as the beneficiary of the Consultants
and the Consultants shall procure an undertaking from the insurance company in this regard.
The insurance shall be taken from the Directorate of the Insurance, Maharashtra State,
Mumbai-400 051.

6.5 Consultants personnel

1. Description of Personnel
a. The titles, agreed job descriptions, minimum qualifications and estimated periods of
engagement in the carrying out of the Services of the Consultants core team are
described in this contract. The core team are hereby approved by the Client. If
additional work is required beyond the scope of the Services specified in TOR, the level
of effort and/or staff assigned may be increased by agreement in writing
between the Client and the Consultants, provided that any such increase shall not,
except as otherwise agreed, cause payments under this Contract to exceed the
ceilings set forth in this Contract.
b. If required to comply with the provisions of this Contract, adjustments with respect to
level of effort, staff assignments, time may be made by the Consultants by written
notice to the Client, provided (i) that such adjustments shall not alter the originally
estimated period of engagement, scope, qualifications of team or deliverables and (ii)
that the aggregate of such adjustments shall not cause payments under this Contract to
exceed the ceilings set forth in this Contract. Any other such adjustments shall only be
made with the Clients prior written approval.
2. Removal and/or Replacement of Key Personnel
a. The Client will not normally consider substitutions except in cases of incapacity of key
personnel including team leader for reasons of health. Similarly, after award of
contract the Client expects all of the proposed key personnel to be available during
implementation of the contract. The Client will not consider substitutions during
contract implementation except under exceptional circumstances and that too by only
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 equally or better qualified and experienced personnel. Kindly refer to the GC Clause
4.60 for more clarity on replacement of key personnel.
b. If the Client finds that any of the Personnel have (i) committed serious misconduct or
has been charged with having committed a criminal action, or (ii) have reasonable
cause to be dissatisfied with the performance of any of the Personnel, then the
Consultants shall, at the Clients written request specifying the grounds therefore,
forthwith provide as a replacement a person with qualifications and experience
acceptable to the Client.
c. Any of the Personnel provided as a replacement under clauses above, the rate of
remuneration applicable to such person as well as any reimbursable expenditures
(including expenditures due to the number of eligible dependents) the Consultants
may wish to claim as a result of such replacement, shall be subject to the prior written
approval by the Client. Except as the Client may otherwise agree, (i) the Consultants
shall bear all additional travel and other costs arising out of or incidental to any
removal and/or replacement, and (ii) the remuneration to be paid for any of the
Personnel provided as a replacement shall not exceed the remuneration which would
have been payable to the personnel replaced.

3. Working Hours , Overtime, Leave etc:

Category-wise minimum manpower to be deployed for supervision period are given. The key personnel
shall not be entitled to be paid for overtime nor to take paid sick leave or vacation leave except as specified
and the remuneration shall be deemed to cover these items. Any taking of leave by personnel shall be
subject to the prior approval by the consultants who shall ensure that absence for leave purposes will not
delay the progress and adequate supervision of the Services. Remuneration for the personnel shall be
determined on the basis of time actually spent by such personnel in the performance of the services after
the date of commencement of services.

4. Services during Defect Liability Period:

Periodical inspection of the work executed, monitoring the defects & reporting thereof, and getting it
rectified through construction contractor. DLP will commence from date of completion of the project as
per Completion Certificate issued for the work by Engineer in Charge.
Consultant shall carry out joint inspection of the work at regular intervals by the Team leader along with
the Contractor's representatives. If contractors fails to attend the joint inspections as fixed in writing,
Team leader shall carry out visit independently once quarterly or as directed by Engineer in Charge from
time to time, to observe the defects and submit reports to employer.

6.6 Obligations of the client

1. Assistance and Exemptions: Unless otherwise specified in the SC, the Client will use its best
efforts to ensure that the Government will provide the Consultants, Sub-consultants and
Personnel with work permits and such other documents as necessary to enable the
Consultants or their Personnel to perform the Services:
a. assist for the Personnel and, if appropriate, their eligible dependents to be provided
promptly with all supporting papers for necessary entry and exit visas, residence permits,
exchange permits and any other documents required for their stay in India;
b. facilitate prompt clearance through customs of any property required for the Services;
c. issue to officials, agents and representatives of the Government all such instructions as
may be necessary or appropriate for the prompt and effective implementation of the
Services;
2. Access to land: The Client warrants that the Consultants shall have, free of charge,
unimpeded access to all land in the Governments country in respect of which access is
required for the performance of the Services.

6.7 Payments to the consultants

1. For the purpose of this assignment, a dual mode of payments has been proposed. The first
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 mode shall be in concurrence with the respective millstones-based delivery schedule of the
contractor, wherein PMC is liable to receive a total of 50% of the contract value quoted by
the firm subjected to the satisfactory completion of all project milestones. The detailed
milestone- wise schedule of this payment mode is presented in SC. The second mode of
payment shall be based upon Retainership basis wherein, the rest of the 50% value of the
contract shall be paid as the equated sum claimed through monthly invoices during the entire
(contract period + defect liability period) months period of the assignment.
2. Payment terms: The Consultants total remuneration including out of pocket expenses shall
not exceed the Contract Price and shall be a fixed lump sum including all staff costs, Sub-
consultants costs, printing, communications, official travel, accommodation, and the like,
and all other costs incurred by the Consultant in carrying out the Services related to the
project. In addition to these, any conditions mentioned in the SC shall also be applicable to
this contract. The Contract Price may only be increased, if the parties have agreed to
additional payments in accordance with relevant clauses hereof.
3. No payment shall become eligible for the next stage until the Consultant completes to the
satisfaction of the Client the work pertaining to the preceding stage.
4. Currency: The price is payable in local currency i.e. Indian Rupees.
5. Payment for Additional Services: For the purpose of determining the remuneration due for
additional services as may be agreed under relevant clauses for modification in this contract.
The additional services also include the PMC services provided during the extension
period, on an as and when required basis and the consultant firm shall be paid on a pro-
rata basis on the man-month rates associated with the key personnel(s) required at that
particular time. The client reserves the right to retain 10% of performance security
amount for ensuring the association of PMC during the defect liability period to provide
required services.
6. Mode of Billing: Billing and payments in respect of the services shall be made as follows:
a. Within the number of days after the effective date specified in the SC.
b. The milestone-based payment shall be made after the receipt of invoice by the PMC. The
PMC invoice shall be raised after the approval of respective contractors invoice for those
particular milestones. Similarly, for Retainership part of the payment, the PMC shall
submit the invoice on a monthly basis, which shall be first, verified by MIDC and then
processed accordingly.
c. Payment shall be made within 30 days of receipt of the invoice and approval of the
relevant reports and statements, and within 180 days in the case of the final payment, on
approval of the client. The client shall pay the consultants invoice within 30 days after
the receipt by the client of such statements with supporting documents. In case any
discrepancy is found to exist between actual payment and the costs authorised to be
incurred by the consultant, the client may add or subtract differences from the subsequent
payments.
d. The final payment must be paid only after the final report and the final statement shall have
been submitted by the consultant and approved as satisfactorily by the client. The
services shall be deemed completed and finally accepted by the client and the final report
and final statement shall be deemed approved by the client as satisfactory 180 calendar
days after receipt of final report and final settlement unless within such 90 days client
gives written notice to the consultant specifying the details of deficiencies of the services,
final report and final settlement. The consultant shall thereupon take promptly action and
make necessary corrections and thereafter foregoing process is repeated.
e. All payments under this contract have to be paid to the consultants account. Any change
in the account shall be effective after 30 days of written notice by the consultant.

6.8 Settlement of disputes

1. Amicable Settlement: The Parties shall use their best efforts to settle amicably all disputes
arising out of or in connection with this Contract or its interpretation.
2. Disputes Settlement: Any dispute between the Parties as to matters arising out of and

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 relating to this Contract that cannot be settled amicably within thirty (30) days after receipt
by one Party of the other Partys request for such amicable settlement may be submitted by
either Party for settlement in accordance with the provision specified in the SC.

6.9 Responsibility for accuracy of project documents

1. General
a. The Consultant shall be responsible for accuracy of the Designs, drawings, estimate and all
other details prepared by him as part of these services. He shall indemnify the client
against any inaccuracy in the work, which might surface during implementation of the
project. The Consultant will also be responsible for correcting, at his own cost and risk, the
drawings including any re-survey/ investigations and correcting layout etc. if required
during the execution of the Services.
b. The Consultant shall be fully responsible for the accuracy of plans and drawings. The
Consultant shall indemnify the Client against any inaccuracy / deficiency in the
designs and drawings noticed and the Client will bear no responsibility for the
accuracy of the designs and drawings submitted by the Consultants.

6.10 Representation, warranties and disclaimer

1. The Consultant represents and warrants to the Client that:
a. It is duly organised, validly existing and in good standing under the applicable laws of its
Country;
b. It has full power and authority to execute, deliver and perform its obligations under this
Contract and to carry out the transactions contemplated hereby;
c. It has taken all necessary corporate and other action under Applicable Laws and its
constitutional documents to authorize the execution, delivery and performance of this
Contract;
d. It has the financial standing and capacity to undertake the Project;
e. This Contract constitutes its legal, valid and binding obligation enforceable against it in
accordance with the terms hereof;
f. it is subject to laws of India with respect to this Contract and it hereby expressly and
irrevocably waives any immunity in any jurisdiction in respect thereof;
g. there are no actions, suits, proceedings, or investigations pending or, to the
Consultants knowledge, threatened against it at law or in equity before any court or before
any other judicial, quasi judicial or other authority, the outcome of which may result in the
breach of or constitute a default of the Consultant under this Contract or materially affect
the discharge by the Consultant of its obligations under the Contract.
h. No representation or warranty by the Consultant contained herein or in any other
document furnished by it to the Client contains or will contain any untrue statement of
material fact or omits or will omit to state a material fact necessary to make such
representation or warranty not misleading; and
i. No sums, in cash or kind, have been paid or will be paid, by or on behalf of the
Consultant, to any person by way of fees, commission or otherwise for securing the
Contract or for influencing or attempting to influence any officer or employee of the Client in
connection therewith.

6.11 Safety measures: The consultant will ensure & develop adequate and complete safety
precautions for the construction of the works in accordance with the National & International
standard safety norms & procedures. The safety measures will include, but will not necessarily
be limited to:
i) Safety during construction and for methodology of work
ii) Safety of man, equipment/machinery at site & casting yard;
iii) Provision of safety boards, Sinages, Indicators etc

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 iv) Training of personnel .
MIDC shall no way be responsible for any lapse of Safety norms or any mishap due to such lapses
by Concerned Contractor/Consultant. Necessary safety measures shall be ensured by appointed
Project management Consultant through Contractor.

6.12 Actions requiring specific approval of the Employer: The consultant will be required to
obtain the specific approval of the employer in respect of the following:
i) Approving subletting of works
ii) Granting claims to the agency
iii) Ordering suspension of the work
iv) Determining an extension of time.
v) Ordering waving off the penalty and arranging the repayment of compensation for delay
vi) Issuing a variation order
vii) Ordering any works/test beyond the scope of the contract
viii) Determining rates for the extra items/extra work
ix) Any variation in the contract conditions.

6.13 Delay in implementation of the project:

In case the commencement of construction period of project is likely to get delayed, the following course
of action is likely depending upon the probable extent of delay.
i) Delay up to 6 months :
The consultants can redeploy their supervision personnel earmarked for the project. Upon
commencement of the supervision period, the consultants will be allowed to substitute their key
personnel, if needed, provided that the alternate personnel possess equal or better qualifications and
experience than the key personnel originally proposed as per TOR.
ii) Abnormal Delay (exceeding 6 months) :
The contract between MIDC and Consultant may be foreclosed

6.14 Miscellaneous
1. Assignment and Charges
i. The Contract shall not be assigned by the Consultant save and except with prior consent in writing
of the Client, which the Client will be entitled to decline without assigning any reason whatsoever.
ii. The Client is entitled to assign any rights, interests and obligations under this Contract to
third parties.
2. Indemnity: The Consultant agrees to indemnify and hold harmless the Client from and against any and
all claims, actions, proceedings, lawsuits, demands, losses, liabilities, damages, fines or expenses
(including interest, penalties, attorneys fees and other costs of defence or investigation (i) related
to or arising out of, whether directly or indirectly, (a) the breach by the Consultant of any obligations
specified in relevant clauses hereof; (b) the alleged negligent, reckless or otherwise wrongful act or
omission of the Consultant including professional negligence or misconduct of any nature whatsoever
in relation to Services rendered to the Client; (c) any Services related to or rendered pursuant to the
Contract (collectively Indemnified matter). As soon as reasonably practicable after the receipt by the
Client of a notice of the commencement of any action by a third party, the Client will notify the
Consultant of the commencement thereof; provided, however, that the omission so to notify shall
not relieve the Consultant from any liability which it may have to the Client or the third party. The
obligations to indemnify and hold harmless, or to contribute, with respect to losses, claims, actions,
damages and liabilities relating to the Indemnified Matter shall survive until all claims for
indemnification and/or contribution asserted shall survive and until their final resolution thereof. The
foregoing provisions are in addition to any rights which the Client may have at common law, in equity
or otherwise.
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 3. Governing Law and Jurisdiction: The Contract shall be construed and interpreted in accordance
with and governed by the Applicable Law of India and subject to relevant clauses hereof and the SC,
the Courts at Mumbai, India shall have jurisdiction over all matters arising out of or relating to the
Contract.
4. Waiver
a) Waiver by either Party of any default by the other Party in the observance and performance
of any provision of or obligations or under the Contract:
i. Shall not operate or be construed as a waiver of any other or subsequent default hereof
or of other provisions or obligations under the Contract;
ii. Shall not be effective unless it is in writing and executed by a duly authorised
representative of such Party; and
iii. Shall not affect the validity or enforceability of the Contract in any manner.

b) Neither the failure by either Party to insist on any occasion upon the performance of the terms,
conditions and provisions of the Contract or any obligation hereunder nor time or other indulgence
granted by a Party to the other Party shall be treated or deemed as waiver of such breach or
acceptance or any variation or the relinquishment of any such right hereunder.
c. Survival: Termination of the Contract (a) shall not relieve the Consultant or the Client of any
obligations hereunder which expressly or by implication survive Termination hereof, and (b)
except as otherwise provided in any provision of the Contract expressly limiting the liability of
either Party, shall not relieve either Party of any obligations or liabilities for loss or damage to the
other Party arising out of or caused by acts or omissions of such Party prior to the effectiveness of
such Termination or arising out of such Termination.
d. Notices: Unless otherwise stated, notices to be given under the Contract including but not
limited to a notice of waiver of any term, breach of any term of the Contract and termination
of the Contract, shall be in writing and shall be given by hand delivery, recognised
international courier, mail, email or facsimile transmission and delivered or transmitted to
the Parties at their respective addresses specified in the SC. The notices shall be
deemed to have been made or delivered (i) in the case of any communication made
by letter, when delivered by hand, by recognised international courier or by mail (registered,
return receipt requested) at that address and (ii) in the case of any communication made by
email or facsimile, when transmitted properly addressed to such email id or facsimile
number.
e. Severability: If for any reason whatever any provision of the Contract is or becomes invalid,
illegal or unenforceable or is declared by any court of competent jurisdiction or any other
instrumentality to be invalid, illegal or unenforceable, the validity, legality or enforceability of
the remaining provisions shall not be affected in any manner, and the Parties will negotiate
in good faith with a view to agreeing upon one or more provisions which may be
substituted for such invalid, unenforceable or illegal provisions, as nearly as is
practicable. Provided failure to agree upon any such provisions shall not be subject to
dispute resolution under the Contract or otherwise.
f. No Partnership: Nothing contained in the Contract shall be construed or interpreted as
constituting a partnership between the Parties. Neither Party shall have any authority to
bind the other in any manner whatsoever.
g. Language: All notices required to be given under the Contract and all
communications, documentation and proceedings which are in any way relevant to the
Contract shall be in the language specified the SC.
h. Exclusion of Implied Warranties etc.: The Contract expressly excludes any warranty,
condition or other undertaking implied at law or by custom or otherwise arising out of any
other agreement between the Parties or any representation by any Party not contained in
the Contract.
i. Agreement to Override Other Agreements: The Contract supersedes all previous
agreements or arrangements between the Parties, including any memorandum of
understanding entered into in respect of the contents hereof and represents the entire
understanding between the Parties in relation thereto.
j. Counterparts: The Contract may be executed in two counterparts, each of which when

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 executed and delivered shall constitute an original of the Contract

5. Damages for deficiency in Services

a. The Client Shall issue warning/show-cause notices to the PMC for minor deficiencies on its
part. In the case of significant deficiencies in Services causing adverse effect on the
Project or on the reputation of the Client, other penal action shall be undertaken by
the Client including debarring for a specified period as deemed necessary by the Client. In
case the PMC deficiency is found and established beyond the duration of the project, the
damages will be imposed in the form of revoking of the performance security.
b. In the event of total default / failure by the PMC in providing the Services, MIDC reserves
the right to get the Services executed by any other consultant at the cost and risk of the
Consultant.
c. The following activities shall attract damages which shall be deducted from the
monthly bill for consultancy services:
Sr. Activity Damages
No.
1 Submission of If there is any delay in payment certificate report submission beyond 15 days,
Payment MIDC may recover damages of upto 1 % (One percent) of the current bill of PMC
certificate to be deducted from PMCs payments.
2 Absent from For any reason whatsoever, if any team member remains absent from duty for a
Duties (Without cumulative period of more than 15 working days in a years or more than 5 working
informing MIDC) days at one time, the consultant shall deploy a personnel of equal or higher
qualification and experience under the intimation to the Engineer-in-charge, MIDC.
In the event of the failure of the consultant to do so, a prorate deduction in the
fees per working day for the member remaining absent and a damages of 1%
(one percent) of monthly man month rate, shall be made from the payment due.
3 Mistake/error in If any major mistake in found in the measurements taken up by PMC team and
measurements later on it is proved that it was caused intentionally or due to negligence on part of
due to PMCs the PMC staff, MIDC in the best interest of the project, may levy damages
negligence or commensurate to the value of the deficiency.
intentionally
4 Conduct quality The MIDC may conduct independent quality monitoring and checking of works
control carried out by contractor and certified or /and recommended for payment by the
measures and Consultant. If such checks disclose that works certified or/and recommended for
payment by the Consultant do not meet the specified standards as per the TOR of
QA
the Assignment, MIDC will immediately deduct 10% of the current bill of PMC to
be deducted from PMCs payments and post verification may decide the action to
penalise PMC for such misconduct/lapses/mistakes etc.
5 Performance of If the service of a team member provided by the Consultant is not acceptable to
the the MIDC, the Consultant shall replace the team member with in 30days of given
team members such notice. If the Consultant fails to quickly deploy/replace a team member as
instructed by the Employer, the Employer may make temporary arrangement at
the cost of PMC. In addition to the cost of the temporary replacement, MIDC shall
impose a damage upto 50% of the cost of the temporary deployment/ replacement
until such time that the Consultant provides an acceptable replacement/ team
member.

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 Sr. Activity Damages
No.
6 Substitution of In normal circumstances, the team-leader shall not be changed during the
Key Staff entire duration of the assignment except in cases like death, terminal illness or
medical emergency etc. If PMC is unable to find suitable replacement of Team
(Any change in Leader for some duration, payment equivalent to man-month rate of Team
manpower leader for that duration shall be deducted from the monthly payment of PMC.
should be Similarly, no key staff replacement shall be allowed in first six months of the
proposed by an
assignment.
personnel of
equal or better
competency) Only 5 replacements during the entire duration of the assignment shall be
allowed without any damages to the PMC. After the permitted 5 replacements,
every further replacement will attract damages to the tune of 1% on all
subsequent bills of PMC for the entire duration of assignment.

6.15 Part-C: SPECIAL CONDITIONS OF THE CONTRACT

The Special Conditions (SC) of contract contains number of amendments and supplements to clauses
in the General Conditions of the Contract.

6.15.1 The contract price payable in Indian Rupees is ------------

6.15.2 Performance security/Security Deposit

(i) The Consultant shall prior to the Effective Date and as a condition precedent to its
entitlement to payment under this Contract, provide to the Client a legal, valid and
enforceable Performance Security/Security deposit in the form of an unconditional
and irrevocable bank guarantee as security for the performance by the Consultant of
its obligations under this Contract, in the form set out in this contract, in an amount
equal to 5 (five) percent of the total cost of Financial Proposal under this Assignment.

(ii) The Performance Security/Security deposit shall be obtained from a National

/scheduled commercial Indian bank, in compliance with Applicable Laws (including, in
case the Consultant is a non-resident, in compliance with applicable foreign exchange
laws and regulations).

(iii) The Performance Security/Security deposit shall be extended accordingly such that the
Performance Security remains valid until the expiry of a period of 180 (one hundred
eighty) days from the date of submission of the last deliverable under this Contract.

(iv) The Client shall have the right to claim under the Performance Security/Security
deposit and appropriate the proceeds if any of the following occur:
a) occurrence of any of the events listed in sub-clauses (a) through (f) of Clause
5.3.1 of the GCC;
b) any material breach of the terms hereof; and/or
c) without prejudice to paragraph above, the Consultant fails to extend the

72 | P a g e
 validity of the Performance Security or provide a replacement Performance
Security in accordance with the provisions of this Contract.

6.15.3 The language is English.

6.15.4 The client address is [name, designation, telephone, facsimile, address].

6.15.5 The consultant address is [name, designation, telephone, facsimile, address].

6.15.6 The Authorized Representative for the client is [name, designation].

6.15.7 The Authorized Representative for the consultant is [name, designation].

6.15.8 For domestic consultants/personnel and foreign consultants/personnel who are permanent
residents in India. The Consultants and their personnel shall pay the taxes, duties, fees,
levies/expenses and other impositions levied under the existing, amended or enacted laws
during life of this contract and the Client will perform such duties in regard to the deduction of
such tax as may be lawfully imposed. All other applicable taxes, levies, duties, etc., if any,
shall be borne by Consultant.

6.15.9 The date on which this Contract will come into effect is [date].

6.15.10 The duration of assignment shall be (45) months (including defect liability period of (24)
months), with option to extend with mutual written agreement. During defect liability period, no
permanent deployment of Key staff is required; however, they are expected to remain available
for meetings and discussions as and when called during the stated period.

6.15.11 Limitation of the Consultants Liability towards the Client

(a) Except in case of negligence or wilful misconduct on the part of the Consultants or on
the part of any person or firm acting on behalf of the Consultants in carrying out the
Services, the Consultants, with respect to damage caused by the Consultants to the
Clients property, shall not be liable to the Client:
a) for any indirect or consequential loss or damage; and

b) For any direct loss or damage that exceeds (i) the total payments for
Professional Fees and Reimbursable Expenditure made or expected to be
made to the Consultants hereunder, or (ii) the proceeds the Consultants may
be entitled to receive from any insurance maintained by the consultants to
cover such a liability, whichever of (i) or (ii) is higher.

(b) This limitation of liability shall not affect the Consultants liability, if any, for damage to
Third Parties caused by the Consultants or any person or firm acting on behalf of the
Consultants in carrying out the Services.

6.15.12 Risks and coverage/Insurance

(a) Third Party motor vehicle liability insurance as required under Motor Vehicles Act,
1988 in respect of motor vehicles operated in India by the Consultants or their
Personnel for the period of consultancy.

(b) Third Party liability insurance with a minimum coverage, for Rs.10,00,000/- (Rupees
Ten Lakhs) for the period of consultancy.

(c) Professional Liability Insurance: Consultants will maintain at its expense, Professional
Liability Insurance including coverage for errors and omissions caused by
Consultants negligence, breach in the performance of its duties under this Contract
from an Insurance Company permitted to offer such policies in India, for a period of
five years beyond completion of Consultancy Services commencing from the Effective
Date, (i) For an amount not exceeding total payments for Professional Fees and
Reimbursable Expenditures made or expected to be made to the Consultants
hereunder or (ii) the proceeds, the Consultants may be entitled to receive from any

73 | P a g e
 insurance maintained by the Consultants to cover such a liability, whichever of (i) or
(ii) is higher with a minimum coverage of [tendered amount]. The indemnity limit in
terms of Any One Accident (AOA) and Aggregate limit on the policy period (AOP)
should not be less than the amount stated in the contract.

(d) Employers liability and workers compensation insurance shall be in respect of the
Personnel of the Consultant, in accordance with the relevant revisions of the
Applicable Law, as well as, with respect to such Personnel, any such life, health,
accident, travel or other insurance as may be appropriate; and all insurances and
policies should start from the date of commencement of services and remain effective
as per relevant requirements of contract agreement.

(e) Any other insurance that may be necessary to protect the Client, its employees and
its assets (against loss, damage or destruction, at replacement value) including
rioting and all Force Majeure Events that are insurable.
(f) Bidder shall take out necessary Insurance Policy/Policies so as to provide
adequate insurance cover for execution of the awarded contract work from the
Directorate of Insurance, Maharashtra State, Mumbai- 400051 only.
Insurance Policy/ Policies taken out from any other insurance Company shall
not be accepted. However, if the bidder desires to effect insurance with the
local office of any insurance company, the same should be under the co-
insurance- cum-servicing arrangements (with G.I.F. share at 60% and
insurance Companys share at 40%) approved by the Directorate of Insurance.
If the policy taken out is not on co-insurance basis the same shall not be
acceptant the amount of premium calculated by the Directorate of Insurance
shall be recovered directly from the amount payable to the contractors for the
executed contract work

6.15.13 Consultancy fee will be paid in accordance with the payment schedule on submission
and acceptance of following schedule of reports:

Sr No Report Frequency Due Date

1 Inception report One time Within 15 days of issue of work order
2 Quality assurance and One time Within 30 days of issue of work order
control Manual
3 Construction One time Within 30 days of issue of work order
Supervision Manual
4 Safety Plans along with One time Within 30 days of issue of work order
Traffic Management
Plans
5 Utility Shifting, EMP, One time Fortnightly for first 6 months and
RAP if required thereafter monthly.
6 Progress Reports Weekly, fortnightly Weekly: Every Monday
and Monthly Fortnightly: Within 3rd day of expiry
of fortnight
Monthly: Before 1st Day of
Every month.
7 Engineering Report One time As and when requested by the client
8 Contract Completion One time On completion of contract
report
9 Final Report One time On handing-over
10 Operation & Maintenance One time As discussed with the client
11 M
Paymentl Certificates for As and when Within 15 days of submission of RA
processing of payment submitted by the bills by the contractor
of contractor contractor
74 | P a g e
 With regard to the above table of reports, the following contents will broadly to be covered, but not
limited to individual reports:
a. The Inception Report shall contain the details of all meetings held with the MIDC,
other consultants engaged by MIDC and the contractor and decisions taken therein,
the resources mobilised by the consultants as well as the contractor and the
consultants perception in the management and supervision of the works. The Report
shall also include the Work Programme and Deployment Schedule of Staff.
b. Quality assurance document should stipulate guidelines for the maintaining quality
standards in overall project at each and every stage of the project. The guidelines
shall be in concurrence to the relevant Specifications.

c. The construction supervision manual should stipulate guidelines, for

administration, supervision and management of the project.

d. Safety Plans should cover all the safety aspects at sites and the possible mitigation
measures in case of any emergency situation. This will assist the executing team by
providing technical information and systems to be followed to maintain a safe working
environment.

e. The weekly/fortnight/monthly progress report shall contain details of all meetings,

decisions taken therein, mobilisation of resources (consultants and the contractor),
detailed compliance report of each activity, progress and the projected progress for
the forthcoming periods. The report shall clearly bring out the delays, if any reasons
for such delay(s) and the recommendations for corrective measures. The report shall
also include the photograph of the activities being done at the site. The report should
also include safety audit and Environmental safeguard audit report on
the contractors performance on these aspects. The report shall also contain any
other aspect which MIDC may direct from time to time.

f. The consultant shall prepare specific engineering reports required in the event of
particular unforeseen circumstances. Such reports shall be produced as requested by
the employer and shall include an analysis of the engineering matter in question and
shall propose possible solution thereto.

g. The consultant will prepare a comprehensive completion report after completion of

the work. The report shall incorporate summary of the method of supervision
performed, problems encountered and solutions undertaken thereon and
recommendations for future projects of similar nature to be undertaken by the
employer.

h. The final report shall have summarised key information from the completion report
and consolidate into the single final report. This report shall be submitted after the
completion of works contract. Initially, a draft of this report shall be submitted to the
client for verification and comments. The final report will be updated by the consultant
by incorporating the relevant information and comments from the client.

i. Operation and Maintenance (O&M) Manual shall be prepared by the consultant and
submit to the client and finalised upon incorporating comments of the client. The O&M
manual shall be prepared in two parts: Part-1 for O&M guidelines during the defect
liability period and part-2 for guidelines after defects liability period.

6.15.14 Payment shall be made within 30 days of receipt of the invoice and approval of the relevant
reports and statements on approval of the client. For the purpose of this assignment, the
dual mode of payments have been proposed, wherein 50% of the contract value of the PMC
shall be payable on the basis of milestones-based delivery of the contractor as presented in
the table below.

75 | P a g e
 The second mode of payment shall be based upon Retainership basis wherein, the rest of the
50% value of the contract shall be paid as the equated sum claimed through monthly invoices
during the entire (--) months period of the assignment.

6.16 Fees and payment schedule

Fees: The consultants shall be eligible to receive the fees as agreed and communicated in letter of intent/work
order by competent authority of MIDC.

Break-up of the fees payable for the different phases: The total fee payable will be divided
into 2 stages and paid as indicated below:

Sr. No. Phase % Fees payable

1. Post tender and construction phase. 90

2. Defect liability period 10

Total 100

6.16.1 Payment for Construction Phase:

Payment to consultants against supervision/ Construction phase will commence after Work Order / Letter of
Acceptance is issued to the contractor and after the consultants mobilizes their manpower at site. The fees payable
during supervision period to be bifurcated into 2 parts (for regular as well as extended period) viz (i) fees for the
payment of manpower deployment and (ii) fees related to the progress of works. The proportionate fees should be
50% for manpower deployment and 50% for progress related component. At the time of signing the agreement, key
staff to be deployed should be mentioned in the Agreement and if any short fall occurs in it, the fee will be deducted
proportionately. For extended period, the fees towards supervision will be paid by working out proportionately the
monthly fees being paid in the original contract period.

The activities shall come into effect from the date of award of construction contract and shall be for the period
as mentioned in the implementation schedule. The Payments for this activity and during its period shall be at
the percentage rates as prescribed below:

a) During actual execution of the work a : 80% of the total fee for
monthly basis spread over a period of Consultancy Services.
construction.
b) Preparation and submission of final bills of : 10% of the total fee for
work Consultancy services.
c) During defect liability period (on a quarter : 5.00% of the total fee for
basis spread Consultancy Services.
Over entire defect liability period on pro-rata
basis)
d) On completion of Consultants assignment : 5.00% of the total fee for
i.e.at the end of defect liability / maintenance Consultancy Services.
period.

6.16.2 Payment of fees during actual execution

The fee of 80% of total fees for Consultancy, for the post tender activity shall be divided into two categories
and paid in the following manner and ratio.
a)Time related fees = 50%
b) Progress related fees = 50 %

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 Time related fees
1. The time related fees shall be payable as below:
2. Fee to be paid every month
= 50 x 80 Total fees for consultancy
----------------------------------------------------------------------------
100 100 Original scheduled period of completion for work in month
3. The monthly fee shall be payable to the consultant as per the above formula for the scheduled period of
completion plus variation subject to conformance to TOR
Progress Related Fees
The progress related fees would be paid as below :
= 50 x 80 Cost of the work done during the month Fee to be paid every month
x --------------------------------------
100 100 by the construction contractor Total fees for consultancy
------------------------------------------
Tendered cost of the work
Where
The cost of the work done by agency will exclude the payment made towards price escalation, Mobilization
Advance and Machinery Advance. Similarly the recovery of Mobilization Advance and Machinery Advance will
not be reflected in working out the fees due to the consultant.
6.16.3 Payments if Project is delayed:
If the actual completion time extends beyond the base completion and variation, if a valid extension is given to
consultant, the payment will be made as follows:

Sr. Base Completion as per contract Variation

No.
1 Up to 9 Month + 1 month
2 9 to 15 Month + 2 months
3. 15 to 24 month + 3 months
4 24 to 30 month + 4 months
5 30 to36 month + 5 months

In the event of period of construction extended beyond base completion period + variation period, the
monthly additional payment will be subject to the ceiling as given below :
Fees during supervision phase
Fees payable per month = -------------------------------------------------------------------
Time limit for construction phase in months
(base completion period plus variation period)
Note: This clause will come into existence only after agreed man months as per R.F.P. are exhausted.
ii) The payments for the extended period will be made based on actual man months provided by the Consultants,
with prior approval of the Engineer in charge. The additional payments will be worked out in proportion to
deployment of the actual man months, certified by the "Engineer in Charge"
Abnormal Delay (exceeding 1year beyond base completion + variation): The contract between MIDC and
Consultant may be foreclosed.

PMC will be penalized for not maintaining day to day site records as directed by MIDC or as
mentioned in TOR. Penalty to Rs. 1000/- per day per instance will be recovered from consultants bill.

77 | P a g e
 For timely completion of work, it is necessary to ensure that detailed drawings, decision of the various issues
related to smooth progress of work, guidance to contractor on various issues failure to which may lead to
delay in progress on the work. On failure on this account the PMC will attract a penalty of Rs. 5000/- per day
per instance.

6.16.4 Payment of fees during defect liability

I) During the defect liability period the consultant will be paid every quarter of defect liability period
at the following rate of fee\quarter.
=1 5.00 Total fees payable
----- x ------- ----------------------------------------
4 100 Defect liability period in years
II) After completion of consultants assignment i.e. at the end of defect liability/maintenance
period = 5.00 % of the total fee for consultancy services.

6.16.5 Payment of fees after defect liability

After the defect liability period if for the purpose of settlement of claim or cases the services of Team
leader. are to be made available to MIDC w i t h n o a d d i t i o n a l c l a i m s for such services. The
maximum period up-to which the consultant has to provide his services for settlement of court
cases/claims shall be 5 years after defect liability period.

6.17 Consultants reports of Manpower deployment: The consultant shall submit the details of manpower
deployment of key staff required for each quarter in advance. This shall be arrived at based on the scheduled
works in the next quarter and the actual and anticipated progress achieved by the contractor. The consultants
shall get the actual deployment duly certified by the Engineer in-charge at the end of every month. The certified
manpower of key staff deployment and the approved schedule of deployment for the quarter shall be considered
as the basis for consultants monthly payments No payment will be released if consultant fails to submit and get
approval of Engineer In-Charge for manpower deployment of key staff required for each quarter in advance
before fifteen days of start of respective quarter. Each bill of PMC must accompanied the letter in this
regard.

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 6.18 Dispute settlement: If any dispute or difference of any kind whatsoever arises between the
parties in connection with or arising out of or relating to or under this Contract, the parties shall
promptly and in good faith negotiate with a view to its amicable resolution and
settlement. In the event no amicable resolution or settlement is reached within a period of
thirty (30) days from the date on which the above-mentioned dispute or difference arose, such
dispute or difference shall be finally settled by arbitration. The arbitral tribunal shall consist of
a sole arbitrator appointed by mutual agreement of the parties. In case of failure of the parties
to mutually agree on the name of a sole arbitrator, the arbitral tribunal shall consist of three
arbitrators. Each party shall appoint one arbitrator and the two arbitrators so appointed shall
jointly appoint the third arbitrator. The seat of arbitration shall be Mumbai and the arbitration
shall be conducted in the English language. The Arbitration and Conciliation Act, 1996 shall
govern the arbitral proceedings. The award rendered by the arbitral tribunal shall be final and
binding on the parties.

79 | P a g e
 SECTION 7 : Clauses Regarding GST, IT, Service Tax Reimbursement of
Taxes/ Duties / Payment of Stamp duty, insurance.

7.1 GOODS AND SERVICES TAX CLAUSE :

1) The contractor in person himself or his registered firm or institute or

public limited company or organization or construction agency or any
other agency should be registered under GST authority and authorized
documents should be submitted along with the tender. The contractor
has to submit his GST registration number as per requirement along
with tender. The rates quoted by the tenderer should be inclusive of all
taxes, duties or any type of taxes which will be imposed by Central
Govt or State Govt or local bodies. It shall be the responsibility of
contractor to make the payment of GST to concerned department and
all other taxes to relevant departments within prescribed period as per
Act.
2) The TDS of GST at a prescribed rate will be deducted as per
provisions of section 51 of CGST Act 2017 at the time of payment
made or invoice/bill credited to the Account of the supplier/contractor of
taxable Goods and Services or both, where contract value exceeds
Rupees Two lakhs and fifty thousand in a year. The deduction will be
made as per provisions of section 51 of the GST Act whenever made
operative.
3) The provisions of GST Law will be applicable for all types of advances
given against the awarded contracts.
4) Whenever the contractor is not required to be registered under GSt
Act, the declaration to this effect will have to be obtained from the
contractor evidencing or justifying with reasons.
Additional Contract Condition

In this tender document wherever reference is made to Excise duty,

MVAT, Service tax, Octroi, LBT etc the same should now be referred
as GST in case of all laws that are subsumed in the GST Law.

-------------
7.2 DEDUCTION OF INCOME TAX
The Income Tax including surcharges or percentage in force from time to time
or at the rate as intimated by the competent Income Tax authority shall be
deducted from bill amount whether measured bill, advance payment or
secured advance.

7.3 CLAUSE FOR REIMBURSEMENT OF TAXES/DUTIES

While submitting the tender, the contractor shall consider the prevailing taxes
& duties on the date of submission. In case there is statutory increase in the
taxes/duties, the contractor shall submit documentary evidence for the
payment of the same. On verification of the documents, the reimbursement
will be made if there is increase. In case there is reduction in the statutory
taxes/duties, deduction will be effected. It may also be noted that this clause
is not applicable if there is increase in the octroi during execution of the work.

7.4 CLAUSE FOR PAYMENT OF STAMP DUTY

As per Article-63 of Schedule-I of Bombay Stamp Act, 1958, stamp
duty charges shall be as follows: Works contract, that is to say a contract for
works & labour or services involving transfer of property in goods (whether as
goods or in some other form) in its execution & includes sub-contract:

a) Where the amount or value set forth Rs. 500/- (Five Hundred Rupees)
in such contract does not exceed
Rs.10 lakhs.

b) Where it exceeds Rs.10 lakhs. Five Hundred Rupees plus 0.10 per
cent of the amount above Rupees Ten
Lakhs subject to maximum of Rupees
Twenty Five Lakhs.

The contractor whose offer will be accepted will be called for execution
of the agreement & shall only be liable to pay the stamp duty applicable
thereon. The payment of stamp duty of required amount shall be done by the
contractor through Government Receipt Accounting System (GRAS) to the
State Govt.

7.5 INSURANCE OF WORK

The contractor shall take out necessary Insurance Policy/Policies immediately
after issuing work order and produce a copy of same prior to payment of first
 RA bill so as to provide adequate insurance cover for execution of the
awarded contract work for total contract value & complete contract period
including defect liability period as stipulated in the tender paper and upto the
period for which the extension of time limit is granted from the "Directorate of
Insurance, Maharashtra State, Mumbai" only. Its postal address for
correspondence is "264, MHADA, 1st floor, Opp. Kalanagar, Bandra (E),
Mumbai-400 051". Tel.26438690 / 26438746 & Fax:26438461. Similarly, all
workmen appointed to complete the contract work are required to be insured
under Workmen's Compensation Insurance Policy. Insurance Policy /Policies
taken out from any other company will not be accepted. If any contractor has
effected insurance with any Insurance Company, the same will not be
accepted.

7.6 QUALITY AUDIT CLAUSE :

The contractor shall note that, following exercise of Quality Audit of

the work shall be carried out by the nominated authority from MIDC.

1. The quality audit of the work shall be exercised by authority

nominated by MIDC at a stage when 80% of the work is completed or at
stage as decided by MIDC.

2. The contractor should remain present (along with all test reports &
necessary documents for the works) at site when quality audit of the work
is being exercised.

3. Final Bill will be released for payment only after compliance of the
points/remarks raised by the quality auditor with proper reasoning to the
competent authority & only after receipt of clearance of nominated
authority.

4. The contractor has to make all necessary rectifications, alterations to

the work executed, as suggested by the quality auditor without any extra
cost. If the contractor fails to do so, or does not intend to do so, then the
probable amount required for the rectification shall be withheld from the
bills & other dues payable to the contractor. The contractor shall be liable
to pay suitable compensation as decided by the Superintending Engineer.

7.7 CLAUSE FOR SITE OFFICE :

1. The Contractor has to provide site office with furniture, drinking water
facility, cupboards, with double locking arrangement as per the
direction of Engineer-in-charge. After completion of work, contractor
shall demolish the same with the permission of the Engineer-In-
Charge and clear the site as directed. The contractor shall provide
split air conditioner of suitable capacity for site office. The installation,
electric connection of split AC shall be carried out by the agency
within one month from the date of work order and maintenance of split
A. C. during contract period shall be carried out by the agency at his
own cost. The above said AC will be the property of contractor after
completion of the work.

2. Contractor shall dismantle the site office and take back all
materials/equipments/vehicle after satisfactory completion of work in all
respects.
 SECTION 8: ANNEXURE-A:
8.1 FORMAT FOR BANK GUARANTEE FOR PERFORMANCE SECURITY

(To be stamped in accordance with Stamp Act if any, of the country for issuing B. G.)

BANK GUARANTEE

Ref.:

Date.:

Dear sir,

In consideration of Maharashtra Industrial Development Corporation (MIDC)

(hereinafter referred as the Client, which expression shall, unless repugnant to the
context of meaning thereof include its successors, administrators and assigns)
having awarded to M/s [name of consultant] a [type of company], established under
laws of [country] and having its registered office at [address] (hereinafter referred
to as the Consultant which expression shall unless repugnant to the context or
meaning thereof, include its successors, administrators, executors and permitted
assigns), an Assignment for [name of assignment] Contract by issue of Clients
Contract Letter of Award No. [reference] dated [date] and the same having been
unequivocally accepted by the Consultant, resulting in a Contract valued at Rs.
[amount in figures and words] for (Scope of Work) (hereinafter called the
Contract) and the Consultant having agreed to furnish a Bank Guarantee
amounting to Rs. [amount in figures and words] to the Client for performance of
the said Agreement.

We [Name of Bank] incorporated under [law and country] having its

Head Office at [address](hereinafter referred to as the Bank), which
expression shall, unless repugnant to the context or meaning thereof, include its
successors, administrators executors and assigns) do hereby guarantee and
undertake to pay the Client immediately on demand an or, all monies payable by
the Consultant to the extent of Rs. [amount in figure and words] as aforesaid at
any time up to [date] without any demur, reservation, contest, recourse or protest
and/ or without any reference to the Consultant. Any such demand made by the
Client on the Bank shall be conclusive and binding notwithstanding any difference
between the Client and the Consultant or any dispute pending before any Court,
Tribunal, Arbitrator or any other authority.

We agree that the Guarantee herein contained shall be irrevocable and

shall continue to be enforceable until the Client discharges this guarantee.

The Client shall have the fullest liberty without affecting in any way the liability of
the Bank under this Guarantee, from time to time to vary the advance or to
extend the time for performance of the Contract by the Consultant nor shall the
responsibility of the bank be affected by any variations in the terms and conditions
of the contract or other documents. The Client shall have the fullest liberty
without affecting this guarantee, to postpone from time to time the exercise of any
powers vested in them or of any right which they might have against the Client
and to exercise the same at any time in any manner, and either to enforce or to
forbear to enforce any covenants, contained or implied, in the Contract between
the Client and the Consultant any other course or remedy or security available to
the client. The Bank shall not be relieved of its obligations under these presents
by any exercise by the Client of its liberty with reference to the matters aforesaid
or any of them or by reason of any other act or forbearance or other acts of
omission or commission on the part of the Client or any other indulgence shown by
the Client or by any other matter or thing whatsoever which under law would but
for this provision have the effect of relieving the Bank.
 The Bank also agrees that the Client at its option shall be entitled to enforce this
Guarantee against the Bank as a principal debtor, in the first instance without
proceeding against the Consultant and notwithstanding any security or other
guarantee that the client may have in relation to the Consultants liabilities.

This Guarantee shall be irrevocable and shall remain in full force and effect
until discharge by the
Bank of all its
obligations
hereunder.

This Guarantee shall not be affected by any change in the constitution or winding
up of the Consultant

/the Bank or any absorption, merger or amalgamation of the Consultant /the

bank with any other Person.

Notwithstanding anything contained herein above our liability under this guarantee
is limited to Rs. [amount in figure and words] and it shall remain in force up to
and including [date] and shall extend from time to time for such period(s) (not
exceeding one year), as may be desired by M/s [name of consultant] on whose
behalf this guarantee has been given. Date this [date in words] day [month] of
[year in yyyy format] at [place].

WITNESS
1. [signature, name and address]
2. [signature, name and address]

[Official Address] Designation

[With Bank Stamp]

Attorney as Per Power of Attorney No.

Dated
Strike out, whichever is not applicable.
The date will be fixed as indicated
in S. C C.

The stamp papers of appropriate value shall be purchased in the name of

bank which issues theBank Guarantee. The bank guarantee shall be issued either by a
bank (Nationalized/Scheduled) located in India or a foreign bank through a
correspondent bank (scheduled) located in India or directly by a foreign bank which has
been determined in advance to be acceptable to the Client.

8.2 FORM FOR OBTAINING AFFIDAVIT FROM CONTRACTOR FOR POST

QUALIFICATION OF CONTRACTOR:

Format for Affidavit to be uploaded by tenderer in envelope No. 1 of

Tender. Affidavit to be uploaded by tenderer and in case of JV, by
lead partner & all Joint Ventures partners on Rs. 100/- stamp paper
duly notarized.
I/We ______________________ age ______ year having PAN
Number __________by this residing at _____________________
Affirm in writing that ,I/we ____________ owner of
____________________, company, constituted under company act &
having registered under registration no ____________________ have
submitted the tender for the work of
________________________________________________________
_________

_____________________________________. I/We declare that as

on date neither our company is black listed nor any action of
deregistration has been taken against our company by any
Government / Semi-Government / Public Sector Undertaking / Urban
Local body/ Municipal Corporation etc.

If my/ our above statement is found misleading, false and incomplete

then I/ We will be responsible and will remain responsible for legal
action taken by MIDC and will remain responsible for prosecution
under Indian Penal Code.

Date: - Signature of
Contractor

with seal of
Company

Place:-
 SECTION 9 :

ANNEXURE-B: BRIEF DETAILS OF THE PROJECT

Details of scope of work specified under B-1 Agreement.

Name Of Work :- : Project Management consultancy services for....DD TALOJA INDL.

AREA...... Taloja Industrial Area.....
Remodelling of effluent collection system in L, M, V, T blocks and
Part Chemical Zone.

The site of work is situated in L, M, V, T blocks and part Chemical Zone in

Taloja Industrial area. The work under this tender is for replacement of existing
damaged effluent collection lines in L, M, V, T, blocks and Part Chemical
zone in Taloja Industrial Area and allied works etc.

The scope of work includes following:-

1) Providing, Laying, Jointing & commissioning 160mm dia., 355mm dia., 400mm
dia. and 560mm dia. HDPE collection lines. Total length of these lines is about
32126.00 RM.

2) Excavation in all types of strata, necessary shuttering or timbering if required and

dewatering the trenches.

3) Construction of RCC Manhole Chambers in RCC 1:1.5:3 proportion for 1.50m &
3.00m depth.

4) Providing encasing to lines in RCC M-20 grade concrete at factory approaches and
road crossings and for casting anchor blocks including anticorrosive treatment to
reinforcement.

5) Providing RCC Vent Shafts on the lines.

6) Laying line by Horizontal Directional Drilling (HDD) method (540.00 RM).

7) Remaking the excavated roads, reconstruction and repairs to structures damaged

during laying the lines, conveying and disposing off the surplus excavated material,
cleaning the site, etc.

The scope of work also includes:-

a) Conducting detailed survey of alignment of proposed HDPE pipelines, prepare and

submit L- section and get approval of the competent authority of MIDC prior to start
of execution of the work.

b) Preparing design mix for concrete and obtaining approval of the competent
authority of MIDC.
Signed By : Rajendra V Sonje

Organisation Unit : Maharashtra Industrial

Development Corporation
Signed Date : 27/10/2017