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Selection of Consultants

Request for Proposals


Consulting Services

Procurement of:

Consultant for Preparation of Detailed Project


Report of Water Supply Schemes

NIT No.: 05/PROC./MPJNM/2020-21

Consulting Services for: Preparation of Detailed Project Report


for Water Supply Schemes

Client: Madhya Pradesh Jal Nigam Maryadit

Country: India
3

TABLE OF CONTENTS

Section 1. Notice Inviting Tender ..............................................................................................4


Section 2. Instructions to Consultants ........................................................................................6
A. General Provisions .........................................................................................................6
1. Definitions.............................................................................................................6
2. Introduction ...........................................................................................................7
3. Conflict of Interest ................................................................................................7
4. Unfair Competitive Advantage .............................................................................9
5. Fraud and Corruption ............................................................................................9
6. Eligibility ..............................................................................................................9
B. Preparation of Proposals ..............................................................................................10
7. General Considerations .......................................................................................10
8. Cost of Preparation of Proposal ..........................................................................10
9. Language .............................................................................................................10
10. Documents Comprising the Proposal..................................................................10
11. Only One Proposal ..............................................................................................10
12. Proposal Validity ................................................................................................11
13. Clarification and Amendment of RFP ................................................................11
14. Preparation of Proposals Specific Considerations ..............................................12
15. Proposal Format, Submission and Content .........................................................12
C. Opening and Evaluation ...............................................................................................13
16. Confidentiality ....................................................................................................13
17. Public Opening of Financial Proposals ...............................................................13
18. Correction of Errors in Lump-Sum Contracts ....................................................14
D. Award ...........................................................................................................................14
19. Award of Contract...............................................................................................14
E. Data Sheet ....................................................................................................................15
Schedule 1 – Bid Capacity ...........................................................................................17
Section 3. Terms of Reference ................................................................................................17
Section 4. Conditions of Contract and Contract Forms ...........................................................40
Section 1. Notice Inviting Tender 4

Section 1. Notice Inviting Tender

MADHYA PRADESH JAL NIGAM MARYADIT


(A Government of Madhya Pradesh Undertaking)
D Wing, 2nd Floor, Vindhyachal Bhawan, Bhopal - 462004
Ph.: 0755-2579034, 2579874 || Fax: 0755-2579873
www.mpjalnigam.mp.gov.in || E-mail: mpjalnigam@mp.gov.in
CIN No.- U41000MP2012SGC028798

NIT No.: 05/PROC./MPJNM/2020-21 Bhopal, Dated 24/07/2020


Madhya Pradesh Jal Nigam Maryadit, Bhopal invites online tenders from consultants
empanelled under EOI No. 19/02/Tech./MPJN/2019 Dated 14.10.2019 for following works as
per the critical date specified on Madhya Pradesh Government E-Procurement Portal
https://mptenders.gov.in.
1. Name of Work: Consultancy Services for Preparation of Detailed Project Report for Multi
Village Schemes for villages of various districts of Madhya Pradesh which
include Survey & investigation, Source Study & Assessment, Design,
Drawing, Cost Estimates, Technical Specifications and Bill of Quantities
etc. complete.
2. Proposed Multi Village Schemes

Probable Time
Earnest Cost of
No. of Amount of Period
S. NIT Name of Money Tender
District Source Villages Consultancy (including
No. No. Scheme Deposit Form
(Tentative) (PAC) rainy
(INR) (INR)
(Rs. Lakh) season)
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
Rewa, Vindhya Ban
1 05 Sidhi & Kshetra Sagar 4110 1380.00 10,00,000 30,000 6 months
Satna MVS Dam
Jabalpur Narmada
2 06 Jabalpur 771 230.25 2,30,250 15,000 5 months
MVS River
Sheopur Chambal
3 07 Sheopur 397 148.875 1,48,875 12,500 5 months
MVS River
Moojhari Moojhari
4 08 Sheopur 119 44.625 50,000 5,000 4 months
MVS Reservoir

Notes:
1. The DPR shall be prepared as per the operational guidelines of Jal Jeevan Mission
(JJM), Department of Drinking Water and Sanitation (DDWS), Ministry of Jal Shakti
(MoJS), Government of India (GoI) as amended from time to time.
2. There may be separate schemes with respect to source or may be combined that will be
decided on technical analysis basis.
Section 1. Notice Inviting Tender 5

Terms:
1. Detailed NIT of proposed Multi Village Schemes can be seen and downloaded from
the M.P. Government E-Procurement Portal https://mptenders.gov.in and Madhya
Pradesh Jal Nigam Maryadit website www.mpjalnigam.mp.gov.in

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


Madhya Pradesh Government E-Procurement Portal.

3. The bidder shall calculate its Bid Capacity as per Schedule 1 given in the tender
document and submit online in Cover-2. The financial bids shall be opened in the
descending order according to PAC of the bids due for opening on the scheduled date.
The financial offer of the bidder whose bid capacity is lower than the PAC given in the
NIT shall not be opened.

4. During the evaluation of multiple bids, if a bidder is awarded any work from the
tendered packages then for the subsequent packages; the bidding capacity shall be re-
evaluated by subtracting the estimated contract amount of the awarded package.

5. The Pre-bid meeting will be held on the date and time specified in critical dates.

6. MPJNM will not be responsible for any delay in submission of Bid due to any reason.

7. MPJNM reserves the right to accept or reject any Bid, cancel the bidding process and
reject all bids, at any time prior to the award of contract, without incurring any notice
and answerability to the affected bidder or bidders or any obligation to inform the
affected bidder or bidders regarding the grounds for the decision.

8. For any queries related to bid submission, please call Madhya Pradesh Government E-
Procurement Cell Help Desk Number 0120-4001 002, 0120-4200 462, 0120-4001 005,
0120-6277 787.

Managing Director
Madhya Pradesh Jal Nigam Maryadit
Bhopal
Section 2. Instructions to Consultants (ITC) – Data Sheet 6

Section 2. Instructions to Consultants

A. General Provisions

1. Definitions (a) “Affiliate(s)” means an individual or an entity that


directly or indirectly controls, is controlled by, or is
under common control with the Consultant.
(b) “Applicable Law” means the laws and any other
instruments having the force of law in the India, as
they may be issued and in force from time to time.
(c) “Client” means Madhya Pradesh Jal Nigam Maryadit.
(d) “Consultant” means a legally established professional
consulting firm or an entity that may provide or
provides the Services to the Client under the Contract.
(e) “Contract” means a legally binding written agreement
signed between the Client and the Consultant and
includes all the attached documents.
(f) “Data Sheet” means an integral part of the Instructions
to Consultants (ITC) Section 2 that is used to reflect
specific assignment conditions to supplement, but not
to over-write, the provisions of the ITC.
(g) “Day” means a calendar day, unless otherwise
specified as “Business Day”. A Business Day is any
day that is an official working day of the client. It
excludes official public holidays.
(h) “Government” means the Government of India or
Government of Madhya Pradesh, as the case may be.
(i) “in writing” means communicated in written form
(e.g. by mail, e-mail, fax, including, if specified in the
Data Sheet, distributed or received through the
electronic-procurement system used by the Client)
with proof of receipt;
(j) “Joint Venture (JV)” means an association with or
without a legal personality distinct from that of its
members, of more than one Consultant where one
member has the authority to conduct all business for
and on behalf of any and all the members of the JV,
and where the members of the JV are jointly and
severally liable to the Client for the performance of
the Contract.
Section 2. Instructions to Consultants (ITC) – Data Sheet 7

(k) “ITC” (this Section 2 of the RFP) means the


Instructions to Consultants that provide the shortlisted
Consultants with all information needed to prepare
their Proposals.
(l) “Proposal” means the Technical Proposal and
Financial Proposal of the Consultant.
(m) “RFP” means this Request for Proposal be prepared
by the Client for the selection of Consultants.
(n) “Services” means the work to be performed by the
Consultant pursuant to the Contract.
(o) “Terms of Reference (TORs)” means the Terms of
Reference that explains the objectives, scope of work,
activities, and tasks to be performed, respective
responsibilities of the Client and the Consultant, and
expected results and deliverables of the assignment.

2. Introduction 2.1. The Client named in the Data Sheet intends to select a
Consultant from those empanelled as per the
empanelment notification mentioned in Data Sheet, in
accordance with the method of selection specified in the
Data Sheet.
2.2. The empanelled Consultants are invited to submit online
Technical & Financial Proposal, as specified in the Data
Sheet, for consulting services required for the
assignment named in the Data Sheet.
2.3. The Consultants should familiarize themselves with the
local conditions and take them into account in preparing
their Proposals, including attending a pre-proposal
conference if one is specified in the Data Sheet.
Attending any such pre-proposal conference is optional
and is at the Consultants’ expense.
2.4. The Client will timely provide, at no cost to the
Consultants, the inputs, relevant project data, and reports
required for the preparation of the Consultant’s Proposal
as specified in the Data Sheet.

3. Conflict of 3.1. The Consultant is required to provide professional,


Interest objective, and impartial advice, at all times holding the
Client’s interest’s paramount, strictly avoiding conflicts
with other assignments or its own corporate interests and
acting without any consideration for future work.
Section 2. Instructions to Consultants (ITC) – Data Sheet 8

3.2. The Consultant has an obligation to disclose to the Client


any situation of actual or potential conflict that impacts
its capacity to serve the best interest of its Client. Failure
to disclose such situations may lead to the
disqualification of the Consultant or the termination of
its Contract.
3.2.1. Without limitation on the generality of the
foregoing, the Consultant shall not be hired under
the circumstances set forth below:

a. Conflicting (i) Conflict between consulting activities and


Activities procurement of goods, works or non-consulting
services: a firm that has been engaged by the Client to
provide goods, works, or non-consulting services for a
project, or any of its Affiliates, shall be disqualified
from providing consulting services resulting from or
directly related to those goods, works, or non-
consulting services. Conversely, a firm hired to
provide consulting services for the preparation or
implementation of a project, or any of its Affiliates,
shall be disqualified from subsequently providing
goods or works or non-consulting services resulting
from or directly related to the consulting services for
such preparation or implementation.
b. Conflicting (ii) Conflict among consulting assignments: A Consultant
Assignments (including its Experts) or any of its Affiliates shall not
be hired for any assignment that, by its nature, may be
in conflict with another assignment of the Consultant
for the same or for another Client.
c. Conflicting (iii) Relationship with the Client’s staff: A Consultant
Relationships (including its Experts) that has a close business or
family relationship with a professional staff of the
Client, who are directly or indirectly involved in any
part of (i) the preparation of the Terms of Reference for
the assignment, (ii) the selection process for the
Contract, or (iii) the supervision of the Contract, may
not be awarded a Contract, unless the conflict
stemming from this relationship has been resolved in a
manner acceptable to the client throughout the
selection process and the execution of the Contract.
Section 2. Instructions to Consultants (ITC) – Data Sheet 9

4. Unfair 4.1. Fairness and transparency in the selection process


Competitive require that the Consultants or their Affiliates competing
Advantage for a specific assignment do not derive a competitive
advantage from having provided consulting services
related to the assignment in question. To that end, the
Client shall indicate in the Data Sheet and make
available to all shortlisted Consultants together with this
RFP all information that would in that respect give such
Consultant any unfair competitive advantage over
competing Consultants.

5. Fraud and 5.1. The client requires compliance with Anti-Corruption


Corruption Guidelines and prevailing sanctions policies and
procedures as set forth by the Government.
5.2. In further pursuance of this policy, Consultants shall
permit and shall cause its agents (where declared or not),
subcontractors, service providers, suppliers, and their
personnel, to permit the Client or its representative to
inspect all accounts, records and other documents
relating to any short listing process, Proposal
submission, and contract performance (in the case of
award), and to have them audited by auditors appointed
by the Client.

6. Eligibility 6.1. The Client permits consultants to offer consulting


services who have been empanelled for providing the
necessary services.
6.2. Furthermore, it is the Consultant’s responsibility to
ensure that its Experts, joint venture members, agents
(declared or not), sub-contractors, service providers,
suppliers and/or their employees meet the eligibility
requirements as established in the Applicable
Regulations.
6.3. As an exception to the foregoing ITC 6.1 and ITC 6.2
above:

a. Sanctions 6.3.1. A Consultant that has been sanctioned by the


Client, state government or any of its departments,
central government or any of its departments shall
be ineligible to provide services or submit
proposals.
Section 2. Instructions to Consultants (ITC) – Data Sheet 10

b. Restrictions 6.3.2. Government officials and civil servants are not


for Public eligible to be included as Experts, individuals, or
Employees members of a team of Experts in the Consultant’s
Proposal unless:
(i) the services of the government official or civil
servant are of a unique and exceptional nature, or
their participation is critical to project
implementation; and
(ii) Their hiring would not create a conflict of
interest, including any conflict with employment
or other laws, regulations, or policies.

B. Preparation of Proposals
7. General 7.1. In preparing the Proposal, the Consultant is expected to
Considerations examine the RFP in detail. Material deficiencies in
providing the information requested in the RFP may result
in rejection of the Proposal.

8. Cost of 8.1. The Consultant shall bear all costs associated with the
Preparation of preparation and submission of its Proposal, and the Client
Proposal shall not be responsible or liable for those costs, regardless
of the conduct or outcome of the selection process. The
Client is not bound to accept any proposal and reserves the
right to annul the selection process at any time prior to
Contract award, without thereby incurring any liability to
the Consultant.

9. Language 9.1. The Proposal, as well as all correspondence and documents


relating to the Proposal exchanged between the Consultant
and the Client, shall be written in the language(s) specified
in the Data Sheet.

10. Documents 10.1. The Proposal shall comprise the documents and forms
Comprising the listed in the Data Sheet.
Proposal
11. Only One 11.1. The Consultant (including the individual members of any
Proposal Joint Venture) shall submit only one Proposal, either in
its own name or as part of a Joint Venture in another
Proposal. If a Consultant, including any Joint Venture
member, submits or participates in more than one
Section 2. Instructions to Consultants (ITC) – Data Sheet 11

proposal, all such proposals shall be disqualified and


rejected.

12. Proposal 12.1. The Data Sheet indicates the period during which the
Validity Consultant’s Proposal must remain valid after the
Proposal submission deadline.
12.2. During this period, the Consultant shall maintain its
original Proposal without any change to the proposed
rates and the total price.

a. Extension of 12.3. The Client will make its best effort to complete the
Validity negotiations within the proposal’s validity period.
Period However, should the need arise, the Client may request,
in writing, all Consultants who submitted Proposals prior
to the submission deadline to extend the Proposals’
validity.
12.4. If the Consultant agrees to extend the validity of its
Proposal, it shall be done without any change in the
original Proposal.
12.5. The Consultant has the right to refuse to extend the
validity of its Proposal in which case such Proposal will
not be further evaluated.

b. Sub- 12.6. The Consultant shall not subcontract the whole of the
Contracting Services.

13. Clarification 13.1. The Consultant may request a clarification of any part of
and the RFP during the period indicated in the Data Sheet
Amendment of before the Proposals’ submission deadline. Any request
RFP
for clarification must be sent in writing, or by standard
electronic means, to the Client’s address indicated in the
Data Sheet. The Client will respond in writing, or by
standard electronic means, and will send written copies
of the response (including an explanation of the query but
without identifying its source) to all empanelled
Consultants. Should the Client deem it necessary to
amend the RFP as a result of a clarification, it shall do so
following the procedure described below:
13.1.1. At any time before the proposal submission
deadline, the Client may amend the RFP by
issuing an amendment in writing or by
standard electronic means. The amendment
Section 2. Instructions to Consultants (ITC) – Data Sheet 12

shall be uploaded on Madhya Pradesh


Government E-Procurement Portal and will be
binding on all empanelled Consultants.
13.1.2. If the amendment is substantial, the Client may
extend the proposal submission deadline to
give the Consultants reasonable time to take an
amendment into account in their Proposals.

14. Preparation of 14.1. While preparing the Proposal, the Consultant must give
Proposals particular attention to the following:
Specific 14.1.1. The Client may indicate in the Data Sheet the
Considerations
Client’s estimated total cost of the assignment.
This estimate is indicative, and the Proposal
shall be based on the Consultant’s own
estimates for the same.
14.1.2. For assignments under the LCS selection
method, the estimated Key Experts’ time input
is not disclosed. Total probable budget, with an
indication whether it is inclusive or exclusive
of taxes, is given in the Data Sheet.

15. Proposal 15.1. Preparation of Proposal


Format, 15.1.1. Bidder should login on the M.P. Govt. E-
Submission and Procurement Portal (https://mptenders.gov.in)
Content
and prepare the bid after following the
complete procedure of portal.
15.1.2. Bidder should consider any corrigendum /
addendum published online before submitting
their bids.
15.1.3. Bidder should login on the portal well in
advance for bid submission so that they can
upload the bid in time i.e. on or before the bid
submission time. Bidder will be responsible
for any delay due to any issues.
15.2. Preparation of covers: single stage three cover system
15.2.1. In the 1st cover of online submission, Bidders
are directed to submit the detail of tender
document fee and EMD.
15.2.2. In the 2nd cover of online submission, Bidders
are directed to submit duly signed bid capacity
statement along with bid capacity calculation
in accordance with Schedule 1 of Data Sheet.
Section 2. Instructions to Consultants (ITC) – Data Sheet 13

15.2.3. In the 3rd cover of online submission, Bidders


are directed to submit Financial Proposal in
portal (only online submission accepted).
15.3. The Consultant and its Experts are responsible for
meeting all tax liabilities except GST arising out of the
Contract. GST will be payable separately on prevailing
rates.
15.4. Taxes and duties paid by the Consultant for this work, for
which Consultant was not responsible on the day of
submission of its financial bid, will be reimbursed on
production of proof of deposit of such claim.
15.5. All other deductions e.g. Income Tax, Security Deposit,
etc. as per rules and terms shall be deducted from the
running bills of the consultants.
15.6. The Consultant shall express the price for its Services in
Indian National Rupees.
15.7. Payment under the Contract shall be made in Indian
National Rupees.

C. Opening and Evaluation


16. Confidentiality 16.1. From the time the Proposals are opened to the time the
Contract is awarded, the Consultant should not contact
the Client on any matter related to its Proposal.
Information relating to the evaluation of Proposals and
award recommendations shall not be disclosed to the
Consultants who submitted the Proposals or to any other
party not officially concerned with the process, until the
Award of the Contract.
16.2. Any attempt by empanelled Consultants or anyone on
behalf of the Consultant to influence improperly the
Client in the evaluation of the Proposals or Contract
award decisions may result in the rejection of its
Proposal.
16.3. Notwithstanding the above provisions, from the time of
the Proposals’ opening to the time of Contract award
publication, if a Consultant wishes to contact the Client
on any matter related to the selection process, it shall do
so only in writing.

17. Public Opening 17.1. The Consultant’s attendance at the opening of the
of Financial Financial Proposals (in person, or online if such option is
Proposals
Section 2. Instructions to Consultants (ITC) – Data Sheet 14

indicated in the Data Sheet) is optional and is at the


Consultant’s choice.
17.2. The Financial Proposals shall be opened publicly by the
Client’s evaluation committee in the presence of the
representatives of the Consultants who choose to attend
on the date mentioned in Data Sheet. These Financial
Proposals shall be then opened, and the total prices read
aloud and recorded.
17.3. The Client will select the Consultant with the Most
Advantageous Proposal, which is the Proposal with the
lowest evaluated total price among the Proposals and
invite such a Consultant to sign the Contract.

18. Correction of 18.1. The Consultant is deemed to have included all prices in
Errors in the Financial Proposal, so neither arithmetical corrections
Lump-Sum nor price adjustments shall be made. Where there is a
Contracts
discrepancy between the amount in words and the amount
figures, the amount in words shall prevail.

D. Award
19. Award of 19.1. The Contract shall be signed promptly upon notification
Contract of Award.
19.2. The Consultant is expected to commence the assignment
on the date and at the location specified in the Data Sheet.
Section 2. Instructions to Consultants 15

E. Data Sheet

ITC Reference Details

A. General
2.1 Name of the Client: Madhya Pradesh Jal Nigam Maryadit
Method of selection: Least Cost Based Selection
Empanelment Notice No. EOI No. 19/02/Tech./MPJN/2019 Dated
14.10.2019

2.2 Technical & Financial Proposal to be submitted online

2.3 A pre-proposal conference will be held: Yes


Date of pre-proposal conference: As indicated in schedule of critical
dates on the Portal
The Client’s address is:
Attention: Manging Director
Mailing Address: Madhya Pradesh Jal Nigam Maryadit
(A Government of Madhya Pradesh Undertaking)
D Wing, 2nd Floor, Vindhyachal Bhawan, Bhopal - 462004
Email: mpjalnigam@mp.gov.in
Responses to any request for clarification, if any, will only be published
on the Portal indicated below.
Madhya Pradesh Government E-Procurement Portal:
https://mptenders.gov.in/
Client’s web page: www.mpjalnigam.mp.gov.in
The Client’s representative in charge of pre-proposal conference:
Name : Sri P K Raghuwanshi, General Manager - Procurement
Telephone : 0755 -2579874
E-mail : gmproc.mpjalnigam@mp.gov.in

2.4 The Client will provide the following inputs, project data, reports,
etc. to facilitate the preparation of the Proposals: As included in the
RFP

4.1 N/A
B. Preparation of Proposals
9.1 This RFP has been issued in the English language.
Proposals shall be submitted in English language.
All correspondence exchange shall be in English language.

10. The Proposal shall comprise the following:


i. In the 1st cover of online submission, Bidders are directed to
submit the detail of tender document fee and EMD
ii. In the 2nd cover of online submission, duly signed bid capacity
statement and bid capacity calculations as per Schedule 1.
Section 2. Instructions to Consultants 16

ITC Reference Details

iii. In the 3rd cover of online submission, bidders are directed to


submit Financial Proposal in portal (only online submission
accepted).
Information, which the bidder considers to be proprietary, should be
clearly marked as such. All information provided by the bidder will be
treated as confidential and used for Client internal purposes only.

12.1 Proposals must remain valid for 180 days after the proposal
submission deadline.

13.1 Clarifications may be requested no later than 15 days prior to the


submission deadline.
The contact information for requesting clarifications is as indicated in DS
2.3.

17.2 The Proposals must be submitted in accordance with the schedule


specified as Critical Dates on Madhya Pradesh Government E-
Procurement Portal (https://mptenders.gov.in).
The Proposals shall be submitted online on Madhya Pradesh
Government E-Procurement Portal (https://mptenders.gov.in).

15.3 All dues regarding taxes, etc. excluding GST levied on the Consultant’s
work by the Government and local bodies will be payable by the
Consultant.

D. Award

19.2 Expected date for the commencement of the Services: 10 days after
issuance of the Letter of Award.
Section 2. Instructions to Consultants 17

Schedule 1 – Bid Capacity


(to be filled in by the Bidder)

I. Average Annual Turnover for last 5 Financial Years

S. Financial Average Annual Escalation Average Annual Turnover


No. Year Turnover Factor after Escalation
(Rs. Lakhs) (Rs. Lakhs)
(1) (2) (3) (4) = (2) * (3)
1 2018-19 1.00
2 2017-18 1.10
3 2017-16 1.21
4 2016-15 1.331
5 2014-15 1.4641

Note:
i. 10% escalation / year shall be given to bring the value at present level
ii. Certificate of Average Annual Turnover duly signed by Chartered Accountant to be
submitted.

II. Existing Commitments (Work in Hand)

Existing commitments – (Value of ‘C’ - Work in Hand for Bid Capacity formula)

Employer/
Amount
Agreement Date of Amount Engineer in
S. Name of Date of of
Number & Work of Charge’s
No. Work Completion balance
Year Order Contract Name and
work*
Address

Total
* The amount of balance work should be computed as Amount of Contract minus Billed
Amount as on submission date.
Note:
i. Certificate duly signed by the Employer / Engineer-in-Charge shall be enclosed for each
ongoing work.
ii. Certified copy of amount of balance work duly signed by Chartered Accountant to be
submitted.
Section 2. Instructions to Consultants 18

III. Bid Capacity Calculation


Bid Capacity = (2 x A x B) – C
Where:
A = Maximum turnover (after escalation) in any one year during last 5 years
Proposed contract period for the subject tender in years [to be taken as 0.5 for contracts
B =
up to six months]
C = Amount of work in hand at present

Note:

i. Bid Capacity duly calculated according to the above process has to be submitted by the
Bidder/each member of Joint Venture.
Section 3. Terms of Reference 19

Section 3. Terms of Reference

Preparation of Detailed Project Report

A. Objective of the Assignment


The objective of the assignment is to prepare Detailed Project Report in compliance with Jal
Jeevan Mission (JJM), Department of Drinking Water and Sanitation (DDWS), Ministry of Jal
Shakti (MoJS), Government of India (GoI) guidelines and other applicable standards for
preparation of rural water supply schemes to provide water supply at household level in various
villages of the state. An indicative list of applicable standards and regulations is as follows:
i. Jal Jeevan Mission (JJM) Operational Guidelines or any further revision
ii. Manual for Preparation of Detailed Project Report for Rural Piped Water Supply
Schemes published by Ministry of Drinking Water & Sanitation, GoI
iii. Manual on Water Supply and Treatment by Central Public Health and Environmental
Engineering Organisation (CPHEEO), Ministry of Urban Development, GoI
iv. Specification of RCC work and other civil works, pipes and fittings, gates, valves,
specials and all other materials shall be governed by relevant latest BIS codes and
specifications.
v. National Building Code of India (latest edition)
vi. Code of practice for earthquake resistant designs IS-1893
vii. Specification for civil engineering works shall be governed by "Standard Specification
Published" by State Govt and / or CPWD Govt of India with up to date amendments.
viii. Government specification for electric works in Govt. Department in Madhya Pradesh
in force from 1972 with up to date amendments.
ix. Any other specification not covered under the above said standard or / and required to
be changed as per site conditions shall be fixed by the Madhya Pradesh Jal Nigam
Maryadit.
Design Period for Components
Design period for various components should be according to the Manual for Preparation of
Detailed Project Report for Rural Piped Water Supply Schemes published by Ministry of
Drinking Water & Sanitation, Government of India as updated from time to time. Accordingly,
project components should be designed to meet the requirements of the following design
period:
Design Period
S. No. Items
(in years)
1 Source – Surface 30
2 Intake works 30
3 Pumping
i. Pump house (Civil works) 20
Electric motor and pumps (stars rated (electric motors –
ii. 10
energy efficient pumps) may be used)
4 Water Treatment Units 20
Pipe connection to several treatment units and other small
5 20
appurtenances
6 Raw water and clear water conveying mains 20
Section 3. Terms of Reference 20

Design Period
S. No. Items
(in years)
Clear water reservoirs at the head works, balancing tanks and
7 20
service reservoirs (overhead or ground level)
8 Distribution system 20

B. Scope of Services
The Consultant’ services will be used for preparation of DPR and overall responsibility to
deliver the outputs will rest solely with the Consultant. The Consultant shall ensure timely
delivery of the documents and completion of various works assigned, establish coordination
among all stakeholders and within the team members of the Consultant and to interact with the
Client on regular basis. Consultant must submit fortnightly progress report of the work done
and a technical person must attend the PIU / Head office to discuss issues / provisions being
taken in the DPR on fortnightly basis.
Detailed Task and Expected Deliverables
The Consultant shall be responsible to carry out the tasks appended hereunder. The Consultant
shall be wholly responsible for all the details of the proposal, the physical and site conditions,
the execution methodology, etc. All data utilized in preparation of the proposal shall be
presented indicating the source of the data and also the basis of assumptions, if any.
The Consultant shall be responsible for all the data or designs and drawings and cost estimate
given by them. The tasks appended hereunder are neither limited nor conclusive; the Consultant
shall be obliged in performing their tasks and responsibilities.
The Detailed Project Reports should be prepared adhering to the requirements of Jal Jeevan
Mission (JJM) Operational Guidelines issued by Department of Drinking Water and Sanitation,
Ministry of Jal Shakti, Government of India.
1. Field Investigations and Site Surveys
i. Geotechnical Surveys: Soil tests as per relevant IS/ IRC Standards must be carried
out by Consultant to arrive at design parameter for the formation and safe bearing
capacity. At locations proposed for important installations like OHT, etc. minimum of
two boreholes for every such installation shall be made to determine the SPT-N values
at depth specified in the relevant IS codes, soil samples taken from bore holes should
be usually classified, index properties should be determined and presented in along with
the final report.
ii. Conditional Assessment: Carry out inspection of the service area understand problems
in equitable distribution and identify required operational measures or investment
proposals. Identifying critical bottlenecks and problems of the existing system with the
help of detailed topographic survey and prepare base maps for the existing distribution
system including all the infrastructures, strip plans to improve the information base and
analyse the existing water supply system in the project area using hydraulic modelling
with WaterGems or other standard modelling software.
iii. Water Quality: To conduct water quality test for the samples collected at intake
location for all the parameters in an accredited laboratory.
iv. Topographical Survey: The topography and other surveys for OHR/ UGR locations
and other salient features, etc., shall be conducted by the Consultant as per the needs of
the project and described in this ToR.
Section 3. Terms of Reference 21

2. Design Scope
i. The design should be optimized in considering the locations of existing overhead tanks
unaltered and relocating the proposed overhead tanks if required and taking much care
in designing the network. Consultant shall ensure that in distribution pipeline design,
there is a single point control, for each village.
ii. The optimized design should ensure that at all the nodes in the design, adequate residual
pressure is available and quantity, as per the norm in force.
iii. If the revised design is warranted for relocation of existing OHR’s or any proposal of
new OHRs, the Consultant should conduct necessary geotechnical surveys as per the
relevant IS /IRC standards to arrive at design parameters and bearing capacity for each
of the sites proposed at required depth as per relevant IS codes.
iv. GAD drawings of all proposed components to be prepared and enclosed with the DPR.
v. All electrical installations and necessary drawings relating to OHR/ UGR/ Pump house
shall be prepared with electrical designs including estimation of the load for obtaining
service connection.
vi. Estimation of Quantity and Costs: Prepare project cost estimate including capital, O&M
Costs based on the above and prepare financial analysis and economic analysis
including internal rate of return/economic rate of return of the project. Justify the
assumptions made by illustrations, which are executable. The cost estimate shall be
based on the current schedule of rates. The estimate shall include road restoration
charges. There shall not be any lump sum provision in the estimate. For items not
covered in the schedule of rates market rates shall be adopted with evidence of three
quotes received from reputed firms or suppliers. BoQ should be detailed and
comprehensive to cover all aspects, including safety, worker facilities, EMP, etc., as
part of DPR preparation.
vii. Other provisions to be considered in BoQ / Estimate Provisions: Critical costs such as
shifting of underground utilities, working in unsafe-unhygienic-narrow areas, highly
populated and high traffic areas and high rock and highwater table areas. Provision for
trenchless technology should be provided wherever required. Rates for material of
construction should be specified for pipes, pumps and valves. Provision of finance
charges, insurance charges, labour cess, third party inspection charges, employer’s
office, transport, etc. and provision for statutory taxes and duties & GST; provisions for
safety planning, EMP, appropriate costs towards, vehicles, staff, laboratory equipment
and tests etc., for the employer; should also be included. Price contingencies should be
linked to implementation time frame and expected escalation. For the purpose of price
adjustment, Price index for the various components involved in the estimate should be
calculated and incorporated in the Bid Document.
viii. Consultant shall make the provision for plantation specifying number and type of plants
at all appropriate sites like Intake well, WTP, BPT, MBR, OHT, along with the
approach road as per site situation and conditions.
ix. The Consultant shall submit the Final Report consisting of conceptual drawings,
engineering drawings, detailed designs / drawings, etc., as required) along with Final
BOQ’s consisting of separate estimates of “in-village components” and their village
wise cost with separate drawing for each village, Operations and Maintenance plan, etc.
x. Implementation Plan: Prepare detailed implementation plan for the project, including
the list of the clearances required and procedures to be followed, related cost estimates,
Section 3. Terms of Reference 22

such as NH/ SH/ Canal/ Railways Crossings, Tree Cutting, etc. Provide estimates for
hiring of PMC for the project implementation with other required costs.
Brief Scope
1) Population forecasting with different methods, calculation of water requirement and other
design parameters for all villages and towns as per latest Jal Jeevan Mission Operational
Guidelines, Manual for Preparation of Detailed Project Report for Rural Piped Water
Supply Schemes issued by Ministry of Drinking Water and Sanitation, GOI dated 20th Feb
2013, with up to date amendment if any, CPHEEO Manual on Water Supply and Treatment,
NRDWP Guidelines 2013 and GOMP, PHED Guidelines, if any and other code in practice.
2) Carrying out necessary detailed survey for source and assessment of capacity of source to
meet water requirement throughout the year & especially in 4 months summer season by
standard norms; water testing of source and survey for intake well, pumping stations, water
treatment plant, break pressure tank, etc., topographical survey for conveyance main
(pumping/gravity), village map, overall village distribution system, etc. and strata details
for all components of DPR. Overall village means coverage of overall villagers including
Majra, Para, Tola as given in Gram panchayat record and other relevant record. In design
overall village should be considered and accordingly design, drawing, estimation, etc. to
be done. If no proper source is available, then suggestion to develop source/water
availability i/c drawing, estimation, etc. should also be done.
3) Process and Hydraulic designs of all components i.e. Storage reservoir, Intake well,
Economical size of pumping mains, Design of suitable type of Raw & Clear water pumps
and pump houses, Design of Electric sub stations, Hydraulic design of conveyance main
with appurtenances, Structural design of pillars, thrust blocks, etc., Hydraulic design of
different components of treatment plant, Break pressure tank, design of distribution system
along with design of overhead tanks/cisterns, staff quarters, approach roads & other
components of DPR.
4) Preparation of detailed coloured/B&W computerized drawings such as of Index map
showing area under consideration along with major proposed works, Schematic diagram,
Detailed village map showing existing and proposed works along with main features of
villages, drawing of Intake well cum pump house, Water treatment plant, Break pressure
tank, OHTs, Pump houses, Pillars, Thrust block, L-section with plan of conveyance mains
and distribution system.
5) Preparation of detailed quantity and abstract estimates, report and CPM network for
execution like Intake well cum pump house & approach bridge/road, Raw & Clear water
pumps, Electric sub stations, Conveyance mains (pumping/gravity) with appurtenances,
Pillars, Thrust block, etc., Treatment Plant, Break Pressure tank, Distribution systems, Over
Head Tanks / Cisterns, Pump houses, Staff quarters, Approach roads & Other components
of DPR, Land acquisition, Operation and Maintenance Estimate along with proposal of
revenue generation, Writing technical report, Preparation of CPM/Pert Chart, Compilation
of Design, Drawing, Estimates, etc. & submission of 10 copies of DPR along with soft
copies.
Section 3. Terms of Reference 23

Note:
Schematic diagrams of complete Project, to append in tender document for execution of
scheme, shall be submitted to give clear view of area to be covered and its profiles with
levels in minimum possible drawings, separately in 3 sets of hard and soft copies along
with the salient features.
For achieving the above scope of work, the Consultant should carry out the following tasks:
• Collection of all relevant data including old water supply data, if already in existence
and utilize those components which can be used, preparation of inception & feasibility
report, collection & analysis of water at source minimum one in a month for three
months, continuously testing it from Government Engineering College, Madhya
Pradesh Pollution Control Board, Laboratory for Physical, Chemical &
Bacteriological testing. If rainy reason does not fall during contract period then
collection of water quality data from water treatment plant on same source, if possible.
• Complete survey for overall scheme including villages with existing facility and other
source of water i.e. handpump, tube well, wells etc. and possible more villages if any,
not covered or mentioned in the tender.
• Preparation of contour map of all village overall survey and final source of overall
project area.
• GIS map showing the scheme area with all the village (along with their census codes)
and other administrative boundaries viz. block, district, parliamentary constituency
boundary, legislative assembly boundary, water supply infrastructure including the
intake, WTP and pipelines and collection of revenue data, if any from Gram panchayat.
• Consent from Gram panchayat/Urban body regarding execution of scheme & supply
of water, collection of revenue etc.
• Hurdles/obstruction/clearances from authorities should clearly be indicated. Source
should be as selected that, it shall be free from any hurdles/obstruction etc.
• Preparation of final DPR.
• The selected electric supply source/tapping point/selected substation should have
sufficient capacity to supply the uninterrupted electric supply. Hence, consent of
concerned electric company should also be taken.
• One village should be considered like one DMA (District Metering Area) and should
have separate tapping point to each village in order to make equitable distribution of
water.
6) Project Cost & Financial Viability
(i) The consultant shall undertake assessment of capital and operating costs for the
proposed infrastructure development and operating plan.
(ii) Normative costing method can be adopted for components like water treatment plants,
storage tanks, pumping machinery, pumping stations and offices etc. In case of pipe
networks and connections the cost estimation shall be based on bill of quantities with
separate costs for civil work, material supply and installation and commissioning.
Works and material prices shall be as per relevant schedule of rates being followed by
PHED and in case of bought out items, consultants shall obtain market rates and
provide the pricing basis.
Section 3. Terms of Reference 24

(iii)Annual operating cost model shall be prepared from the year of commissioning and
up to 20-year time frame with necessary inflation. The cost shall show the demand
and connections growth, production volume, sales volume, breakup of electricity
costs, staff salaries, repair and maintenance and other consumables etc. The consultant
shall prepare an operational plan duly assessing the organization structure, staffing
required, office infrastructure required for staff as well as for customer services,
transport, tools and plants necessary including spares for ensuring effective and
efficient operations.
(iv) Financial analysis for IRR and ERR shall also be incorporated in the DPR along with
cost benefit Analysis.
7) Implementation Plan
(i) Preparation of the project implementation schedule for execution. This will also
include drawing up project budget with monthly/quarterly target, furnish network
analysis such as CPM, PERT for purposes of effective project monitoring and regular
reports.
(ii) Suggesting use of modern technologies for implementation (monitoring / construction
/ O&M) of project. Suggesting Operation and Maintenance plan of the plant and
facilities created.
8) Environment & Social Consideration
(i) Preparation of Environmental and Social impact assessment Report to prepare
necessary impact assessment and Environmental Mitigation Plans and Resettlement
action Plans, if required.
(ii) Identifying specific protection arrangement for trees and other sensitive
environmental components. Tree cutting requirement if any shall be clearly identified
and listed with schedule of permission from regulatory authorities to facilitate cutting.
9) Water Recycling and Reuse - The consultant shall give emphasis on water recycling and
reuse while suggesting the technology for water treatment, the quantitative data shall be
incorporated for recycling and reuse of water in the scheme.
10) Wastewater disposal - The Consultant shall give waste water disposal system since project
implementation will enhance per capita supply in villages. A low-cost community-based
wastewater disposal system be proposed in DPR with separate cost estimate, to be taken up
for execution at a later stage.
11) Others - The consultant should assess potential of convergence with other schemes like
Swachh Bharat Mission, etc., for integration of components of these schemes with the
proposed system of waste disposal.

The Consultant shall also incorporate any other information as normally desired by external
funding agencies like World Bank, ADB, JICA and any other funding agency and modify
the DPR if required by funding agency.
12) Consultancy services are required to carry out detailed survey work such as contour
survey, levelling, etc. for sites such as river head works, balancing tank, water treatment
plant, pumping stations, storages etc. for all work sites including transmission system,
preparing L-section of transmission system and designing the scheme on the basis of
Manual for Preparation of Detailed Project Report for Rural Piped Water Supply
Schemes issued by Ministry of Drinking Water and Sanitation, GOI on dated 20 th
Feb 2013, Jal Jeevan Mission Operational Guidelines, National Rural Drinking Water
Section 3. Terms of Reference 25

Program (Guidelines-2013), Ministry of Rural Development, Manual on Water


Supply and Treatment, latest edition, published by Central Public Health and
Environmental Engineering Organization, Ministry of Urban Development New
Delhi and Govt. of Madhya Pradesh wherever applicable. Preparing detailed estimates,
other drawings and submitting the scheme in 10 copies along with soft copies. The detailed
estimates are to be prepared as per latest SOR's/ISSR’s of M.P. UADD, all volumes except
external electrification, & For external electrification M.P.V.V. CO. Ltd., M.P. PWD, M.P.
PHED and M.P. WRD, etc. (if required). List of covered villages and towns, to be included
in the Multi Village Rural water supply scheme and its latest census population and present
anticipated population is enclosed. From feasibility point of view, at the time of survey
addition, alteration and omission in proposed villages/towns may be possible, in such
condition consultant is required to justify its inclusion or exclusion with proper
reasoning. Also, as per Annexure-1 of NRDWP Guidelines coverage is to be
mentioned.
13) The Multi Village Rural water supply scheme would be based on surface source only. The
surface source must be selected such that it has sufficient flow/quantity and good quality
as desired for drinking water supply scheme. It is advised that the storage reservoir (if
required to be constructed) should be designed on the basis of 100% dependability. As far
as selection of site of impounding reservoir is concerned, the provisions given in Manuals
are followed.
14) The head works should be such that required water can be tapped easily. This will be RCC
structure. The size should be adequately adopted. Selection of sites such as Head Works,
Break Pressure Tank, alignment of Transmission Mains, Water Treatment Plant,
OHT/GSR, etc. shall be got approved from General Manager /Deputy General Manager of
PIU, Madhya Pradesh Jal Nigam Maryadit of that area, before taking up detailed survey.

Pre-Feasibility Report: Multi Village Rural water supply scheme of certain villages and
towns of the district of Madhya Pradesh has been identified for which Detailed Project Report
is to be prepared. In this scheme, it is proposed to take required raw water from river or existing
dam, from where, it is proposed to pump either in Water treatment Plant directly or through a
reservoir as per topography. The treated water would be taken in the GSR or OHT of the
village/town either by pumping or gravity flow. OHT's are proposed for larger villages to
supply potable water at the doorstep of the consumers. The capacity of the overhead tank shall
be so designed that by including cluster of nearby villages its capacity is not less than 100 KL,
as far as possible.
Important Terms & Conditions
As detailed above, the DPR should be prepared for Multi Village Rural water supply schemes
for villages and towns of proposed district. At the time of preparation of DPR, there is possibility
of addition, alteration and omission of villages and towns.
The skeleton of the scheme as a whole shall be such that it should be easily manageable for
Operation and Maintenance. As far as possible, alignment of pipes shall be avoided through
forest land.
The Consultant is required to submit soft copy and two hard copies of draft DPR to Project
Director at Bhopal after finalizing with the General Manager/Deputy General Manager of the
PIU of Madhya Pradesh Jal Nigam Maryadit. Consultant has to make presentation to justify
Section 3. Terms of Reference 26

the components taken in the DPR. The changes/suggestions, if any, shall be incorporated and
included in the final DPR.
The final report of the project shall be submitted as per NIT invariably and shall be got
approved from competent authority.
Introduction / Background
An introduction, giving broad details of the project area should be given in brief.
Compilation of the Detailed Project Report
The Consultant shall compile, prepare and submit the Detailed Project Report to Madhya
Pradesh Jal Nigam Maryadit within the period specified in Section 1 – Notice Inviting Tender.
The Consultant should be in touch with the officers of the PIU of Madhya Pradesh Jal Nigam
Maryadit during preparation and compilation of the report and should discuss with them from
time to time, the main features of the project, before finalizing the report, so as to complete the
report within stipulated period. The Consultant shall collect, and compile data required for the
project from respective Govt. authorities, Madhya Pradesh Jal Nigam Maryadit and M.P.
PHED. Required data will have to be collected /generated by the Consultant by contacting
agencies where such data is available.
The Detailed Project Report is to be prepared with such accuracy that actual execution to be
taken after wards should not suffer from:
(i) Inaccurate and inadequate survey and investigation.
(ii) Change in the location of various components.
(iii) Major changes in designs and type of work involved.
(iv) Inadequate survey, quantification, estimation, acquaintance with site conditions.
Cost estimates should be based on latest SOR's/ISSR’s of M.P. UADD, all volumes except
external electrification & For external electrification M.P.V.V. CO. Ltd., M.P. PWD, M.P.
PHED and M.P. WRD etc. (if required). Rate analysis shall be furnished for items, which are
not covered under the SOR's including extra leads and lifts. Such rates shall be finalized with
the consent of PIU, Madhya Pradesh Jal Nigam Maryadit.
Study, therefore, be carried out with more details, so that the working estimates framed by the
Consultants and the quantities mentioned therein shall fairly tally with the actual execution
within 5% of the provisions made in the detailed project report. The estimate to be prepared
should be in detail.
Attention of Consultants is specifically drawn to the basic, fundamental and important
requirement to the job. At no stage this requirement should be allowed to be overlooked.
The proper design of various components is expected in the Detailed Project Report so as to
provide realistic cost in DPR. Submission of contour maps shall be the essential feature of
the Project Report. The site conditions are therefore, required to be observed and studied
carefully as regard their suitability and adequacy and any other specific problems such as land
development, foundation condition, etc.
Restoration of damaged roads and services after providing and laying pipelines shall also have
to be taken into account.
Selection of sites and location of various sub works should be such that there would not be any
major difficulty in acquiring the lands and there would not be any need to shift sites or locations
of various components of the scheme. The Consultants should take cognizance of site
conditions, so as to present true picture. Due consideration is to be given to encroachment, if
any.
Section 3. Terms of Reference 27

The Consultants should provide a certificate in the Detailed Project Report that their authorized
representative has walked over the streets, at the location of various works and along the
alignment of all mains, etc and are fully conversant with the site conditions in order to ensure
that the proposals made in the report can be practically implemented. The investigations
include information about all conditions, water table, pipelines and cables, etc. Consultant,
during the stage of compilation of report should keep Madhya Pradesh Jal Nigam Maryadit
informed about such specific problems.
Design criteria:
The project is proposed to provide 55 lpcd clear water at consumer end and raw water
requirement should be taken as 80 lpcd including institutional, firefighting, losses, etc., with
20 hours pumping or as directed by Client.
Hydraulic design of all the components shall be carried out on the basis of Manual Published
by Ministry of Drinking water and Sanitation, Manual of Water Supply and Treatment
Published by CPHEEO and other designs shall be carried out on the basis of the relevant IS
codes. In case of any controversy, the decision of the Madhya Pradesh Jal Nigam Maryadit
shall be final and binding to Consultant/consultant. However, a brief description for design
criteria is as under-
(1) Population forecasting - The design population will have to be estimated as per the revised
guidelines recommended by Ministry of Drinking Water and Sanitation, Govt. of India, with
due regard to the entire factor governing the future growth and development of the project area.
Special factor causing sudden emigration or influx of population should also be foreseen to the
extent possible. A judgment based on these factors would help in selecting the most suitable
method of deriving the probable trend of the population growth in the area or areas of the
project as per the latest and revised guidelines of the Ministry, Govt. of India.
The base year is to be considered as 2023, intermediate years as 2033, 2043 and the ultimate
year as 2053 for the source, or as directed by Client.
(2) Survey and Investigation - Field survey and levelling work to be carried out is connection
with development of sources, site of intake well, various components of treatment units,
location of service reservoirs and its capacities and elevation, alignment and longitudinal
sections of conveyance main and distribution lines. Detailed maps of all villages showing
location of houses, schools, markets, hospitals, important public buildings and industries and
other institutions etc should be given.
The survey and investigation part shall, therefore, consists of detailed survey and
investigations and other aspects as under -
Survey would consist of chain and compass, Theodolite survey and levelling or by Total Station
at an interval of every 30m and at bend location additional levels should also be taken where
important features like humps, dips, obstacles, crossing, roads, railways, rivers, etc. are met
with, and as directed, with the help of Total station, theodolite, auto level, plane table and other
survey instruments.
The results of the survey are to be plotted on drawings to such a suitable scale as approved by
the General Manager, PIU, Madhya Pradesh Jal Nigam Maryadit of that area. The drawings
should also show the important existing nearby structures/geographical features, if any, which
are required to be located on estimation point of view.
The levels are required to be co-related to MSL, Permanent, as well as Temporary Bench
Marks will have to be established at places as specified by Madhya Pradesh Jal Nigam
Maryadit Engineers during surveying and these details should be made available in writing
to Madhya Pradesh Jal Nigam Maryadit Engineer. The consultants are requested to keep
Section 3. Terms of Reference 28

Madhya Pradesh Jal Nigam Maryadit representatives informed as regards the survey activities
being carried out at different locations so as to get themselves acquainted with the work being
carried out and make suggestions, while the survey is being carried out.
Detailed L-section survey should be carried out precisely.
At each of the stage, the consultants, before starting the work should consult with the Madhya
Pradesh Jal Nigam Maryadit engineers and obtain their consent for the site, route and
methodology of the survey. The detailing and further work should be carried only after such
approval in respect of survey, quantification, schedule of rates, estimates and preparation of
drawings, etc. After the initial works is carried out and got approved from Madhya Pradesh Jal
Nigam Maryadit engineer, further detailing should be done, this requirement applied in respect
of land acquisition also and only after it is established that no difficulties are anticipated in
respect of land acquisition, further detailing should be done.
Contours should be plotted at 1.0 m of intervals or as directed by Engineers. The contouring is
to be confined to areas and portion of the works where Intake well, GSR, ESR, WTP, Pumping
Stations are to be provided. Brief details of the proposed units should be shown on the contour
maps.
Consultant shall install Benchmarks on permanent plinths of the structures as per direction of
Engineer in charge, on which chainage and RL shall be painted with red paint. The Consultant
shall submit list of benchmarks so prepared.
Land Acquisition
After the location of Head Works, GSR and ESR, Treatment Plant, Conveyance Mains,
Distribution system, Approach Roads, Quarters etc. are decided, the Consultants should work
out the extent of land required to be acquired at specified places.
Having finalized the locations of various works, these details should be shown on the drawing
showing the widths of strips of land proposed to be acquired. The consultant should furnish
these details, so that Madhya Pradesh Jal Nigam Maryadit can proceed with the work of land
acquisition.
While proposing the locations and various components and alignments, reservations under
various Acts shall be verified by the consultants. The consultants shall also have to approach
Jila Panchayat/Village Panchayat for their concurrence the location of works like reservoirs
from the point of availability of that land for acquisition/transfer. When Jila Panchayat /Village
Panchayat inform the availability of the land suggested by the consultant, then only consultant
should proceed with further work of designing and estimation, etc.
The Consultant shall submit the Khasra number and Map of the land required with the
location of unit on that particular Khasra Map.
(3) Design period for different components
Water Supply Projects should be designed for specified design period after their completion.
The different components shall be designed as per revised “Manual for preparation of
Detailed Project Report for Rural Piped Water Supply Schemes’’ published by Ministry
of Drinking Water and Sanitation, Govt. of India. The RCC & other design shall be done with
standard norms and relevant IS standard. The component/members in contact with water shall
be designed in M-30 concrete & away from water in M-25 grade concrete.
3.1 Intake Well Cum Pump house - The following features should be considered for locating
the intake -
(1) The location where the best quality of water is available.
Section 3. Terms of Reference 29

(2) Absence of currents that will therefore impact the safety of the intake.
(3) Formation of shoals and bars should be avoided.
(4) Floods
(5) Availability of power and
(6) Accessibility
Under sluice should be provided for withdrawal of water from more than one level to cope up
with seasonable variation of depth of water. In the design of intake, a factor of safety must be
allowed, as forces to be resisted by intake are known only approximately. Under mining of
foundations due to water currents or overturning pressure due to deposits of silt against one
side of an intake structure are to be avoided. Proposal to avoid entrance of large/small objects
should be made in the under sluice by suitable means. The capacity of the conduit and the depth
of the suction well should be so proposed, that the intake ports to the suction pipes of pumps
will not draw air.
An RCC M-30 pump house shall be proposed over intake well to house raw water pumps. The
size of the pump house shall be so proposed as to locate the pumps/motors, valves, piping,
Control panels and cable trays in a rational manner with easy access and with sufficient space
around the equipment’s for the operation & maintenance. The minimum space between two
adjoining pumps shall be 1.0 m or as per design requirement. Space for control panel should
be planned as per Indian electricity rules. Proper headroom shall also be proposed.
3.2 Pumps: Minimum 50% standby arrangement shall be kept in the proposal. Prior to the
selection of pump for a pumping station, detailed consideration should be given to various
aspects, viz
(a) Nature of liquid, whether raw or clear water
(b) Type of duty required i.e. continuous, intermittent or cyclic.
(c) Present and projected demand and pattern of change in demand.
(d) The details of head and flow rate required.
(e) Type and duration of the availability of the power supply.
(f) Selecting the operating speed of pump and suitable drive / driving gear.
(g) The efficiency of the pump and consequent influence on power consumption and the
running costs.
(h) Various options possible by permuting the parameters of the pumping system
including the capacity and no. of pump including standby, combining them in series
or in parallel.
3.3 Water Conveyance Mains: The most economical size for conveyance mains should be
based on a proper analysis of the following factor -
(a) The period of design considered for the project and the quantities to be conveyed during
different phase of such period.
(b) The different pipe sizes against different hydraulic slopes, which can be considered for
the quantity to be conveyed.
(c) The different pipe materials which can be used for the purpose and their relative costs
as laid in position.
(d) The duty, capacity and installed cost of the pump sets required against the
corresponding sizes of the pipelines under consideration.
(e) The recurring costs on
(i) Energy charges (presently Rs. 4.35 per unit)
Section 3. Terms of Reference 30

(ii) Staff for operation of the pump sets,


(iii) Cost of repairs and renewals of the pump sets,
(iv) Cost of miscellaneous consumable stores, and
(v) Cost of replacement of the pump sets installed to meet the immediate
requirements, by new sets at an intermediate stage of design period.
(vi) Rate of interest may be taken as 10.5% p.a.
The material of the conduit is to be selected keeping in view the local cost and the nature of
terrain to be transverse and pressure comes in the pipelines. Suitable/ required appurtenances,
flow meters, thrust blocks; supporting pillars, manholes should be designed and proposed
accordingly.
A flow meter should be provided at the branch for each village, pressure transducer valves
may also be provided at suitable locations to maintain supply and pressure for the villages
located at higher elevations.
3.4 Reservoirs: The capacity of the service reservoir to be provided depends upon the
economic alternatives amongst suitable options. The minimum service or balancing capacity
depends on the hours and rate of pumping in a day, the probable variation of demand or
consumption over a day, the hours of supply can be calculated from a mass diagram or by a
demand and pumping budget. The variation of demand in a day for a town which depends on
the supply hours may have to be assumed or known from similar towns or determined based
on household survey. Reservoirs shall be proposed in RCC M-30 mix.
OHT's of designed capacity shall be proposed for large villages. The capacity of the overhead
tank shall be so designed that by including cluster of nearby villages its capacity is not less
than 100 KL, as far as possible for smaller villages, to supply potable water at the doorstep of
the consumers.
3.5 Distribution system: In the design of water supply distribution system, it is to be
recognized that consumption varies with the season, month, day and hour as for as the design
of distribution system is concerned, it is the hourly variation in consumption that matters. The
fluctuation in consumption is accounted for, by considering the peak rate of consumption at
rate of flow in the design of distribution system. A peak factor of 3 is recommended for design
of distribution system with a minimum residual pressure of 7.0 m. Now a days, most of the
villages are having CC roads, where excavation of the trenches and restoration of such roads
is not feasible, therefore in such situations, metallic pipes may be provided in the distribution
system, otherwise, HDPE pipes of minimum 6 kg/cm2 or as per design pressure 63 mm to 315
mm outer diameter and above 315 mm diameter DI pipes class as per design should be proposed
and minimum diameter shall be as per Manual. The HDPE pipe joints shall be joined with the
electro- fusion with coupler not the butt welded. In case of rocky or hilly area, metallic pipes
should be proposed.
In case a village or town, now covered in the new Multi Village Rural water supply scheme is
already having an individual existing water supply scheme, water from new scheme shall be
connected to the existing GSR/ESR and the other component if required shall also be modified
as per design requirement.
The ESR shall be augmented as required. Concerned General Manager, M.P. PHE Dept. or
PIU, Madhya Pradesh Jal Nigam Maryadit shall give the details of existing distribution system
to the successful consultants. In case the distribution system is an old one, it shall be discarded
and designed afresh. In other cases, the distribution system shall be designed for additional
requirement.
Section 3. Terms of Reference 31

3.6 Treatment Plant: The aim of water treatment is to produce and maintain water that is
hygienically safe, aesthetically attractive and palatable, in an economical manner. Though the
treatment of water would achieve the desired quality, the evaluation of its quality should not
be confined to the end of the treatment facilities but should be extended to the point of
consumer use. The unit operation in water treatment should include aeration (if required),
flocculation (rapid and slow mixing) and clarifications, filtration (rapid sand) and disinfection.
The hydraulic design of the different units of treatment plant should be carried out according
to provisions given in Manual on Water Supply and Treatment published by CPHEEO. The
treatment plant units shall be proposed in RCC M-30 mix excluding building part which shall
be of RCC (M-25 Mix) framed brick masonry.
3.7 Preparation of Detailed Drawings: Detailed layout maps of each village should be
prepared showing all important details like School, Gram Panchayat, Hospital, Bank, Other
Government buildings, Proposed and Existing works like Over Head Tanks with their
capacities and staging, Pipe Lines, Cisterns, Stand Post, lengths, RLs etc. Printouts on suitable
size sheets for villages and towns should be given.
L-section of all the pumping mains, gravity mains should also be prepared and submitted on
appropriate size sheets as directed by Madhya Pradesh Jal Nigam Maryadit. Drawings should
be marked with chainage, RLs of Ground, RLs of Invert of pipes, depth of cutting, locations of
Pipe Appurtenances, Air Valves, Sluice Valves, Pressure Relief Valves, Pillars, etc. along with
Plan of pipelines.
Detailed drawings of all proposed structures should also be given on appropriate size sheets as
approved by Madhya Pradesh Jal Nigam Maryadit.
Schematic diagram showing all the proposed works should also be prepared and submitted.
All the Drawings/Maps should be prepared through computer (AutoCAD) and shall be
prepared in different coloured as approved by Madhya Pradesh Jal Nigam Maryadit.
3.8 Preparation of Estimates: Cost estimates for all the proposed works should be
given. After the survey is carried out, and the sizes and other details of various units are
decided, the consultant should estimate the quantum of work involved.
Having finalized such quantum of work, the consultants should proceed with the preparation
of cost estimates of the various components of the work.
The cost estimates are required to be prepared with full details and adequate care, in short, the
estimates should not be prepared arbitrarily, and it should be ensured that quantities mentioned
therein shall fairly tally with the actual execution.
Variation more than 10% of the provisions made in the Detailed Project Report with the
actual may disqualify the consulting agency for further empanelment.
Detailed estimate of intake well with approach bridge pipelines building and road works shall
be prepared on the latest SOR's/ISSR’s of M.P. UADD, all volumes except external
electrification, & For external electrification M.P.V.V. CO. Ltd., M.P. PWD, M.P. PHED and
M.P. WRD etc. (if required). Provision for components like motor pumps, generator sets, pipes,
appurtenances etc., which are not available in any SOR, should be taken on basis on current
prevailing rates of manufacturer / suppliers. Detailed analysis should be done for such items
and be finalized and approved by Madhya Pradesh Jal Nigam Maryadit.
The inflation with respect to WPI, published by Reserve Bank of India from the date of
enforcement of SOR adopted till the date of submission of DPR shall be adopted to bring
the estimated cost at present level separately also.
Section 3. Terms of Reference 32

Since the total provision for price escalation is based on the project implementation schedule,
the consultants should first prepare the implementation schedule and finalize the same after
concurrence from Madhya Pradesh Jal Nigam Maryadit. The implementation should provide
reasonable time for activities such as land acquisition, tendering, evaluation of offers and their
proper construction period. The various agencies responsible for taking the decision in this
respect will also to be identified.
In the implementation chart/works programme, specific mention for the works/decision/
permission related to other departments/agencies should be clearly indicated.
Also, the specific time period, in which, these activities are incorporated and should be
completed should be indicated, so as to ensure timely completion of the project.
The preliminary details of the villages and towns with its present scenario of water supply
should also be included in the DPR.
Operation & Maintenance Estimate should also be prepared on the basis of norms of
Government of M.P.P.H.E.D. Dept. and submitted along with the DPR.
The O&M estimates should be prepared common up to ESR of all the villages and other O&M
estimates for each village in such a way that the responsibility of O&M for each village and
water production cost of whole system can be ascertained. Proposal for maintenance cost
recovery or Revenue Generation should also be prepared and submitted with the DPR.
In the Abstract of Estimate, the O & M expenditure of first year shall be added without
electricity and chemical charges.
The scope of services inter-alia intended to be provided by the Consultant under this
Terms of Reference (TOR) shall also include the following at the respective stages as
required:
1. The selected villages, its numbers and the source are tentative. The Consultant shall be
responsible to prepare a sustainable and economical scheme for the whole project area.
In case of any changes, Consultant is required to justify the changes with proper
reasoning. Consultant may propose more than one scheme based on techno-economic
feasibility.
2. Consultant shall submit the methodology and procedure of field survey, design and
estimation in the inception report.
3. Consultant shall enclose a map in DPR showing the project area boundary on base of
topo-sheet layer indicating all villages, Source, Intake, WTP, MBR and other important
components.
4. Consultant shall enclose a table in DPR showing all Panchayats, Villages with Census
Code, Habitations, Mazra/tola with Assembly/Lok Sabha name against each village of
the project area.
5. Consultant shall submit a certificate of having visited every Gram Panchayat/village
with details of activities performed along with its time, duration and date, etc.
6. Consultant shall submit the list of Railway/NHAI/State Road Crossing along with
chainage of each crossing on map as per given format.
7. Consultant shall submit GAD map and area of land required for WTP, Intake and OHT.
8. Consultant shall collect details of all the useable existing infrastructure of water supply
such as WTP, OHT and pipeline in consultation with EE, PHED and GM, PIU and shall
use them in DPR and shall enclose a certificate in DPR to that effect.
9. Consultant shall submit a simple map (Nazari Naksha) of each village of gram
panchayat showing all habitations/mazra verified by the Sachiv/Sarpanch regarding
inclusion of all habitation with pipeline along with consent regarding running of scheme
inside of the village (opening of OHT Valve) and collection of water charges.
Section 3. Terms of Reference 33

10. Consultant shall submit list of all OHT with land requirement and Khasra with remark
about availability of Govt. land or permission from other department/acquisition of
land, if required.
11. Consultant shall ensure that in distribution pipeline design, there is a single point
control, for each village.
12. Consultant shall make the provision for plantation in DPR specifying number and type
of plants at all appropriate sites like Intake well, WTP, BPT, MBR, OHT, along the
approach road where plantation is possible as per site situation and conditions.
13. Consultant must keep regular contact with PIU and submit weekly progress of work
done. Technical Staff must attend the PIU office weekly to discuss issues / provisions
being taken in the DPR.
14. Preliminary design of the structures should be done to work out the estimated cost of
works. There is no need to give the detailed working designs and drawings of such
structures. The estimates should not be merely based on per MLD basis or per Liter
basis.
15. It will be the responsibility of the Consultant to ensure that all the villages in Project
Area are covered and collect the population of villages as per latest census.
16. If any town is falling in the route of the Multi-Village Scheme, then the guidelines as
per CPHEEO Manual on Water Supply and Treatment will be followed for the urban
body, but internal water supply system of that town is not in the scope of this work,
however, common components up to its bifurcation point should be designed for such
cumulative capacity (after consultation with MPJN).
17. Land acquisition will be done after the approval of the scheme by MPJN, but it will be
the responsibility of the Consultant to identify the land required and its location and the
respective cost of the land acquisition for various sites may be worked out as per
Collector’s rate.
18. The latest SORs can be downloaded from the respective web sites of the concerned
department or may be purchased by the consultant at his cost, from the concerned
agency/market, wherever it is available.
19. Consultant shall prepare brief profile of the area mapping of the study area, socio
economic, demographic, administrative, physical, land use, historical features of the
study area.
20. Consultant shall ensure that all the villages/ habitations within the project area are
included in DPR and no village/ habitation is left and shall enclose a certificate in DPR
to that effect and also, a certificate of having visited every Gram Panchayat/ village
with details of activities performed along with its time, duration and date, etc. shall be
attached.
21. To carry out a comprehensive review of the existing Water Supply System for the entire
area.
22. The administrative boundary for each area shall be indicated in the drawing by the
Consultant.
23. For each of the Area - estimate the current population and projected population for base
year, intermediate and ultimate years, fixing the expected year of commissioning as the
base year based on census data and collection of all available current data and other
aspects influencing the population growth both at village level and zonal level.
24. Based on the study, firm up the quantum of Water demand including bulk Water
demand in the project area, based on existing Water supply source for supply of water,
finalize design criteria in conformity with respective CPHEEO Manuals and other
national Standards for providing Water Supply Scheme in the project area.
Section 3. Terms of Reference 34

25. Fix the peak factor based on zoning population and as per CPHEEO guidelines and
estimate the residential, commercial and institutional connections for the proposed
system.
26. To assess the present condition of the water supply distribution network system
(Distribution network, service reservoirs in the distribution network, Existing and
proposed OHTs, GLSRs, Electrical and Mechanical Installations if any in the
Distribution System, Flow Meters, PRV, zoning, District Metering Area formation/
reformation, frequency of supply, etc.)
27. Topographic Survey: Conducting further detailed topographic survey (total station
survey) in the entire project area and also along the alignment transmission mains, from
Source/ Headworks/ WTP to the Service Reservoirs, for the preparation of road plan
with levels at suitable intervals (at every 30 m) and at junctions of roads, locations such
as change in gradients, road turnings, zoning areas and at selection of site for OHR
/UGRs in due consultation with the respective officials and prepare contour map,
accordingly. After completion of topographical survey work, the survey map should be
certified by Area Engineers in their jurisdiction to ensure the coverage of all the
villages. At least 5% of the survey work has to be cross checked in the field along with
the engineers in each of the area. Creation of Temporary Bench Marks (TBM) within
the project area with respect to the known GTS (Great Trigonometric Survey)
benchmark or a benchmark transferred from GTS by departments like PWD, Highways,
Railways, etc. and to establish PBMs in the proposed PS/ SR sites and also at the final
disposal points (if any). The survey data shall be plot at a suitable scale and it should
be CAD 3D format/ GIS format adopting appropriate scale & size showing contours at
1m interval, culvert, canal crossings, village boundary, etc. The Consultant should
commence the topographical survey for the area initially and furnish the report at the
Draft DPR stage.
28. Rate Analysis and Estimates: The Consultant shall conduct his own studies and prepare
estimates based on latest schedule of rates published by the MPJN/ UADD GoMP,
MPPWD, etc. and market survey for items not covered by the above including items
for implementing EMPs.
29. Identify sites for Head works/ OHT/ GLSR in the project area (in consultation with
revenue authorities/ MPJN/ other Government Departments) depending on the techno
economic consideration and prepare land plan schedules locating Head works with
Survey numbers so as to facilitate land acquisition /land alienation. Available alternate
sites should also be identified for Head works/ OHR/ GLSR if existing sites are not
adequate and details to be furnished in the report. Land acquisition will be done after
the approval of the scheme by MPJN. The respective cost of the land acquisition for
various sites may be worked out as per Collector’s rate.
30. Providing Pressure, Quality sensors at Critical points, Noise Loggers at strategic
locations and at DMA locations.
31. Feeder mains are to be designed to ensure supply of required quantity of water to each
reservoir. Provision of equitable distribution in the service area requires that each
reservoir should get only require water neither more nor less which is impossible to do
manually for all zones in the project area. Since variations in pressures at inlets affects
inflows into reservoirs, pressure and flow control arrangements into the reservoirs must
be automated.
32. Consultant shall make appropriate recommendations to ensure equitable distribution of
water to the Service Reservoirs (SRs) and from the SRs to the Distribution system of
the respective zones.
Section 3. Terms of Reference 35

33. Study on steps required for reduction of commercial losses with an action plan for
mitigating the same.
34. Consultant is required to provide a detailed SCADA plan and estimate in addition to
general estimate for water supply scheme.
35. The Consultant to identify the difficult stretches to work with, such as poor foundations,
high water tables, narrow areas, high traffic zones, densely populated areas, high rock
zones, flood prone areas, corrosive soils, etc.
36. The Consultant to explore the different options of routing the feeder main by reducing
social impact (temporary or permanent economic impacts).
37. Verifying the adequacy and efficiency of existing assets such as Pumps, Reservoirs, etc.
and suggest for replacement/ additional Pump capacity, reservoirs, etc. if needed.
38. Consultant shall carryout Willingness to Pay Survey covering end users (residential,
commercial, institutional, etc.).
39. Electrical and Mechanical: Provide detailed specification for all the electrical and
mechanical items proposed for the project including, designs, diagrams, etc, as required.
40. Estimation of the water connection charges and monthly tariff to be collected from the
residents along with the annual indexation for hike in tariff/ connection charges. These
details will provide a basis for arriving at the tariff at later date for each of the project
area.
41. Environmental impact assessment: Environmental impact assessment should be
undertaken, wherever required and measures identified to mitigate adverse impact, if
any. Issues relating to land acquisition, diversion of forest land, rehabilitation and
resettlement should be addressed in this section.
42. Resettlement Plan, if any: The Consultant to prepare necessary Resettlement Plan in
line with state safeguards policy and resettlement framework. The Consultant shall also
map the temporary economic impacts in pipeline alignments and propose mitigation
measures. The Consultant also study the presence of Indigenous Peoples and prepare
mitigation plans if needed.
43. Instrument / equipment: All necessary instruments to carry out the study shall be
arranged and operated by the Consultant at its own cost.
44. Project Designs: For the given purpose and functional use of the respective projects,
proper design must be developed. The Consultant has freedom to choose the design
provided provisions of Manual for Rural Water Supply Schemes (GoI) / code
specifications / CPHEEO stipulations are met with and the cost of construction and
operations and maintenance is less. The drawings and designs shall include a general
arrangement drawing and detailed drawings including hydraulic and preliminary
structural drawings of all components in suitable size such as A0, A1, A2, etc. The level
of detailing shall be such as to enable check of conformity with code provisions,
including detailed construction drawings.
45. If any town is falling in the route of the Multi-Village Scheme, then the guidelines as
per CPHEEO Manual on Water Supply and Treatment will be followed for the urban
body, but internal water supply system of that town is not in the scope of this work,
however, common components up to its bifurcation point should be designed for such
cumulative capacity (after consultation with MPJN).
46. Estimation of Quantities: Based on the surveys and designs evolved by the Consultant,
within the framework and the requirements of the projects, the Consultant has to prepare
detailed items and quantity schedules and subsequently work out the cost estimates,
including necessary BoQ items for Environmental Management Plans.
47. Financial Models: Prepare financial models for the estimated project cost by analysing
minimum five years financials and prepare Financial operating Plans. Three financial
Section 3. Terms of Reference 36

models to be prepared one with the assumption of implementing the project by State
Govt & Central Government grants, loans through Externally Assisted Project. The
Consultant shall also arrive at the user charges by adopting different pricing options.
Any changes if required by any funding agencies should also to be carried out by the
Consultant.
48. Economic Analysis: Carryout detailed economic analysis and cost-benefit analysis for
the project.
49. Draw up project budget with monthly targets; furnish network analysis such as CPM,
PERT for purposes of effective project monitoring and regular reports.
50. Prepare the project implementation schedule for execution including Investment
Planning, alternatives for investment, phasing based on commissioning time frame and
availability of funds.
51. Prepare effective resource allocation plan for cash flow, human resources, machinery
& equipment and materials.
52. Prepare procurement plan and implementation time schedules with necessary
packaging and phasing.
53. Recommend organizational set up for operation and maintenance of the system. Identify
requirements of staff along with costs including for implementing EMP in O&M stage.
54. All permissions from the Pollution Control Board (PCB), MOEF, PWD, railways,
NHAI, others, etc., to be listed out with procedures, fees etc. Consultant shall also
submit the list of Railway/ NHAI/ State Road Crossing along with chainage of each
crossing on map as per given format.
55. Prepare Quality Assurance Plan, Occupational Hazard and Safety Plan, and
Environmental Management Plan along with manpower requirement for their
implementation and cost.
56. Prepare O&M and Maintenance Management Plan and implementation plan, Non-
Revenue Water Manual and assess the manpower requirements including costs and
budget estimates.
57. Whenever power point presentation or otherwise are sought for, Consultant shall make
themselves available to various committee, funding agencies, discussions for obtaining
technical sanctions and other meetings to be held by the Client.
58. Following components as per JJM guidelines are also to be incorporated in DPR:
a. Functional House Tap Connection (FHTC) for every household in each habitation of
scheme area.
b. Grey water management - Consultant shall propose a methodology to take care of grey
water likely to be generated in the project area. Cost estimates related to Grey water
management are not required.
c. Emergency/ contingency plan for disaster / calamities / pandemic, etc. without cost
estimate

Reporting Requirements, Time and Payment Schedule for Deliverables


a) Reporting Requirements: During the performance of the Services, the Consultant shall
prepare required reports for submission to the Client in electronic form and/ or hard copies
as per Client’s instructions and in English language. The reporting formats shall be
amended as required from time-to-time in consultation with the Client. As a minimum, the
Consultant shall submit following reports at periods stated in table hereunder.
Section 3. Terms of Reference 37

Table 1: Deliverables

S.
Deliverables Broad Outline Time Schedule
No.
Inception Submission of inception and feasibility report 30 days from the
and relating to the source of the scheme (to prove the date of issue of
1
Feasibility adequacy of source for design period including Letter of Award
Report * Power Point Presentation (LOA)
Design concepts with various options, broad cost
estimates, environmental impact assessment. 120 days from
Outcome of Field surveys/ Investigations the date of
conducted with inferences and zoning of Area approval of
2 Draft DPR
along with proposals for improvement including Inception and
identifying the suitable sites for newly proposed Feasibility
Service Reservoirs, Sumps, etc., methodology for Report
full SCADA.
Final DPR with all drawings, designs, Bill of
30 days from
Quantities (BoQ) including separate estimates for
receipt of
3 Final DPR “in-village components” for all the villages
comments on
including drawings, cost estimate along with
Draft DPR.
technical schedules required for tender / contract.
*Inception report: Inception report shall have source analysis (to prove the adequacy of source
for design period as per norms) and if adequacy of source is not proved, the contract will be
closed at the inception report stage itself and total payments under the contract will be limited
to 5% of the PAC.
Note: The Consultant shall provide ground water availability report of different seasons and
water table of each village at the time of submission of Inception and Feasibility Report.
All the submissions will require a presentation to be made at the office of MPJN.
Consultant’s Payment
Table 2: Payment Schedule
No Milestone Payment Schedule (excluding GST)
Submission of Inception
1. 5% of Probable Amount of Consultancy (PAC)
and Feasibility Report
40% (including previous payment of 5% of PAC for
2. Clearance of Draft DPR inception and feasibility report) of the fee payable as
derived from the offered rates based on cost of Draft DPR
40% of the fee payable as derived from the offered rates
3. Submission of Final DPR
based on cost of Final DPR.
Balance of the fee payable after withholding 10% of the
4. Approval of Final DPR fee payable as derived from the offered rates based on cost
of Final DPR
Note:
i. If adequacy of source is not proved, the Contract will be closed at the feasibility report
stage itself and total payments under the Contract will be limited to 5% of PAC.
Section 3. Terms of Reference 38

ii. The items having lump sum provisions and contingencies, etc. considered in the DPR
shall not be considered for calculation of fee payable to the Consultant.
iii. An amount equivalent to 10% of the fee payable as derived from the offered rates based
on cost of Final DPR will be withheld till the completion of conceptual drawings and
GAD for execution of the scheme i.e. till the finalization of main drawings of the scheme
for execution.
iv. MPJNM may at its discretion impose a suitable penalty on the Consultant up to 10% of
the fee payable as derived from the offered rates based on cost of Final DPR in case any
deficiency is found in the DPR during the execution of the scheme e.g. in case of any
large variation during the execution is noticed. This penalty / deduction will be for
deficiency in services provided, whereas liquidated damages under Clause 36.4 of GCC
are for delay in completing the agreement work i.e. both are separate.
v. The Consultant may get the withheld amount released by submitting a Bank Guarantee
of amount equivalent to the amount withheld by Client in the format to be provided by
Client. Client will recover any penalty if applicable from the Bank Guarantee submitted
by the Consultant.

The Consultant’s payment shall be based on the above payment schedule. The payment will be
done only after approval of each report by the Client.
a. Consultant shall submit periodical reports in detail to the Client and shall attend
periodical reviews to be conducted by the Client with various departments of the
government. Consultant shall make presentations to Client and to various departments as
required during various stages of the assignment.
b. The Consultant would be required to submit 5 copies of each of the reports (printed back
to back) besides providing a soft copy of all reports and AutoCAD drawings. All design
input and output data for all components should be submitted in hard copy as well as soft
copy.
c. Package/ Area wise Reports have to be submitted for each of the outputs (if required)
d. The Client will not reimburse any additional cost for increase in road length in surveys
or increase in households.
e. Termination at any stage for any area by the Client. The appropriate proportional
payment for the area on sq. km. basis will be withheld.
f. The length of roads, extent of each area is only indicative. The Consultant shall be
responsible for its verification.
g. The data, details, maps, records collected (both hard and soft copies) by the Consultant
from various sources shall be handed over to Client at the end of the project.

Client’s Input and Counterpart Personnel


Services, facilities and property to be made available to the Consultant by the Client:
i. Data available with the Client such as reports, plans shall be shared with the Consultant.
However, the correctness of data shall be confirmed by the Consultant. The primary
survey and other data collection are the sole responsibility of the Consultant.
ii. Professional and support counterpart personnel to be assigned by the Client to the
Consultant’s team: The Client will appoint a nodal officer for coordination. The Client
will also make sure that the senior officials will be available to discuss the project as and
when required.
Section 3. Terms of Reference 39

Annexure 1
Salient Features of Scheme

No Parameter Details
1. Name of Scheme Vindhya Kshetra MVS
2. District Rewa, Sidhi & Satna
3. Proposed Source Ban Sagar Dam

No. of Villages
Rural Population
No District Block No of Villages
(Census 2011)
1. Rewa Rewa 188 2,43,619
2. Rewa Raipur (Kurchuliyan) 236 2,44,365
3. Rewa Mauganj 284 1,63,291
4. Rewa Hanumana 293 2,38,111
5. Rewa Naigarhi 313 1,62,637
6. Rewa Teonthar 261 2,24,136
7. Rewa Jawa 237 2,15,071
8. Rewa Sirmour 240 2,60,194
9. Rewa Gangeo 248 2,17,897
10. Sidhi Sidhi 285 2,98,073
11. Sidhi Rampur Naikin 185 2,68,934
12. Sidhi Sihawal 299 80,820
13. Sidhi Kusmi 131 1,52,424
14. Sidhi Majhouli 125 2,33,661
15. Satna Majhgawan 304 2,54,519
16. Satna Nagod 243 1,72,519
17. Satna Sohawal 238 2,07,164
Total 4,110 36,37,435

Note:
1. The Consultant shall ensure that there should be no overlapping in Project Area of this
DPR with the other completed / ongoing / under preparation or proposed MVS after
discussion with General Manager, PIU.
2. The Consultant shall ensure that all villages, habitations, tola, mazra from the proposed
Project Area are included in the DPR.
Section 4. Conditions of Contract and Contract Forms (I. Form of Contract) 40

Section 4. Conditions of Contract and Contract Forms

Contents

I. Form of Contract ..........................................................................................................43


II. General Conditions of Contract ...................................................................................45
A. GENERAL PROVISIONS .........................................................................................................45
1.
Definitions...........................................................................................................45
2.
Relationship between the Parties ........................................................................46
3.
Law Governing Contract.....................................................................................46
4.
Language .............................................................................................................46
5.
Headings .............................................................................................................46
6.
Communications .................................................................................................46
7.
Location ..............................................................................................................46
8.
Authority of Member in Charge .........................................................................46
9.
Authorized Representatives ................................................................................47
10.
Fraud and Corruption ..........................................................................................47
B. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT ..........47
11.
Effectiveness of Contract ....................................................................................47
12.
Termination of Contract for Failure to Become Effective ..................................47
13.
Commencement of Services ...............................................................................47
14.
Entire Agreement ................................................................................................47
15.
Modifications or Variations ................................................................................47
16.
Force Majeure .....................................................................................................47
17.
Suspension ..........................................................................................................49
18.
Termination .........................................................................................................49
C. OBLIGATIONS OF THE CONSULTANT ....................................................................................51
19.
General ................................................................................................................51
20.
Conflict of Interests.............................................................................................51
21.
Confidentiality ....................................................................................................52
22.
Liability of the Consultant ..................................................................................52
23.
Insurance to be taken out by the Consultant .......................................................52
24.
Accounting, Inspection and Auditing .................................................................53
25.
Reporting Obligations .........................................................................................53
26.
Proprietary Rights of the Client in Reports and Records ....................................53
27.
Equipment, Vehicles and Materials ....................................................................53
D. OBLIGATIONS OF THE CLIENT ..............................................................................................54
28. Access to Project Site..........................................................................................54
29. Change in the Applicable Law Related to Taxes and Duties ..............................54
30. Services, Facilities and Property of the Client ....................................................54
31. Counterpart Personnel .........................................................................................54
Section 4. Conditions of Contract and Contract Forms (I. Form of Contract) 41

32.
Payment Obligation ............................................................................................55
E. PAYMENTS TO THE CONSULTANT.........................................................................................55
33.
Taxes and Duties .................................................................................................55
34.
Currency of Payment ..........................................................................................55
35.
Mode of Billing and Payment ...............................................................................55
36.
Performance Security and Liquidated Damages .................................................56
F. FAIRNESS AND GOOD FAITH.................................................................................................56
37.
Good Faith ..........................................................................................................56
G. SETTLEMENT OF DISPUTES ..................................................................................................56
38. Amicable Settlement ...........................................................................................56
39. Dispute Resolution ..............................................................................................57
III. Special Conditions of Contract ....................................................................................58
IV. Appendices ...................................................................................................................61
Appendix A – Terms of Reference ....................................................................................61
Appendix B – Form of Performance Security ...................................................................62
Section 4. Conditions of Contract and Contract Forms (I. Form of Contract) 42

CONTRACT FOR CONSULTANT’S SERVICES

Project Name ____________________________

Contract No. ____________________________

Between

[Name of the Client]

and

[Name of the Consultant]

Dated:
Section 4. Conditions of Contract and Contract Forms (I. Form of Contract) 43

I. Form of Contract
(Text in brackets [ ] is optional; all notes should be deleted in the final text)

This CONTRACT (hereinafter called the “Contract”) is made the [number] day of the month
of [month], [year], between, on the one hand, [name of Client] (hereinafter called the “Client”)
and, on the other hand, [name of Consultant] (hereinafter called the “Consultant”).

[If the Consultant consist of more than one entity, the above should be partially amended to
read as follows: “…(hereinafter called the “Client”) and, on the other hand, a Joint Venture
(name of the JV) consisting of the following entities, each member of which will be jointly and
severally liable to the Client for all the Consultant’s obligations under this Contract, namely,
[name of member] and [name of member] (hereinafter called the “Consultant”).]

WHEREAS

(a) the Client has requested the Consultant to provide certain consulting services as
defined in this Contract (hereinafter called the “Services”);

(b) the Consultant, having represented to the Client that it has the required professional
skills, expertise and technical resources, has agreed to provide the Services on the
terms and conditions set forth in this Contract;

NOW THEREFORE the parties hereto hereby agree as follows:

1. The following documents attached hereto shall be deemed to form an integral part of
this Contract:

(a) The General Conditions of Contract;


(b) The Special Conditions of Contract;
(c) Appendices:
Appendix A: Terms of Reference

In the event of any inconsistency between the documents, the following order of
precedence shall prevail: the Special Conditions of Contract; the General Conditions of
Contract, including Attachment 1; Appendix A. Any reference to this Contract shall
include, where the context permits, a reference to its Appendices.

2. The mutual rights and obligations of the Client and the Consultant shall be as set forth
in the Contract, in particular:

(a) the Consultant shall carry out the Services in accordance with the provisions of
the Contract; and
(b) the Client shall make payments to the Consultant in accordance with the
provisions of the Contract.

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their
respective names as of the day and year first above written.
Section 4. Conditions of Contract and Contract Forms (I. Form of Contract) 44

For and on behalf of [Name of Client]

[Authorized Representative of the Client – name, title and signature]

For and on behalf of [Name of Consultant or Name of a Joint Venture]

[Authorized Representative of the Consultant – name and signature]

[For a joint venture, either all members shall sign or only the lead member, in which case the
power of attorney to sign on behalf of all members shall be attached.]

For and on behalf of each of the members of the Consultant [insert the name of the Joint
Venture]

[Name of the lead member]

[Authorized Representative on behalf of a Joint Venture]

[add signature blocks for each member if all are signing]


Section 4. Conditions of Contract and Contract Forms (IV. Appendices) 45

II. General Conditions of Contract


A. GENERAL PROVISIONS
1. Definitions 1.1. Unless the context otherwise requires, the following terms
whenever used in this Contract have the following meanings:
(a) “Applicable Law” means the laws and any other instruments
having the force of law in India, as they may be issued and in
force from time to time.
(b) “Client” means Madhya Pradesh Jal Nigam Maryadit.
(c) “Consultant” means a legally established professional consulting
firm or entity selected by the Client to provide the Services under
the signed Contract.
(d) “Contract” means the legally binding written agreement signed
between the Client and the Consultant and which includes all the
attached documents listed in its paragraph 1 of the Form of
Contract (the General Conditions (GCC), the Special Conditions
(SCC), and the Appendices).
(e) “Day” means a working day unless indicated otherwise.
(f) “Effective Date” means the date on which this Contract comes
into force and effect pursuant to Clause GCC 11.
(g) “Experts” means, collectively, Key Experts, Non-Key Experts,
or any other personnel of the Consultant or JV member(s)
assigned by the Consultant to perform the Services or any part
thereof under the Contract.
(h) “GCC” means these General Conditions of Contract.
(i) “Government” means Government of India or Government of
Madhya Pradesh, as the case may be.
(j) “Joint Venture (JV)” means an association with or without a legal
personality distinct from that of its members, of more than one
entity where one member has the authority to conduct all
businesses for and on behalf of any and all the members of the
JV, and where the members of the JV are jointly and severally
liable to the Client for the performance of the Contract.
(k) “Key Expert(s)” means an individual professional whose skills,
qualifications, knowledge and experience are critical to the
performance of the Services under the Contract.
(l) “Local Currency” means Indian National Rupees.
Section 4. Conditions of Contract and Contract Forms (IV. Appendices) 46

(m) “Non-Key Expert(s)” means an individual professional provided


by the Consultant to perform the Services or any part thereof
under the Contract.
(n) “Party” means the Client or the Consultant, as the case may be,
and “Parties” means both of them.
(o) “SCC” means the Special Conditions of Contract by which the
GCC may be amended or supplemented but not over-written.
(p) “Services” means the work to be performed by the Consultant
pursuant to this Contract, as described in Appendix A hereto.
(q) “Third Party” means any person or entity other than the
Government, the Client or the Consultant.
2. Relationship 2.1. Nothing contained herein shall be construed as establishing a
between the relationship of master and servant or of principal and agent as
Parties between the Client and the Consultant. The Consultant, subject
to this Contract, has complete charge of the Experts performing
the Services and shall be fully responsible for the Services
performed by them or on their behalf hereunder.
3. Law Governing 3.1. This Contract, its meaning and interpretation, and the relation
Contract between the Parties shall be governed by the Applicable Law.
4. Language 4.1. This Contract has been executed in the language specified in the
SCC, which shall be the binding and controlling language for all
matters relating to the meaning or interpretation of this Contract.
5. Headings 5.1. The headings shall not limit, alter or affect the meaning of this
Contract.
6. Communications 6.1. Any communication required or permitted to be given or made
pursuant to this Contract shall be in writing in the language
specified in Clause GCC 4. Any such notice, request or consent
shall be deemed to have been given or made when delivered in
person to an authorized representative of the Party to whom the
communication is addressed, or when sent to such Party at the
address specified in the SCC.

6.2. A Party may change its address for notice hereunder by giving
the other Party any communication of such change to the address
specified in the SCC.
7. Location 7.1. The Services shall be performed at such locations as are specified
in Appendix A hereto and, where the location of a particular task
is not so specified, at such locations, as the Client may approve.
8. Authority of 8.1. In case the Consultant is a Joint Venture, the members hereby
Member in authorize the member specified in the SCC to act on their behalf
Charge in exercising all the Consultant’s rights and obligations towards
Section 4. Conditions of Contract and Contract Forms (IV. Appendices) 47

the Client under this Contract, including without limitation the


receiving of instructions and payments from the Client.
9. Authorized 9.1. Any action required or permitted to be taken, and any document
Representatives required or permitted to be executed under this Contract by the
Client or the Consultant may be taken or executed by the officials
specified in the SCC.
10. Fraud and 10.1. The Client requires compliance with the Government’s anti-
Corruption corruption guidelines and its prevailing sanctions policies and
procedures.

B. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF


CONTRACT
11. Effectiveness of 11.1. This Contract shall come into force and effect on the date (the
Contract “Effective Date”) of the Client’s notice to the Consultant
instructing the Consultant to begin carrying out the Services.
This notice shall confirm that the effectiveness conditions, if any,
listed in the SCC have been met.
12. Termination of 12.1. If this Contract has not become effective within such time period
Contract for after the date of Contract signature as specified in the SCC, either
Failure to Become Party may, by not less than twenty two (22) days written notice
Effective to the other Party, declare this Contract to be null and void, and
in the event of such a declaration by either Party, neither Party
shall have any claim against the other Party with respect hereto.
13. Commencement 13.1. The Consultant shall begin carrying out the Services not later
of Services than the number of days after the Effective Date specified in the
SCC.
14. Entire Agreement 14.1. This Contract contains all covenants, stipulations and provisions
agreed by the Parties. No agent or representative of either Party
has authority to make, and the Parties shall not be bound by or
be liable for, any statement, representation, promise or
agreement not set forth herein.
15. Modifications or 15.1. Any modification or variation of the terms and conditions of this
Variations Contract, including any modification or variation of the scope of
the Services, may only be made by written agreement between
the Parties. However, each Party shall give due consideration to
any proposals for modification or variation made by the other
Party.
16. Force Majeure
a. Definition 16.1. For the purposes of this Contract, “Force Majeure” means an
event which is beyond the reasonable control of a Party, is not
foreseeable, is unavoidable, and makes a Party’s performance of
its obligations hereunder impossible or so impractical as
Section 4. Conditions of Contract and Contract Forms (IV. Appendices) 48

reasonably to be considered impossible under the circumstances,


and subject to those requirements, includes, but is not limited to,
war, riots, civil disorder, earthquake, fire, explosion, storm, flood
or other adverse weather conditions, strikes, lockouts or other
industrial action confiscation or any other action by Government
agencies.
16.2. Force Majeure shall not include (i) any event which is caused by
the negligence or intentional action of a Party or such Party’s
Experts or agents or employees, nor (ii) any event which a
diligent Party could reasonably have been expected to both take
into account at the time of the conclusion of this Contract, and
avoid or overcome in the carrying out of its obligations
hereunder.
16.3. Force Majeure shall not include insufficiency of funds or failure
to make any payment required hereunder.
b. No Breach of 16.4. The failure of a Party to fulfil any of its obligations hereunder
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 has
taken all reasonable precautions, due care and reasonable
alternative measures, all with the objective of carrying out the
terms and conditions of this Contract.
c. Measures to 16.5. A Party affected by an event of Force Majeure shall continue to
be Taken perform its obligations under the Contract as far as is reasonably
practical and shall take all reasonable measures to minimize the
consequences of any event of Force Majeure.
16.6. A Party affected by an event of Force Majeure shall notify the
other Party of such event as soon as possible, and in any case not
later than fourteen (14) calendar days following the occurrence
of such event, providing evidence of the nature and cause of such
event, and shall similarly give written notice of the restoration of
normal conditions as soon as possible.
16.7. 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.
16.8. During the period of their inability to perform the Services as a
result of an event of Force Majeure, the Consultant, upon
instructions by the Client, shall either:
(a) demobilize, in which case the Consultant shall be
reimbursed for additional costs they reasonably and
necessarily incurred, and, if required by the Client, in
reactivating the Services; or
Section 4. Conditions of Contract and Contract Forms (IV. Appendices) 49

(b) continue with the Services to the extent reasonably possible,


in which case the Consultant shall continue to be paid under
the terms of this Contract and be reimbursed for additional
costs reasonably and necessarily incurred.
16.9. In the case of disagreement between the Parties as to the
existence or extent of Force Majeure, the matter shall be settled
according to Clauses GCC 38 & 39.
17. Suspension 17.1. The Client may, by written notice of suspension to the
Consultant, suspend all payments to the Consultant hereunder if
the Consultant fails to perform any of its obligations under this
Contract, including the carrying out of the Services, provided
that such notice of suspension (i) shall specify the nature of the
failure, and (ii) shall request the Consultant to remedy such
failure within a period not exceeding thirty (30) calendar days
after receipt by the Consultant of such notice of suspension.
18. Termination 18.1. This Contract may be terminated by either Party as per provisions
set up below:
a. By the Client 18.1.1. The Client may terminate this Contract in case of the
occurrence of any of the events specified in paragraphs (a)
through (f) of this Clause. In such an occurrence the Client
shall give at least thirty (30) calendar days’ written notice
of termination to the Consultant in case of the events
referred to in (a) through (d); and at least sixty (60)
calendar days’ written notice in case of the event referred
to in (e):
(a) If the Consultant fails to remedy a failure in the
performance of its obligations hereunder, as specified in a
notice of suspension pursuant to Clause GCC 17;
(b) If the Consultant becomes (or, if the Consultant consists of
more than one entity, if any of its members becomes)
insolvent or bankrupt or enter into any agreements with
their creditors for relief of debt or take advantage of any
law for the benefit of debtors or go into liquidation or
receivership whether compulsory or voluntary;
(c) If the Consultant fails to comply with any final decision
reached as a result of arbitration proceedings pursuant to
Clause GCC 32;
(d) If, as the result of Force Majeure, the Consultant is unable
to perform a material portion of the Services for a period
of not less than sixty (60) calendar days;
(e) If the Client, in its sole discretion and for any reason
whatsoever, decides to terminate this Contract.
Section 4. Conditions of Contract and Contract Forms (IV. Appendices) 50

18.1.2. Furthermore, if the Client determines that the Consultant


has engaged in corrupt, fraudulent, collusive, coercive or
obstructive practices, in competing for or in executing the
Contract, then the Client may, after giving fourteen (14)
calendar days written notice to the Consultant, terminate
the Consultant's employment under the Contract.
b. By the 18.1.3. The Consultant may terminate this Contract, by not less
Consultant than thirty (30) calendar days’ written notice to the Client,
in case of the occurrence of any of the events specified in
paragraphs (a) through (d) of this Clause.
(a) If the Client fails to pay any money due to the Consultant
pursuant to this Contract and not subject to dispute pursuant
to Clauses GCC 31.1 within forty-five (45) calendar days
after receiving written notice from the Consultant that such
payment is overdue.
(b) If, as the result of Force Majeure, the Consultant is unable
to perform a material portion of the Services for a period of
not less than sixty (60) calendar days.
(c) If the Client fails to comply with any final decision reached
as a result of arbitration pursuant to Clause GCC 40.1.
(d) If the Client is in material breach of its obligations pursuant
to this Contract and has not remedied the same within forty-
five (45) days (or such longer period as the Consultant may
have subsequently approved in writing) following the
receipt by the Client of the Consultant’s notice specifying
such breach.
c. Cessation of 18.1.4. Upon termination of this Contract pursuant to Clauses
Rights and GCC 12 or GCC 16 hereof, or upon expiration of this
Obligations Contract pursuant to Clause GCC 14, all rights and
obligations of the Parties hereunder shall cease, except (i)
such rights and obligations as may have accrued on the
date of termination or expiration, (ii) the obligation of
confidentiality set forth in Clause GCC 21, (iii) the
Consultant’s obligation to permit inspection, copying and
auditing of their accounts and records set forth in Clause
GCC 24, and (iv) any right which a Party may have under
the Applicable Law.
d. Cessation of 18.1.5. Upon termination of this Contract by notice of either Party
Services to the other pursuant to Clauses GCC 18a or GCC 18b, 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
Section 4. Conditions of Contract and Contract Forms (IV. Appendices) 51

furnished by the Client, the Consultant shall proceed as


provided, respectively, by Clauses GCC 26 or GCC 27.
e. Payment 18.1.6. Upon termination of this Contract, the Client shall make
upon the payment for only the amount due to the Consultant in
Termination respect of the services / deliverables the Consultant has
completed

C. OBLIGATIONS OF THE CONSULTANT


19. General
a. Standard of 19.1. The Consultant shall perform the Services and carry out the
Performance Services with all due diligence, efficiency and economy, in
accordance with generally accepted professional standards and
practices, and shall observe sound management practices, and
employ appropriate technology and safe and effective
equipment, machinery, materials and methods. The Consultant
shall always act, in respect of any matter relating to this Contract
or to the Services, as a faithful adviser to the Client, and shall at
all times support and safeguard the Client’s legitimate interests
in any dealings with the third parties.
19.2. The Consultant shall employ and provide such qualified and
experienced Experts as are required to carry out the Services.
19.3. The Consultant shall retain full responsibility for the Services.
b. Law 19.4. The Consultant shall perform the Services in accordance with the
Applicable to Contract and the Applicable Law and shall take all practicable
Services steps to ensure that all of its Experts comply with the Applicable
Law.

20. Conflict of 20.1. The Consultant shall hold the Client’s interest’s paramount,
Interests without any consideration for future work, and strictly avoid
conflict with other assignments or their own corporate interests.
a. Consultant 20.1.1. The payment of the Consultant pursuant to GCC E
Not to Benefit (Clauses GCC 33 through 36) shall constitute the
from Consultant’s only payment in connection with this
Commissions, Contract and, subject to Clause GCC 20.1.3, the
Discounts, etc. Consultant shall not accept for its own benefit any trade
commission, discount or similar payment in connection
with activities pursuant to this Contract or in the
discharge of its obligations hereunder, and the
Consultant shall use its best efforts to ensure that
Experts and agents of either of them, similarly shall not
receive any such additional payment.
20.1.2. Furthermore, if the Consultant, as part of the Services,
has the responsibility of advising the Client on the
procurement of goods, works or services, the
Section 4. Conditions of Contract and Contract Forms (IV. Appendices) 52

Consultant shall at all times exercise such responsibility


in the best interest of the Client. Any discounts or
commissions obtained by the Consultant in the exercise
of such procurement responsibility shall be for the
account of the Client.
b. Consultant 20.1.3. The Consultant agrees that, during the term of this
and Affiliates Contract and after its termination, the Consultant and
Not to Engage any entity affiliated with the Consultant shall be
in Certain disqualified from providing goods, works or non-
Activities consulting services resulting from or directly related to
the Consultant’s Services for the preparation or
implementation of the project.
c. Prohibition of 20.1.4. The Consultant shall not engage and shall cause its
Conflicting Experts not to engage, either directly or indirectly, in
Activities any business or professional activities that would
conflict with the activities assigned to them under this
Contract.
d. Strict Duty to 20.1.5. The Consultant has an obligation and shall ensure that
Disclose its Experts shall have an obligation to disclose any
Conflicting situation of actual or potential conflict that impacts
Activities their capacity to serve the best interest of their Client,
or that may reasonably be perceived as having this
effect. Failure to disclose said situations may lead to the
disqualification of the Consultant or the termination of
its Contract.
21. Confidentiality 21.1. Except with the prior written consent of the Client, the
Consultant and the Experts shall not at any time communicate to
any person or entity any confidential information acquired in the
course of the Services, nor shall the Consultant and the Experts
make public the recommendations formulated in the course of,
or as a result of, the Services.
22. Liability of the 22.1. Subject to additional provisions, if any, set forth in the SCC, the
Consultant Consultant’s liability under this Contract shall be as determined
under the Applicable Law.
23. Insurance to be 23.1. The Consultant (i) shall take out and maintain at its own cost but
taken out by the on terms and conditions approved by the Client, insurance
Consultant against the risks, and for the coverage specified in the SCC, and
(ii) at the Client’s request, shall provide evidence to the Client
showing that such insurance has been taken out and maintained
and that the current premiums therefore have been paid. The
Consultant shall ensure that such insurance is in place prior to
commencing the Services as stated in Clause GCC 13.
Section 4. Conditions of Contract and Contract Forms (IV. Appendices) 53

24. Accounting, 24.1. The Consultant shall keep and shall make all reasonable efforts
Inspection and to keep, accurate and systematic accounts and records in respect
Auditing of the Services in such form and detail as will clearly identify
relevant time changes and costs.
24.2. The Consultant shall permit, the Client and/ or persons appointed
by the Client to inspect the Site and/or all accounts and records
relating to the performance of the Contract and the submission of
the Proposal to provide the Services, and to have such accounts
and records audited by auditors appointed by the client if
requested by the client. The Consultant’s attention is drawn to
Clause GCC 10 which provides, inter alia, that acts intended to
materially impede the exercise of the Client’s inspection and
audit rights provided for under this Clause GCC 24.2 constitute
a prohibited practice subject to contract termination
25. Reporting 25.1. The Consultant shall submit to the Client the reports and
Obligations documents specified in Section 3, in the form, in the numbers and
within the time periods set forth in the said Section 3.
25.2. The Consultant shall employ the Technical Staff as specified in
SCC. Failure to deploy the Technical Staff as specified in SCC
will lead to penalty of the Consultant as specified in SCC.
26. Proprietary Rights 26.1. All reports and relevant data and information such as maps,
of the Client in diagrams, plans, databases, other documents and software,
Reports and supporting records or material compiled or prepared by the
Records Consultant for the Client in the course of the Services shall be
confidential and become and remain the absolute property of the
Client. The Consultant shall, not later than upon termination or
expiration of this Contract, deliver all such documents to the
Client, together with a detailed inventory thereof. The Consultant
may retain a copy of such documents, data and/or software but
shall not use the same for purposes unrelated to this Contract
without prior written approval of the Client.
26.2. If license agreements are necessary or appropriate between the
Consultant and third parties for purposes of development of the
plans, drawings, specifications, designs, databases, other
documents and software, the Consultant shall obtain the Client’s
prior written approval to such agreements, and the Client shall be
entitled at its discretion to require recovering the expenses related
to the development of the program(s) concerned. Other
restrictions about the future use of these documents and software,
if any, shall be specified in the SCC.
27. Equipment, 27.1. Equipment, vehicles and materials made available to the
Vehicles and Consultant by the Client or purchased by the Consultant wholly
Materials or partly with funds provided by the Client, shall be the property
of the Client and shall be marked accordingly. Upon termination
or expiration of this Contract, the Consultant shall make available
to the Client an inventory of such equipment, vehicles and
Section 4. Conditions of Contract and Contract Forms (IV. Appendices) 54

materials and shall dispose of such equipment, vehicles and


materials in accordance with the Client’s instructions. While in
possession of such equipment, vehicles and materials, the
Consultant, unless otherwise instructed by the Client in writing,
shall insure them at the expense of the Client in an amount equal
to their full replacement value.
27.2. Any equipment or materials brought by the Consultant or its
Experts into the Client’s country for the use either for the project
or personal use shall remain the property of the Consultant or the
Experts concerned, as applicable.

D. OBLIGATIONS OF THE CLIENT


28. Access to Project 28.1. The Client warrants that the Consultant shall have, free of
Site charge, unimpeded access to the project site in respect of which
access is required for the performance of the Services. The
Client will be responsible for any damage to the project site or
any property thereon resulting from such access and will
indemnify the Consultant and each of the experts in respect of
liability for any such damage, unless such damage is caused by
the wilful default or negligence of the Consultant or the Experts.
29. Change in the 29.1. If, after the date of this Contract, there is any change in the
Applicable Law applicable law with respect to taxes and duties which increases
Related to Taxes or decreases the cost incurred by the Consultant in performing
and Duties the Services, then the payments to the Consultant under this
Contract shall be increased or decreased accordingly by
agreement between the Parties hereto.
30. Services, Facilities 30.1. The Client shall make available to the Consultant and the
and Property of the Experts, for the purposes of the Services and free of any charge,
Client the services, facilities and property described in the Terms of
Reference (Appendix A) at the times and in the manner
specified in said Appendix A.
30.2. In case that such services, facilities and property shall not be
made available to the Consultant as and when specified in
Appendix A, the Parties shall agree on (i) any time extension
that it may be appropriate to grant to the Consultant for the
performance of the Services, (ii) the manner in which the
Consultant shall procure any such services, facilities and
property from other sources, and (iii) the additional payments, if
any, to be made to the Consultant as a result thereof.
31. Counterpart 31.1. The Client shall make available to the Consultant free of charge
Personnel such professional and support counterpart personnel, to be
nominated by the Client with the Consultant’s advice, if
specified in Appendix A.
Section 4. Conditions of Contract and Contract Forms (IV. Appendices) 55

31.2. If counterpart personnel are not provided by the Client to the


Consultant as and when specified in Appendix A, the Client and
the Consultant shall agree on (i) how the affected part of the
Services shall be carried out.
32. Payment 32.1. In consideration of the Services performed by the Consultant
Obligation under this Contract, the Client shall make such payments to the
Consultant and in such manner as is provided by GCC E below.

E. PAYMENTS TO THE CONSULTANT


33. Taxes and Duties 33.1. The Consultant and Experts are responsible for meeting any and
all tax liabilities arising out of the Contract unless it is stated
otherwise in the SCC.
33.2. As an exception to the above and as stated in the SCC, all local
identifiable indirect taxes are reimbursed to the Consultant or are
paid by the Client on behalf of the Consultant.
34. Currency of 34.1. Any payment under this Contract shall be made in Indian
Payment National Rupees.
35. Mode of Billing and 35.1. Billings and payments in respect of the Services shall be made
Payment as follows:
(a) The Itemized Invoices. As soon as practicable and not later than
fifteen (15) days as per payment schedule mentioned in Section
3, the Consultant shall submit to the Client, in duplicate, itemized
invoices.
(b) The Client shall pay the Consultant’s invoices within sixty (60)
days after the receipt by the Client of such itemized invoices with
supporting documents. Only such portion of an invoice that is
not satisfactorily supported may be withheld from payment.
Should any discrepancy be found to exist between actual
payment and costs authorized to be incurred by the Consultant,
the Client may add or subtract the difference from any
subsequent payments.
(c) The Final Payment. The final payment under this Clause shall be
made only after the final report and a final invoice, identified as
such, shall have been submitted by the Consultant and approved as
satisfactory by the Client. Any amount that the Client has paid or
has caused to be paid in accordance with this Clause in excess of
the amounts payable in accordance with the provisions of this
Contract shall be reimbursed by the Consultant to the Client
within thirty (30) days after receipt by the Consultant of notice
thereof. Any such claim by the Client for reimbursement must
be made within twelve (12) calendar months after receipt by the
Client of a final report and a final invoice approved by the Client
in accordance with the above.
Section 4. Conditions of Contract and Contract Forms (IV. Appendices) 56

(d) All payments under this Contract shall be made to the accounts
of the Consultant specified in the SCC.
(e) With the exception of the final payment under (c) above,
payments do not constitute acceptance of the Services nor relieve
the Consultant of any obligations hereunder.
36. Performance 36.1. For the purposes of this Contract, performance security shall be
Security and an amount equal to 5% (five percent) of the Contract Value (the
Liquidated “Performance Security”) calculated based on Consultant’s quote
Damages and estimated project cost. The Consultant shall furnish the Bank
Guarantee substantially in the form specified at Appendix B of
this Agreement.
36.2. The Client shall recover the liquidated damages as specified in
Clause 36.4. The balance remaining out of the Performance
Security shall be returned to the Consultant at the end of 3 (three)
month after the payment for Milestone iv. i.e. Approval of Final
DPR.
36.3. The Client shall have the right to invoke and appropriate the
proceeds of the Performance Security, in whole or in part,
without notice to the Consultant in the event of breach of this
Agreement or for recovery of liquidated damages specified in
the Clause 36.4.
36.4. The Consultant shall perform the Services in accordance with
the timelines specified in the Section 3 – Terms of Reference. In
case of any delay in Services, liquidated damages as specified in
SCC will be applicable.
36.5. In the case of significant deficiencies in Services causing
adverse effect on the project or on the reputation of the Client,
other penal action including debarring for a specified period may
also be initiated as per policy of the Client.

F. FAIRNESS AND GOOD FAITH


37. Good Faith 37.1. The Parties undertake to act in good faith with respect to each
other’s rights under this Contract and to adopt all reasonable
measures to ensure the realization of the objectives of this
Contract.

G. SETTLEMENT OF DISPUTES
38. Amicable 38.1. The Parties shall seek to resolve any dispute amicably by mutual
Settlement consultation.
38.2. If either Party objects to any action or inaction of the other Party,
the objecting Party may file a written Notice of Dispute to the
other Party providing in detail the basis of the dispute. The Party
receiving the Notice of Dispute will consider it and respond in
Section 4. Conditions of Contract and Contract Forms (IV. Appendices) 57

writing within fourteen (14) days after receipt. If that Party fails
to respond within fourteen (14) days, or the dispute cannot be
amicably settled within fourteen (14) days following the
response of that Party, Clause GCC 31.1 shall apply.
39. Dispute Resolution 39.1. Any dispute between the Parties arising under or related to this
Contract that cannot be settled amicably may be referred to by
either Party to the adjudication/arbitration in accordance with the
provisions specified in the SCC.
Section 4. Conditions of Contract and Contract Forms (IV. Appendices) 58

IV. Special Conditions of Contract


Number of GCC Amendments of, and Supplements to, Clauses in the General
Clause Conditions of Contract

4.1 The language is: ENGLISH

6.1 and 6.2 The addresses are:

Client:
Attention: Manging Director
Mailing Address: Madhya Pradesh Jal Nigam Maryadit
(A Govt. of Madhya Pradesh Undertaking)
"D" Wing, 2nd Floor, Vindhyachal Bhawan, Bhopal - 462004
Email: mpjalnigam@mp.gov.in

Consultant:

Attention:
Facsimile:
E-mail:

8.1 [Note: If the Consultant consists only of one entity, state “N/A”;
OR
If the Consultant is a Joint Venture consisting of more than one entity,
the name of the JV member whose address is specified in Clause SCC
6.1 should be inserted here.]
The Lead Member on behalf of the JV is ___________
______________________________ [insert name of the member]

9.1 The Authorized Representatives are:

For the Client: Manging Director

For the Consultant: [name, title]

11.1 The effectiveness conditions are the following: NIL

12.1 Termination of Contract for Failure to Become Effective:


The time period shall be 180 Days

13.1 Commencement of Services:

The number of days shall be 180 Days

20 b. The Client reserves the right to determine on a case-by-case basis


whether the Consultant should be disqualified from providing goods,
works or non-consulting services due to a conflict of a nature
described in Clause GCC 20.1.3.
Section 4. Conditions of Contract and Contract Forms (IV. Appendices) 59

22.1 “Limitation of the Consultant’s Liability towards the Client:


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

23.1 The insurance coverage against the risks shall be as follows:

(a) Professional liability insurance, with a minimum coverage of


______

(b) Third Party liability insurance, with a minimum coverage of Ten


Lakhs.

(d) Insurance against loss of or damage to (i) equipment purchased


in whole or in part with funds provided under this Contract, (ii)
the Consultant’s property used in the performance of the
Services, and (iii) any documents prepared by the Consultant in
the performance of the Services.

25.2 a) The Consultant shall employ at least the following Technical Staff
during the preparation of DPR:
i. One Graduate Engineer when the scope of work involves
up to 299 villages
ii. Two Graduate Engineers when the scope of work involves
300 to 699 villages
iii. Three Graduate Engineers when the scope of work
involves 700 to 999 villages
iv. Four Graduate Engineers when the scope of work involves
1000 or more villages
b) The Technical Staff should be available at site whenever required
by the Client to take instructions.
c) In case the Consultant fails to employ the Technical Staff as
aforesaid the Client shall have the right to take suitable remedial
measures.
d) The Consultant should give the names, contact details and other
detail of the Technical Staff whom it intends to employ or who is
under employment on the work at the time it commences the
work.
e) The Consultant should give certificate to the effect that the
Technical Staff is exclusively in its employment.
f) Diploma in Civil Engineering with 12 years’ experience will be
considered equivalent to BE (Civil) for the purpose of this clause.
g) In case the Consultant fails to employ the Technical Staff as
aforesaid, it shall be liable to pay MPJNM sum of Rs. 30,000/-
(Thirty Thousand only) for each month of default.
Section 4. Conditions of Contract and Contract Forms (IV. Appendices) 60

26.2 The Consultant shall not retain / use any of the documents
prepared during the Consultancy services for purposes unrelated
to this Contract.

33.2 All taxes, levies, duties including GST are to be paid by the
Consultant. All applicable deductions e.g. Income Tax, Security
Deposit, etc. as per rules and terms of RFP shall be deducted from the
running bills of the Consultant. However, GST if applicable shall be
payable extra as per applicable rules of Govt. of India.
Taxes and duties paid by the consultant for this work, for which
consultant was not responsible on the day of submission of his
financial bid, will be reimbursed on production of proof of deposit of
such claim.

35.1(d) The accounts are: [insert account].

36.4 The time allowed for the carrying out the work as specified in the NIT,
shall be strictly observed by the Consultant and shall be reckoned from
the 10th day from the date on which the Letter of Acceptance is issued
to the Consultant. The work shall, throughout the stipulated period of
the contract be proceeded with all due diligence (time being deemed to
be of the essence of the contract on the part of Consultant) and the Client
shall deduct / Consultant shall pay as liquidated damages an amount
equal to 1% of the consultancy fee for every day of delay. Provided
always that the entire amount of liquidated damages to be paid under the
provisions of this Clause shall not exceed eight percent of the fee
payable as derived from the offered rates based on cost of Final DPR.

39. Disputes shall be settled by arbitration in accordance with the


following provisions:
Madhya Pradesh Arbitration Tribunal constituted under Madhya
Pradesh Madhyastham Adhikaran Adhiniyam, 1983
Section 4. Conditions of Contract and Contract Forms (IV. Appendices) 61

V. Appendices
APPENDIX A – TERMS OF REFERENCE

[This Appendix shall include the final Terms of Reference (TORs) worked out by the Client and
the Consultant during the negotiations; dates for completion of various tasks; location of
performance for different tasks; detailed reporting requirements; Client’s input, including
counterpart personnel assigned by the Client to work on the Consultant’s team; specific tasks
that require prior approval by the Client.

Insert the text based on the Section 3 (Terms of Reference) of the ITC in the RFP.]
Section 4. Conditions of Contract and Contract Forms (IV. Appendices) 62

APPENDIX B – FORM OF PERFORMANCE SECURITY

Bank Guarantee for Performance Security

_______________________________ [bank’s name and address of issuing branch or office]

Beneficiary: _____________________________ [Name and Address of Client]

Date: __________________________________

BANK GUARANTEE No.: _________________

We have been informed that [name of Consulting Firm, same as appears in the signed Contract]
(hereinafter called “the Consultants”) has entered into Contract No. [reference number of the
contract] dated [date] with you, for the provision of [brief description of Services] (hereinafter
called “the Contract”).

Furthermore, it has been stipulated by you in the said Contract that the Consultants shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with his obligations in accordance with the Contract;

AND WHEREAS we have agreed to give the Consultants such a Bank Guarantee;

NOW THEREOF we hereby affirm that we are the Guarantor and responsible to you, on behalf
of the Consultants up to a total of [amount of Guarantee] [amount of Guarantee in words], and
we undertake to pay you, upon your first written demand and without cavil or argument, any sum
or sums within the limits of [amount of Guarantee] [amount of Guarantee in words] as aforesaid
without your needing to prove or to show grounds or reasons for your demand for the sum
specified therein. We hereby waive the necessity of your demanding the said debt from the
Consultants before presenting us with the demand. We further agree that no change or addition to
or other modification of the terms of the Contract or of the services to be performed there under
or of any of the Contract documents which may be made between you and the Consultants shall
in any way release us from any liability under this Guarantee, and we hereby waive notice of any
such change, addition or modification. The liability of the Bank under this Guarantee shall not be
affected by any change in the constitution of the consultants or of the Bank. Notwithstanding
anything contained herein before, our liability under this Guarantee is restricted to [amount of
Guarantee] [amount of Guarantee in words] and the Guarantee shall remain valid till [date of
expiry of Guarantee]. Unless a claim or a demand in writing is made upon us on or before [date
Section 4. Conditions of Contract and Contract Forms (IV. Appendices) 63

of expiry of Guarantee], all our liability under this Guarantee shall cease. This guarantee shall be
valid until 3 months from the date of completion of time period as per agreement.

Signature and Seal of the Guarantor

Name and Designation Name and Designation

Name, address and seal of the Bank

Phone & Fax No.

Date

In presence of

1.
Signature

2.
Signature

Note: All italicized text is to assist in preparing this form and shall be deleted from the completed
form submitted to the Client.

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