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MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro

Line
6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY

E-TENDER FOR

Contract No: MMRDA/MPIU/ML6/CA-208

Appointment of General Consultant (GC) for civil works of Depot and Essential Staff
Quarters for Metro Line 6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail
Project of MMRDA at Kanjurmarg.

BID DOCUMENT

MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY


Metro-PIU, 7th floor, MMRDA New Office Building,
Bandra-Kurla Complex, Bandra (East)
Mumbai- 400051.

MMRDA/MPIU/ML6/CA-208 Page 1
MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line
6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY

Appointment of General Consultant (GC) for civil works of Depot and Essential Staff
Quarters for Metro Line 6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail
Project of MMRDA at Kanjurmarg.

Issued to:

MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY


Metro-PIU, 7th floor, MMRDA New Office Building,
Bandra-Kurla Complex, Bandra (East)
Mumbai- 400051.

MMRDA/MPIU/ML6/CA-208 Page 2
MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line
6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

INDEX

NAME OF WORK: Appointment of General Consultant (GC) for civil works of Depot and
Essential Staff Quarters for Metro Line 6 (Swami Samarthnagar to
Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at
Kanjurmarg.

Sr. Contents Page No.


No.
Invitation for Bids 6
Detailed Tender notice 7
I Instructions to Bidders & Scope of Work 12
I-B Instructions to Bidders 13
I-C Scope of work 40
II FORM OF CONTRACT 45
III GENERAL CONDITIONS OF CONTRACT 48
1.0 General Provisions 49
1.1 Definitions 49
1.2 Relation between the Parties 49
1.3 Law Governing the Contract 49
1.4 Language 49
1.5 Headings 50
1.6 Notices 50
1.7 Location 50
1.8 Authority of Member in-charge 50
1.9 Authorized Representative 50
1.10 Taxes and duties 50
2.0 COMMENCEMENT, COMPLETION, MODIFICATION, ANDTERMINATION 50
OF CONTRACT
2.1 Effectiveness of Contract 50
2.2 Termination of Contract for failure to Become Effective 50
2.3 Commencement of Services 51
2.4 Expiration of Contract 51
2.5 Entire Agreement 51
2.6 Modification 51
2.7 Force Majeure 51
2.7.1 Definition 51
2.7.2 No Breach of Contract 52
2.7.3 Measures to be taken 52
2.7.4 Extension of Time 52
2.7.5 Payments 52
2.7.6 Consultation 52
2.8 Suspension 52
2.9 Termination 53
2.9.1 By the Employer 53
2.9.2 By the Consultants 53
2.9.3 Cessation of Rights and Obligation 54
2.9.4 CESSATION OF SERVICES 54
2.9.5 Payment upon Termination 54
2.9.6 Disputes about Events of Termination 55

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MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line
6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

Sr. Contents Page No.


No.
3.0 Obligations of the Consultants 55
3.1 General 55
3.1.1 Standard of Performance 55
3.1.2 Law Governing Services 55
3.2 Conflict of Interest 55
3.2.1 Consultants Not to Benefit from Commissions, Discounts, etc. 55
3.2.2 Deleted 56
3.2.3 Consultants and Affiliates Not to Be Otherwise Interested in Project 56
3.2.4 Prohibition of Conflicting Activities 56
3.3 Confidentiality 56
3.4 Liability of the Consultants 56
3.5 Insurance to Be Taken Out by the Consultants 56
3.6 Accounting, Inspection and Auditing 57
3.7 Consultants’ Actions Requiring Employer’s Prior Approval 57
3.8 Reporting Obligations 57
3.9 Documents Prepared by the Consultants to be the Property of the 57
Employer
3.10 Equipment and Materials furnished by the Client 57
4.0 CONSULTANTS’ PERSONNEL 58

4.1 General 58
4.2 Description of Personnel 58
4.3 Approval of Personnel 58
4.4 Working hours, Overtime, Leave etc 58
4.5 Removal and/or Replacement of Personnel 59
5.0 OBLIGATIONS OF THE EMPLOYER 60
5.1 Assistance and Exemptions 60
5.2 Access to Land 60
5.3 Change in the Applicable Law 60
5.4 Services and Facilities 61
5.5 Payments 61
5.6 Counterpart Personnel 61
6.0 Payments to the Consultants 61
6.1 Cost Estimates Ceiling amount 61
6.2 Remuneration and Reimbursable Expenditure 62
6.3 Currency of Payment 62
6.4 Mode of Billing and Payment 62
6.5 Variation 63
7.0 Fairness and Good Faith 63
8.0 Settlement of Disputes 64
8.1 Amicable Settlement 64
8.2 Dispute Settlement 64
9 Delays and Liquidated Damages 64
10 Priority of Documents 64
IV SPECIAL CONDITIONS OF CONTRACT 65
V APPENDICES. 70
Appendix A- (Terms of Reference) Description of the Services 71
Appendix B- Reporting Requirements 101

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MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line
6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

Sr. Contents Page No.


No.
Appendix C- Key Designation and minimum supporting staff- 103
consultant’s professional staff
Appendix D- Consultancy fee and payment schedules 105
Appendix E- Services and facilities provided by the Employer 108
Appendix F- Form of Guarantee for Advance Payment 109
Appendix G- Letter of Intent, Letter of Acceptance, Letter of Power of 110
Attorney etc.
Appendix H - Sample Format for Banking Reference for Liquidity 111
VI Annexure –I : DETAILS OF KEY MANPOWER 113
Annexure-II: LIST OF SMILAR WORKS IN HAND 114
Annexure-III: LIST OF SIMILAR WORKS COMPLETED IN THE 115
LAST 7 YEARS
Annexure-IV: Annual Turnover of the Organization/Firm 116
Annexure-V: ( to be attached with e-Envelope “B”) 117
Annexure-VI: List of Bank 119
Annexure – VII : Format of curriculum Vitae (CV) for proposed 120
key staff of the group
Annexure – VIII : Summary of Proposed Key Staff 122
Annexure- IX : Composition of the team personnel and the task 123
which would be assigned to each team member
ANNEXURE -X: APPROACH PAPER ON WORK PLAN AND 124
METHODOLOGY PROPOSEDFOR PERFORMING THE ASSIGNMENT
APPENDIX XI Self Declaration Form 125
Appendix XII Consultancy Works done during the latest Five 126
Financial Year
Appendix XIII Details of Consultancy Works in Hand 127
Appendix XIV Financial Data 128
Appendix XIVA Undertaking for Financial Stability 130
Appendix XV Work Experience 131
Appendix XVA Summary of Information provided in Appendix 133
XV
Appendix XVI Undertaking for not being penalized in a Contract 134
Appendix XVII CONVENAT OF INTEGRITY 135
VII Index Plan 137

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MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line
6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

INVITATION FOR BID


(IFB)

MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY

Bandra-Kurla Complex, Bandra (East), Mumbai – 4000 51.


Tel: 26590001/04. Fax: 91-022-26594179
Website: http//www.mmrda.maharashtra.gov.in

e-Tender Notice

Mumbai Metropolitan Region Development Authority (MMRDA) invites bids from eligible
Bidders through e-Tendering. e-Tender details are as under.

Division Metro-PIU
Name of work Appointment of General Consultant (GC) for civil works of Depot and
Essential Staff Quarters for Metro Line 6 (Swami Samarthnagar to
Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg
Contact details Prafula Jamadar, Superintending Engineer, Metro-PIU, MMRDA
Tel:02226595973
Email: prafula.jamadar@mailmmrda.maharashatra.gov.in
e-tender portal: https://mahatenders.gov.in/nicgep/app
Important dates Milestone From date/time To date/time
Bid document download 22-09-2023 16-10-2023
1100hrs 1700hrs
Pre-bid meeting 03-10-2023
1100 hrs
Last date of online 16-10-2023
submission 1800hrs

The e-Tender can be downloaded from https://mahatenders.gov.in/nicgep/app Any


additional information, corrigendum and help for uploading and downloading the e-Tender, may
be availed by contacting Government of Maharashtra’s e-tendering service desk at the following
id: support-eproc@nic.in, mahatender@mailmmrda.maharashtra.gov.in or call us on 0120-4001
005/002 on any working day from 10 AM to 5.30 PM

Date: 22/09/2023 (Basavaraj M. B)


Place: Mumbai Director (P),
Metro-PIU, MMRDA

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MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line
6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

Mumbai Metropolitan Region Development Authority

7th floor, M.M.R.D.A. Office Building, Bandra-


Kurla Complex, C-14 & 15, E Block Bandra
(East), Mumbai - 400 051

DETAILED TENDER NOTICE AND GUIDELINES FOR SUBMISSION OF e-TENDER


DETAILED e -TENDER SHORT NOTICE
Government of Maharashtra’s e-Tendering Portal: https://mahatenders.gov.in/nicgep/app

Digitally Signed & unconditional online Tenders are invited by the Office of the Director
(Projects), Mumbai Metropolitan Region Development Authority, Bandra (East), Mumbai-
400 051, from Consultants fulfilling conditions as under:
1. Details of work
Name of Work Cost of Earnest Performance Contract
Blank Money security Period
Tender Deposit
Form (Per (In ₹)
Each)
Appointment of General ₹ 3,540/- 10 % of 30 Months
Consultant (GC) for civil works of (Including ₹ 17,35,625/- accepted (including
Depot and Essential Staff GST) contract monsoon)
Quarters for Metro Line 6
value. plus DLP
(Swami Samarthnagar to Vikroli
(EEH)) of Mumbai Metro Rail period 24
Project of MMRDA at months
Kanjurmarg

2. The tenders will be received online on above mentioned Government of Maharashtra


official E-Tendering portal and will be opened by the Director (Projects) on scheduled
date and time.
3. Online E-Tender Schedule

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MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line
6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

Sr. Bidder Start Date End Date


Tender Schedule
No. Schedule & Time &Time
Tender Document 22-09-2023 16-10-2023
1.
Download 1100hrs 1800hrs
Bid Submission 22-09-2023 16-10-2023
2.
online 1100hrs 1800hrs
Period of
03-10-2023 05-10-2023
3. Pre-bid meeting submission of
1100 hrs 1700 hrs.
queries
Last date of issuing 10-10-2023
4.
addendum 1800 Hrs.
Tender submission (last
16-10-2023
5. date of submission) --------- ---------------
1800 hrs
Closing
Opening Envelope A &B
– Tender Fees, EMD, 18-10-2023
6. --------- ------------
Technical Proposal, if 11.00 hrs
possible
4. Bidders should have valid class 3 Digital Signature Certificate (DSC) having both Signing
and Encryption Certificates obtained from any Certifying Authorities empaneled by
Controller of Certifying Authorities India. In case of requirement of DSC, Bidders should
go to https://mahatenders.gov.in/nicgep/app and follow the procedure mentioned in the
document procedure for Digital Certificate. Bidders who are participating in e-tendering
for the first time shall have to obtain User ID & password from the above mentioned
portal.
5. Tender Document and Supporting can be downloaded for reference purpose from the e-
Tendering Portal of Government of Maharashtra during the period mentioned in the
tender notice. Interested Bidders have to make online payment of Rs. 3,540 inclusive of
GST as Tender Processing Fee (non-refundable) using online payment gateway during
bid preparation. Tender Fee receipt will be system generated during bid preparation.
6. Tender Fee receipt must be uploaded during bid preparation by the bidder.
7. The Competent Authority reserves the right to reject any or all of the tender offers,
without assigning any reasons thereof.
8. The bids shall be received online on above mentioned Government of Maharashtra ’s
official e-Tendering portal.
9. Validity period of the offer of the bidder will be 120 days from the submission date of
the e- tender.
10. Deleted

11. A statement showing names of partners, Directors, etc. of the firm with complete address
of each should be uploaded to above mentioned Government of Maharashtra official e-
Tendering portal and authorized person on the behalf of firm who will sign e-tender
using Digital Signature Certificate.

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MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line
6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

12. The acceptance of bid will be intimated by email or otherwise by the Authority
Competent to accept the tender or by the higher Authority of MMRDA, to the Consultant
which shall be deemed to be an intimation of the tender given by the Authority
Competent to accept the tender.
13. The Successful bidder shall be responsible for executing, completing the work as per
specifications.
14. The successful Bidder shall have to submit signed copy of tender manually to the
Department before signing the Agreement.
15. MMRDA reserves the right to verify financial transactions of Consultant in his Bank /
Financial Institutions. Consultant should give Authority to that effect along with his
accounts number and Bank/ Financial institution name & address. Any changes /
modification may be communicated to MMRDA immediately.
16. The bidder should visit the site prior to submission of tender and ascertain the local site
condition, working restrictions, constraints, conditions in tender document regarding
necessary approvals, NOC required for the work from the local Authorities and shall
quote the offer inclusive of all such expenses likely to be incurred while execution of the
work. No claim or compensation for any extra payments incurred by the bidders towards
the approvals/ NOC’s/ permissions will be entertained by MMRDA, which shall be noted.

E-Tendering Guidelines
1. In case of any queries, Bidders may contact Government of Maharashtra’s e-tendering
service desk at support-eproc@nic.in, or call us on 0120-4001 005/002.
2. The tenders shall be received online on : https://mahatenders.gov.in/nicgep/app ,
Government of Maharashtra official E-Tendering portal and opened by the Director
(Projects), Metro-PIU, MMRDA on scheduled date and time.
3. If there is any amendment in the tender, the same shall be published on following
Government of Maharashtra’s official e-Tender portals / website:
4. Government of Maharashtra e-Tender Portal: https://mahatenders.gov.in/nicgep/app

5. MMRDA Website: https://mmrda.maharashtra.gov.in

6. The detailed e -Tender notice along with the subsequent corrigendum, addendum etc.
shall form part of the tender document.
7. The acceptance of tender will be intimated by email or otherwise by the authority
competent to accept the tender or by the higher Authority of MMRDA, to the Consultant,
which shall be deemed to be an intimation of the tender given by the Authority
Competentto accept the tender.
8. Tender submissions will be made online after uploading the mandatory scanned
documents Bid shall be submitted online on the e-tendering portal in ‘three electronic
envelopes system’ within prescribed schedule.
a) e-Envelope ‘A’ (Tender Fee, Prequalification Criteria if any):

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MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line
6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

Bidder should generate and upload scanned copies of Receipt for the
following:

i. Generate Receipt for e-tender fee.


ii. Upload Receipt of Earnest Money Deposit.
iii. Power of Attorney (PoA)
b) e-Envelope ‘B’ (Technical bid):
Bidder shall upload scanned copies of Technical Document as per RFP/Bid
document.
c) e-Envelope ‘C’ (Financial bid):
Bidder shall quote his offer based on his filled Financial Proposal at the
prescribed space in e-envelope “C”
i. Under “Price Bid- Covering Letter”
Upload the digitally signed copy of Tender document and Quotation in
company’s Letter head under the template “Price Bid- Covering Letter”
bidder shall upload scanned copy of Financial Proposal (Pricing
Document) of Tender document duly Quoted/Filled.
9. Payment Procedure for Tender Fee
Tender Document and Supporting can be downloaded for reference purpose from the
Maha Tendering Portal of GoM during the period mentioned in the tender notice.
Interested Bidders have to make online payment of Tender Fee using online payment
gateway during bid preparation. Tender Fee (including GST) receipt can be system
generated during bid preparation by the Bidder.
Tender fees for this work will be Rs. 3540/- (including GST 18%). Bid processing fees
payment as mentioned above shall be made through online payment gateway.
10. Earnest Money Deposit:

EMD can be paid by using by following Mode of Payment:

Online payment gateway

Bidders should ensure that the payment of the EMD is made at- least 5 working days
prior to the last date of Bid Preparation and Submission of the Tender Schedule to have
seamless submission.
Bidders need to upload scanned copy of EMD paid receipt during bid preparation.

Bidders failing to complete the payment of EMD using online payment gateway after
downloading the system generated challan will not be able to submit their bids.

11. EMD Refund:

Bidders should mention the beneficiary details for EMD refund in the Earnest Money
Deposit Form for fields marked as details required for Refund. MMRDA or e-Tendering
Service Provider will not be liable for delays caused in EMD refund due to incorrect

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MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line
6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

beneficiary details.
The earnest money deposit of unsuccessful bidders will be auto refunded within 14
working days of awards of tender.
Bidders should also upload scanned copy of cancelled cheque along with refund letter
for refund of their EMD payment. In case of successful bidder, amount of the earnest
money deposit may be transferred towards part of the security deposit to be paid after
the award of the work, if he intends to do so in writing.
EMD Account should remain active until tender is awarded.
EMD Refund will happen only after Awarding or Cancellation of tenders.

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MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line
6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

SECTION-I
INSTRUCTIONS TO BIDDER (I-B)
&
SCOPE OF WORK (I-C)

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MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line
6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

I-B: INSTRUCTIONS TO THE BIDDER


1. Providing General Consultancy Services will include carrying out Proof Checking of
Structural Design submitted by Civil Contractor, supervision & interface management
during construction and in DLP services. Stages of work as specified conditions in TOR.
2. Eligibility of Criteria: -
a) The bidding firm must fulfill the following eligibility criteria;
Experience as General/Project Management Consultant for Construction of “MRTS or
LRTS Depot Cum workshop comprising of stabling line for depot /Viaduct (including
Metro Stations)/underground (including Metro Stations) in a single contract
and
b) Multistory residential /administrative/institutional building with minimum G+15 floors
during last 7 years ending on last day of month previous to last day of submission of Tender
for Govt. / Semi. Govt. works in a same or other Contract.”
2.1 Minimum Eligibility Criteria: -
Work Experience: The bidder will be qualified only if they have completed work(s) during
last seven years ending 31.08.2023 as given below:
(i) At least one “Similar work” * of value ₹ 13.88 crores (Including all Taxes excluding
GST) or more.
OR
(ii) At least two “Similar works” * each of value ₹ 8.68 crores (Including all Taxes
Excluding GST) or more.
OR
(iii) At least three “Similar works” * each of value ₹ 6.94 crores (Including all Taxes
Excluding GST) or more.
*The “similar works” for this contract shall be “General/Project Management consultancy
works pertaining to Metro rail based Urban Mass Rapid Transit System for elevated and/or
underground metro rail system, depot with and staff quarters/ multistorey
residential/administrative/institutional building, involving the civil work of preliminary
/detailed designs/ proof checking, framing specifications, procurement assistance,
drawing up contract documents, project management and supervision including
inspection, safety and quality, testing and commissioning and handing over of complete
work and building buildings.”
Here above Rail based Urban Mass Rapid Transit System shall be referred as projects of
comparable size, complexity and technical specialty and bidder shall have experience of
General/Project Management consultancy works for elevated or underground or elevated
and underground metro rail project.
Notes: -
In case of JV Consortium , one partner shall fulfil the eligibility criteria mentioned in 2 (a)
of ITB and another partner shall fulfil the eligibility criteria mentioned in 2 (b) of ITB.
OR
The JV/ consortium as a whole must satisfy both Technical and Financial eligibility criteria
but the members will be jointly and severally responsible.
The applicant must be of National/International repute having prior experience of working
as General / Project Management Consultant for at least one elevated or Underground or
Elevated & underground Rail Based Urban Mass Rapid Transit System or elevated light rail
excluding Tramway Project.
 Each member of JV/Consortium must have experience of 1 (one) ‘Eligible Projects’ which has
been tested commissioned and put into operations.
 If the tenderer is a JV/Consortium having foreign partner then the foreign partner must have
experience of 1 (one) similar work which has been tested, commissioned and put into operations
in India.
 The bidder jointly should have minimum 200 personnel with experience in metro works, on their
pay roll, for last six months.
 The bidder shall submit details of works executed by them for the works to be considered
for qualification of work experience criteria in a format prescribed in Annexure-III.

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MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line
6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

standard Performa provided as Appendix H and it should not be more than 3


months old as on date of submission of bids.

In Case of JV: - Requirement of working capital is to be distributed between members as


per their percentage participation and every member should satisfy the requirement for
his portion.
Example: Let member-1 has percentage participation=M and member-2 has percentage
participation=N. If minimum working capital required is ‘W’ then working capital of
Member 1≥((W*M)/100)
Member 2≥((W*N)/100)
(f) In case the applicant is a Joint Venture/Consortium and if Banking Reference is issued
by the bank in favour of the Joint Venture/Consortium for this contract, then it will be
considered for the tenderer and if the Banking reference(s)is issued in favour of any
member of JV/Consortium it will be considered only for that member.

ii) T2 - Profitability: Profit before tax should be positive in at least two year, out of Last
Five audited financial years.
In Case of JV: The profitability of only lead member shall be evaluated.
iii) T3 - Net Worth: Net Worth of bidder during last audited financial year should be >
₹1.39 Crore.
In Case of JV : Net worth will be based on the percentage participation of each
Member
Note: Requirements of (ii) T3- Net Worth in Financial Standing are not applicable
for the bidder/s (Participating as a single entity or as a member of JV/Consortium)
which is a wholly owned entity (Corporation Body/Authority etc.) of its government.
Ownership details shall be substantiated by the bidder with the requisite supporting
documents from the respective Government.
iv) T4 - Annual Turnover: The average annual turnover from consultancy of last five
financial years should be > ₹6.94 Crore, certified by Chartered Accountant.
In Case of JV – the tenderer must fulfil the following conditions:
1. One partner to have minimum 26% of minimum requirement.
2. Lead partner to have 50% of minimum requirement.
3. All partners put together should meet the minimum requirement as per their
percentage participation.
Example: Let Member-1 has percentage participation = M and Member - 2
has =N. Let the
average annual turnover of Member-1 is ‘A’ and that of Member-2 is ‘B’, then the
average annual turnover of JV will be = AM+BN
100

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MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line
6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

standard Performa provided as Appendix H and it should not be more than 3


months old as on date of submission of bids.

ii) T2 - Profitability: Profit before tax should be positive in at least two year, out of Last
Five audited financial years.
iii) T3 - Net Worth: Net Worth of bidder during last audited financial year should be >
₹1.39 Crore
iv) T4 - Annual Turnover: The average annual turnover from consultancy of last five
financial years should be > ₹6.94 Crore, certified by Chartered Accountant.
Notes: -
1. Where a work is undertaken by a group, only that portion of the contract which is
undertaken by the concerned applicant/member should be indicated and the remaining
done by the other members of the group be excluded. This is to be substantiated with
documentary evidence.
2. Financial data for latest last five audited financial years has to be submitted by the
tenderer in Appendix-XII along with audited balance sheets. The financial data in the
prescribed format shall be certified by Chartered Accountant with his stamp and
signature in original. In case audited balance sheet of the last financial year is not made
available by the bidder, he has to submit an affidavit certifying that ‘the balance sheet has
actually not been audited so far’. In such a case the financial data of previous ‘4’ audited
financial years will be taken into consideration for evaluation. If audited balance sheet of
any year other than the last year is not submitted, the tender may be considered as non-
responsive.
2.3 Bid Capacity Criteria:
Bid Capacity: The applicant will be qualified only if their available bid capacityis more than
the ₹17.35 Crore, certified by Chartered Accountant. Available bid capacity will be calculated
based on the following formula:
Available Bid Capacity = 2 x A x N – B
Where,
• A = Maximum of the value of Consultancy works executed in any one year during the last
Five financial years (updated to 31.08.2023) price level assuming 5% inflation for Indian
Rupees every year and 2% for foreign currency portionsper year. The exchange rate as on
Date 31.08.2023 of foreign currency shall be applicable.
N = No. of years prescribed for completion of the work
B = Value of existing commitments (as on 31.08.2023) for on-going Consultancy work for a
period of 30 months w.e.f. 01.09.2023.

Notes:-
a) Financial data for latest last Five financial years as per format prescribed in Annexure -
XIV document shall be submitted by the applicant along with audited financial
statements. This financial data shall be certified by the Chartered Accountant / Company
Auditor with his stamp, membership number, UDIN number and signature in original.
b) The tender submission of bidders, who do not qualify the minimum eligibility criteria &
bid capacity criteria stipulated in the clauses 2.1 to 2.3 above, shall not be considered for

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the project.
ii. A clear description of the responsibilities of each expert staff member within
the overall work program.
(iii) The name, background, and professional experience of each key staff member to be
assigned to the project, with particular reference to his experience of work of a nature
similar to that of the proposed assignment.(See Annexure-IX).
(iv) Bidder is required to cover the entire scope of work as mentioned in the Terms of
Reference appended to this document.

8.1.1. Selection of the consultant will be on 80:20 Quality cum Cost Basis System (QCBS) and
work will be awarded to the tenderer, who score highest points in Technical and
Financial evaluation combined together. Technical Evaluation will be done with respect
to the qualifications of' the consulting firms and the expert staff to be assigned to the
work and to the quality of the proposals regarding approach and methodology. The
bidder shall, not include in his proposal any information on the estimated costs or
financial terms of his services. Any such mention of financial terms in the technical
proposal will render the tender as invalid. Details of the selection procedure to be
followed,including the technical evaluation categories and an indication of the weight to
be given to each are stated in the Summary of Evaluation Sheet.

8.1.2. The financial proposal of the bidder (s) who has/have been assessed/evaluated not to
be technically suitable shall not be opened during financial bid opening in the e-tender
portal of Government of Maharashtra.

8.1.3. Offer from a Consultant shall be considered ineligible if the Consultant, or its parent
company or any of its Constituents is debarred / blacklisted /banned by any Central /
State government department / public sector undertaking / other government entity
/MMRDA / any other Metro Implementation Organization (100% owned by Govt.) /
Ministry of Housing & Urban Affairs / Ministry Commerce (Order),applicable for all
Ministries must not have debarred/blacklisted/banned business with the tenderer as
on the date of tender submission. Also, no contract of the tenderer should have been
rescinded / terminated by MMRDA / Central or State Govt. Department / Public Sector
Undertaking / Other Govt. entity after award during last 5 years due to non-performance
of the Tenderers. A declaration to this effect should be submitted bythe bidder as per
Performa placed as Annexure XI.

8.2. Financial Proposal

The financial proposal should list all costs associated with the assignment. These
normally cover remuneration for staff (local, in the field and at headquarters). These
costs should be broken in to local costs.The financial proposal should be prepared using,
but not limited to the formats attached in ANNEXURE -V.

The financial proposal must also take into account, all the tax liabilities (other than GST
as specified below) including stamp duty, registration and the cost of insurance of the
general consultant both in India and abroad for the duties & work performance, both in
India and abroad related to this project. No tax liability (other than GST as specified
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below) or insurance expenses will be borne by MMRDA. GST as applicable on this


consultancy contract is payable by MMRDA subject to production of original
documentary proof of payment for this work. Further the cost of professional indemnity
Insurance Policy for consultant’s staff performance both in India and abroad for this
project will be borne by General consultant. This professional indemnity insurance will
be taken by General Consultant and shall be in addition to the performance guarantee
deposit/bank guarantees. However, if any concession/exemption in the taxes, duties and
cesses as are extended, the same shall be passed on to MMRDA.

All costs (local) of the General Consultant should be considered and quoted accordingly
in their proposal. The consultant should quote costs for Indian staff/experts in local
currency (in Indian Rupees only). Tenders will be compared in Indian Rupees (INR) only.

The final negotiated price will be payable in Indian Rupees.

8.2.1. All payments will be subject to deduction of taxes at source in accordance with the
provisions of the Indian Income Tax Act and any other applicable law.

9. Additional instructions

i) The bidder who do not fulfill all or any of the tender conditions or if the tender is
incomplete in any respect, will be summarily rejected.

ii) The authority is not bound to accept the lowest tender.

iii) The authority reserves the right to verify the particulars furnished by the bidder
from the concern authority Even though the bidder meet the above criteria, they are
subject to be disqualified if they have,
a. made misleading or false representations in the forms, statements and
attachments submitted in proof of the qualification requirement, conditional
bid/proposal and /or
b. Record of poor performance such as abandoning the works, not properly
completing the contract, inordinate delays in completion, litigation history, or
financial failures etc.
c. Disqualified by MMRDA for consultancy works earlier.

iv) Any effort by the bidder to influence the client, in the bid evaluation, bid
comparison or in the decision to award the contract will result in rejection of the
bid.

v) Incomplete technical Bids are liable for rejection. Commercial/price bids will be
considered for opening only for the Qualified Technical Bidders, which are
recommended by the technical evaluation committees being constituted for the
purpose.
vi) Director (Projects), Metro-PIU, MMRDA reserves the right to accept or reject the
tenders in full or part without assigning any reason thereof.

10. One Bid per Bidder

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Each bidder shall submit only one bid.

11. Cost of Bidding

The bidder shall bear all costs associated with the preparation and submission of his
Bid, and the Employer will in no case be responsible and liable for those costs.

12. Site visit


1. The Bidder, at the Bidder’s own responsibility and risk is encouraged to visit and
examine the Site of works and its surroundings and obtain all information that may
be necessary for preparing the Bid and entering into a contract for supervision of
construction of the works. The costs of visiting the Site shall be at the Bidder's own
expense.
2. Project Specific Conditions:
The conditions and stipulations given herein below shall be binding on the bidder.

a. The present tender is for carrying out the proof checking of design/designing
of depot buildings and supervision during construction period & DLP period
as specified in work contract. Consultant shall study location of depot and its
surrounding area with respect to its topography, the soil investigation, utility
identification and mapping, and other ancillary works as may be necessary to
arrive at decision.

b. The consultants shall study the scope in the tender which will be made
available.

c. The successful bidder fulfilling all criteria shall be equally responsible for
executing, completing the work as per specifications and if any decision of
consumer/any Hon. Court is received regarding quality of work then the
judicial decision will be binding on the Consultant for rectification.

d. Consultant has to make follow-up of environmental and forest, CRZ clerance


proposal, land acquisition, traffic diversion proposal, R&R proposal, Utility
Shifting permission & permission for tree cutting, IOD, CC, and OC of staff
quarters, MPCB approval, etc. if any, till approval. Co-ordination & obtaining
permission for utility shifting, tree cutting etc. Preparing and submitting
proposals, Conducting inspections, liaisoning and obtaining various approvals
required for completion of depot work and starting operation of depot
including Chief Metro Rail safety Commissioner (CMRS) approval, RDSO,
Environmental & Pollution board approval, MCGM/BMC/ PWD/
MSETCL/Tata power/ Adani/ Tree authority etc.

e. The work involve shifting of certain service lines viz H.T and L.T electric,
telephone, water supply, Drainage line etc. The shifting shall be done by
agencies fixed by the respective owner depts. The consultant shall coordinate
and liaison with these agencies and facilitate them to carry out the allied
works. However, some utilities may be required to be shifted by the contractor
at Current SSR Rates of PWD/MJP/MSEB/MCGM etc. GC will ensure all these
activities will be completed in least possible time and cost.
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f.The work involves Resettlement & Rehabilitation (R&R).


13. Pre-bid meeting
1. The bidder or his authorized representative is invited to attend a pre-bid meeting,
which will take place in the office of Director (Projects), Metro-PIU, Mumbai
Metropolitan Region Development Authority, 4th Floor, Conference Hall, PlotNo. C-
14 & 15, Bandra – Kurla Complex, Bandra (E), Mumbai – 400051, India.
2. The purpose of the meeting will be to clarify issues and to answer questions on any
matter that may be raised at that stage.
3. The bidder is requested to submit queries in writing till 1 day before the Pre-bid
meeting on following E-Mail:
prafula.jamadar@mailmmrda.maharashtra.gov.in
The clarifications of the queries raised by the bidders will be made available on
Government of Maharashtra’s e-tender portal.
4. The clarifications shall not form part of the bid document /Contract.
5. Any modification of the bidding documents, which may become necessary as a
result of the clarifications of queries raised by the bidders in the pre-bid meeting
shall be made by the Employer exclusively through the issue of Addenda which
will be made available on Government of Maharashtra e-tender portal. The
addenda shall form part of the bid document /Contract.
6. Non-attendance at the pre-bid meeting will not be a cause for disqualification of a
bidder.

14. Amendment of Bidding Documents

1. Before the deadline for submission of bids, the Employer may modify the bidding
documents by issuing addenda. The Competent Authority may omit or suspend
certain items of work, revise or amend the bid document before the Bid due Date.
Such revisions or amendments or extension, if any, shall be communicated on
Government of Maharashtra’s e-Tendering portal.

2. Any addendum thus issued shall form part of the bidding documents.

3. To give prospective bidders reasonable time in which to take an addendum into


account in preparing their bids, the Employer may extend if necessary, the
deadline for submission of bids, in accordance with Sub-Clause 20.2 below.

15. Preparation of Bids

1. Language of the Bid

All documents relating to the bid shall be in the English language.

16. Documents comprising the Bid

The e-tender submitted by the bidder shall comprise the following:


(a) e- Envelop A containing bid security & e- tender fee., etc.
(b) e- Envelop B containing technical proposal & Annexures for Eligibility criteria as

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cl. 2
(c) e- Envelop C price bid & Annexure V (Financial Proposal)
(d) Supporting documents for qualification Information Form and Documents; and any
other materials required be completing and submitting by bidders in accordance
with these instructions.

17. Bid Prices

1. The contract shall be for the whole works as described in Sub-Clause 1.1, of chapter
I-C (Scope of work) based on the Percentage offer quoted by the Bidder.

2. The bidder shall quote his lump sum offer mentioned in tender notice at prescribed
place in e-portal as prescribed in e-tendering.

3. All duties, taxes, and other levies payable by the GC under the contract, or for any
other cause except GST shall be included in the total Bid Price submitted by the
Bidder.

18. Currencies of Bid and Payment

1. The price shall be quoted by the bidder entirely in Indian Rupees.

19. Bid Validity

1. Bids shall remain valid for a period of 120 days (One Hundred and Twenty days)
after the date of submission of the bid.

2. In exceptional circumstances, prior to expiry of the bid validity period, the


Employer may request the bidders to extend the period of validity of their bids for
a specified period. The request and the bidders' responses shall be made in writing.
A bidder agreeing to the request will not be required or permitted to modify his bid.

20. Format and Signing of Bid

1. The original Bid shall be typed or written in indelible ink and shall be signed by
a person or persons duly authorized to sign on behalf of the Bidder. All pages of
the bid where entries or amendments have been made shall be initialed by the
person or persons signing the bid.

2. The Bid shall contain no alterations or additions, except those to comply with
instructions issued by the Employer, or as necessary to correct errors made by the
bidder, in which case such corrections shall be initialed by the person or persons
signing the bid.

3. The Bidder shall furnish information as described in the Form of Bid on


commissions or gratuities, if any, paid or to be paid to agents relating to this Bid,
and to contract execution if the Bidder is awarded the contract.

21. Deadline for Submission of the Bids

1. Bids must be received by the Employer as specified in the e- tender notice.

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2. The Employer may extend the deadline for submission of bids by issuing an
amendment in accordance with Clause 10, in which case all rights and obligations
of the Employer and the bidders previously subject to the original deadline will
then be subject to the new deadline.

22. Modification and Withdrawal of Bids

1. Bidders may modify or withdraw their bids online before the deadline for
submission of the bids.
2. No bid shall be modified after the deadline for submission of Bids.
3. Withdrawal or modification of a Bid between the deadline for submission of bids
and the expiration of the original period of bid validity specified in Clause 19.1
above or as extended pursuant to Clause 19.2 shall not be allowed.

23. Process to be Confidential

1. Information relating to the examination, clarification, evaluation, and comparison


of Bids and recommendations for the award of a contract shall not be disclosed to
Bidders or any other persons not officially concerned with such process until the
award to the successful Bidder has been announced. Any effort by a Bidder to
influence the Employer's processing of Bids or award decisions may result in the
rejection of his Bid.

24. Clarification of Bids


1. To assist in the examination, evaluation, and comparison of Bids, the Employer may,
at his discretion, ask any Bidder for clarification of his Bid, Including breakdowns
of the unit rates. The request for clarification and the response shall be in writing,
but no change in the price or substance of the Bid shall be sought, offered, or
permitted except as required to confirm the correction of arithmetic errors
discovered by the Employer in the evaluation of the Bids in accordance with Clause
35.
2. Subject to sub-clause 25.1, no Bidder shall contact the Employer on any matter
relating to its bid from the time of the bid opening to the time the contract is
awarded. If the Bidder wishes to bring additional information to the notice of the
Employer, it should do so in writing.
3. Any effort by the Bidder to influence the Employer in the Employer's bid evaluation,
bid comparison or contract award decisions may result in the rejection of the
Bidders’ bid. Prior to the detailed evaluation of Bids, the Employer will determine
whether each Bid (a) meets the eligibility criteria defined in Clause 2; (b) is
accompanied by the required securities and; (c) is substantially responsive to the
requirements of the Bidding documents.

25. Responsive Bid

1. A substantially responsive Bid is one which conforms to all the terms, conditions,
and specifications of the Bidding documents, without material deviation or
reservation. A material deviation or reservation is one (a) which affects in any

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substantial way the scope, quality, or performance of the Works; (b) which limits
in any substantial way, inconsistent with the Bidding documents, the Employer's
rights or the Bidder's obligations under the Contract; or (c) whose rectification
would affect unfairly the competitive position of other Bidders presenting
substantially responsive Bids.

2.I f a Bid is not substantially responsive, it will be rejected by the Employer, and may
not subsequently be made responsive by correction or withdrawal of the non-
conforming deviation or reservation.

3.A substantially responsive Bid is one which meet minimum requirement as per
evaluation of technical proposal.

26.Su bmission of proposal

26.1. The Technical Proposal and the Financial Proposal must be submitted on the Main Portal of
the Electronic Tendering System of Government of Maharashtra.
https://mahatenders.gov.in/nicgep/app using valid User ID. The User ID is validated after
the bidders enroll on the Electronic Tendering System. Enrollment process requires
submitting basic organization information including contact information along with a valid
email address.

26.2. Valid Class-III Digital Signature in the name of Authorized Representative of the
Organization for encryption of Bid Data and signing of Online Bids. It is mandatory to have
both Signing and Encryption certificate for the bidders. (For more information on e-
tendering refer the e-tendering website of Government of Maharashtra.

26.3. The proposals shall be in English.

26.4. The technical and financial proposal must be signed by the authorized representative of the
Firm. Such authorization must be confirmed by a written Power of Attorney accompanying
the proposals. Bidders should note that the RFP along with any addendum and
corrigendum issued before the submission date of the proposal shall also be duly uploaded
by theregistered user with his digital signature.

The bidder shall submit Power of Attorney(s) as per Appendix-1 and Board Resolution
confirming authority on the person issuing the Power of Attorney for such actions
shall be submitted duly notarized.

27.Th e bid guarantee referred to in NIT above to be submitted as detailed out above. MMRDA
reserves the right to accept or reject any or all the proposals without assigning any reason
whatsoever.

No bidder shall have any cause of action or claim against the MMRDA for rejection of his
proposal. Only the Bid guarantee will be returned in such cases,but without any interest.

28.MM RDA requires that Consultants, under contracts observe the highest standard of ethics
during the procurement and execution of such contracts. Inpursuance of this policy, the
MMRDA:
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substantial way the scope, quality, or performance of the Works; (b) which limits
in any substantial way, inconsistent with the Bidding documents, the Employer's
rights or the Bidder's obligations under the Contract; or (c) whose rectification
would affect unfairly the competitive position of other Bidders presenting
substantially responsive Bids.

2. If a Bid is not substantially responsive, it will be rejected by the Employer, and may
not subsequently be made responsive by correction or withdrawal of the non-
conforming deviation or reservation.

3. A substantially responsive Bid is one which meet minimum requirement as per


evaluation of technical proposal.

26. Submission of proposal

26.1. The Technical Proposal and the Financial Proposal must be submitted on the Main Portal of
the Electronic Tendering System of Government of Maharashtra.
https://mahatenders.gov.in/nicgep/app using valid User ID. The User ID is validated after
the bidders enroll on the Electronic Tendering System. Enrollment process requires
submitting basic organization information including contact information along with a valid
email address.

26.2. Valid Class-III Digital Signature in the name of Authorized Representative of the
Organization for encryption of Bid Data and signing of Online Bids. It is mandatory to have
both Signing and Encryption certificate for the bidders. (For more information on e-
tendering refer the e-tendering website of Government of Maharashtra.

26.3. The proposals shall be in English.

26.4. The technical and financial proposal must be signed by the authorized representative of the
Firm. Such authorization must be confirmed by a written Power of Attorney accompanying
the proposals. Bidders should note that the RFP along with any addendum and
corrigendum issued before the submission date of the proposal shall also be duly uploaded
by theregistered user with his digital signature.

The bidder shall submit Power of Attorney(s) and Board Resolution confirming authority
on the person issuing the Power of Attorney for such actions shall be submitted duly
notarized.

27. The bid guarantee referred to in NIT above to be submitted as detailed out above. MMRDA
reserves the right to accept or reject any or all the proposals without assigning any reason
whatsoever.

No bidder shall have any cause of action or claim against the MMRDA for rejection of his
proposal. Only the Bid guarantee will be returned in such cases,but without any interest.

28. MMRDA requires that Consultants, under contracts observe the highest standard of ethics
during the procurement and execution of such contracts. Inpursuance of this policy, the
MMRDA:
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28.1. Will reject an evaluation of proposals offered by the consultant if it determines that the
consultant evaluated as the highest ranked has engagedin corrupt or fraudulent practices in
competing for the contract in question.

28.2. Will recognize a consultant as ineligible, for a period determined by MMRDA, if at any time
determines that the consultant has engaged in corrupt or fraudulent practices in
competing for, or executing, another contract of MMRDA. The bidder is required to execute
and attach with his proposal, a covenant of integrity in the form indicated in Appendix XI
& XVII.

29. The completed technical and financial proposals must be submitted online on the Main
Portal of the Electronic Tendering System of Government of Maharashtra –
https://mahatenders.gov.in/nicgep/app using valid User ID. It shall be the responsibility
of the bidder to ensure that his technical and financial proposalsare submitted on the Main
Portal of the Electronic Tendering System of Government of Maharashtra as given in NIT.

30. Submission of Proposals closed on the Main Portal of the Electronic Tendering System of
Government of Maharashtra at the date & time of submission prescribed in Notice inviting
tender (NIT), after which no proposals shall be accepted.

31. It shall be the responsibility of the bidder to ensure that his proposals are submitted online
on the Main Portal of the Electronic Tendering System of Government of Maharashtra –
https://mahatenders.gov.in/nicgep/app before the deadline of submission.

32. The Employer may, at his discretion, extend the deadline for submission of proposals by
issuing an amendment, in which case all rights and obligations of the Employer and the
Bidder previously subject to the original deadline willthereafter be subject to the deadline
as extended.

33. Any bid received after the above stipulated date and time (IST), will not be considered. The
bids will be opened (downloaded) as per dates given in NIT in the presence of the
Authorized Representatives of Bidders, who choose to be present.

34. It is the responsibility of the bidder to provide documentary evidence/certificate from the
client for each Eligible Project, showing all relevant details like consultancy cost, share of
the bidding firm there in, scope and nature of work etc. Works not supported by
documentary evidence will not be considered for award of marks. It is also the responsibility
of the bidderto ensure that all certificates and documentary evidence required is submitted
along with the bid. Subject to the above, MMRDA may seek clarifications from the bidders
or others for the purpose of evaluation.

35. Proposal Evaluation

Evaluation will be carried out separately for Technical and Financial proposals, weightage
for technical proposal will be 80% and for the financial proposal 20%. Maximum marks for
technical proposal and financial proposal are 800 and 200 respectively. Combined and final
evaluation will be basedon the total marks obtained by the bidder for their technical &
financial offers.

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35.1. Technical Proposal

To enable the evaluation committee to do the correct technical evaluation, the bidder
should give full details with particular reference to the following:

(A) Relevant services carried out in the eligible projects in the last Seven years, which should
include elevated and elevated or underground or elevated and Underground Metro line
projects. (ANNEXURE-III). [Marks for experience will be given based on the number of
eligible projects]

 "Eligible Projects" for this contract shall be "General/Project management consultancy


works pertaining to Rail based Urban Mass Rapid Transit Systeminvolving the work of
preliminary /detailed designs, framing specifications, procurement assistance, drawing
up contract documents, checking designs, project management and supervision including
inspection, safety and quality, testing and commissioning.

(B) Field of professional services provided viz., as a General Consultant i.e., Project
Management or Construction Supervision Consultant (ANNEXURE -III).

(C) The Key Staff for the assignment will be evaluated with respect to the following list of
tasks/positions. CVs are required to be submitted by bidders for these positions. The
marks for each category of positions are given. Bidders may note the same while giving
details in ANNEXURE-VIII and ANNEXURE -IX . The key posts such as K1 and K2 have
20 percent of staff on the Board of the company from the last six months from the date
of submission of bid.
Category K1= Chief of the respective task/position.
Category K2= Deputy/assisting position. He is next in hierarchy in that tasks/positions
and he could deputize for K1whenever required.
Table 1.1
Man No of
Sr.no. Key Personnel Mark Position
Months persons
1 Team Leader (Depot Expert) 54 K1 30 1
2 Chief Resident Engineer 66 K2 30 64 2
3 Track & Alignment Expert 30 K2 30 1
4 Sr. Architect 30 K2 18 1
5 Structural Engineer 30 K2 18 1
6 Quality Control Engineer 30 K2 30 1
7 Contract specialist 27 K2 18 1
8 Safety Engineer 30 K2 30 1
Geotechnical/ Foundation
9 27 K2 18 1
Engineer
10 Environmental Expert 9 K2 30 1
11 Interface Manager 27 K2 30 1
Total 360
Note: -

1. Before deployment MMRDA will interview all evaluated Key Persons and all the other staff.
If found necessary, MMRDA will replace key persons without penalty for 1 replacement
and thereafter as per tender condition.
2. If the Team Leader (Depot Expert), Chief Resident Engineer, Contract Expert, Alignment

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Expert, Geotechnical and Architectural Expert are not deployed within 45 days from
commencement of contract, deduction of 15% for the salary of said position will be
penalized till mobilization of key personnel during entire period of contract.

Minimum number of man months of deployment of key experts


K1 K2
30 282 286

A) CVs of the Key Staff (which are to be technically evaluated) (ANNEXURE-VII).


B) Work plan and Methodology proposed for performing the assignment.
(ANNEXURE-X)
Note: -
1) During execution of contract, prior approval of MMRDA will be required for the names of
all staff proposed to be deployed and their actual deployment period/schedule.
2) All staff of GC should furnish certificate of medical fitness (during deployment) and
educational certificate (during bid submission).
3) MMRDA reserves rights to change/convert the positions of any category in the course of
contract.
4) MMRDA reserves all the rights to conduct interview of the candidates of any position
before the deployment of the candidates.

35.2. The Employer will carry out technical evaluation of proposals on the basis of their
responsiveness to the RFP in particular the Scope of work, applying the evaluation criteria,
sub-criteria, and weightage/ point system specified in the RFP document. Each responsive
Proposal will be given a technical score (Ts). A Proposal shall be rejected at this stage if it
does not respond to important aspects of the RFP, and particularly the Scope of work or if
it fails to achieve the minimum technical score of 80% (i.e., 640 marks out of 800 marks).
However, if the number of such shortlisted Bidders is less than two, the MMRDA may, inits
sole discretion, pre-qualify the Bidder(s) whose technical score is less than 640 (Six
Hundred and Fourty) marks provided his marks are not lesser than 400. Following
criterion/weightage shall be used for carrying out technical evaluation:
Sr. No. Criterion Weightage
(%)
I Specific experience of the firms relevant to this typeof 15
Assignment.
Adequacy of Proposed Methodology, work plan,
Organization and Staffing, Claims Management methods and
II Training methods in responding to theTOR 30
III Qualifications, experience and competence of theKey Staff 45
to be deployed for the Assignment
IV Competent Pool of Key Experts 10
Total 100

Notes:

i. There will be total 800 marks distributed as per the percentage given above under four
criteria in Para above.

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MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line
6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

ii. Evaluation for these four criterions (viz. Criterion I, II, III & IV) will be based on
methodology explained under “Notes on Evaluation Methodology”.
iii. Methodology for calculation of marks obtained by various bidders is givenin Summary
Evaluation Sheet.

35.3. Financial Proposal

The bidders who have secured the minimum qualifying marks in the technical evaluation will
be eligible for opening of their financial proposals. TheEmployer shall notify all technically
qualified Tenderers regarding opening of the financial proposal, such Tenderers may witness
the financial opening. The financial proposal(s) will then be opened online through website.
Tenderers can also check financial proposal of other Tenderers online.
The evaluation committee appointed by employer will carry out financial evaluation. Each
financial proposal will be attributed a Financial Score (Fs). There will be 200 marks for
financial proposal. The lowest Financial Proposal will receive the maximum score of 200
marks. The score for each other Financial Proposal is inversely proportional to its price and
will be computed as follows (ANNEXURE -V)
Fs = 200 x FL / F

where:
Fs is the financial score of the Financial Proposal being evaluated,
FL is the quoted price of the lowest priced
F is the quoted price of the Financial Proposal under consideration

35.4. Combined and Final Evaluation

Final evaluation will be based on the combined score obtained by each consultant and shall
be ranked highest to lowest in accordance with their totalmarks obtained. The bidder who
obtains the maximum total marks would be ranked highest and the one who obtains the
lowest marks would be ranked lowest. The Overall Score (Os) of each bidder will be obtained
by adding Technical Score (Ts) and Financial Score (Fs) as under: -

Os = Ts + Fs

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MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line
6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

Technical Evaluation: Summary Evaluation Sheet


Cons
A B C
Evaluation ultant Remarks

Maxi Score Sco Scor
Rating Rat Ratin
mu m (w*r/ re e
(r %) ing g (r
Mark 100) (w* (w*
(r %)
s (w) r/1 r/1
00) 00)

Specific 120 100 120 100 120 75 90 Maximum


experience of the four
firms relevant to numbers of
l
this type of eligible
Assignment.
projects will
be
considered
for
evaluation.
Adequacy of 240 90 216 70 168 40 96 Obtained
Proposed score is sum
Methodology & of
ll work plan in individual
responding to scores of
the TOR technical
Approach and
Methodology 80 90 72 70 56 40 32
Work Plan
(Including 40 36 16
90 70 28 40
schedule)
Organization and 40
Staffing 90 36 70 28 40 16
Claims
Management 40 36 16
90 70 28 40
Methodology
Training Plan,
International 40 90 36 70 28 40 16
Study tours
International)
Qualification 360 Score is sum
III experience and of individual
competence of key
scores of all
staff to be
deployed for the evaluated CVs
assignment
Team leader (Depot 54
Expert)
Chief Resident 66
Engineer
Track and alignment 30

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MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line
6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

Expert
Sr Architect 30
Structure Engineer 30
Quality Control 30
Engineer
Contract specialist 27
Safety Engineer 30
Geotechnical/Found 27
ation Engineer
Environmental 9
Expert
Interface Manager 27
IV Competent Pool of 80 80 64 60 48 40 32 obtained
Key Experts Score is sum
of individual
scores of all
evaluate
Technical Score 800

Notes for Evaluation Methodology

A) Criterion I (viz. Specific Experience) (15% weightage/ 1-120 marks):


a) For “Experience on eligible projects” the bidder having done 4 or more number of
eligible projects will get 100% of the maximum marks for this sub criterion. Other
bidders having done lesser number of eligible projects will be awarded proportional
points based on number of eligible projects carried out/ being carried out by them (i.e.,
if bidder A has done 4 or more number of eligible projects i.e., “4” and bidders B & C
have done “n1” and “n2” numbers of eligible projects respectively, then bidder A will
get 100% of the maximum marks for this sub-criterion and bidders B & C will get “n1 x
100/4” % and “n2 x 100/4” % of maximum marks respectively, where “nx” is lesser
than 4.)

B) Criterion II (viz. Adequacy of Proposed Methodology & Work Plan) (30%


weightage / 240 marks),
a) For Approach & Methodology (10% weightage / 80 marks): The Consultant’s
submission will be evaluated and one of the following grades will be given:

a) Excellent: The Consultant properly understands the current situation, draws


attention to all main issues related to the assignment and raises important issues
that have not been considered in TOR. The proposal details ways to solve all issues
by using state- of-the-art and innovative approach and methodology.

b) Good: The Consultant properly understands the current situation and the main
issues of the project. The approach and methodology to solve the issues are
discussed in detail.

c) Average: The Consultant understands the requirement indicated in TOR. The


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6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

approach and methodology to solve the issues are consistent. However, the
approach and methodology are standard and not discussed in detail or not
specifically tailored to the assignment.

d) Below Average: The Consultant does not have proper understanding of TOR and the
issues are not appropriately discussed. The approach and methodology do not have
consistency and are inappropriately or poorly presented.

e) Poor: The Consultant misunderstands the requirement indicated in TOR and


important aspects of the scope of consulting services. Hence discussion about the
important issues, approach and methodology are inappropriate.

The percentage rating for the above grades will be assigned as under:

b) For Work plan (5% weightage / 40 marks): The Consultant’s submission will be
evaluated and one of the following grades will be given:

a) Excellent: In addition to the requirements stated below under “Good”, the proposal
uses state-of-the-art approach for efficient execution of the assignment. The
proposed work plan is consistent with the approach and methodology.

b) Good: The work plan fits TOR well. The timing and duration of all activities is
appropriate and consistent with the assignment output, and the inter relation
between various activities is realistic and consistent with the proposed approach
and methodology.

c) Average: The work plan fits TOR, and all required activities are indicated in the
activity schedule, but they are not detailed.

d) Below Average: Some activities required in TOR are omitted in their work schedule
or timing and duration are not appropriate. There are minor in consistencies
between timing, assignment output, proposed approach and methodology.

e) Poor: There are major inconsistencies between the requirements in TOR and the
proposed work plan.

The percentage rating for the above grades will be assigned as under:

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MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line
6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

c) For Organization and Staffing (5% weightage / 40 marks): The Consultant’s


submission will be evaluated and one of the following grades will be given:

a) Excellent: In addition to the requirements stated below under “Good”, the proposal
clearly shows how the Consultant’s team will tackle all the requirements of the
project as per the approach and methodology.

b) Good: The organization and staffing fits TOR well. The correlation between the staff
and the organization thereof is well represented and has clear links to the approach
and methodology and work plan.

c) Average: The organization and staffing fits TOR requirements and all required
activities are staffed in a general manner, but they are not specific.

d) Below Average: Some activities required in TOR are not staffed appropriately. There
are minor inconsistencies between the staff and the way they are organized in the
team. Poor: There are major inconsistencies between the requirements in TOR and
the proposed organization for the Consultant.

The percentage rating for the above grades will be assigned as under:

d) Claims Management Methodology and Experience (5% weightage /40 marks):


The Consultant’s submission will be evaluated on the basis of the methodology for
claims management. The Consultant shall show proven methodology for claims
management where the Consultant has been able to effect considerable savings for
projects on which they have previously worked (while submitting the details, name of
the company/ companies may be assigned alphanumeric character). The Consultants
shall also provide their best 3 examples of Claims Management instances on large
infrastructure projects in this section. While giving examples do not disclose identities
of clients.

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MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line
6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

e) Training Methodology (5% weightage / 40 marks): The Consultant’s submission


will be evaluated and one of the following grades will be given:

a) Excellent: In addition to the requirements stated below under “Good”, the


proposal clearly shows how the Consultant’s team will tackle all the requirements
of the project for training of Client’s staff for execution and O&M including national
and international study tours.

b) Good: The training requirements fit TOR well. The correlation between the
training plans thereof is well represented and has clear links to the approach and
methodology and work plan including national and international.

c) Average: The training plan fits TOR requirements, and all required activities are
staffed in a general manner, but they are not specific.

d) Below Average: Some activities required in TOR for training are not covered
appropriately. There are minor inconsistencies between the training plan and
requirements.

e) Poor: There are major inconsistencies between the requirements in TOR and the
proposed training plan.

The percentage rating for the above grades will be assigned as under:

C) Criterion III (viz. Qualification, experience, and competence of the key staff to be
deployed) (45%weightage / 360 marks): The marks will be allotted based on the
following sub-criteria:
a) Educational Qualifications (Weightage: 25%)
For engineering posts, the following criteria will be used for awarding rating/marks:

Post-Graduation in Engineering/PGDM after Engineering Graduates in respective field - 100%

Engineering Graduates in respective field - 90%

Diploma of three-year duration in respective field - - 75%

For non-engineering posts, the following criteria will be used for awarding rating/marks:

Graduation in relevant discipline - 85%

post-Graduation or accepted Professional qualification - 100%

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6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

b) Experience in the assigned task (Weightage: 65 %).


 Experience in the same category or equivalent post for at least 5 years in Metro Project.
i.e., Elevated or Elevated and underground Metro with depot projects.
 Experience in the same category or equivalent post for at least 5 years in only
Underground Metro Project for positions marked % in Table 1.1 of ITT.
 Experience in the same category or equivalent post for at least 5 years on one large
infrastructure Project for positions marked @@ in Table 1.1 of ITT, will earn full marks.
 For lower periods of experience, marks will be given proportionately.
 Experience at a category one below will be given marks at half of the above.

c) Language proficiency in English (10%)- Full marks if the candidate can read, write and
speak English.

d) In view of physically and mentally demanding nature of work requiring continuous


involvement of key staff and strict project targets, it is required that experts having age
less than 58 years be deputed as key staff. The experts up to 65 years of age shall be
allowed provided they have been in active service during the preceding three years of CV
submission.
K1 positions in each category of the Summary Evaluation Sheet will generally carry a
weight of 1 while K2 categories will carry a weight of 0.75.

The share of each post in the total mark for the category will be calculated by dividing
its weight by the total of the weights of all posts in that category.

For example, 160 marks are allocated to Depot & Workshop; there is one K1 post and one
K2 post in this category as per para 20.1.1 D. The total of the weights is 1.00+ 0.75=1.75.

Therefore, the K1 post will carry 1/1.75 of the 160 marks while the K2 post will carry
0.75/1.75 of the 160 marks, i.e. the K1 post will carry 91.43 marks while the K2 post will
carry 68.57 marks. The 91.43 marks for the K1 post of Chief Depot Facility Expert will be
allotted according to the weights and marking scheme given in (a) to (e) above.

D) Criterion IV (viz. Competent Pool of Key Experts) (10% weightage / 80 marks):


It is desirable that the bidders have sufficient capability in their home offices / countries
in terms of pools of experts with metro experience that can be called upon by the GC teams
to sort out problems, provide innovative solutions, state of the art technology solutions, so
that the project GC team on the site is not working independent of support and guidance
from their home offices.
All bidders should provide CV’s of at least one K1 category of staff available with the
firm (outside the GC team) in the home office who can assist in the various disciplines listed
below:
1. Project Management
2. Project Controls/ Cost control including Contract management
3. System Integration/Interface management
4. Quality and Safety
5. Structural Expert

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MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line
6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

6. Track and alignment


7. Geo-tech Expert
8. Operation and Maintenance.

The marking will be (80/08) marks for each CV. The experts shall be minimum professional
Graduates with 25 years professional experience.
Also, the staff proposed under this category should be employed by the tenderer, directly
under their roles as a full-time employee for at least 1 continuous year up to 31.08.2023.
Sufficient proof in the form of bank certification/ Statutory Auditor certification to show
that the staff has been employed with the company and has been drawing a salary for the
last 1 year, continuously, shall be provided. While evaluating the marks of each category of
pool of expert’s 50 percent marks are allotted for this experience of employment with the
tenderer and marks will be given as herein:
1) Full marks for 5 years or more
2) 80 percent marks between 4yrs to 5yrs
3) 60 percent marks between 3yrs to 4yrs
4) 40 percent marks between 2yrs to 3yrs
5) 20 percent marks between 1yr to 2yr

The remaining 50 percent marks will be given based on association of the pool expert in each
category for the eligible projects in last 10 years. Eligible projects will be those projects which
are defined in Clause above and marks will be given as herein:

1) Full marks for 5 eligible projects or more


2) 80 percent marks for 4 eligible projects
3) 60 percent marks for 3 eligible projects
4) 40 percent marks for 2 eligible projects
5) 20 percent marks for 1 eligible project

Bidders should note that if they do not provide required details or required documentary
evidence or provide it incomplete or provide it late, MMRDA based upon its own interpretation
and judgment with the available information/ evidence, and best in rest of the assignment may
either award no marks or award such marks as it may deem appropriate.

i. Note to Bidders: All the client certificates should be duly notarized/Apostle from the
Client Country where the project has been carried out.
ii. For Non-professional support staff minimum educational qualifications should be
Graduate with minimum 2 yrs. of experience or Diploma holder with minimum 5 years’
experience.
iii. GC should have Biometric attendance system installed at workplace and access should
be provided to MMRDA. E-muster will be considered for payment purpose.
iv. The key personnel whose CVs has been evaluated during the bid submission, but
appointment is pending or currently deployed or approved for deployment on positions
of K1 and K2 in Metro Line-2B ,4, 4A, 5(Phase I), 7, 7A, 9, 10&12, of successful bidders,
shall not be considered for technical evaluation of GC for Metro Line 6 Depot work.

36. Correction of Errors

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6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

37. Negotiations:

Negotiation may be conducted with highest raking bidder.

38. Award Criteria


a. Subject to Clause 35.4 below, the Employer will award the Contract to the Bidder
whose Bid has achieved the lowest price bid.
b. The Contract will be awarded after successful Negotiations to the successful
Consultant. If negotiations (as per Para 37 above) fail, the Client may invite the 2nd
most preferred Consultant for Contract negotiations.
c. The selected Consultant is expected to commence the Assignment on the date and
at the location specified in the TOR

39. Employer's Right to accept any Bid and to reject any or all Bids
a. The Employer reserves the right to accept or reject any or all Bids, and to cancel
the Bidding process, at any time prior to the award of Contract, without thereby
incurring any liability to the affected Bidder or Bidders or any obligation to inform
the affected Bidder or Bidders of the grounds for the Employer's action.

40. Notification of Award and Signing of Agreement


1. The Bidder whose Bid has been accepted will be notified of the award by the
Employer prior to expiration of the Bid validity period.
2. The notification of award will constitute the formation of the Contract, subject only
to the furnishing of a performance security in accordance with the provisions of
Clause 32.
3. The Agreement will incorporate all agreements between the Employer and the
successful Bidder. It will be submitted by the successful bidder in the office of the
Employer within 28 days following the notification of award along with the Letter
of Acceptance. Within 28 days of receipt, the successful Bidder will sign the
Agreement and deliver it to the Employer.

41. Performance Security:


a) After receiving the letter of Acceptance, the successful bidder shall submit (within 28
days) a performance security of 10% of accepted contract value in the form of Bank
Guarantee to be drawn on any Nationalized or scheduled bank branch located in
Mumbai only (Except Axis Bank). Upon furnishing the performance security by the
successful bidder, work order to start work will be issued. Bank Guarantee shall be
valid up 28 days beyond completion of DLP period. The same shall be extended by
Consultant, if extension is granted to the construction work. Initially Consultant shall
submit Bank Guarantee for 30 Months. Before expiry of the same consultant shall
extend Bank Guarantee valid for the period further till the period 28 days beyond
completion of DLP period. Bank Guarantee shall be refunded after completion period
of DLP period. Bank Guarantees should be issued by the issuing bank through SFMS
mode.
42. Corrupt or Fraudulent Practices
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6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

1. The Govt. of Maharashtra requires that the Bidders shall observe the highest
standard of ethics during the execution of contracts. In pursuance of this policy the
client;
b. For the purposes of this provision, the terms set forth below as follows:
i. “corrupt practice” means the offering, giving, receiving or soliciting of
anything of value to influence the action of a public official in the
procurement process or in contract execution; and
ii. “fraudulent practice” means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the Employer, and includes collusive practices among Bidders
(prior to or after bid submission) designed to establish bid prices at
artificial non-competitive levels and to deprive the Employer of the benefits
of free and open competition.
c. will reject a proposal for award if it determines that the Bidder recommended
for award has engaged in corrupt or fraudulent practices in competing for the
contract in question;
d. will declare a firm ineligible, either indefinitely or for a stated period of time, to
be awarded a contract if it at any time determines that the firm has engaged in
corrupt or fraudulent practices in competing for, or in executing contract.

43. The risks and the coverage shall be as follows:


e. Third Party motor vehicle liability insurance as required under Motor Vehicles Act,
1988 in respect of motor vehicles operated in India by the Consultants or their
Personnel or any Sub-consultants or their Personnel for the of consultancy.
f. Third Party liability insurance with a minimum coverage, of Rs.5.00 lacs for the
period of consultancy.
g. Professional liability insurance, with a minimum coverage equal to estimated
remuneration and reimbursable.
h. Employer’s liability and workers’ compensation insurance in respect of the
Personnel of the Consultants and of any Sub-consultant, in accordance with the
relevant provisions of the Applicable Law, as well as, with respect to such
Personnel, any such life, health, accident, travel or other insurance as may be
appropriate; and
i. Insurance against loss of damage to (i) equipment purchased in whole or in a part
with funds provided under this Contract, (ii) the Consultants’ property used in the
performance of the Services, and (iii) any documents prepared by the Consultants
in the performance of the Services
Bidder shall take out necessary Insurance Policy/Policies so as to provide adequate
insurance cover for execution of the awarded contract work from the “Directorate of
Insurance, Maharashtra State, Mumbai - 400051” only. Insurance Policy / Policies
taken out from any other insurance Company shall not be accepted. However, If the
bidder desires to effect insurance with the local office of any insurance company, the
same should be under the co-insurance-cum-servicing arrangements (with G.I.F.’s
share at 60% and insurance Company’s share at 40%) approved by the Directorate of
Insurance. If the policy taken out is not on co-insurance basis the same shall not be
accepted and the amount of premium calculated by the Directorate of Insurance shall
be recovered directly from the amount payable to the contractors for the execute
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6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

I-C- Scope of work

1. Scope of Work
1.1. Director (P), Metro-PIU, MMRDA invites sealed bids from the reputed consultancy
firms and experienced in Design/Proof Checking, technical supervision,
monitoring and quality assurance, interface management including preparation of
designs of structures and issue of working drawings for depot and allied structures
for construction of works “Construction of depot and Essential staff quarters for
Metro line 6 of Mumbai Metro Rail Project of MMRDA at Kanjurmarg.”

1.2. General information of work


The Work broadly consists of carrying out “Project Management during
Construction and DLP i.e. technical supervision, monitoring, quality & quantity
assurance, Contract Management, interface management and allied activities for
completion of the work in all respects including proof checking of designs (review
and approve the Detailed Engineering Design and working drawings of structures
submitted by the Contractor) for the proposed work of Construction of depot and
Essential staff quarters for Metro line 6 of Mumbai Metro Rail Project of MMRDA
at Kanjurmarg.

1.3. Scope of work in work contract:


1.3.1. Project Scope
a. Construction of depot with following buildings:
1. Security office + time office + garages
2. Cleaning Contractor Office
3.Auto Coach Washing Plant
4. Stabling shed
5. Rail Grinding Machine shed
6. Pump House + UG Tank
7. ETU + Emergency Vehi+ Tower shed
8. Permanent Way office + store & workshop
9. Scrap yard
10. Depot Main Store and Offices
11. Workshop + Inspection bays + Admin Building
12. Blowdown Plant
13. ESS + DG Set (2 Nos)
14. Canteen
15. Pit Wheel Lathe
16. Heavy Interior Cleaning shed
17. OCC + DCC Building
a. coaches and unloading area.
b. S & T contractor area.
c. Traction ESS + Feeding post (Out of DDC’s scope)

b. Construction of Staff Quarters.


1. Civil Work
2. PHE Works
3. Electrical Works
4. Fire Fighting Works
5. Lift installation
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6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

6. Provision for Modular Kitchen cabinets & wardrobes


7. Provision for CCTV
8. UG Sump Works
9. SW Drain Works
10. Electrical Trench Works
11. DG Set foundation Works
12. Transformer foundation Works
13. Compound wall
14. Site Development: Drive way and parking area flooring
15. External PHE Works
16. External Electrical Works

1.4. For the purpose of clarity and better understanding, the entire contractors’ scope
of Work has been sub-divided as follows:
a. Survey and investigation including geotechnical investigation including but not
limited to setting out, benchmarking etc.,
i. Validation of the Data and Additional Survey: Validation of the Data
provided by the Employer including additional surveys if considered
necessary by the Contractor for design of the Permanent Works and
verifying the available Right of Way at Site and re-fixing the missing
stakes, if any.
ii. Geotechnical Investigations: The Geotechnical Investigations required
for Design of Permanent Works and as described in Employer’s
Requirement for design of Permanent Works.
iii. Preparing and submitting proposals, Conducting inspections, liaisoning
and obtaining various approvals required for completion of depot work
and starting operation of depot including Chief Metro Rail safety
Commissioner (CMRS) approval, RDSO, Environmental & Pollution
board approval, MCGM/BMC/ PWD/ MSETCL/Tata power/ Adani/
Tree authority etc.

b. Construction of Open/Pile foundation & substructure, viaduct, ramp auto wash


plant, stabling yard, workshops, inspection yard, OCC, DCC, canteens, ETP/STP,
rain water harvesting system, storm water drains, compound wall, utility ducts,
water supply systems, watch towers, underground water tanks, culverts, nalla
diversion & construction, Staff Quarters, etc. other miscellaneous works etc.
c. Proof checking of Detailed Designs submitted by Contractors’ Detailed Design
Consultant for all the Structures.
d. Superstructure consisting of construction and launching of suitable
superstructure spans including, Bearings, Crash barriers, railing, expansion
joint, wearing Coat, footpath, inspection ladder etc.
e. Ramps
i. Approaches: Design and construction of the Earthworks in embankment
or cutting for the ramp including but not limited to:
ii. Clearing & Grubbing and Striping,
iii. Excavation
iv. Side wall,
v. Slope Protection & Erosion Control,
vi. All other related works as considered necessary.
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6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

f. Pre-Engineered Building
g. Proof checking of Design of PEB structures, testing of elements, supervision
and monitoring of construction of Pre-Engineered Building
h. All testing activities and any other activity connected with the construction and
completion of the depot.
i. Utilities work
j. Drainage systems: Design and construction of drainage system of all along the
periphery of depot land and service road including all other related works as
considered necessary.
k. Earth Retaining Structures: Design and construction of earth retaining
structures
l. Uncharted Public Utilities: Identification of the uncharted public utilities (if
required) including co-ordination with the utility owning entities, shifting of
such utilities as per requirement of utility provider, and making necessary
changes in designs of structures or component thereof and approaches.
Miscellaneous Works: Design and construction of all the other miscellaneous
works including but not limited to:
m. Wayside Signs and sign boards.
n. Testing of elements of the viaduct, ramp, all buildings, sheds, yards, PEB
structures etc. for their structural conformity to the Design and the
specifications
o. All other related works as necessary for the successful completion of the Depot
work.
p. Supervision of defect rectification work during DLP of the Depot Contractor.
q. Associated Works and Temporary Works:
i. Temporary Diversions and Restoration: All the necessary temporary
traffic diversions and traffic management, waterway diversions /
diversion of the natural water flow etc. as required for execution of the
depot work, approaches and Temporary Works and ensuring smooth
flow of the same during construction and restoration of the same on
completion of the Works.
ii. Temporary Facilities, Temporary Utilities and Equipment for Use of
Employer / Engineer: Provision of all Temporary Facilities Viz.
Provisional Site Office, Engineer’s Site Office, Survey Equipment and
Temporary Utility Services Viz. Electricity and water supply, sanitation
and sewerage, office cleaning, waste and garbage disposal etc. for the use
of the Employer and the Engineer.

1.5. Reference drawings


The Reference Drawings are attached in this Contract Package to express the
Employer’s concept. General Drawings – Key Plan and Alignment drawing showing
the location of site for the depot.
2. Deleted
3. Deleted

4. Objectives of the Consultancy:

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The objectives of the consultancy shall include but not limited to the following;
a. Proof checking of all designs and working drawings prepared by contractor with
respect to provision of design standard for timely completion of the project.
b. Evaluation of Design of structures prepared by contractor and execution as a third
party for better assurance of the proposed design and ability of the results and
development to meet requirements.
c. Highlighting the problems for execution in existing design.
d. Checking of structural design and drawings prepared by contractor with respect to
provision of tender documents and technical specifications.
e. Conformity between design calculations and drawings.
f. It should be ensured that all proposed working drawing shall be execution friendly.
g. Ensure that high quality construction is achieved and all works are executed in full
compliance with the Engineering Design, technical specifications and other
stipulations of the contract documents and within the specified time. All these task
is proposed to be got executed through GC contract.
h. setting out works, preparation of Job Mix formula for flexible and rigid pavement
and approval of all mix designs for concrete works, conducting quality control in
house test, witnessing the all test conducted in approved laboratories as per norms
fixed by the MMRDA. Supervision, recording all measurements, preparation of
running account bills & final bills and approval of all As Built Drawings.
i. Construction supervision, Project Management, Quality Control and Assurance
during the implementation of works.
j. Ensure that high quality construction is achieved and all works are executed in full
compliance with the Engineering Design, technical specifications and other
stipulations of the contract documents and within the specified time.
k. Co-ordinate, review/monitor the efforts of all contractors including but not limited to
Civil, DDC, Architectural and PEB Finishes, sub-contractors appointed by the contractors,
consultants, suppliers, manufacturers and vendors.
l. Following up and obtaining all approvals from the Govt./semi-Govt./private bodies.
m. Follow up of Environment proposal & other proposals to start the work.
n. Reviewing, Co-coordinating, Monitoring & Assisting of Quality Assurance Plan.
Conducting all testing activities and any other activity connected with the
construction and completion of the depot.
o. Reviewing, Co-coordinating, Monitoring & Assisting of Environmental Management
Plan during project implementation period
p. Reviewing, Co-coordinating, Monitoring & Assisting of Safety Management Plan
during project implementation period
q. Reviewing, Co-coordinating, Monitoring & Assisting of traffic diversion plan &
approval from competent traffic authority.
r. Reviewing, Co-coordinating, Monitoring & Assisting of Utility investigation & Utility
Diversion plan
s. Reviewing, Co-coordinating, Monitoring & Assisting of Tree cutting proposal and
follow up till the permission from MCGM Tree Authority is received & ensure the
compliance of condition therein.)
t. Follow up of Resettlement & Rehabilitation proposal for the project
u. Preparing and submitting proposals, Conducting inspections, liaisoning and

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obtaining various approvals required for completion of depot work and starting
operation of depot including Chief Metro Rail safety Commissioner (CMRS)
approval, RDSO, Environmental & Pollution board approval, MCGM/ PWD/
MSETCL/Tata power/ Adani/ Tree authority etc.

5. Task assigned to GC
The General Consultants shall perform task assigned as specified in Appendix A of TOR.

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Section-II
FORM OF CONTRACT
Percentage Rate Remuneration

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II. FORM OF CONTRACT

This CONTRACT (hereinafter called the "Contract") is made the _______th day of
the……………………. month of 2023, between, on the one hand, ………..Director (P), MMRDA
(hereinafter called the "Employer") which expression shall, unless it be repugnant to the
context or meaning thereof, be deemed to include its successor or successors and assignee
or assignees of the FIRST PART and, on the other hand,(M/s------------)(hereinafter called the
"Consultants") of the SECOND PART.

Name of consultant)................................................ comprising:

a) ..............................................., a company registered and existing under the laws of


..........................................., with head office located at ...............................................................
............................................, represented by Mr. ........................... and Mr. ................................
............................................, authorised to sign and bind the company, under the power of
attorney dated .......................... and the board resolution dated ..................................

b) ..............................................., a company registered and existing under the laws of


..........................................., with head office located at ...............................................................
............................................, represented by Mr. ........................... and Mr. ................................
............................................, authorised to sign and bind the company, under the power of
attorney dated .......................... and the board resolution dated ..................................

WHEREAS

a) The Employer has requested the Consultants to provide certain consulting services as
defined in the General Conditions of Contract attached to this Contract (hereinafter called
the "Services");
b) The Consultants, having represented to the Employer that they have the required
professional skills and personnel and technical resources, have agreed to provide the
Services on the terms and conditions set forth in this Contract for carrying out Services
for Construction and DLP period i.e. technical supervision ,monitoring quality assurance
and other allied services including preparation of designs of structures and issue of
working drawings for completion of work ,project management & proof checking of the
designs for the proposed work of Providing General Consultancy for the work of
Construction of depot for Metro line 6 (Swami Samarth Nagar to Vikhroli) of Mumbai Metro
Rail Project of MMRDA at Kanjurmarg”
NOW THEREFORE the parties hereto hereby agree as follows:
1. The following documents attached hereto shall be deemed to form an integral part
of this Contract:
a. The General Conditions of Contract (hereinafter called "GC");
b. The Special Conditions of contract (hereinafter called "SC");
c. The following Appendices:

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Appendix A: (Terms of Reference) Description of the Services

Appendix B: Reporting RequirementsAppendix-C: Key designations and minimum


supporting staff – consultants professional Staff

Appendix D: Consultancy fee and payment schedules

Appendix E: Services and facilities provided by the Employer

Appendix F: Form of Guarantee for advance payments

Appendix G: Corrigendum’s / modifications / corrections, CSD as per pre bid meeting,


Letter of intent, Letter of acceptance, Work order Letter of power of attorney etc.

Appendix H: Sample Format for Banking Reference for Liquidity

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SECTION-III
GENERAL CONDITIONS OF CONTRACT

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III- GENERAL CONDITIONS OF CONTRACT

1 General Provisions
1.1 Definitions
Unless the context otherwise requires, the following terms whenever used in this
Contract have the following meanings:
a. “Applicable Law” means the laws and any other instruments having the force
of law in India;
b. “Contract” means the Contract signed by the Parties, to which these General
Conditions of Contract are attached together with all the documents listed in
Clause 1 of such signed Contract;
c. “Effective date” means the date on which this contract comes into force and
effect pursuant to clause GC 2.1;
d. “Employer" means MMRDA represented by Metropolitan Commissioner.
e. “Engineer in charge" any officer designated by the Employer for the project.
f. “GC” means these General Conditions of Contract;
g. “Government” means the Government of India / Government of Maharashtra.
h. “Local currency” means the currency of the Indian Government;
i. Deleted
j. “Party” means the Employer or the Consultants, as the case may be and
Parties means both of them.
k. “Personnel” means persons hired by the Consultants or by any Sub-
consultant as employees and assigned to the performance of the Services or
any part thereof.
l. “SC” means the Special Conditions of Contract by which these General
Conditions of Contract may be amended or supplemented;
m. “Services” means the work to be performed by the Consultants pursuant to
this Contract, as described in Appendix A hereto;
n. “Sub-consultant” means any entity to which the Consultants subcontract any
part of the Services in accordance with the provisions of Clause GC 3.7; and
o. “Third Party” means any person or entity other than the Government, the
Employer, the Consultants or a Sub-consultant.

1.2 Relation between the Parties


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

1.3 Law Governing Contract


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

1.4 Language
This Contract has been executed in the language specified in the SC, which shall

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be the binding and controlling language for all matters relating to the meaning or
interpretation of this Contract.

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

1.6 Notices
1.6.1. Any notice, request or consent required or permitted to be given or made
pursuant to this Contract shall be in writing. Any such notice, request or
consent shall be deemed to have been given or made when delivered in
person to an authorized representative of the Party to whom the
communication is addressed, or when sent by registered mail, telegram
or facsimile to such Party at the address specified in the SC.
1.6.2. Notice will be deemed to be effective as specified in the SC.
1.6.3. A Party may change its address for notice hereunder by giving the other
Party notice of such change pursuant to the provisions listed in the SC
with respect to Clause GC 1.6.2.

1.7 Location
The Services shall be performed at such locations as are specified in Appendix A
(Terms of Reference) hereto and, where the location of a particular task is not so
specified, at such locations, whether in Jurisdiction of Mumbai Metropolitan
Region, as the Employer may approve.

1.8 Authority of Member in Charge


Deleted

1.9 Authorized Representatives


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

1.10 Taxes and Duties


Unless otherwise specified in the SC, the Consultants, Sub-consultants and
Personnel shall pay such taxes, duties, fees and other impositions as may be
levied under the Applicable Law

2 Commencements, Completion, Modification and Termination of Contract


2.1 Effectiveness of Contract
This Contract shall come into force and effect on the date (the “Effective Date”)
notice to proceed with the work to the contactor of the work issued by MMRDA
and instructing the Consultants to begin carrying out the Services. This notice
shall confirm that the effectiveness conditions, if any, listed in the SC have been
met.
2.2 Termination of Contract for Failure to Become Effective
If this Contract has not become effective within such time after the date of the

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Contract signed by the Parties as shall be specified in the SC, either Party may, by
not less than four (4) weeks’ written notice to the other Party, declare this
Contract to be null and void, and in the event of such a declaration by either Party,
neither Party shall have any claim against the other Party with respect hereto.

2.3 Commencement of Services


The Consultants shall begin carrying out the Services from the date of work order

2.4 Expiration of Contract

Unless terminated earlier pursuant to Clause GC 2.9 hereof, this Contract shall
expire when services have been completed and all payments have been made at
the end of such time after the Effective Date as shall be specified in the SC.

2.5 Entire Agreement

This Contract contains all covenants, stipulations and provisions agreed by the
Parties. No agent or representative of either Party has authority to make, and the
Parties shall not be bound or be liable for, any statement, representation, promise
or agreement not set forth herein.

2.6 Modification

Modification of the terms and conditions of this Contract, including any


modification of the scope of the Services, may only be made by written agreement
between the Parties. Pursuant to Clause GC 7.2 hereof, however, each Party shall
give due consideration to any proposals for modification made by other Party.

2.7 Force Majeure


2.7.1. Definition
a. For the purpose of this Contract, “Force Majeure” means an event which
is beyond the reasonable control of a Party, and which makes a Party’s
performance of its obligations hereunder impossible or so impractical as
reasonably to be considered impossible in the circumstances, and
includes, but is not limited to war, riots, civil disorders, earthquake, fire,
explosion, storm, flood or other adverse weather conditions, strikes,
lockouts or other industrial action (except where such strikes, lockouts
or other industrial action are within the power of the Party invoking
Force Majeure to prevent), confiscation or any other action by
government agencies.
b. Force Majeure shall not include (i) any event which is caused by the
negligence or intentional action of a Party or such Party’s Sub-consultants
or agents or employees, not (ii) any event which a diligent Party could
reasonably have been expected to both (A) take into account at the time
of the conclusion of this Contract and (B) avoid or overcome in the
carrying out of its obligations hereunder.

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c. Force Majeure shall not include insufficiency of funds or failure to make


any payment required hereunder.

2.7.2. No Breach of Contract


The failure of a Party to fulfill any of its obligations hereunder shall not be
considered to be a breach of, or default under, this Contract insofar as
such inability arises from an event of Force Majeure, provided that the
Party affected by such an event has taken all reasonable precautions, due
care and reasonable alternative measures, all with the objective of
carrying out the terms and conditions of this Contract. 2.7.3.

2.7.3. Measures to be taken


a. A Party affected by an event of Force Majeure shall take all reasonable
measures to remove such Party’s inability to fulfill its obligations
hereunder with a minimum of delay.
b. A party affected by an event of Force Majeure shall notify the other
party of such event as soon as possible, and in any event not later than
fourteen (14) days falling the occurrence of such events, providing
evidence of the nature and cause of such event, and shall similarly give
notice of the restoration of normal conditions as soon as possible.
c. The parties shall take all reasonable measures to minimize the
consequences of any event of Force Majeure.

2.7.4. Extension of Time


Any within which a Party shall, pursuant to this Contract, complete any
action or task, shall be extended for a equal to the time during which such
Party was unable to perform such action as a result of Force Majeure.
2.7.5. DELETED.
2.7.6. Consultation Not later than thirty (30) days after the Consultants, as the
result of an event of Force Majeure, have become unable to perform a
material portion of the Services, the Parties shall consult with each other
with a view to agreeing on appropriate measures to be taken in the
circumstances.

2.8 Suspension
The Employer may, by written notice of suspension to the Consultants, suspend
all payments to the Consultants hereunder if the Consultants fail to perform any
of their obligations under this Contract, including the carrying out of the Services,
provided that such notice of suspension (i) shall specify the nature of the failure,
and (ii) shall request the Consultants to remedy such failure within a not
exceeding thirty (30) days after receipt by the Consultants of such notice of
suspension.

2.9 Termination

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2.9.1. By the Employer


The Employer may, by not less than thirty (30) days’ written notice of
termination to the Consultants (except in the event listed in paragraph (f)
below, for which there shall be a written notice of not less than sixty (60)
days, such notice to be given after the occurrence of any of the events
specified in paragraphs (a) through (g) of this Clause GC 2.9.1 terminate
this Contract:
a. if the Consultants fail to remedy a failure in the performance of their
obligations hereunder, as specified in a notice of suspension pursuant to
Clause GC 2.8 hereinabove, within thirty (30) days of receipt of such
notice of suspension or within such further as the Employer may have
subsequently approved in writing;
b. if the Consultants become (or, if the Consultants consist of more than one
entity, if any of their Members 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 Consultants fail to comply with any final decision reached as a result
of arbitration proceedings pursuant to Clause GC 8 hereof;
d. if the Consultants submit to the Employer a statement which has a
material effects on the rights, obligations or interests of the Employer and
which the Consultants know to be false;
e. if, as the result of Force Majeure, the Consultants are unable to perform a
material portion of the Services for aofnot less than sixty (60) days; or
f. If the Employer, in its sole discretion and for any reason whatsoever,
decides to terminate this Contract.
g. if the Consultant, in the judgment of the Employer has engaged in corrupt
or fraudulent practices in competing for or in executing the Contract.
For the purpose of this clause:
“Corrupt practice” means the offering, giving, receiving or soliciting of
anything of value to influence the action of a public official in the
selection process or in contract execution.
“fraudulent practice” means a misrepresentation of facts in order to
influence a selection process or the execution of a contract to the
detriment of the employer, and includes collusive practice among
consultants (prior to or after submission of proposals) designed to
establish prices at artificial non-competitive levels and to deprive the
employer of the benefits of free and open competition.

2.9.2. By the Consultants


The Consultants may, by not less than thirty (30) days’ written notice to
the Employer, such notice to be given after the occurrence of any of the
events specified in paragraphs (a) through (d) of this Clause GC 2.9.2
terminate this Contract:
a. if the Employer fails to pay any money due to the Consultants

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pursuant to this Contract and not subject to dispute pursuant to


Clause 8 hereof within sixty (60) days after receiving written notice
from the Consultants that such payment is overdue;
b. if the Employer 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 as the Consultants may have subsequently approved
in writing) following the receipt by the Employer of the Consultants’
notice specifying such breach;
c. if, as the result of Force Majeure, the Consultants are unable to
perform a material portion of the Services for not less than sixty (60)
days; or
d. if the Employer fails to comply with any final decision reached as a
result of dispute resolution mechanism pursuant to Clause GC 8
hereof.

2.9.3. Cessation of Rights and Obligations


Upon termination of this Contract pursuant to Clause GC 2.2 or GC 2.9
hereof, or upon expiration of this Contract pursuant to Clause GC 2.4
hereof, all rights and obligations of the Parties hereunder shall cease,
except:
i. such rights and obligations as may have accrued on the date of
termination or expiration;
ii. the obligation of confidentiality set forth in Clause GC 3.3 hereof;
iii. the Consultants’ obligation to permit inspection, copying and auditing
of their accounts and records set forth in Clause GC 3.6 (ii) hereof; and
iv. any right which a Party may have under the Applicable Law.

2.9.4. Cessation of Services


Upon termination of this Contract by notice of either Party to the other
pursuant to Clause GC 2.9.1 or GC 2.9.2 hereof, the Consultants shall,
immediately upon dispatch or receipt of such notice, take all necessary
steps to bring the Services to a close in a prompt and orderly manner and
shall make every reasonable effort to keep expenditures for this purpose
to a minimum. With respect to documents prepared by the Consultants
and equipment and materials furnished by the Employer, the Consultants
shall proceed as provided, respectively, by Clauses GC 3.9 or GC 3.10
hereof.

2.9.5. Payment upon Termination


Upon termination of this Contract pursuant to Clause GC 2.9.1 or GC 2.9.2
hereof, the Employer shall make the following payments to the
Consultants (after offsetting against these payments any amount that
may be due from the Consultant to the Employer).
a. Remuneration pursuant to Clause GC 6 hereof of Services
satisfactorily performed prior to the effective date of termination.
b. Reimbursable expenditures pursuant to Clause GC 6 hereof for

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expenditures actually incurred prior to the effective date of


termination; and
c. Except in the case of termination pursuant to paragraphs (a) through
(d) of Clause GC 2.9.1 hereof, reimbursement of any reasonable cost
incident to the prompt and orderly termination of the Contract
including the cost of the return travel of the Consultants’ personnel
and their eligible dependents.

2.9.6. Disputes about Events of Termination


If either Party disputes whether an event specified in paragraphs (a)
through (c) of Clause GC 2.9.1 or in Clause GC 2.9.2 hereof has occurred,
such Party may, within forty-five (45) days after receipt of notice of
termination from the other Party, refer the matter to dispute settlement
pursuant to Clause GC 8 hereof.

3 Obligations of the Consultants


3.1 General
3.1.1. Standard of Performance
The Consultants shall perform the Services and carry out their obligations
hereunder with all due diligence, efficiency and economy, in accordance
with general accepted professional techniques and practices, and shall
observe sound management practices, and employ appropriate advanced
technology and safe and effective equipment, machinery, materials and
methods. The Consultants shall always act, in respect of any matter
relating to this Contract or to the Services, as faithful advisers to the
Employer, and shall at all times support and safeguard the Employer’s
legitimate interests in any dealings with Sub-consultants or Third Parties.

3.1.2. Law Governing Services


The Consultants shall perform the Services in accordance with the
Applicable Law and shall take all practicable steps to ensure that any Sub-
consultants, as well as the Personnel of the Consultants and any Sub-
consultants, comply with the Applicable Law.

3.2 Conflict of Interests


3.2.1. Consultants Not to Benefit from Commissions, Discounts, etc.
The remuneration of the Consultants pursuant to Clause GC 6 hereof shall
constitute the Consultants’ sole remuneration in connection with this
Contract or the Services and, subject to Clause GC 3.2.2 hereof, the
Consultants shall not accept for their own benefit any trade commission,
discount or similar payment in connection with activities pursuant to this
Contract or to the Services or in the discharge of their obligations
hereunder, and the Consultants shall use their best efforts to ensure that
any Sub-consultants as well as the Personnel and agents of either of them,
similarly shall not receive any such additional remuneration.
3.2.2. Engagement in preparation of DPR, Bid Documents for appointment of

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Contractor and General Consultant for the “Construction of Depot for


Metro line 6 (Swami Samarth Nagar to Vikhroli) of Mumbai Metro Rail
Project” in last 5 years of the Bid Due date shall be considered as conflict
of interest. In such cases the firm / bidder shall not be considered as
eligible for participation in this bid.

3.2.3. Consultants and affiliates not to engage in certain activities


The Consultants agree that, during the term of this Contract and after its
termination, the Consultants and any entity affiliated with the
Consultants, as well as any Sub-consultant and any entity affiliated with
such Sub-consultant, shall be disqualified from providing goods, works or
services (other than the Services and any continuation thereof) for any
project resulting from or closely related to the Services. 3.2.4.

3.2.4. Prohibition of conflicting activities


The Consultants shall not engage, and shall cause their Personnel as well
as their Sub-consultants and their Personnel not to engage, either directly
or indirectly, in any of the following activities:
a. during the term of this Contract, any business or professional
activities in the Government’s country which would conflict with the
activities assigned to them under this Contract; and
b. after the termination of this Contract, such other activities as may be
specified in the SC.

3.3 Confidentiality
The Consultants, their Sub-consultants and the Personnel of either of them shall
not, either during the term or within two (2) years after the expiration of this
Contract, disclose any proprietary or confidential information relating to the
Project, the Services, this Contract or the Employer’s business or operations
without the prior written consent of the Employer.

3.4 Liability of the Consultants


Subject to additional provisions, if any, set forth in the SC, the Consultants’
liability under this Contract shall be as provided by the Applicable Law

3.5 Insurance to be taken out by the Consultants


The Consultants (i) shall take out and maintain, and shall cause any Sub-
consultants to take out and maintain, at their (or the Sub-consultants’, as the case
may be) own cost but on terms and conditions approved by the Employer,
insurance against the risks, and for the coverage, as shall be specified in the SC,
and (ii) at the Employer’s request, shall provide evidence to the Employer
showing that such insurance has been taken out and maintained and that the
current premiums therefore have been paid

3.6 Accounting, Inspection and Auditing

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The Consultants (i) shall keep accurate and systematic accounts and records in
respect of the Services, hereunder, in accordance with internationally accepted
accounting principles and in such form and detail as will clearly identify all
relevant time charges and cost, and the bases thereof (including such bases as
may be specifically referred in the SC); (ii) shall permit the Employer or its
designated representative, and up to one year from the expiration or termination
of this Contract, to inspect the same and make copies thereof as well as to have
them audited by auditors appointed by the Employer.

3.7 Consultants’ actions requiring employer’s prior approval


The following shall obtain the Employer’s approval in writing before taking any
of the following actions:
a. appointing such members of the Personnel as are listed in Appendix C (Key
designations and minimum supporting staff ‘Consultants’ Sub-consultants’
Key Personnel”)
b. entering into a subcontract for the performance of any part of the Services,
it being understood (i) that the selection of the sub-consultant and the terms
and conditions of the subcontract shall have been approved in writing by the
Employer prior to the execution of the subcontract, and (ii) that the
Consultants shall remain fully liable for the performance of the Services by
the Sub-consultant and its Personnel pursuant to this Contract; and
c. Any other action that may be specified in the SC.

3.8 Reporting Obligations


The Consultants shall submit to the Employer the reports and documents
specified in Appendix B hereto, in the form, in the numbers and within the time
set forth in the said Appendix.

3.9 Documents prepared by the Consultants to be the property of the Employer.


All plans, drawings, specifications, designs, reports, other documents and
software prepared by the Consultants for the Employer under this Contract shall
become and remain the property of the Employer, and the Consultants shall, not
later than upon termination or expiration of this Contract, deliver all such
documents to the Employer, together with a detailed inventory thereof. The
Consultants may retain copy of such documents and software. Restrictions about
the future use of these documents and software, if any, shall be specified in the
SC.

3.10 Equipment and materials furnished by the Employer.


Equipment and materials made available to the Consultants by the Employer or
purchased by the Consultants with funds provided by the Employer, shall be
property of the Employer and shall be marked accordingly. Upon termination or
expiration of this Contract, the Consultants shall make available to the Employer
an inventory of such equipment and materials and shall dispose of such
equipment and materials in accordance with the Employer’s instructions. While
in possession of such equipment and materials, the Consultants, unless otherwise

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instructed by the Employer in writing, shall insure them at the expense of the
Employer in an amount equal to their full replacement value.

4 Consultants’ personnel and sub-consultants


4.1 General
The Consultants shall employ and provide such qualified and experienced
Personnel and Sub-consultants as are required to carry out the Services as
specified in Section-V APPENDICE – A clause 1.7. Broad qualification and
experience requirement for key professional Staff for Period.

4.2 Description of personnel


a. The titles, agreed job descriptions, minimum qualification and estimated of
engagement in the carrying out of the Services of each of the Consultants’ Key
Personnel are described in Appendix C. If any of the Key Personnel has
already been approved by the employers his / her name is listed as well.
b. If required to comply with the provisions of Clause GCC 3.1.1 hereof,
adjustments with respect to the estimated engagement of Key Personnel set
forth in Appendix C may be made by the Consultants by written notice to the
Employer, provided (i) that such adjustments shall not alter the originally
estimated of engagement of any individual by more than 10% or one week,
whichever is larger, and (ii) that the aggregate of such adjustments shall not
cause payments under this Contract to exceed the ceilings set forth in Clause
GC 6.1 (b) of this Contract. Any other such adjustments shall not be made
without the Employer’s written approval.
c. If additional work is required beyond the scope of the Services specified in
Appendix A, the estimated of engagement of Key Personnel set forth in
Appendix C may be increased by agreement in writing between the Employer
and the Consultants, provided that any such increase shall not, except as
otherwise agreed, cause payments under this Contract to exceed the ceilings
set forth in Clause GC 6.1 (b) of this Contract.

4.3 Approval of personnel


The Key Personnel and Sub-consultants listed by title as well as by name in
Appendix C as hereby approved by the Employer. In respect of other Key
Personnel which the Consultants propose to use in carrying out of the Services,
the Consultants shall submit to the employer for review and approval a copy of
their biographical data and (in the case of Key personnel to be used within the
country of the Government). If the Employer does not object in writing (stating
the reasons of the objection) within twenty-one (21) calendar days from the date
of receipt of such biographical data and (if applicable) such certificate, such Key
Personnel shall be deemed to have been approved by the Employer.

4.4 Working hours, overtime, leave etc.


a. Working hours and holidays for Key Personnel are set forth in Appendix C
hereto. To account for travel time, foreign Personnel carrying out Services
inside India shall be deemed to have commenced (or finished) work in

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respect of the Services such number of days before their arrival (or after their
departure from).
b. The Key Personnel shall not be entitled to be paid for overtime nor to take
paid sick leave or vacation leave except as specified in Appendix C hereto,
and except as specified in such Appendix, the Consultants remuneration shall
be deemed to cover these items. All leave to be allowed to the Personnel is
included in the staff months of service set forth in Appendix C. Any taking of
leave by Personnel shall be subject to the prior approval by the Consultants
who shall ensure that absence for leave purposes will not delay the progress
and adequate supervision of the Services.

4.5 Removal and / or replacement of personnel


a. Except as the Employer may otherwise agree, no changes shall be made in
the Key Personnel. If, for any reason beyond the reasonable control of the
Consultants, it becomes necessary to replace any of the Personnel, the
Consultants shall forthwith provide as a replacement a person of equivalent
or better qualifications.
b. If the Employer (i) finds that any of the Personnel has committed serious
misconduct or has been charged with having committed a criminal action, or
(ii) has reasonable cause to be dissatisfied with the performance of any of the
Personnel, then the Consultants shall, at the Employer’s written request
specifying the grounds therefore, forthwith provide as a replacement a
person with qualifications and experience accept able to the Employer.
c. Any of the Personnel provided as a replacement under Clauses (a) and (b)
above, the rate of remuneration applicable to such person as well as any
reimbursable expenditures (including expenditures due to the number of
eligible dependents) the Consultants may wish to claim as a result of such
replacement, shall be subject to the prior written approval by the Employer.
Except as the Employer may otherwise agree, (i) the Consultants shall bear
all additional travel and other costs arising out of or incidental to any
removal and / or replacement, and (ii) the remuneration to be paid for any
of the personnel provided as a replacement shall not exceed the
remuneration which would have been payable to the Personnel replaced.
d. After award of contract the Client expects all of the proposed key personnel
to be available during implementation of the contract. The client will not
consider substitutions during contract implementation except under
exceptional circumstances. For the reason other than death/ extreme
medical ground (i) for total replacement up to 10% of key personnel,
remuneration shall be reduced by 10% (ii) for replacement between 10% to
50%, remuneration shall be reduced by 15% (iii) for replacement beyond
50% of the total key personnel, the Client may initiate debarment
proceedings so as to debar such consultant for future projects of MMRDA for
a period of 12 months to 24 months. If, for any reason beyond the reasonable
control of the consultants, it becomes necessary to replace any of the
personnel, the consultants shall forthwith provide as a replacement a person
of equivalent or better qualification and experience.

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4.6 Deleted

5 Obligations of the Employer


5.1 Assistance and Exemptions
Unless otherwise specified in the SC, the Employer shall use its best efforts to
ensure that the Government shall:
a. assist the Consultants, Sub-consultants and Personnel with such documents
as shall be necessary to enable the Consultants, Sub-consultants or Personnel
to perform the Services.
b. assist for the Personnel and, if appropriate, their eligible dependents to be
provided promptly with all necessary entry documents required for their
stay in India.
c. DELETED
d. Issue to officials, agents and representatives of the Government all such
instructions as may be necessary or appropriate for the prompt and effective
implementation of the Services;
e. assist the Consultants and the Personnel and any Sub-consultants employed
by the Consultants for the Services from any requirement to register or
obtain any permit to practice their profession or to establish themselves
either individually or as a corporate entity according to the Applicable Law;
f. grant to the Consultants, any Sub-consultant and the Personnel of either of
them the privilege, pursuant to the Applicable Law, of bringing into
Government’s country reasonable amounts of foreign currency for the
purpose of the services or for the personnel use of the personnel and their
dependents and of withdrawing any such amounts as may be earned therein
by the personnel in the execution of the services ; and
g. Provide to the Consultants, Sub-consultants and Personnel any such other
assistance as may be specified in the SC.

5.2 Access to Land


The Employer warrants that the Consultants shall have, free of charge,
unimpeded access to all land in the Government’s country in respect of which
access is required for the performance of the Services. The Employer will be
responsible for any damage to such land or any property thereon resulting from
such access and will indemnify the Consultants and each of the Personnel in
respect of liability for any such damage, unless such damage is caused by the
default or negligence of the Consultants or any Subconsultant or the Personnel of
either of them.

5.3 Changes in the Applicable Law


If, after the date of this Contract, there is any change in the Applicable Law with
respect to taxes and duties which increase or decreases the cost or reimbursable
expenses incurred by the Consultants in performing the Services, then the
remuneration and reimbursable expenses otherwise payable to the Consultants
under this Contract shall be increased or decreased accordingly by agreement
between the Parties hereto, and corresponding adjustments shall be made to the

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ceiling amounts specified in Clause GC 6.1 (b).

5.4 Services, facilities and property of the Employer


The Employer shall make available to the Consultants and the Personnel, for the
purposes of the services and free of any charge, the services, facilities and
property described in Appendix E at the times and in the manner specified in said
Appendix E, provided that if such services, facilities and property shall not be
made available to the Consultants as and when so specified, the Parties shall
agree on (i) any time extension that it may be appropriate to grant to the
Consultants for the performance of the Services, (ii) the manner in which the
Consultants shall procure any such services, facilities and property from other
sources, and (iii) the additional payments, if any, to be made to the Consultants
as a result thereof pursuant to Clause GC 6.1 (c) hereinafter.

5.5 Payment
In consideration of the Services performed by the Consultants under this
Contract, the Employer shall make to the Consultants such payments and in such
manner as is provided by Clause GC 6 of this Contract.

5.6 Counterpart Personnel


a. If so provided in Appendix E hereto, the Employer shall make available to the
Consultants, as and when provided in such Appendix E, and free of charge,
such counterpart personnel to be selected by the Employer, with the
Consultants’ advice, as shall be specified in such Appendix E. Counterpart
personnel shall work under the exclusive direction of the Consultants. If any
member of the counterpart personnel fails to perform adequately any work
assigned to him by the Consultants, which is consistent with the position
occupied by such member, the Consultants may request the replacement of
such member, and the Employer shall not unreasonably refuse to act upon
such request.
b. Deleted

6 Payments to the Consultants


6.1 Cost Estimates /Ceiling Amount
a. An estimate of the cost of the Services payable in local currency is set forth
in Appendix D.
b. Except as may be otherwise agreed under Clause GC 2.6 and subject to
Clause GC 6.1 (c), payments under this Contract shall not exceed the ceilings
in local currency specified in the SC. The Consultants shall notify the
Employer as soon as cumulative charges incurred for the Services have
reached 80% of either of these ceilings.
c. Notwithstanding Clause GC 6.1 (b) hereof, if pursuant to clauses GC 5.3, 5.4
or 5.6 hereof, the Parties shall agree that additional payments in local
currency shall be made to the Consultants in order to cover any necessary
additional expenditures not envisaged in the cost estimates referred to in
Clause GC 6.1(a) above, the ceiling or ceilings, as the case may be, set forth in

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Clause GC 6.1 (b) above shall be increased by the amount or amounts, as the
case may be, of any such additional payments.

6.2 Remuneration and reimbursable Expenditures


a. Subject to the ceilings specified in Clause GC 6.1 (b) hereof, the Employer
shall pay to the Consultants (i) remuneration as set forth in Clause GC 6.2 (b),
and (ii) reimbursable expenditure as set forth in Clause GC 6.2 (c). If specified
in the SC, said remuneration shall be subject to price adjustment as specified
in the SC.
b. Remuneration for the Personnel shall be determined on the basis of time
actually spent by such Personnel in the performance of the Services after the
date determined in accordance with Clause GC 2.3 and Clause 2.3 (or such
other date as the Parties shall agree in writing) at the rates referred to, and
subject to such additional provisions as are set forth, in the SC.
c. Reimbursable expenditures actually and reasonably incurred by the
Consultants in the performance of the Services, as specified in Clause SC 6.3
(b)

6.3 Currency of Payment


a. DELETED
b. The SC shall specify which items of remuneration and reimbursable
expenditures shall be paid, respectively, in foreign and in local currency.

6.4 Mode of Billing and Payment


Billing and payments in respect of the Services shall be made as follows:
a. DELETED.
b. As soon as practicable and not later than fifteen (15 days) after the end of
each calendar month during the Services, the Consultants shall submit to the
Employer, in duplicate, itemized statements, accompanied by copies of
receipted invoices of the amounts payable pursuant to Clauses GC 6.3 and 6.4
for such month. Each such separate monthly statement shall distinguish that
portion of the total eligible costs which pertains to remuneration from that
portion which pertains to reimbursable expenditures.
There shall be deduction of 5% towards retention money in every IPC up to
the maximum value of 5% of the Contract Amount. The release of the
retention money of 50% amount shall be done after substantial completion
certificate issued by the Engineer, balance 50% amount of retention money
shall be released after completion of defect liability period as per decision of
the Engineer/Employer.
c. The Employer shall cause the payment of the Consultants as given in
schedule of payment above within sixty (60) days after the receipt by the
Employer of bills with supporting documents. Only such portion of a monthly
statement 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 Consultants, the Employer may
add or subtract the difference from any subsequent payments. Interest at the

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rate specified in the SC shall become payable as from the above due date on
any amount due by, but not paid on, such due date.
d. The final payment under this Clause shall be made only after the final report
and a final statement, identified as such, shall have been submitted by the
Consultants and approved as satisfactory by the Employer. The Services shall
be deemed completed and finally accepted by the Employer and the final
report and final statement shall be deemed approved by the Employer as
satisfactory ninety (90) calendar days after receipt of the final report and
final statement by the Employer unless the Employer, within such ninety
(90) day, gives written notice to the Consultants specifying in detail
deficiencies in the Services, the final report or final statement. The
Consultants shall thereupon promptly make any necessary corrections, and
upon completion of such corrections, the foregoing process shall be repeated.
Any amount which the Employer has paid or caused to be paid in accordance
with this Clause in excess of the amounts actually payable in accordance with
the provisions of this contract shall be reimbursed by the Consultants to the
Employer within thirty (30) days after receipt by the Consultants of notice
thereof. Any such claim by the Employer for reimbursement must be made
within twelve (12) calendar months after receipt by the Employer of a final
report and a final statement approved by the Employer in accordance with
the above.
e. All payments under this Contract shall be made to the account of the
Consultants specified in the SC.
f. No Interest would be paid over the delayed payment. There is no provision
of escalation in this contract. No escalation shall be paid on the scope of
work/delayed works. Regarding delay in Consultant’s works, the Engineer’s
decision shall be final and binding.

6.5 Variations:
Variations may be initiated by the Engineer/Employer at any time prior to issuing
the completion certificate for the design works, either by an instruction or by a
request for the General Consultant to submit a proposal. The General Consultant
shall execute and be bound by each Variation.

7 Fairness and good faith


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

7.2 Operation of the Contract


The Parties recognize that it is impractical in this Contract to provide for every
contingency which may arise during the life of the Contract, and the Parties
hereby agree that it is their intention that this Contract shall operate fairly as
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between them, and without detriment to the interest of either of them, and that,
if during the term of this Contract either Party believes that this Contract is
operating unfairly, the Parties will use their best efforts to agree on such action
as may be necessary to remove the cause or causes of such unfairness, but no
failure to agree on any action pursuant to this Clause shall give rise to dispute
subject to arbitration in accordance with Clause GC 8 hereof

8 Settlement of Disputes
8.1 Amicable Settlement
The Parties shall use their best efforts to settle amicably all disputes arising out
of or in connection with this Contract or the interpretation thereof.

8.2 Dispute Settlement


Any dispute between the Parties as to matters arising pursuant to this Contract
which cannot be settled within thirty (30) days after receipt by one Party of the
other Party’s request for such amicable settlement may be submitted by either
Party for settlement in accordance with the provisions specified in the SC.

9 Delays and Liquidated Damages


Time is the essence of the Contract. It shall be the bounden duty of the General Consultant
to strictly adhere to the time for performance of various services indicated in the
Contract. In case of delays without valid reason, the General Consultant shall be liable to
pay liquidated damages as given in SCC. The maximum limit of Liquidated Damages shall
be 10% of the Fixed Lump Sum Price of the Contract.

10 Priority of Documents
The documents forming the Contract are to be taken as mutually explanatory of one
another. If there is an ambiguity or discrepancy in the documents, the Engineer shall issue
any necessary clarification or instruction to the Contractor, and the priority of the
documents shall be as follows:

i. The Contract Agreement;


ii. The Letter of Acceptance;
iii. Notice Inviting Tender;
iv. Instruction to Tenderers;
v. Scope of Work;
vi. The Special Conditions of Contract;
vii. The General Conditions of Contract;
viii. The Payment Schedules;
ix. The Contractor’s Proposal; and
x. Any other document forming part of the Contract.

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SECTION – IV
SPECIAL CONDITIONS OF CONTRACT

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IV- SPECIAL CONDITIONS OF CONTRACT

Numbe Amendments of, and Supplements to, Clauses in the General Conditions of
r of GC Contract.
Clause
1.1(g) “Government” means the Government of India / Government of Maharashtra.
1.4 The language is: English
1.6.1 The address is:
a. Employer: Director (Projects),
Metro-PIU, Mumbai Metropolitan Region Development Authority
(MMRDA)
Bandra-Kurla Complex, Bandra (East), Mumbai–400 051.
Fax:022-26594076
E-mail: basavaraj.mb@mailmmrda.maharashtra.gov.in
b. Consultants:
………………………………………………………………..
………………………………………………………………..
Fax: E-mail:
1.6.2 Notice will be deemed to be effective as follows:
a. in the case of personal delivery or registered mail, on delivery;
b. in the case of telegrams, 24 hours following confirmed transmission; and
c. in the case of facsimiles, 24 hours following confirmed transmission.
1.9 The Authorized Representatives are:
For the Employer: 1) Director (P), Metro-PIU, MMRDA
For the Consultants: 1) Shri………………………………………………
1.10 The consultants, Sub-consultants and the Personnel shall pay the taxes, duties, fees,
levies and other impositions levied under the existing, amended or enacted laws
during life of this contract and the employer shall perform such duties in regard to the
deduction of such tax as may be lawfully imposed.
2.2 The time shall be 45 days
2.3 The time shall be 7 days.
2.4 The time of contract shall be 30 months Plus DEFECT LIABILITY period of 24 months.
The time will commence from work order issued to the Consultant.
3.4 Limitation of the Consultants liability towards the Employer
a. Except in case of gross negligence or willful misconduct on the part of the
Consultants or on the party of any person or firm acting on behalf of the
Consultants in carrying out the Services, the Consultants, with respect to damage
caused by the Consultants to their Employer’s property, shall not be liable to the
Employer:
i. For any indirect or consequential loss or damage; and
ii. For any direct loss or damage that exceeds
43.1.1.
he total payments for Professional Fees and Reimbursable Expenditures
made or expected to be made to the Consultants hereunder, or
43.1.2.
he proceeds the Consultants may be entitled to receive from any insurance
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Numbe Amendments of, and Supplements to, Clauses in the General Conditions of
r of GC Contract.
Clause
maintained by the Consultants to cover such a liability, whichever of (A)
or (B) is higher.
43.2. This limitation of liability shall not affect the Consultants’ liability, if any, for
3.5 damage to Third Parties caused by the Consultants or any person or firm acting
on behalf of the Consultants in carrying out the Services.

The risks and the coverage shall be as follows:


a. Third Party motor vehicle liability insurance as required under Motor Vehicles
Act, 1988 in respect of motor vehicles operated in India by the Consultants or
their Personnel or any Sub-consultants or their Personnel for the of consultancy.
b. Third Party liability insurance with a minimum coverage of Rs. 5.00 lacs for the
of consultancy.
c. Professional liability insurance, as mentioned in Clause 3.4 (a) (ii) above, with a
minimum coverage equal to estimated remuneration and reimbursable.

d. Third Party motor vehicle liability insurance as required under Motor Vehicles
Act, 1988 in respect of motor vehicles operated in India by the Consultants or
their Personnel or any Sub-consultants or their Personnel for the of consultancy.
e. Third Party liability insurance with a minimum coverage of Rs. 5.00 lacs for the
of consultancy.
f. Professional liability insurance, as mentioned in Clause 3.4 (a) (ii) above, with a
minimum coverage equal to estimated remuneration and reimbursable.
g. Employer’s liability and workers’ compensation insurance in respect of the
Personnel of the Consultants and of any Sub-consultant, in accordance with the
relevant provisions of the Applicable Law, as well as, with respect to such
Personnel, any such life, health, accident, travel or other insurance as may be
appropriate; and
h. Insurance against loss of damage to (i) equipment purchased in whole or in a part
with funds provided under this Contract, (ii) the Consultants’ property used in
the performance of the Services, and (iii) any documents prepared by the
Consultants in the performance of the Services.

i. 3.7(c) The other actions are:


i. Taking any action under a civil works contract designating the Consultants as
"Engineer", for which action, pursuant to such civil works contract, the
written approval of "Employer" is required.

3.9 The Consultants shall not use these documents for purposes unrelated to this
Contract without the prior written approval of the Employer.

4.6 The person designated as Team Leader in Appendix C, shall serve in that capacity as
specified in GCC Clause 4.6.

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Numbe Amendments of, and Supplements to, Clauses in the General Conditions of
r of GC Contract.
Clause
6.1 (b) The ceiling in local currency is the standard fee prescribed in the Appendix-D

6.2 (a) Nil


(ii)
6.2 (b) 1. It is understood (i) that the remuneration rates shall cover (A) such salaries and
(i) allowances as the Consultants shall have agreed to pay to the Personnel as well
as factors for social charges and overhead, and (B) the cost of backstopping by
home office staff not included in the Personnel listed in Appendix C, and (C) the
Consultants’ fee, (ii) that bonuses or other means of profit-sharing shall not be
allowed as an element of overhead, and (iii) that any rates specified for persons
not yet appointed shall be provisional and shall be subject to revision, with the
written approval of the Employer, once the applicable salaries and allowances
are known.

2. Remuneration for period of less than one month shall be calculated on an hourly
basis for actual time spent in the Consultants’ home office and directly
attributable to the Services (one hour being equivalent to 1/240th of a month)
and on a calendar day basis for time spent away from home office (one day being
equivalent to 1/30th of a month).

6.2 (b) The rates for local Personnel are set forth in Appendix D.
(ii)

6.3 (b)
(i) Remuneration for local Personnel shall be paid in local currency
(ii) Reimbursable expenditure shall not be payable

6.4 (a) Deleted

6.4 (c) The interest rate is: Nil

6.4 (e) the accounts are: - For local currency:

6.5 Variations:
Variations may be initiated by the Engineer/Employer at any time prior to issuing the
completion certificate for the scope of work of General Consultant, either by an instruction or
by a request for the General Consultant to submit a proposal. The General Consultant shall
execute and be bound by each Variation.
If the Engineer/Employer requests a proposal, prior to instructing a Variation, the General
Consultant shall respond in writing as soon as practicable, either by giving reasons why he
cannot comply (if this is the case) or by submitting: (a) a description of the proposed design
to be performed and a programme for its deliverables, (b) the General Consultant 's proposal
for any necessary modifications to the programme, according to Programme and to the Time
for Completion, and (c) the General Consultant 's proposal for adjustment to the Contract
Price. The Engineer shall, as soon as practicable after receiving such proposal, respond with

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6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

Numbe Amendments of, and Supplements to, Clauses in the General Conditions of
r of GC Contract.
Clause
approval, disapproval or comments. The General Consultant shall not delay any work whilst
awaiting a response. Each instruction to execute a Variation, with any requirements for the
recording of Costs, shall be issued by the Engineer to the General Consultant, who shall
acknowledge receipt. Upon instructing or approving a Variation, the Engineer shall proceed
to agree or determine adjustments to the Contract Price and the Schedule of Payments.

8.2 Disputes shall be settled in accordance with the following provisions:


1.2.1. If a dispute of any kind whatsoever arises between the Engineer-in charge
and the Consultant in connection with, or arising out of, the Contract or the
scope of the work, whether during the study or after completion of the study
and whether before or after repudiation or termination of the Contract,
including any dispute as to any opinion, instruction, determination,
certification or valuation of the Engineer In charge, the matter shall be in the
first place, be referred in writing to the Engineer In charge within 30 days of
its occurrence for review, with a copy to the Employer. If the Consultant fails
to refer the dispute for review within 30 days, the Engineer In charge’s
decision shall be final and binding on the Consultant. Such reference shall
state that it is made pursuant to this Clause. No later than the fourteenth day
after the day on which he received such reference, the Engineer In charge
shall give notice of his decision to the Employer and the Consultant. Such
decision shall state that it is made pursuant to this Clause. Notwithstanding
the arising of any dispute, unless the Contract has already been repudiated or
terminated, the Consultant shall, in every case, continue to proceed with the
work with all due diligence and the Consultant and the Engineer In charge
shall give effect forthwith to every such decision unless and until the same
shall have been revised, as hereinafter provided.

1.2.2. If either the Employer or the Consultant disagrees with the decision of the
Engineer In charge, the decision shall then be referred by the Employer or by
the Consultant, within 30 days of the decision of the Engineer-In-charge to
the Metropolitan Commissioner, MMRDA. The decision of the Metropolitan
Commissioner, MMRDA shall be final and binding on both the parties.
9 The maximum limit of Liquidated Damages shall be 10% of the Fixed Lump Sum
Price of the Contract.

Liquidated damages shall be incurred for late delivery of documents/ non-


performance of Activity as indicated in Payment Schedule in Appendix D of tender
documents as decided by the Engineer/Employer.

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SECTION – V
APPENDICES

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6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

APPENDIX-A
TERMS OF REFERENCE (TOR) DESCRIPTION OF THE SERVICES

1.1 Introduction:
a. Metro Line 6 of the Mumbai Metro is part of the metro system for the city
of Mumbai, India. It is to connect Swami Samarth Nagar-Lokhandwala in Andheri in
the western suburbs to Vikhroli and Kanjurmarg in the eastern suburbs. Major
section of the line will run through the Jogeshwari–Vikhroli Link Road which is going
to be fully elevated.
b. The depot of Metro Line 6 is planned at Kanjurmarg.
1.2 The Mumbai Metropolitan Region Development Authority (MMRDA) will be the
Implementing Agency for the Projects. The scope of work will be primarily but not limited
to the following:

Scope of work
a. Providing General Consultancy Services during construction period and DLP of the
“Construction of depot and Essential staff quarters for Metro line 6 (Swami Samarth
Nagar to Vikhroli) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg” .i.e.
technical supervision, monitoring quality assurance, contract management and other
allied services including supervision of geotechnical investigations, detailed scrutiny
of designs and issuing working drawings submitted by the Contractor for the Depot of
Metro Line 6, foundation and substructure, superstructure, implementation of Utility,
investigation & Utility Diversion plan, Preparation & implementation of Quality
Assurance Plan, Preparation & implementation of Safety Plan, Implementation of
Environment Monitoring plan, Permissions from MCGM tree Authority for tree cutting
& compliance of condition, preparation & follow up of Resettlement & Rehabilitation
proposal for the project , interface management between various civil and systems
agencies and works etc.
b. Monitoring all testing activities and any other activity in accordance to the
specifications connected with the construction and completion of the project.
c. All works and Liaising related to permission from any statutory body.
d. Periodical reporting preparation/checking of bills, dispute/claims resolution etc
e. Time is the essence of the contract. MMRDA also gives top priority to the quality of
work without any compromise and expects flawless quality control of the work from
the consultants. In view of achieving highest quality of work, strict implementation of
quality control standards is expected. Also, any serious defect in any structural
member will attract non-refundable fine of Rs 50,000/- per such defect and amount of
such fine shall be debited from the bills of consultants. More than 3 defects may attract
a disciplinary action of blacklisting of consultants for future works of MMRDA. MMRDA
shall also deploy a third party auditor agency for quality and safety audits of the project
if required at the cost of GC . Providing all requisite data and information by the audit
agency shall be the responsibility of the consultants.
f. MMRDA also provides utmost importance to safety at project site. Any accident causing
serious injury to any workman shall be considered as lapse in safety supervision of
consultants and will attract fine of Rs.10,000 /- per accident. The accident causing
death of any workman will attract fine of Rs. 1,00,000 /- per death. More than three
numbers of deaths of workmen due to lapse in safety aspect, shall attract a disciplinary

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action of blacklisting of consultants for future works of MMRDA. Road Safety audit as
per Supreme Court Order vide Government of Maharashtra, Public Works Department
Government Resolution dated 27/02/2017&28/02/2017 shall be performed by the
consultants.
a. The Consultants may, if they wish, services of other consultants / sub-consultants in
order to enhance their capability/capacity. They may also hire the services of suitably
qualified and experienced key professional staff (ensuring their availability for the
project duration) to enhance the quality of the team, if such staff is not readily
available within their own organization. However, majority of the key professional
staff should be permanent employees of the consultants.
g. Detail scope of work is mentioned in Chapter I-C scope of work
1.3 Objective of the Consultancy:
The Consultancy services shall include:
b. Construction supervision, Project Management, Contract Management, Quality
Control and Assurance, interface management during the implementation of the
project & allied works.
c. Detailed scrutiny of designs of structures submitted by contractor and issue of
working/ good for construction drawings for the work.
d. Ensure that high quality construction is achieved, and all works are executed in full
compliance with the engineering design, technical specifications and other
stipulations of the contract documents and within the specified time.
e. Field surveys and preparation of topographical survey plans for route alignments and
assessments of land requirement for facilities like OCC,RSS, workshops, pit wheel,
stabling yard, station areas, electric substations (TSS and RSS) maintenance depot and
construction depots, casting yard, labour camps, fire fighting facilities, essential staff
quarters etc.
f. Identification of depot and preparation/ modifications of its general layout plans,
covering all facilities like auto wash plant, stabling yard, workshops, inspection yard,
OCC, DCC, canteens, ETP/STP, rain water harvesting system, storm water drains,
compound wall, utility ducts, water supply systems, watch towers, underground
water tanks, culverts, nalla diversion & construction, essential staff quaters etc.
g. Conceptual plans for the rolling stock maintenance depots.
h. Planning, design and construction of Pre-engineered building.
i. Interface management among various agencies in Metro depot construction.
j. Preparing and submitting proposals, Conducting inspections, liaisoning and obtaining
various approvals required for completion of depot work, essential staff quarters and
starting operation of depot including Chief Metro Rail safety Commissioner (CMRS)
approval, RDSO, Environmental & Pollution board approval, MCGM/BMC/ PWD/
MSETCL/Tata power/ Adani/ Tree authority etc.
k. Preparing, designing, and supervising track layout and its construction and its
approvals from RDSO, CMRS etc.

1.4 Scope of Work:


The assignment will be as below:
a. Services in construction
b. Services in DLP

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Scope and detailed tasks under:


Services in construction phase and DLP phase.
The consultants shall supervise the Civil Works of the Contractor appointed by MMRDA
under and as per the directives of the Engineer-in-charge of MMRDA for the said wok.

The tasks are as below:


1.6 The Works:
The subjected work generally includes the following tasks, (but not limited to these) as
required:
a. Design & Construction of Depot and Essential staff quarters.
b. Proof checking / Design and construction of foundation, substructure and
superstructure work for all buildings/structures, shed, compound wall and Viaduct,
Ramp , tracks & turnouts, stabling yards, earthwork, nalla, SWD, sewerage works,
water supply works , architectural finishes, PEB, rainwater harvesting, tree plantation,
landscaping, track plinths, ETP/STP, street lights, high mast, footpath, utility ducts,
culverts etc. required for complete construction and starting of metro depot.
c. Traffic safety features including traffic control during construction.
d. Road signs and markings
e. Strengthening, relocation of affected utility services.
f. Construction of C.C./R.C.C. Retaining Walls /Reinforced earth structure
g. Reinstatement of existing roads damaged during construction.
h. Maintenance of existing road & storm water drains during construction period
i. Relocation /Shifting of storm water drains affected during construction
j. Environmental protection measures /compliance of the clearances/EMP
k. Allied ancillary Works
l. Preparing and submitting proposals, Conducting inspections, liaisoning and obtaining
various approvals required for completion of depot work and starting operation of
depot including Chief Metro Rail safety Commissioner ( CMRS) approval, RDSO,
Environmental & Pollution board approval, MCGM/BMC/ PWD/ MSETCL/Tata power/
Adani/ Tree authority etc.
m. Preparing, designing, and supervising track layout and its construction and its
approvals from RDSO, CMRS etc.
n. Preparing, designing, and supervising Essential Staff Quarters and its construction and
its approvals from MMRDA, MCGM, CFO, AAI-NOCAS etc..

The detailed scope of work is mentioned in Chapter I-C scope of work.

Defect Liabilty Period (DLP)


DLP will commence from date of completion of the project as per Completion Certificate
issued for the work by Engineer in Charge. DLP will be bifurcated in two parts
a. DLP for road work inflexible pavement 2 Years
b. DLP for Rigid pavement, Buildings, viaducts, structures, nalla/ SWD etc. 5 Years

1.7 The Consultants role:


MMRDA in its role as 'Employer" will engage the Consultancy firm to undertake
supervision and contract management of the proposed construction work including proof
checking of designs. The Senior Resident Engineer of the so selected consultant will be

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6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

working under the "Engineer in-charge of MMRDA" and submit day-to-day report to him.
The Engineer-in-charge will be overall in-charge of the Project for all decisions and
instructions.
1.8 Supervision team will be composed of suitably qualified and experienced staff. The
indicative qualifications and experience criteria are given in Annexure-I of the TOR. The
criteria indicated are given for the guidance of the consultants. The relevant professional
experience means the actual experience in the concerned area of expertise on similar
Metro projects. The quality of experience will be given due weightage during the
evaluation and award of contract.
1.9 The suggested qualifications and experience for sub-professional staff indicated in
Annexure-I shall determine the approval of these personnel. The Employer's approval in
respect of these personnel shall be required before deployment.
1.10 For all positions as mentioned Appendix C the deployment of appropriate personnel is
considered essential for the successful completion of the project. Consultants are therefore
advised to propose highly experienced and competent personnel for these positions.
1.11 Duties and responsibilities of GC and their representatives:
The duties of the GC and their representatives are described as under:
a. Proof checking of Design submitted for all elements (Ancillary & Main depot work)
b. Giving the layout of the work as per the approved drawings.
c. Assisting the Engineer-in-charge of MMRDA for executing the work as per the
provisions and specifications of the Bid documents. This would include timely
completion of the critical activities, quality control and Quality assurance.
d. Preparing the Daily, Weekly and Monthly reports and submitting them to the Engineer-
in-charge for appraisals and orders in the matter.
e. Taking all measurements and quantities etc, preparing running account bills as per the
directives of Engineer-in-charge for scrutiny, processing and payment of the bills to
the contractor.
f. Preparing final bill as per the directives of Engineer-in-charge including compliance of
technical and audit remarks if any.
g. Assisting Engineer-in-charge during the defects liability as per the terms of the
contract.

1.12 The duties of the GC shall be to carrying out proof checking of Structural design and
working drawings, issue of working drawings (Good for Construction) of each component
of work to the Contractor for execution, properly supervise the works and approve the
materials and workmanship for the works in co-operation and in consultation with
Engineer-in-charge. The GC shall administer all the construction works contracts and will
ensure that the contractual provisions, whether related to quality or quantities of the work
are duly implemented. The GC shall have no authority to relieve the contractors of any of
their duties or obligations under the construction contracts or to impose additional
obligations not included in the contracts. The duties of the Engineer will also include issue
of drawings, details as approved by Engineer-in-charge, MMRDA as specified in detail in
the construction contract documents and coordination of the individual supervision teams
to ensure that technical policies are correctly and consistently implemented on all the
construction contracts. The principal responsibilities of the GC will be, but will not be

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6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

limited to, the following:

1. To carry out generally all the duties of the GC as specified in the construction contract,
within any limitations specified therein.
2. To ensure that the detailed design and working drawings are issued to the contractor
in time.
3. To ensure that the construction works are in accordance with the technical
specifications. Environmental Management Plan and other stipulations of the
construction contract documents.
4. To check the feasibility of drawings prepared by contractor for depot buildings like
OCC, DCC, Essential Staff quarters. Also, to supervise the construction work in
consultation with Competent Authority till the completion of the work.
5. To ensure a system of quality assurance of work, approve materials and their sources,
review bituminous mix designs and concrete mix designs proposed by the contractors
and approve/suggest modifications to the contractor's proposed mix designs, laying
methods, sampling and testing procedures and quality control measures to ensure the
required standard and consistency in quality.
6. To check the laboratory and field tests carried out by the contractors and to develop a
mechanism in consultation with the employer to involve the Team Leader / Resident
Engineers in carrying out an adequate number of independent tests other than the
regular testing done by laboratory personnel;
7. To monitor and check the daily quality control and quantity measurements of the
works carried out under the contracts, keep all measurement records as per the
directions of the employer and submit interim payment proposals when the quality of
the works is satisfactory and the quantities are correct to the Engineer-in-charge,
MMRDA.
8. To direct the contractors to take all necessary steps including those mentioned in the
construction contract to protect the environment on and off the site which arise due to
construction operations.
9. To issue certificates for interim payments to the contractors and certify completion of
parts of the totality of the works where applicable. Details of interim progressive
payments are to be recorded in a measurement book before issue of interim
certificates.
10. Other responsibilities of the GC will be to carry out all such duties which are essential
for the effective implementation of the construction contracts including, but not
limited to, the following:
a. To prepare, in consultation with the employer a construction supervision manual
defining routines and procedures to be adopted in contract management,
construction supervision and administration of the contracts and a maintenance
manual for defects liability and beyond.
b. To assist/advise the employer in handing over the sites and in establishing
milestones (if any) for completion of contracts.
c. To prepare in consultation with the employer guidelines to be adopted by the
employer during the defect’s liability and maintenance manual for a further of 5
years.
d. To verify the list of items and quantities of all items in the BOQ and propose

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modifications to the same, if necessary, for the approval of the Employer.


e. To assist the employer in monitoring the progress of the works and in project
implementation through computer aided project management techniques and
Management Information Systems (MIS).
f. To write a daily project diary which shall record all events pertaining to the
administration of the contracts, requests from and orders given to the contractors,
and any other information which may at a later date be of assistance in resolving
queries which may arise concerning the execution of the works and shall be
submitted to Engineer-in-charge.
g. To prepare and submit daily, monthly and quarterly progress reports, together
with detailed quality control test statements in an approved format and to prepare
a detailed sectional/final completion report for each contract and complete team
final report for the project.
h. To prepare as necessary detailed recommendations to the employer for contract
variations and addenda to ensure the best possible technical results are achieved
with the available funds.
i. To assist the employer in taking over of completed works from the contractors, in
particular by preparing lists of defects to be corrected by the contractors.
j. To prepare specific engineering reports when requested by the Engineer which
shall include an analysis of the problems encountered and proposed solutions.
k. To assist the employer in providing clarifications/explanations to observations, if
any, made from time to time by the Auditor.
l. To prepare a training manual outlining the training procedures and to impart on
the job training to the employer's personnel associated with the project.
m. To prepare revised estimates etc., if required and accordingly advise P.I.U. in
modifying the cash flow estimate.
n. To assist the employer in co-ordination with other agencies and hold coordination
meetings to facilitate the proper and timely implementation of the project.
o. To carry out any other duties relevant to the project agreed during contract
negotiations.

1.13 Actions requiring specific approval of the Employer.


The Engineer will be required to obtain the specific approval of the Employer in respect of
the following:
1. Approving subletting of works
2. Granting claims to the agency
3. Ordering suspension of the work
4. Determining an extension of time.
5. Ordering waving off the penalty and arranging the repayment of compensation for
delay.
6. Issuing a variation order
7. Ordering any works/test beyond the scope of the contract
8. Determining rates for the extra items/extra work
9. Any variation in the contract conditions.

1.14 Duties and responsibilities of the Key persons:

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Detailed information on the major tasks and duties each member of the engineering design
team and the construction supervision team shall perform is provided as follows:

Sr. Position Major Tasks & Duties


No.
1. Team The Team Leader shall function as the Engineer’s Representative in
Leader administering the Contract. Team Leader shall manage and
(Depot coordinate the consulting team to ensure the Project is implemented
Expert) in accordance with the Contract including without being limiting to:
43.2.1.
uring Design stage
a. To develop project control systems.
b. To finalize of project organization chart.
c. To establish project communication and reporting system.
d. To prepare of Project Master Schedule with base line.
e. To prepare Design / Drawings deliverables schedule.
f. To Co-ordinate and follow-up with contractor’s design
consultants for their inputs
g. To set up, track, monitor a design deliverable schedule.
h. To monitor the progress of Checking and approval of the
Contractor’s design & issue of working drawings in
accordance with Contractors’ work programs.
i. To Review all surveys, field investigations, designs, drawings
and specifications, recommending any changes needed to
provide more cost-effective solutions, and approving the
design, drawings and changes in the specification;
j. To maintain Cost control during all stages of design and
design development

B. During construction stage


a. Monitoring, inspecting, and certifying the temporary and
permanent Works ensuring they are constructed in
accordance with the provisions of the Contract, including the
Contractor’s approved Quality Assurance Plan, Health and
Safety Plan, Environmental Management Plan and Method
Statements.
b. Ensuring that the construction methods as proposed by the
Contractor comply with the requirements of the approved
EMP, including implementation of the Environmental
Monitoring Plan;
c. Monitoring the Contractor’s laboratory testing and carrying
out Independent testing as required through quality control
Engineers
d. Coordinate the preparation, approval of the Project Security
Plan and implementation by the Contractor.
e. Measuring the Works agreeing and certifying interim and

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6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

Sr. Position Major Tasks & Duties


No.
final payment certificates for submission to the client.
f. Assess and, where appropriate, make recommendations on
applications of contractor for extension of time, claims for
additional payment and other contractual disputes issuing
site instructions, variation orders, provisional sum orders
and day works orders, as appropriate.

C. Monitoring physical and financial progress


a. Monitoring project development against agreed scheduling.
b. Review and agree with the Employer the Contractors’ work
programs and subsequently monitoring the construction
progress in accordance with Contract requirements.
c. Updating / revising project scheduling, developmental goals,
physical and financial achievements.
d. Assist Client in Forward physical and financial Planning.
e. Preparing & submitting Monthly Progress Reports &
Quarterly Progress Reports in a form agreed and submit
these within 10 days of the end of the month to which they
refer; These reports to cover physical progress, financial
progress, compliance with the environmental mitigation
requirements, results of the project performance monitoring
system, quality control, work progress, implementation
issues, and arbitration or litigation etc.
D. Post construction period
a. Advice about probable date of Substantial Completion
b. Preparing & addressing the schedule of defects i
c. Provide assistance in Testing and commissioning of the
facility
d. Collection and integration of various O and M manuals,
e. Reconciliation and Certification of Final bills of contractors,
g. Preparation of project close-out report including
maintenance manual.
h. Collate and verify all As-built drawings
i. Addressing any queries during defects liability period .
j. Co-ordination with the Contractors to rectify the defects
during the defects liability period,
E. Overall project
a. Monitoring traffic diversion plan by maintaining close liaison
with the Employer and other relevant agencies including the
police, other government and regional authorities and, local
stakeholders;
b. Identifying sub-surface, surface and overhead utility services
may be sewer, water mains, storm water drains, telephone
cables, electric lines, etc. essential and have to be maintained

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6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

Sr. Position Major Tasks & Duties


No.
in working order during different stages of construction by
temporary/permanent diversions or by supporting in
position. Since these affect construction and project
implementation time schedule/ costs for which necessary
planning/ action needs to be initiated in advance.
c. To Lead project meetings as necessary for review of progress
by conducting weekly meeting with contractor to identify
problems for monitoring project development goals against
stipulated goals in project indicator framework.
d. Attending all meeting with clients, drafting minutes of
meetings, and records of all other contractually relevant
matters
e. To feedback to client on the Master Budget of the project
f. Assisting client in dealing with RTI compliance, Audit, Public
relations (excluding media reports) and Compliant redress.
g. Preparing and submitting proposals, Conducting
inspections, liaisoning and obtaining various approvals
required for completion of depot work and starting
operation of depot including Chief Metro Rail safety
Commissioner ( CMRS) approval, RDSO, Environmental &
Pollution board approval, MCGM/ PWD/ MSETCL/Tata
power/ Adani/ Tree authority etc.
2. Chief The duties of the Chief Resident Engineer (CRE) are under the
Resident overall control to supervise construction of the work and to test or
Engineer order to test and examine any materials to be used or workmanship
employed in connection with the works. They shall have no
authority to relieve the contractor of any of their duties or
obligations under the contract or to order any works involving delay
or any extra payment, or to make any variation of quantities or rates
in the works. The Team Leader may from time to time delegate to
the resident engineer any of the duties and authorities vested in his
scope and he may at any time revoke such delegation. The principal
responsibilities of the resident engineer are likely to be as follows:
a. To assist Team Leader in administering the Contract &
performing all above tasks
b. To manage and coordinate the consulting team to ensure the
Project is implemented in accordance with the Contract in
consultation with the Team Leader.
c. Lead the construction supervision task teams. Ensure all
deliverables are prepared in accordance with quality and time
constraints.
d. Ensure full and detailed permanent site records, which will
include site correspondence, survey data, quality acceptance
data, site diaries, measurement and certification, minutes of

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Sr. Position Major Tasks & Duties


No.
meetings, and records of all other contractually relevant matters.
e. To Review and check the bill of quantities prepared by
contractor & scrutinized by Quantity surveyor.
f. Certify advance payments in accordance with the contracts when
necessary.
g. Certify interim and final payment certificates for submission to
the employer,
h. Supervision, recording all measurements, preparation of
running account bills & final bills and approval of all As Built
Drawings.
i. Ensure that all supervision team members undertake
comprehensive day-to-day field contract supervision, quality
assurance, measurements and administration services at the
site.
j. Provide the contractors with all necessary survey data and
reference for setting out the works.
k. Receive, assess and approve the contractors’ implementation
work plans and programs.
l. Ensure that the rehabilitation works are executed in accordance
with all the provisions of the contract, including those
concerning standards of workmanship, and other safety
provisions and protection of the environment.
m. Day to day correspondences including contractual issues.
3. Structur a. To study & Analyze Employer’s requirement for design.
al b. To Prepare the Design Brief in terms of function ability, cost,
Engineer time, quality and safety
c. To Check & verify designer’s submissions (design basis reports,
value engineering, cost benefit analysis, drawings etc)
d. To review and approve the Detailed Engineering Design,
including all drawings, specifications and supporting
calculations and documentation for the Project submitted by the
Contractor.
e. To Confirm with contractor that all design conditions including
design code, control points such as position of public utilities,
and cross sections in collaboration with Highway Engineer
f. To Conduct the full basic design, mainly span arrangement, type
of superstructure/substructure/foundation based on the
preliminary structural analysis before the detailed design
approval
g. Conduct the detailed design of the structures based on the
approved basic design
h. Checking the drawings prepared by the contractor & issuing
issue of working drawings in accordance with Contractors’ work
programs.

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6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

Sr. Position Major Tasks & Duties


No.
i. Review the method statement of construction submitted by the
contractor and provide comments or give no-objection.
j. Reviewed fabricator shop drawings for compliance with design
drawings.
k. Controls manufacturer's shop drawings and connection
calculation notes and details.
l. Supervises/Approves steel structure drawings issued by
designers .
m. Assigning and supervising the Welding Engineer and Steel
Inspector on a daily basis so that all contractor activities are
adequately covered.
n. Approval erection sequence methodology which depict the safe
erection of the steel structure.
4. Quality a. Overall monitoring the construction activities in respect of the
Control quality of the work.
Engineer b. Prepare QA/QC plan and Method Statement
c. Quality assurance and control to ensure conformance to
drawings and specifications.
d. Ensure that the construction materials conform to the quality
norms specified in the Codes / specifications in the bid
documents.
e. Ensure that field / laboratory tests regarding the quality control
are carried out as per the norms / procedures specified in codes
/ specifications in the bid documents.
f. Check the results of the field / laboratory tests regarding the
quality control and take remedial actions in case of any non-
conformity.
g. Prepare and submit the periodic Quality Control Reports to
MMRDA.
h. Conduct workshops for the site Engineers / labours to update
them about the Quality Assurance & Quality Control procedures
so as to ensure that the QA & QC norms are adhered to.
5. Contract a. Assist the MMRDA to design, administrate and monitor all
specialis procurement activities to ensure compliance with agreed
t procurement frameworks.
b. Evaluate the claims submitted by the contractor with support
from the engineers and provide a draft answers to Team Leader.
c. Support. to the Team Leader to issue the variation order to the
contractor and various certificates to the contractor.
d. Support MMRDA to deal with dispute discussion with the
contractor’s claim.
e. Day to day correspondences in connection to contractual issues
6. Safety a. To monitor comprehensive Health and safety program which
Engineer would help to avoid and reduce the accidents.

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6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

Sr. Position Major Tasks & Duties


No.
b. To establish the safety programmes, identification of safety
hazard which would be made by contractor prior to the
construction,
c. To carry out monthly safety audits on site during construction
and operation through safety Engineer.
d. Ensure that the contractors provide sufficient safety devices and
sign boards for own safety as well as safety of genera traffic and
pedestrians through the review of the method statement and
periodical site patrol.
e. Ensure that the contractors provide sufficient safety devices to
the construction Engineers, subordinate staff & labour working
on the site.
f. Ensure adherence to the safety norms prescribed in the relevant
codes / specifications in the bid documents.
7. GeoTech a. To decide program of site investigation.
nical/ b. To Check the output of the geotechnical survey and report done
Foundati by the contractor.
on c. To assist design engineer for review and assess bridge design for
Engineer detailed engineering including the geotechnical data to decide
the type of the foundation
8. Sr. a. Architectural planning, getting all required approvals,
Architect preparation of details estimate, preparation of bid documents,
helping MMRDA in e-tendering procedure & award of work.
b. Preparation of Building plan of the site based on the requirements
of MMRDA and as per development control rules and other
central/state/local authority bylaws.
c. Preparation of Conceptual Plan of various Buildings and Services
including its Walk through presentation and its approval by
MMRDA.
d. Obtaining approval/intimation from / to MMRDA / Concern
Authority for final master plan & building plans. The consultant in
any case shall prepare building plans strictly in accordance with
prevailing MMRDA / Concern Authority DCRs notwithstanding
necessity of prior approval of MMRDA / Concern Authority.
e. Preparation of Drawings and Detailed Estimate of all works/
packages for the project.
f. Approval/clearance/Intimation of the Building Plan and Services
by MCGM/Local Authorities before start of execution of works.
g. Detailed design, considering load data, Noise and Vibrations of
equipment, cost estimates and specifications to cover all civil
works associated with installation of all mechanical/ electrical
equipment, services and systems. Consultant will take into
account acoustic as per best practices in their design
a. Consultant shall prepare interior design considering aesthetic

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6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

Sr. Position Major Tasks & Duties


No.
style, functional requirements etc
9. Quantity a. Ensure full and detailed permanent site records, which will
surveyor include site correspondence, survey data, quality acceptance
data, site diaries, measurement and certification, minutes of
meetings, and records of all other contractually relevant matters.
b. Review and check the inspection sheets submitted by the
inspectors.
c. Review and check the interim payments and final payment
claims submitted by the contractor, particularly the bill of
quantities done by the contractor.
d. Provide or review the unit price for new work items when
necessary.
e. Support the Claim Specialist to evaluate the claims submitted by
the contractor.
10. Track a. Responsible for designing site basis traffic diversion plan as per
and standard Planning and managing both vehicles and pedestrian in
Alignme consultation with traffic department.
nt Expert b. Implementing all the necessary Traffic Management safety
measures on site.
11. Field a. Measure the day-to-day quantities at site and confirm with the
Engineer foreman or site supervisor of the contractor.
b. Keep and maintain full and detailed measurement records,
which will include quantity measurement data, site diaries and
other records.
c. Assist the engineer’s representative for managing quantity and
cost.
d. Undertake day-to-day field contract supervision, quality control
and measurements at the site.
e. Keep full and detailed permanent site records, which will data,
day work records, site diaries, measurement and other field
records.
f. Prepare data presented in regular monthly progress reports.
Provide measurement and inspection data required for interim
payments.
g. Provide the contractors with all necessary survey data and
reference for setting out the works.
12. Interface a. Monitoring and review of interface Management plan in respect
Manager of design, technical and programming matter.
b. Review of scope of works and scope of supply interfaces
between the contractors.
c. Review of material storage areas available for different
contractors.
d. Review of Interface Management plan.
e. Monitoring and review of interfacing coordination sheet and
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MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line
6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

Sr. Position Major Tasks & Duties


No.
interface specification .
13. Environ a. Follow up of Environment proposal to start the work.
mental b. Reviewing, Co-coordinating, Monitoring & Assisting of
Expert Environmental Management Plan during project
implementation period
c. ensure that the construction works are in accordance with
the technical specifications. Environmental Management
Plan

Scope and Nature of authorities delegated to GC.


1. Field surveys and preparation of topographical survey plans for route alignments and
assessments of land requirement for facilities like station areas, Electric substations
(TSS and RSS) Maintenance depot and construction Depots, casting yard, labour
camps, fire fighting facilities etc.
2. Identification of depots and preparation of its general layout plans, covering all
facilities.
3. Conceptual plans for the rolling stock maintenance depots, essential staff quarters.
4. GC shall be authorized to exercise following powers subject to the overall control and
directions of MMRDA.
a) Exercise the powers of 'Engineer' as stipulated in the contract documents for all
contracts.
b) To act on behalf of MMRDA in coordination & other matters with the city
authorities, Govt. Departments and Statutory bodies as decided in individual cases
by MMRDA.
c) Scrutiny and check of all designs and drawings of Structures and enabling works
submitted by the contractors, in respect of their adequacy to conform to the design
standards approved by MMRDA (after scrutiny and check, be put up for approval
of MMRDA).
d) Finalization of quality assurance manual, for all works, for MMRDA; scrutiny and
approval of quality assurance program submitted by individual contractors and to
formulate and implement an integrated quality assurance program for the project.
Clearances of all matters relating to interfacing between the different works after
a critical examination.
e) Exercise the powers of MMRDA for the certification of payments, to be made by
MMRDA, in case of all contracts (including consultancy contract with a Detailed
Design Consultant).
f) Supervision, 100% checking, recording all measurements, preparation of running
account bills & final bills and approval of all As Built Drawings.

1.15 Duties and responsibilities of the supporting technical staff


1.15.1. General Responsibilities: The supporting technical staff
1. Shall be responsible for provide valued Engineering services that will result in
economical and quality end product.
2. Shall be responsible for provide valued Engineering services that will result in

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6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

economical and quality end product.


3. Shall Study all designs and drawings, Contract Agreement, Specifications etc.
and ensure implementation at site including its proof checking.
4. Shall be responsible for establishing and preservation of intermediate TBM
with respect to GTS TBM in coordination with contractor.
5. Shall be responsible for setting out Geometrical vertical /horizontal curves
during execution with reference to data of total station.
6. Shall be responsible for proof checking of all designs of structures and issue of
working drawings for depot buildings within reasonable time frame, so that
there shall not be in achieving the mile stones as mentioned in the tender
documents of the work. He is also responsible for obtaining designs from the
design consultants appointed by the contractor.
7. Shall be responsible for Shifting or removal permanent / semi permanent
structures, trees, telephone lines, Electric line, transformers or any other
utilities identified during execution of work in co-ordination with respective
department /Utility holders to clear the work front.
8. Shall be responsible for changes or modification in the road crust design if
required as per site situation or constraint and issue of Cross section at every
10 M C/C along the length and 2 meter C/C across the width with due approval
of Engineer –In-charge
9. Shall be responsible for ascertaining the quality and quantity of all
construction material of the quarries as identified by the contractor during
execution of work and approval of the same
10. Shall be responsible for foundation passing, modification in design of nalla,
Slab culverts and CD works if any, as per available foundation strata,
assessment of safe bearing capacity of foundation strata, and issue of working
drawings.
11. Shall be responsible for work execution methodology including diversion of
road as well as diversion of traffic, stage wise construction as per final
Geometrical horizontal , vertical alignment and as per final pavement design.
The Consultant shall evaluate alternative construction methods to reduce the
construction and minimize disturbance to the existing traffic flow during
construction. Consultant should adopt methodology with prior approval of
Engineer –In-charge.
12. Will ensure deployment of requisite number of qualified and experienced
Engineers at site on full time basis to supervise the day to day works and also
shall be responsible for monitoring the progress of work as per approved
program, construction procedures, practices, to ensure quality in day to day
work as per drawing, specifications and standards.
13. Shall be responsible for approval to the Request for Information (RFI)
submitted by the contractor in the day to day working and maintaining the
record of RFI.
14. Shall be responsible for overall monitoring of the construction activities and
should be available at site everyday (including nights. if the contractor carries
out work in shifts to achieve the project completion schedule) for supervision
and coordination of site work with the MMRDA and Contractors.

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6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

15. Shall be responsible to maintain the execution at site as per the drawing.
16. Shall physically verify all dimensions of work on site and ensure that they are
as per drawings. Discrepancies shall be corrected immediately, modification
required if any shall done in consultation with bridge designer only.
17. Shall be responsible to maintain the records of day-to-day works
18. Shall be completely responsible for checking the all intermediate final levels of
crust provided, maintaining level book, insuring thickness of crust by taking
trial pits, steel reinforcement, centering, shuttering and scaffolding etc.
19. Shall be responsible to supervise the day to day works related to viaduct, ramp,
construction of depot building, earth work, GSB work , WMM work ,
Bituminous work ,PCC, RCC, and all other items as stipulated contract
documents of the contractor.
20. Shall be responsible to maintain the day-to-day material inventory for all
items, consumption of material for the work at site and shall ensured that the
material used in work is as per the theoretical requirement.
21. Shall preserve field books and measurement books supplied by MMRDA in safe
custody and shall return the same to MMRDA after completion of project or as
advised by Engineer in Charge.
22. Shall maintain cement register, steel register, daily labour register, asphalt
consumption register drawing register, hindrance register, register for
payment of advances and recoveries, register for reconciliation of materials to
facilitate recoveries, register for movement of field books / measurement
books, site instructions book, diary of work, Quality Assurance (QA) records,
etc. and any other register as advised and shall return all registers referred
above after completion of the project or as advised by MMRDA.
23. Shall ensure that all instructions to the contactors are issued in writing. Work
order book shall be maintained on the site in prescribed form approved by the
MMRDA. GC shall maintain the record of all such instructions for verification
at any time. It will be GC’s responsibility to regularize all verbal instructions
given by competent authority in unavoidable circumstances by obtaining
written confirmations / ratifications.
24. Shall advise MMRDA with regard to extra items/claims / disputes / arbitration
cases and excess- saving in tender items between MMRDA and the Contractors,
if any and assist MMRDA in case of any dispute till the cases are resolved either
by mutual negotiation or through arbitration or court, as the case may be.
25. Shall be responsible for proof checking of the all designs for the projects.
26. Shall prepare and submit proposals, Conduct inspections, liaison and obtain
various approvals required for completion of depot work & essential staff
quarters and starting operation of depot including Chief Metro Rail safety
Commissioner (CMRS) approval, RDSO, Environmental & Pollution board
approval, MCGM/ PWD/ MSETCL/Tata power/ Adani/ Tree authority etc.

1.15.2. Quality Control Responsibilities

1. Shall prepare quality assurance manual for contractor which including pre,
during, post execution check lists, test frequency chart with acceptance criteria

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6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

as per approved tender documents.


2. Submission of Detailed schedules and technical formats for inspection and
testing of materials, indicating the inspections/test procedures and applicable
acceptance limits at works/test in house and site for materials and equipment
well in advance and got approved from the employer. Monitor the quality of the
work and control the quality as per specification, relevant codes and as per
sound Engineering practices.
3. Shall maintain the registers for mandatory tests to be conducted for all
materials before incorporation in the work as per requirement of the Vigilance
and Quality Control cell of the MMRDA.
4. Shall Inspect and approve the materials at site as per specifications before they
are used in work.
5. Shall be responsible for obtaining good workmanship with respect to lines,
levels, finish, etc. Shall check all centerlines, dimensions, levels and plumb at all
stages of work with reference to working drawings and shall ensure correct
dimensions/thickness of all elements of the bridge works.
6. Shall ensure that work proceeds as per tender conditions and specifications. All
material brought to site shall be of approved quality and make, rejected
material is removed from site and work executed is of high standard, good
workmanship and of desired quality. GC shall also submit weekly reports of
inventory of materials. Any compromise of quality in materials or
workmanship shall be the responsibility of GC & liquidated damages as deemed
fit in lieu of this will be recovered from GC
7. GC will be required to submit reports concerning quality standard and progress
of the project in the form as prescribed by the MMRDA time to time.
8. If the work done by the contractor is found to not satisfactory, GC can instruct
the contractor to suspend the work till rectification of work.
9. Shall be responsible for ascertaining the quality and quantity of all construction
material of the quarries as identified by the contractor during execution of work
and approval of the same.
10. Shall be responsible for preparation and approval for Job mix formulas of
flexible pavement, rigid pavement, various grades of concrete for structures
11. Shall be responsible for full acquaintance with tender specifications, respective
IS /IRC codes, MORT& H, PWD red book etc and amendment if any and
implanting the same during execution of work
12. GC should exclusively provide supervisory staff at Hot Mix plant and RMC plant
of Contractor to ensure highest quality during execution of work.
13. GC shall insure that all in house laboratory tests and test must be carried out in
the presence of his representative including collection of the samples for
inhouse/outside laboratory.

1.15.3. Billing Responsibilities for Interim and final payment


1. The supervision consultant shall prepare and submit Engineerin-charge for
verification, passing and payment of interim and final payment to the
contractor. Interim payments shall be based on interim payment certificates
processed by the supervision consultant following payment applications

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submitted by the contractors. The measurement books shall be in a form


compatible with the output from the CADD system. Whenever measurements
are to be made, the supervision consultants' resident engineers shall inform the
contractors in advance. The employer's representative shall verify the
measurements at any stage and process for passing and payment.
2. The Resident Engineer of supervision consultant shall be 100 % responsible for
Checking of all the measurements recorded in the bill prepared by contractor
at site with respect to approved drawings/specifications and to certify the
accuracy of the same. If in case, it is necessary to take measurements at site and
record and finalize the bills, the GC shall also do so to make timely payment for
the works done.
3. The GC shall certify the accuracy of the bill within week from the date of receipt
of bill from
4. The GC shall take day to day measurements jointly & make record entry in
CADD format with contractor’s representative for all bridge /road components,
for bills / measurements, record them in measurement books (MBs) supplied
by MMRDA and obtain contractors Signature in token of acceptance & Prepare
Bills. Care shall be taken to take timely measurement of such items which may
get embedded or hidden and not susceptible for measurement at a later date,
which cannot be recorded in future shall be recorded before covering up the
same.
5. If contractor’s representative fails to attend the joint measurements as fixed in
writing or Contractor fails to countersign even after giving reasonable notice to
the contractor, GC should take measurements and prepare bills and submit for
payment.
6. RA Bills shall be submitted only after the verification of the work executed as
per stipulation in the specifications; drawings and Bill of Quantities prescribed
in the contract agreement are in order.
7. In the matter of approving such bills, the GC shall conform adherence to the
rules and instructions issued by the MMRDA, guarantee and correctness of all
such certificates and shall hold themselves responsible for the correctness of
all bills and certificates issued, scrutinized or checked by them, as to the quality
of the work concerned as well as the quantities of various items of works.
Before certifying any bill GC shall ensure that the work being certified is in
general in accordance with the designs.
8. GC shall check the quantities recorded for various items and keep watch on
variations in the tender items and the reasons thereof. GC shall account for all
variations in tender quantities with respect to execution drawings and submit
a report. GC shall assess impact of excessive quantities on the cost of the project
and wherever felt necessary by the MMRDA, prepare a Running Summary of
Cost for approval of MMRDA. GC shall obtain approval from MMRDA, if the
quantities put to tender are likely to exceed as per clause 38 before giving green
signal to contractor to go ahead with the work
9. Shall prepare “Running Summary of Cost” for the project once in six months or
as desired by the MMRDA and ensure that there will be no cost overrun. GC shall
help MMRDA in preparing a note of revised sanction for the project if required

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during execution of the project.


10. GC shall ensure that following are not recommended for payment in interim
bills / final bills. i. Extra items / deviated / variation items not approved by
MMRDA. ii. Payments towards variation iii. Payments beyond financial sanction
and iv. Payment for the work done in extended without sanction for the
extension of time limit by the competent authority.
11. Prepare necessary snag list after virtual completion of work.
12. On completion of work, the GC shall have the responsibility to finalize the final
bills for the work as per actual execution.
13. The GC should settle the Final Bill along with as build drawings within three
months after completion of Project.
14. GC shall ensure that contractors have taken requisite “All Risk Insurance
Policies” to cover workman under Workman Compensation Act, loss /damage
caused by natural calamities / accident / accidental collapse of partially
completed work, materials and plant at site and for third party claims for injury
/ damages. GC shall ensure that all such policies remain in force throughout the
execution of project and insurance policies shall also cover the maintenance of
the work as per tender conditions.
15. Consultant is solely responsible for quantities of works proposed in the bill and
quality of the work as specified in the tender document. Consultant should
submit certification this regard along with bills.

1.15.4. Extra works /Extra Items


1. Shall suggest modification, if any, due to site conditions and advice with
reasonable justification of cost variations on account of resultant extra items
and excess supported with proper analysis.
2. Shall suggest modification, if any, due to site conditions and advice with
reasonable justification of cost variations on account of resultant extra items
and excess supported with proper analysis.
3. shall ensure that extra/variation items are not executed unless approved by
MMRDA and rates are finalized. A register for extra/substituted items shall be
maintained by GC.

1.15.5. Progress of the Project.


1. Shall be responsible for monitoring the progress as per mile stones prescribed
in the tender documents.
2. Shall be responsible for monitoring the physical as well as financial progress of
work with help of MIS, BAR chart, S curve, CPM/PERT or any modern technique
as suggested by the MMRDA and monthly submission of the same on the last
date of calendar month 7th day of next calendar month to MMRDA failing
which consultant shall be liable for penalty of ₹1000/- per event per week.
3. Shall be responsible for maintaining documentary evidence for delay in
achieving mile stones prescribed in the tender.
4. Shall be responsible for completion of project as per scheduled time stipulated
in agreement with the contractors.
5. Shall submit physical and financial progress reports once in every month or as

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MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line
6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

desired by MMRDA in standard pro forma approved by MMRDA.


6. Shall anticipate time over runs which are beyond the control of the contractor,
well before completion date and submit the proposal for extensions of time
limit well in advance. In support of the proposal GC shall maintain day to day
record of front made available to the contractor achievement made in the
available front. Similarly he should maintain a record of work held, its duration
and reasons thereof. GC shall submit contractor’s request for extension of time
along with his recommendations well within time. Bill for work done in
extended time, yet to be sanctioned, shall not be recommended.
7. Shall responsible to forecast issues ahead in time that would delay the project
and caution for appropriate action. GC shall also bring to the notice of the
MMRDA any slippage in the progress of work as per schedule and any likely
slippage due to constraints like short supply of construction materials, labour
problems and non availability of drawings, etc.
8. Shall responsible to provide valued Engineering service that will result in
economical and Quality end product in the shortest durations.

1.15.6. Safety Arrangement


1. Shall ensure safety of the traffic, structure, by taking all necessary precautions
and shall avoid such other factors which will endanger the safety of structure
during/after construction.
2. shall ensure that safety of personnel working at site/inspecting the site by
taking precautions by putting sufficient barricades, night lamps near trenches,
pits, and such other places and to insist on compliance of safety code such as
use of helmets, gum boots etc. on work site.

1.15.7 Labour Laws


Shall ensure that contractors have complied with registration under Contract
Labour (Regulation and Abolition) Act, 1970 and Central Rules, 1971 & abide by
laws pertaining to labour including payment as per Minimum Wages Act and any
other Act or enactment relating thereto & rules framed there under from time to
time. The GC shall ensure compliance by the contractors of all labour laws &
relevant Statutory Acts including Labour License, Minimum Wages Act, etc.

1.15.8 Environmental Issues


1. Shall ensure that, contractor has submitted Environmental Management Plan.
2. Shall ensure that, contractor has taken all reasonable steps to protect the
environment on and off the Site and to avoid damage or nuisance to persons or
to property of the public or others resulting from pollution, noise or other
causes arising as a consequence of his methods of operation
3. Shall ensure that contractor has followed all guidelines given in Environmental
Management Plan (appended in Technical Specifications) prepared for this
project specifically shall be followed during construction.
4. The GC shall ensure that any other Environmental related clearance /
permission is required for the project, the same shall be obtained by the
Contractor. The GC shall point out such cases to the Employer and assist the

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Employer & Contractor to obtain the relevant clearance / permission.

1.15.9 Site Co-ordination


1. Shall keep a track of permissions required from local authorities and get
revalidated whenever necessary.
2. Shall attend site meetings / meetings in MMRDA and discuss site conditions,
bottlenecks faced likely hindrances, time over runs, cost overruns and any
other important matter along with solutions of the same.
3. To co-ordinate between the MMRDA and Contractors in all matters relating to
work.
4. To arrange issue of preliminary completion report, defects liability completion
report, final work completion report
5. Any other construction management task not specifically mentioned but
relevant to the realization of the project.
6. Shall be responsible for co-ordination with all agencies working at site, liaison
with local authorities /Government agencies/ other allied departments
including utility providers for proper permissions to clear the work front in
time.
7. Shall co-ordinate with the utilizes providers to shift, if it is obstructing work site
8. Shall prepare detailed proposal of utilizes in the prescribed from as specified
by concern the Dept for shifting and submit, pursue, attend all joint inspections
if asked by the concern utility provider.

1.15.10 Defects Liability


1. Shall prepare maintenance manual for Defects Liability
2. Shall carry out joint inspections of the work at regular intervals (monthly) by
the Resident Engineer along with the Contractor's representatives
3. If contractor’s fails to attend the Joint inspections as fixed in writing, Resident
Engineer shall carry out visit independently every monthly to observe the
defects and submit reports to employer with a copy to contractor. If Contractor
fails to countersign the defects noticed even after giving reasonable notice to
the contractor, GC should initiate suitable action as per Contract.
4. After the inspections the consultants shall submit a report (in 5 copies)
detailing the defects noticed and the remedial measures to be taken by the
Contractor. The consultants shall suggest and supervise the remedial measures,
if any, require to be carried out by the contractors during defects liability and
submit final rectification report to the MMRDA.

1.15.11 Traffic Diversion


The consultant Shall prepare the traffic diversion plan & presentation considering
the traffic pattern in the near vicinity of the project area in consultation with the
Traffic Police and local authority and submit the same to MMRDA for taking
approval from the Traffic Police.

1.15.12 Utilities:
The Consultant shall prepare plans, which show the location of existing

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underground and above ground public utilities in discussion with Contractor.


These plans shall show the works proposed for diversion or replacement under the
contract. To obtain data and to prepare the plans for diversion of existing utilities
or new works, the Consultants shall consult with utility owners / stake holders and
other agencies in the affected area, consult records and visually survey the site. It
is expected that not all utility lines may be well recorded and hence to ensure that
the work proceeds smoothly. The Consultant shall prepare a detailed report
identifying and covering various utilities, which are likely to be installed in the near
future so as to enable MMRDA to prepare a co-coordinated plan for simultaneous
implementation with the road construction wherever possible.

1.15.13 Tree Cutting:


The consultant shall identify the trees within the proposed Right of Way (ROW)
which are required to be cut/ transplanted during the construction of the project
and number the same. The consultant shall identify such trees by type, height, girth
etc. and its distance from the centre line of the proposed road (or centre line of the
existing road) and prepare a tree/Mangroves cutting proposal for submission to
Tree Authority of local competent authority/MCGM/Forest Department/collector
etc. The consultant shall obtain approval for the proposal after necessary
compliance to the remarks made by Tree/forest Authority. Deposit for the
trees/mangroves to be cut shall be the responsibility of concerned Project
Implementing Agency. Requirement of compensatory plantation in lieu of the trees
to be cut shall be prepared at the initial stage following the norms and practices of
MCGM Tree Authority or other agencies.
1.15.14 The consultant shall perform construction supervision, Project Management,
Contract Management, Quality Control and Assurance, interface management
during the implementation of the project & allied works.
1.15.15 The consultant shall prepare and submit proposals, Conduct inspections, liaison
and obtain various approvals required for completion of depot work and starting
operation of depot including Chief Metro Rail safety Commissioner (CMRS)
approval, RDSO, Environmental & Pollution board approval, MCGM/ PWD/
MSETCL/Tata power/ Adani/ Tree authority etc.

1.15.16 Implementation Schedule:


The Consultant shall prepare a works schedule for implementation of the project
such that key dates as per contract documents and thus assist supervision of the
contractor to achieve the mile stones mentioned in tender. Although final
arrangements will be the responsibility of the contractor, the Consultant should
prepare an initial temporary traffic diversion plan, optimum utilization of
manpower and machinery in conjunction with the implementation schedule, such
that the contractor may include for such works in the overall contract cost estimate.
1.15.17 The consultant shall be responsible for preparing variation orders consequent to
any design changes. The construction supervision consultant will be responsible
for minor design changes, subject to the employer’s prior approval where so
required.

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1.15.18 Interim and Final Payments:


The supervision consultant shall prepare and submit Engineer in-charge for
verification, passing and payment of interim and final payment to the contractor.
Interim payments shall be based on interim payment certificates processed by the
supervision consultant following payment applications submitted by the
contractors. The measurement books shall be in a form compatible with the output
from the CADD system. Whenever measurements are to be made, the supervision
consultants' resident engineers shall inform the contractors in advance. The
employer's representative shall verify the measurements at any stage and process
for passing and payment.

1.15.19 Possible Additional Services:

The consultant may be required to carry out the following additional services as
and when so requested by the Employer and on terms to be negotiated. The events
are:
a. preparation of reports or additional contract documents for consideration of
proposals for the carrying out of additional work;
b. any other specialist services by the Engineer or by other specialists as may be
agreed upon.
c. Fees towards the additional works/services carried out by the consultants shall
be paid after mutual discussions and agreement.

1.15.20 Delay in implementation of the project after completion of Detailed


Engineering :
In case the construction period of project is likely to get delayed, the following
course of action is likely depending upon the probable extent of delay.
1. Delay of 6 months to 1 year:
The consultants can redeploy their supervision personnel earmarked for the
project. Upon commencement of the supervision period, the consultants will be
allowed to substitute their key personnel, if needed, provided that the alternate
personnel possess equal or better qualifications and experience than the key
personnel originally proposed as per TOR. ii)
2. Abnormal Delay (exceeding 1 year) :
The contract between MMRDA and Consultant may be foreclosed. MMRDA will
make fee payable against the activities completed. The additional payments
towards the extended s or the delayed s shall be as per the Appendix - D of the
contract agreement.

1.15.21 Services during Defect Liability :


The services to be provided by the consultants during the defects liability shall
include the following:
During the first year after completion:
If contractor’s fails to attend the Joint inspections as fixed in writing, Resident
Engineer shall carry out visit independently every fortnight to observe the defects
and submit reports to employer with a copy to contractor. If Contractor fails to

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countersign the defects noticed even after giving reasonable notice to the
contractor, GC should initiate suitable action as per Contract.
After the inspections the consultants shall submit a report (in 6 copies) detailing
the defects noticed and the remedial measures to be taken by the Contractor. The
consultants shall suggest and supervise the remedial measures, if any, require to be
carried out by the contractors during defects liability and submit final rectification
report to the MMRDA. After the inspections the consultants shall submit a report
(in 6 copies) detailing the defects noticed and the remedial measures to be taken
by the Contractor. The consultants shall suggest and supervise the remedial
measures, if any, require to be carried out by the contractors during defects liability
and submit final rectification report to the MMRDA.

1.15.22 Reporting requirements for Period:


The consultants shall prepare and submit the reports, as specified in Appendix B
1.15.23 Consultants Inputs required:
The consultants are required to make their own assessments of the manpower
requirements in terms of man months for the different categories of personnel
proposed to be deployed for the supervision works as envisaged in this TOR. The
consultants shall address this aspect in their proposed methodology to be
submitted to the Employer. Consultants are required to furnish CVs for the
following key professional staff. CV's of field support staff are not required to be
submitted, but the numbers and man months for such staff shall be included in the
Technical Proposal and the costs in respect of these personnel are to be included in
the Financial Proposal. The positions of field support staff will be evaluated only for
the purpose of responsiveness and no points will be awarded for these positions.
1.16 Key Professional Staff for Supervision Period
1) K-1 Team Leader
2) Chief Resident Engineer
3) Track & Alignment Expert
4) Sr.Architect
5) Structural Engineer
6) Quality Control Engineer
7) K-2 Contract specialist
8) Safety Engineer
9) Geotechnical/ Foundation
Engineer
10) Environmental Expert
11) Interface Manager
1.17 Field Support Staff for Supervision period
1) Quantity surveyor
K4
2) Structural Engineer
3) Jr. Quantity surveyor
4) CAD Operator
K5
5) Jr. Quality Control Engineer
6) Surveyor
7) K5 Field Engineer /Site Engineer
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completion of the project. All data collected during the project, equipment (including
computers) specifically purchased for the project by the consultant along with the user
manuals, will become the property of the employer.
1.29 Technical Advisory Committee:
The Employer may establish a Technical Advisory Committee (TAC) to guide the project.

to the team on technical matters. It is expected that the TAC will meet every month.
Consultant will submit all reports for review for suggestions by TAC.
1.30 Qualification and experience requirement for key professional Staff
Position Minimum Minimum Specific Experience of Similar
Qualification & upper Overall Nature
age limit Experienc
e
Key Professionals
Team Leader Masters in Civil 25 years 1. Out of 25
(Depot Engineering Upper 5
Expert) age limit 65 years (TL).
2. Experience in planning & execution/
supervision of at least One
completed Metro Depot/ Multistory
Building.
Chief Graduation in Civil 20 years 1. Out of 25 20
Resident Engineering Upper
Engineer age limit 65 years Resident Engineer or equivalent
2. Experience in planning & execution/
(1 for Depot
supervision of at least One completed
and 1 for Metro Depot or 10km of elevated
Staff quarter) Metro Line/ Multistory Building.
Track & Graduation in Civil 20 years 1.
Alignment Engineering Upper experience as a track/alignment
Expert age limit 65 years design.
2.Having experience in track and
alignment design for Metro project
with a Depot of minimum 13 stabling
lines.
Sr.Architect Graduation in 20 years 1.
Architecture. experience in architectural work for
Upper age limit 65 Metro projects.
years 2.Having experience in architectural
design and planning for Metro project
with a depot and staff quarters of
minimum 13 stabling line.
Structural Graduation in Civil 20 years 1.
Engineer Engineering with post experience as a Structural design
graduate degree in Engineer.
Structural 2. Having completed at least 2 projects
Engineering Upper

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Engineering Upper with experience in designing/ Proof


age limit 65 years checking of Elevated/underground
metro/metro depot/ Major Bridge/
infrastructural buildings in urban
area.
Quality Graduation in Civil 20 year 1. Out of 20 year experience, minimum
Control Engineering Upper 10 years’ experience as a Quality
/Quality age limit 65 years Control /Quality Assurance Engineer
Assurance with Elevated/underground metro /
Engineer metro depot/ Multistory Building.
Contract Graduation in Civil 20 year 1. Out of 20-year experience minimum
Expert Engineering Upper 10 years’ experience as Contract
age limit 65 years Engineer / Contract Specialist of
project.
2. Experience of Elevated/underground
metro / metro depot.
Safety Graduation in Civil 20 Year Minimum 10-year experience in
Engineer Engineering OR Elevated/underground metro/ metro
Diploma in Civil/ depot/ Multistory Building.
Safety Upper age limit
58 years
Geotechnical/ Graduation in Civil 20 Year 1. Minimum 10 years in Elevated
Foundation Engineering with post metro/ 2 lane flyover in urban area
Engineer graduate degree in as geo-technical engineer
Geotechnical 2. Experience in planning & execution/
Engineering Upper supervision of one completed
age limit 58 years Elevated/underground metro/
metro depot/ Multistory Building.
Interface Graduation in Civil 20 Year Minimum 10-year experience in
Manger Engineering/Mechani Elevated/underground metro/ metro
cal Engineering depot.
Upper age limit 65
years
Environmenta Graduate in 20 Year Minimum 10-year experience in
l Expert Concerned discipline Elevated/underground metro/ metro
Upper age limit 58 depot.
years
Supporting Staff
Quantity Graduation in Civil 10 Year Minimum 10 years of experience in
surveyor Engineering Upper Quantity survey and should have
age limit 58 years worked on Elevated/underground
metro/ metro depot/ Multistory
Building.
Planning B.E. Civil, M. Tech / 10 Year Minimum 5 years’ experience in
engineer ME in Transportation planning, of Elevated/underground
/ Traffic Engineering metro/ metro depot.
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Upper age limit 58


years
Jr. quantity BE Civil Upper age 5 Year Min 2 years’ experience as a Jr quantity
Surveyor limit 50 years Surveyor on Elevated/underground
metro/ metro depot/ Multistory
Building.
CAD Operator BE Civil /DCE Upper 5 Year Min 2 years’ experience as a CAD
age limit 50 years Operator on Elevated/underground
metro/ metro depot/ Multistory
Building.
Jr. Quality BE Civil Upper age 5 Year Min 2 years’ experience as a Jr Quality
control limit 50 years control Engineer
Engineer Elevated/underground metro/ metro
depot/ Multistory Building.
Surveyor BE Civil /DCE Upper 10 Year Min 2 years’ experience as Surveyor in
age limit 50 years Elevated/underground metro/ metro
depot/flyover / bridge project in urban
area/ Multistory Building.
Lab technician BE Civil /DCE Upper 2.5 Year Min 2 years’ experience as Lab
age limit 45 years technician on Elevated/underground
metro/ metro depot/flyover / bridge
project in urban area.
Field BE Civil Upper age 2.5 Year Min 2 years’ experience as Field
Engineer-Site limit 45 years Engineer-Site on
Engineer Elevated/underground metro/ metro
depot/flyover / bridge/ Multistory
Building project in urban area.
Field BE Civil /DCE Upper 5 Year Min 2 years’ experience as Field
Engineer- age limit 45 years Engineer-Safety on
Safety Elevated/underground metro/ metro
depot/flyover / bridge/ Multistory
Building project in urban area.
Utility BE Civil Upper age 2.5 years Min 2 year experience as Utility
Engineer limit 45 years Engineer on flyover / bridge/Metro
project in urban area.
Track BE Civil Upper age 10 Year Min 2 years’ experience as a Jr Quality
Engineer limit 50 years control Engineer
Elevated/underground metro/ metro
depot.
Architect Graduation in 10 Year Min 2 years’ experience as a Jr Quality
Architecture control Engineer
Upper age limit 50 Elevated/underground metro/ metro
years depot.
Documentatio Graduate in any 2.5 years Min 2 year experience of
n Expert Discipline Documentation Expert on any Civil
Engineering project in urban area.
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contractual difficulties, Such reports shall summaries (i) the activities of the Engineer
(ii) the progress of the contracts, (iii) all contract variations, (iv) the status of
contractor’s claims, if any, (v) details and brief descriptions of any technical and
contractual problem, being encountered, (vi) details of the contracts as a whole
comprising costs incurred, forecast cost and the financial plan (by Bank and MMRDA),
(vii) any other relevant information for each of the ongoing contracts. The reports shall
also be submitted in electronic format in addition to the 6 nos. hard copies.

4. Engineering Reports:
The Engineer shall prepare specific report, required in the event of particular or
unforeseen circumstances. Such reports shall be prepared on an ‘ad-hoc’ basis as
requested by the Engineer and shall include on analysis of the engineering matter in
question and shall propose possible solutions thereto.

5. Section/Substantial Completion Reports and Project Final Report.


The Engineer shall prepare a comprehensive sectional/substantial completion report
for each of the construction contracts, which reaches sectional/ substantial completion
of the works by the contractors and before taking over by the client. The reports shall
summaries the method of construction the construction supervision performed,
problems encountered, solutions undertaken, and recommendations for future projects
of a similar nature. The Engineer shall summaries and consolidates in a single Team Final
Report the key information from the individual sectional/substantial completion
reports.

6. As built drawings:
The consultant shall check the ‘As built’ drawings submitted by the contractor and
approve the same. A CD containing approved, as built, drawings shall be submitted to
MMRDA for records.

7. The consultant shall prepare and submit proposals, conduct inspections, liaison and
obtain approvals required for completion of depot work and starting operation of depot
including Chief Metro Rail safety Commissioner ( CMRS) approval, RDSO, Environmental
& Pollution board approval, MCGM/BMC/ PWD/ MSETCL/Tata power/ Adani/ Tree
authority etc

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Appendix –C
Refer Clause: 4.1 of (GCC)
Table-1
MINIMUM MANPOWER FOR PROOF CHECKING AND DURING CONSTRUCTION PERIOD
No. of Man
No of Months per
Sr. No. Position Key Personnel
persons person per
month
Minimum Key professional staff
1. K1 Team Leader (Depot Expert) 1 1
2. K2 Chief Resident Engineer 2 1
3. K2 Track & Alignment Expert 1 1
4. K2 Sr.Architect 1 1
5. K2 Structural Engineer 1 1
6. K2 Quality Control Engineer 1 1
7. K2 Contract specialist 1 1
8. K2 Safety Engineer 1 1
K2 Geotechnical/Foundation
9. 1 1
Engineer
10. K2 Environmental Expert 1 1
11. K2 Interface Manager 1 1
Support staff
1. K4 Quantity surveyor 1 1
2. K4 Structural Engineer 2 1
3. K5 Jr. Quantity surveyor 2 1
4. K5 CAD operator 1 1
5. K5 Jr. Quality Control Engineer 2 1
6. K5 Surveyor 1 1
7. K6 Lab technician 1 1
K5 Field Engineer /Site Engineer 4 1
8. K5 Field Engineer /Safety Engineer 2 1
K5 Field Engineer /Quality Engineer 1 1
9. K5 Utility Engineer 1 1
10. K5 Track Engineer 1 1
11. K5 Architect 2 1
12. K6 Documentation expert 1 1

Sr. No of No. of Man


Key Personnel
No. persons Days
1 Field Engineer /Site Engineer 4 12

Notes:
1. The various personnel listed above shall be mobilized by consultant in accordance with
construction program accepted by MMRDA. The deployment schedule of each key person
shall be as approved by the Employer.
2. Key personnel shall be mobilized for duration necessary for their adequate input towards
completion of the tasks assigned to them
3. GC will be penalized, if qualified Engineer is found not be performing / not present at site
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/office. A Penalty of Rs. 5000/- per day per person will be recovered from consultant’s bill.
4. The deployment of all positions to be mobilized shall be on the basis of the approved
deployment schedule to suite the actual requirement as per the approved construction
program of the project.
5. The consultant may propose and deploy additional manpower/staff necessary for timely
execution during the construction period of project with no extra cost to the employer.

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APPENDIX - 'D'
Fees and payment schedule

1. Fee:
The consultants shall be eligible to receive the fees as agreed/ negotiated by the employer
and communicated in Work Order / Letter of Intent by competent authority of MMRDA.

2. The Consultants quotation:


The Consultants shall provide the services as per the contract at the rates agreed by the
employer.

3. Final Fee payable to the consultants:


The Fee payable to the Consultant shall be the lump-sum fee (which deemed to have included
all applicable taxes excluding GST) as quoted/ agreed/ negotiated. The fees as above deemed
to include any change in scope of the Contractor, if any, during the construction and no
additional fees will be payable to the GC towards variations / extra items etc. executed by the
Contractor.

4. Break-up of the fees payable for the different periods:


The fees payable during the Contract to be bifurcated into 2 parts (70% for manpower
deployment and 30% for progress related milestone component).

30% payment towards achievement of milestone shall be distributed as detailed below:

Sl No. Progress Milestone % fees payable against Milestone


Proof Checking of detailed design submitted
1 by the Contractor for execution of depot and 10%
staff quarters work
Supervision in Construction Period i.e.
2 technical supervision, monitoring quality
assurance and other allied services.
Completion of Earthwork excavation at
a 10%
stabling lines, test track and roads etc.

Completion of Earth backfilling of at


b 10%
stabling line, test track and roads etc.
Completion of Foundation works of all
structure work i.e. Buildings OCC & DCC,
Electrical Substation, Main store, Canteen
Building, Electrical Substation, Time &
a Security Office Auto Coach Washing Plant, 10%
Rail Grinding Machine Shed, Heavy Interior
cleaning shed, Emergency and Tower wagon
shed, Workshop, Scrapyard, Pit wheel lathe,
Stabling Yard, essential staff quarters etc.

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Completion of superstructure works


including all structure work of Buildings
OCC & DCC, Electrical Substation, Main store,
Canteen Building, Electrical Substation,
Time & Security Office Auto Coach Washing
c 10%
Plant, Rail Grinding Machine Shed, Heavy
Interior cleaning shed, Emergency and
Tower wagon shed, Workshop, Scrapyard,
Pit wheel lathe, Stabling Yard, essential staff
quarters etc.
Completion of Architectural Finishing
works, Road works, landscaping, fencing,
d 10%
utility & plumbing works, Design and built
ETP , essential staff quarters etc.
Completion of PEB works Auto Coach
Washing Plant, Rail Grinding Machine Shed,
e Heavy Interior cleaning shed, Emergency 10%
and Tower wagon shed, Workshop,
Scrapyard, Pit wheel lathe, Stabling Yard etc,
Completion of Boundary wall and 50% of
b 10%
staff quarter structure.

e Completion of approach viaduct 5%

f Completion of ramp inside depot 5%

g Commissioning of the Project 5%

h Completion of Defect Liability Period (DLP) 5%

These percentages may be further distributed after approval of the Engineer. A proposal for
the same shall be submitted by the consultant. The decision of the Engineer, in this regard,
shall be final and binding.

3.2. Fees against manpower deployment and fees against progress of works.

The Consultant need to quote a Lumpsum fee against the Renumeration as per
Appendix V (Envelop-B). The Consultant is also required to quote the Rates of each
Key Personnel and Support staff as provided in Appendix V. The Fees for the Monthly
billing shall be released @ 70% on actual deployment of staff and balance 30% shall
be released as per the Milestones progress achieved during the course of the project.

3.2.1. At the time of signing the agreement, key staff to be deployed should be mentioned
in the Agreement and if any short fall occurs in it, the fee should be deducted
proportionately. A condition to this effect is clearly included in the document. For
extended period, the fees towards supervision (Manpower deployment and

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progress) may be paid by working out proportionately limiting to the monthly fees
being paid in the original contract if staff is deployed as per TOR.
If the progress of work is very slow due to unforeseen reasons during the operation
period of contract i.e. during original & extended period, employer may direct for
reduction of staff in manpower deployment in proportion to work front available &
fees towards the manpower deployment will be reduced in proportion to reduced
manpower deployment. No claims in this regard will be entertained for reduction
in manpower deployment, proportionate fees will be deducted as per weightage
basis of salary.

If the 70% amount towards the manpower deployment is reduced / increased, the
payment of 30 % towards achievement of milestone shall be adjusted accordingly.

4. Payments if Project is delayed:


The payments for the extended period will be made based on actual man months provided by
the Consultants, with prior approval of the employer. The additional payments will be worked
out in proportion to deployment of the actual man months, certified by the "Employer"

Note: No other additional fees/ payment shall be made by the employer, the offer so quoted by
the bidder shall be inclusive of all other charges & expenses required for completion of the subject
assignment.

5. Consultants reports of Manpower deployment:


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

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APPENDIX – ‘E’
Service and Facilities Provided by the Employer
Not applicable

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APPENDIX – ‘F’
Deleted

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APPENDIX – ‘G’
Tender Notice with Addendum, Corrigendum’s / modifications / corrections , CSD as per pre bid
meeting , Letter of intent, Letter of acceptance, Work order Letter of power of attorney
Consultants Offer Letter of Power of Attorney etc.

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APPENDIX – I to ITB: Sample Format for Power of Attorney


Instructions to Bidders
Appendix – I [As per clause 26.4 of ITB]
Format for Power of Attorney for Tenderer

(To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to place of
execution. Foreign companies submitting Tenders are required to follow the applicable law in their
country)

Power of Attorney to be provided by the Tenderer in favour of its representative as evidence of


authorized signatory's authority.
Know all men by these presents, We (name and address of
the registered office of the Bidding Company) do hereby constitute, appoint and authorize Mr./Ms
(name and residential address) who is presently
employed with us and holding the position of , as our Attorney to do
in our name and our behalf all or any of the acts, deeds or things necessary or incidental to
submission of our Tender for "Name of Work/Service" for Mumbai Metropolitan Region
Development Authority (MMRDA) in response to the Tender Document dated
issued by Mumbai Metropolitan Region Development Authority (MMRDA), (the Company)
including signing and submission of the Tender and all other documents related to the Tender,
including but not limited to undertakings, letters, certificates, acceptances, clarifications,
guarantees or any other document which the Company may require us to submit and also signing
and executing the Contract Documents. The aforesaid Attorney is further authorized for making
representations to the Company or any other authority, and providing information I responses to
the Company, representing us in all matters before the Company, and generally dealing with the
Company in all matters in connection with our Tender till the completion of the tendering process
as per the terms of the Tender Documents and further till the Contract is entered into with the
Company and thereafter till the expiry of the Contract.
We hereby agree to ratify all acts, deeds and things done by our said attorney pursuant to this
Power of Attorney and that all acts, deeds and things done by our aforesaid attorney shall be
binding on us and shall always be deemed to have been done by us.

All the terms used herein but not defined shall have the meaning ascribed to such terms under
the Tender Documents.
Signed by the within named
[Insert the name of the executant company]
through the hand of
Mr.
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MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line 6 (Swami
Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

duly authorized by the Board to issue such Power of Attorney


Dated this day of
Accepted
Signature of Attorney
(Name, designation and address of the Attorney)
Attested

(Signature of the executant)


(Name, designation and address of the executant)

Signature and stamp of Notary of the place of execution


Common seal of has been affixed in my/our presence pursuant to Board of
Director's Resolution dated
WITNESS
1.
(Signature)
Name
Designation
2.
(Signature)
Name
Designation

Notes:
1. The mode of execution of the power of attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executant(s) and the same should be under common seal of the executant affixed in
accordance with the applicable procedure. Further, the person whose signatures are to be
provided on the power of attorney shall be duly authorized by the executant(s) in this
regard.
2. In the event, power of attorney has been executed outside India, the same needs to be
notarized by a notary in the home country of company executing this power of attorney
and legalized by the Indian Embassy there. However, in case such company is from a
country which has signed The Hague Legislation Convention 1961, then the said power
MMRDA/MPIU/ML6/CA-208 Page 107B
MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line 6 (Swami
Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

of attorney is not required to be legalized by the Indian Embassy if it carries a conforming


Apostille certificate.
3. Also, wherever required, the executant(s) should submit for verification the extract of the
charter documents and documents such as a board resolution / power of attorney, in
favour of the person executing this power of attorney for delegation of power hereunder
on behalf of the executant(s).

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MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line 6 (Swami
Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

CONTRACT MMRDA/MMRP/ML-6/CA208
Instructions to Tenderers

APPENDIX-J [As per clause41]


FORM OF PERFORMANCE SECURITY (GUARANTEE) BY BANK

1. This deed of Guarantee made this day of ………………. (Month & year) between Bank of………………….
…………. (Hereinafter called the “Bank”) of the one part, and Mumbai Metropolitan Region
Development Authority (MMRDA) (hereinafter called “the Employer”) of the other part.

2. Whereas Mumbai Metropolitan Region Development Authority (MMRDA) has awarded the contract
for …………… (Name of work as per Clause 1 of NIT) (Hereinafter called the contract) to
…………………………… (Name of the Contractor) hereinafter called the Contractor.

3. AND WHEREAS the Contractor is bound by the said Contract to submit to the Employer a
Performance Security for a total amount of `………………… (Amount in figures and words).

4. Now we the Undersigned ……………………………………. (Name of the Bank) being fully authorized to sign
and to incur obligations for and on behalf of and in the name of…………………………. (Full name of Bank),
hereby declare that the said Bank will guarantee the Employer the full amount of Rs.
…………………………… (Amount in figures and Words) as stated above.

5. After the Contractor has signed the aforementioned Contract with the Employer, the Bank is engaged
to pay the Employer, any amount up to and inclusive of the aforementioned full amount upon written
order from the Employer to indemnify the Employer for any liability of damage resulting from any
defects or shortcomings of the Contractor or the debts he may have incurred to any parties involved
in the Works under the Contract mentioned above, whether these defects or shortcomings or debts
are actual or estimated or expected. The Bank will deliver the money required by the Employer
immediately on demand without delay and demur and without reference to the Contractor and
without the necessity of a previous notice or of judicial or administrative procedures and without it
being necessary to prove to the Bank the liability or damages resulting from any defects or
shortcomings or debts of the Contractor. The Bank shall pay to the Employer any money so
demanded notwithstanding any dispute/disputes raised by the Contractor in any suit or proceedings
pending before any Court, Tribunal or Arbitrator/s relating thereto and the liability under this
guarantee shall be absolute and unequivocal.

6. This Guarantee is valid till …………………. (The initial period for which this Guarantee will be valid must
be for at least 6-months (six months) longer than the anticipated expiry date of defect liability period
as stated in Clause 41 of the “Instruction of Bidder”.)

7. At any time during the period in which this Guarantee is still valid, if the Employer agrees to grant a
time extension to the Contractor or if the Contractor fails to complete the Works within the time of
completion as stated in the Contract, or fails to discharge himself of the liability or damages or debts

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MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line 6 (Swami
Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

as stated under Para 5, above, it is understood that the Bank will extend this Guarantee under the
same conditions for the required time on demand by the Employer and at the cost of the Contractor.

8. The Guarantee hereinbefore contained shall not be affected by any change in the Constitution of the
Bank or of the Contractor.

9. The neglect or forbearance of the Employer in enforcement of payment of any moneys, the payment
whereof is intended to be hereby secured or the giving of time by the Employer for the payment
hereof shall in no way relieve the bank of their liability under this deed.

10. The expressions “the Employer”, “the Bank” and “the Contractor” hereinbefore used shall include
their respective successors and assigns.

11. Notwithstanding anything contained herein:

(a) Our liability under this Bank Guarantee shall not exceed Rs.…………(Rupees……… )
(b) This Bank Guarantee shall be valid up to …………….and shall be payable at Mumbai only.
(c) Deleted.
(d) Further, a claim period of 12 months after the validity period is available to you to make a
demand under the Bank Guarantee, we are liable to pay up to the guarantee amount if
and only if we received from you a written claim or demand within the validity period of
the Bank Guarantee as above or within claim period i.e. on or before date…………, if any,
and the guarantee amount shall be payable at Mumbai only.
In witness, whereof I/We of the bank have signed and sealed this guarantee on the …………. day of ……………
(Month & year) being herewith duly authorized.

For and on behalf of the…………………………. Bank.

Signature of Authorized Bank official

Name : …………………………….

Designation : …………………………….

Stamp/Seal of the Bank: ……………………………

Signed, sealed and delivered for and on behalf of the Bank by the above named ………………. in the presence
of:

Witness 1. Witness 2.

Signature ……………………… Signature ……………………….

Name …………………………… Name ………………………….

Address ………………………. Address …………………………

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MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line
6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

SECTION-VI
ANNEXURES

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MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line

ANNEXURE III
LIST OF SIMILAR WORKS COMPLETED IN THE LAST 7 YEARS BEFORE THE BID DUE DATE

Sr. Name and Cost of Name Date of Time Likely date Clients
No. type of Works and award limit of Certificate
project, (Rs. address completion attached
state, Lakhs) of client (Yes / No)
location
a. Experience as Design Consultant including preparation of designs / Proof checking of
Designs of successfully completed similar work(s) during last seven years as on Bid
Due Date.
1
2
3
b. Experience as General Consultant including technical supervision, contract management,
monitoring, quality assurance and other allied services of successfully completed similar
work(s) during in the last seven years as on Bid Due Date
1
2
3

Seal & Signature of bidder Authorized signatory of Tenderer

The information mentioned in table above shall be provided for the purpose of the fulfilling each
of the criteria mentioned in the eligibility criteria at ITB I-B in the bid document.

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6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

ANNEXURE IV - Deleted

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MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line

ANNEXURE V (To be uploaded with financial proposal in e-Envelop B)


COST ESTIMATES WITH DETAILS OF REQUIRED KEY MANPOWER

Sub: Appointment of General Consultants (GC) Construction of Depot for Metro

FINANCIAL PROPOSAL

CONSULTANT'S SITE OFFICE & CONVEYANCE


MMRDA will provide site office to The General Consultant at Depot location including furniture,
air conditioning, communication system, internet, desktop computers, multipurpose colour
printer, water filter, all consumables & stationery etc. for subject assignment.
MMRDA shall also provide Four air-conditioned vehicles (Ertica or equivalent) having 2000 km
running per month on 24x7 basis each, including operation and maintenance during the entire
Contract period

Estimate of costs

Remuneration of Key Professional Staff


No. of Man month as per
Man phase
Months
Sr. No of

Construct
Key Personnel Position Rate per Total Amount
No. persons

DLP
ion
person Man
per Month
month
Minimum Key professional staff
Team Leader (Depot
1 1 1 30 0 30
Expert) K1
2 Chief Resident Engineer K2 2 1 30 4 34 64
Track & Alignment K2
3 1 1 30 0 30
Expert
4 Sr.Architect K2 1 1 18 0 18
5 Structural Engineer K2 1 1 18 0 18
6 Quality Control Engineer K2 1 1 30 0 30
7 Contract specialist K2 1 1 18 0 18
8 Safety Engineer K2 1 1 30 0 30
Geotechnical/Foundation
9 K2 1 1 18 0 18
Engineer
10 Environmental Expert K2 1 1 30 0 30
11 Interface Manager K2 1 1 30 0 30
Total Man Months of Key Professional Staff: 286 316
Support Staff
1 Quantity surveyor K4 1 1 30 0 30
2 Structural Engineer K4 2 1 30 0 30 60
3 Jr. Quantity surveyor K5 2 1 30 0 30 60
4 CAD Operator K5 1 1 30 0 30
Jr. Quality Control K5
5 2 1 30 0 30 60
Engineer
6 Surveyor K5 1 1 30 0 30

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MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line

No. of Man month as per


Man phase
Months
Sr. No of

Construct
Key Personnel Position Rate per Total Amount
No. persons

DLP
ion
person Man
per Month
month
7 Lab technician K6 1 1 30 0 30
Field Engineer /Site K5
4 1 30 12 42 132
Engineer
Field Engineer / Safety K5
8 2 1 30 0 30 60
Engineer
Field Engineer / Quality K5
1 1 30 0 30
Engineer
9 Utility Engineer K5 1 1 30 0 30
10 Track engineer K5 1 1 30 0 30
11 Architect K5 2 1 30 0 60
12 Documentation expert K6 1 1 30 0 30
Total Man Months of Supporting Staff: 432 672

I/We _____________________________________ Consultant/ Consultancy Firm am / are hereby quoting the


lump-sum fee for the General Consultancy Services as per the scope of Work, terms and contract
conditions covered in TOR. The offer is inclusive of all taxes and excluding GST.

(In
Words)_____________________________________________________________________________________________________
_______

Our Lump sum Fee is Rs. __________________ as mentioned in detailed tender notice.

Seal & Signature of Consultant:


Full Name:
Designation:
Address:
(Authorized Representative)

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6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

ANNEXURE VI

LIST OF BANKS

LIST OF BANKS FOR ISSUING OF BANK GUARANTEE FOR TENDER SECURITY (EMD) &
PERFORMANCE BANKGAURANTEE (PBG).

Nationalized Banks

State Bank of India Allahabad Bank

Andhra Bank Bank of Baroda

Bank of India Bank of Maharashtra

Canara Bank Central Bank of India

Indian Bank Indian Bank

Indian Overseas Bank Oriental Bank of Commerce

Panjab National Bank Panjab & Sid Bank

Union Bank of India Union Bank of India

UCO Bank

Scheduled Commercial Banks

DCB Bank Ltd. HDFC Bank

Induslnd Bank ICICI Bank

Kotak Mahindra Bank Yes Bank

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6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

ANNEXURE-VII

FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED KEY STAFF OF THE GROUP

Position Title and No. {e.g., K-1, TEAM LEADER}


Name of Firm:
Name of Expert: {Insert full name}
Date of Birth: {day/month/year}
Years with the Firm:
Country of Citizenship/Residence
Education: {List college/university or other specialized
education, giving names of educational
institutions, dates attended,
degree(s)/diploma(s) obtained}
Detailed Tasks to be assigned:

Key Qualifications:
Give an outline of staff member’s experience and training most pertinent to tasks on
assignment. Describe degree of responsibility held by staff member on relevant previous
assignment and give dates and locations. (Use up to half a page)
Employment record: Starting with present position, list in reverse
order, every employment held. List all
positions held by staff member since
graduation, giving dates, names of
employing organization, title of positions
held and location of assignments. For
experience in last seven years, (indicate the
name of the city and the country –
developed/developing) also give types of
activities performed and Employer
references, where appropriate. (Use up to
three quarters of a page)

Period Employing Title of Position Location of


organization and Held Assignment
your
title/position.
Contact info for
references for last
7 years

Language Skills:
MMRDA/MPIU/ML6/CA-208 Page 116
MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line
6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

Indicate proficiency in reading, speaking of English and other languages


byremarking “good”, “fair”, or “poor”.

Certification:

I, the undersigned, certify that to the best of my knowledge and belief, this
CVcorrectly describes myself, my qualifications, and my experience.

{Day/month/year}

Name of Expert Signature


Date

{Day/month/year}

Name of authorized Signature

Date

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MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line
6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

ANNEXURE- VIII

SUMMARY OF PROPOSED KEY STAFF

S.N Name Proposed Whethe Academic Firm to Age (years) Relevant Total
of Position r under Qualifications whom as on date Experience Experience
Key K1/K2 belongs of (years) (years)
Staff to Application

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MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line
6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

ANNEXURE -IX

COMPOSITION OF THE TEAM PERSONNEL AND THE TASK


WHICHWOULD BE ASSIGNED TO EACH TEAM MEMBER

1. Professional Personnel including supporting professional staff.

Sr. No Name
Position Task
assignment

(a) Local professional


personnel1.
2.
3.
4.

(b) Foreign professional personnel

1.
2.
3.
4.
( c ) Supporting professional Staff
1.
2.
3.
4.

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MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line
6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

ANNEXURE -X

APPROACH PAPER ON WORK PLAN AND METHODOLOGY PROPOSEDFOR PERFORMING THE


ASSIGNMENT (Network diagram of Activity also to be submitted)

a. Technical Approach and Methodology.


Please explain your understanding of the objectives of the assignment as outlined in the Terms of
Reference (TORs), the technical approach, and the methodology you would adopt for implementing the
tasks to deliver the expected output(s), and the degree of detail of such output. Include here your
comments and suggestions on the TORs and comments on counterpart staff andfacilities provided by the
Client if any. Please do not repeat/copy the TORs in here.
b. Work Plan.
Please outline the plan for the implementation of the main activities/tasks of theassignment, their content
and duration, phasing and interrelations, milestones (including interim approvals by the Client), and
tentative delivery dates of the reports. The proposed work plan should be consistent with the technical
approach and methodology, showing your understanding of the TORs and ability to translate them into a
feasible working plan. A list of the finaldocuments (including reports) to be delivered as final output(s)
should be included here.
c. Consultant’s Organization and Staffing
Please describe the structure and composition of your team, including a list ofthe Key Experts, Non-Key
Experts and relevant technical and administrative support staff, and staffing for training, if the Terms of
Reference specify training as a specific component of the assignment. Experts’ inputs should be specified
and should be consistent with the proposed methodology and the TORs requirements.
d. Claim Management Methodology
Please provide a plan and methodology for carrying out claims management for the Client during the
execution of the project. Any examples of previous methods that have been successfully implemented will
be preferred. The Clientis free to obtain verification from such previous projects of the Consultant for this
purpose.
e. Training Plan
Please outline the training plan for the Client’s staff along with specificreferences to how each discipline
will be covered and what staff will be deployed for this purpose along with National and International
study tour.

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APPENDIX XI

SELF DECLARATION FORM

I/we, (Name of the declare that, I / we or our parent


company or any of our Constituents have not been/been(strike out whichever is inapplicable)
debarred/blacklisted/banned business with the me/us by Any Central / State government department /
public sector undertaking / other government entity
/MMRDA / any other Metro Implementation Organization (100% owned by Govt.) / Ministry of Housing &
Urban Affairs / Ministry of Commerce (Order), applicable for all Ministries as on the date of tender
submission. Also, no contract have been rescinded / terminated by MMRDA / Central or State Govt.
Department / Public SectorUndertaking / Other Govt. entity after award during last 5 years due to non-
performance.

The Details of our debarment are as under (to be filled only if applicable): -
Name of agency/institution (which has taken decision of debarment/blacklisting):

Name of debarred/blacklisted company: Date of decision of debarment/blacklisting: Period of


debarment/blacklisting:
Note: Attach relevant documents/information with this declaration

I / we shall intimate/apprise MMRDA of any debarment / blacklisting for suspension of business by Central
Government/ State Government/MMRDA / any other Metro Implementation Organization (100% owned
by Govt.) / Ministry of Housing & UrbanAffairs / Ministry of Commerce (Order), applicable for all Ministries,
Public Sector Undertaking in India or an International Funding Institution that comes into effect from the
present date (i.e. date of signing of this declaration) to date of finalization of General Consultancy Contract
for Depot and Essential Staff Quarters for Mumbai Metro Rail Metro Line 6 of MMRDA.

The undersigned understands and agrees that further qualifying information may be requested and agrees
to furnish any such information at the request of MMRDA.
Yours faithfully,

Seal & Signature

Full

(Authorized
Representative)
NOTE:
1. In case of JV/Consortium, the undertaking shall be submitted by each member of the
JV/Consortium.

2. The undertaking shall be signed by authorised signatory of the tenderer or constituent


member in case of JV/Consortium.

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Appendix XII
Consultancy Works Done During the Latest Last Five Financial Years

NAME OF THE TENDERER (CONSTITUENT MEMBER IN CASE OF JV/CONSORTIUM):

(All amounts in INR (in Lakhs))


EACH MEMBER OF JV/CONSORTIUM MUST FILL THIS FORM

Financial Data for Last 5 Audited Financial Years


Sr.
DESCRIPTION
No. Year 2018- Year 2019- Year 2020- Year 2021- Year 2022-
2019 2020 2021 2022 2023

1 2 3 4 5 6 7

Total value of
Consultancy
works done as
per audited
financial
statements

NOTE:
1. Attach attested copies of the Audited Financial Statements of the last five financial years

as Annexure.

2. All such documents reflect the financial data of the tenderer and not that of sister or

parent company.

3. The financial data in above prescribed format shall be certified by Chartered Accountant

/ Company Auditor in original under his signature, stamp and with membership number
and UDIN number.

4. Historic financial statements must be complete, including all notes to the financial
statements.

5. Foreign applicants, in whose country calendar year is also the financial year, may submit

all relevant data for the last 5 years i.e.2018, 2019, 2020, 2021 and 2022.

6. The above financial data will be updated to 31.08.2023 price level assuming 5% inflation
for Indian Rupees every year and 2.0% for foreign currency portions per year. The
exchange rate of foreign currency shall be applicable 28 days before the submission date
of tender.

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AppendixXIII
Details of Consultancy Works in Hand
As on 31.08.2023

EACH MEMBER OF JV/CONSORTIUM MUST FILL THIS FORM


Name and
Contract Value
brief Value
Name Value In Value of of work
particulars of work Value of
of Rupees balance to
of to be work to
client Equivale work be
contract Date of done in be
with nt yet Dela done
(Clearly Completi 2023- done
teleph (Give only to be Expecte y if in
indicate on as per 24 in
one the value done in d any, st 2024-
the Contract (1 2025-26
numbe of work Rupee Completi with 25
part of the Agreeme Sep 3 st (1st
r and assigned equivale on Date reas (1
work nt to 5
fax to the nt as on on 4
assigned to 31st to 28st
numbe applicant 31.08.2 to
the Feb 6)
r (s) 3 31stMa
applicant(s 4)
5)
))

Total

Note:

The financial data in above prescribed format shall be certified by Chartered Accountant /
Company Auditor in original under his signature & stamp with membership number and UDIN
number.

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Appendix XIV
Financial Data

EACH MEMBER OF JV/CONSORTIUM MUST FILL THIS FORM


S. Description Financial Data for Latest Last 5 Years (Indian Rupees)
N.
2018-2019 2019-2020 2020-2021 2021-2022 2022-2023
1. Total Assets
2. Current Assets
Total External
3.
Liabilities
4. Current Liabilities
5. Annual Profits
Before Taxes
6. Annual Profits After
Taxes
7. Net Worth [= 1 - 3]
8. Liquidity [=2 - 4]
9. Return on Equity
10. Annual turnover
(from Consultancy
work)
11. Gross Annual
turnover

Note:

The financial data in above prescribed format shall be certified by Chartered Accountant / Company
Auditor in original under his signature & stamp with membership number and UDIN number.

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Attach copies of the audited balance sheets, including all related notes, income statements
for the last five audited financial years, as indicated above, complying with the following
conditions.

1. All such documents reflect the financial data of the Applicant, and not sister or Parent
Company.

2. Historic financial statements shall be audited by Certified accountant / Statutory


Auditor of the Company under their seal & stamp and shall be strictly based on Audited
Annual Financial results of the relevant period(s). No statements for partial periods will
be accepted.

3. Historic financial statements must be complete, including all notes to the financial
statements.

4. Foreign applicants, in whose country calendar year is also the financial year, may
submit all relevant data for the last 5 years i.e.2018, 2019, 2020, 2021 and 2022.

5. Return on Equity = Net Income / Shareholders Equity


Return on Equity = Net Income is for the full fiscal year (before dividends paid to
common stock holders but after dividends to preferred stock). Shareholders equity
does not include preferred shares.

6. This above annexure shall be duly certified by Chartered Accountant / Company Auditor
in original under his signature, stamp and with membership number and UDIN number.
7. Incase the Liquidity is inadequate, the tenderer may submit banking reference to
establish that they have access to the required working capital.

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6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

Appendix XIVA
Undertaking for Financial Stability

We do hereby undertake that we have not suffered bankruptcy/insolvency during the last 5
years.

STAMP & SIGNATURE OF AUTHORISED SIGNATORY

_________________________________________________________________________________
Note:

The undertaking shall be signed by authorised signatory of the tenderer.

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6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

Appendix XV
Work Experience

Applicant’s legal name ………………………… Date……………………………….


Page ………..of ……….. Pages
For work of Engagement of General Consultant For for civil works of Depot and Essential Staff
Quarters For Metro Line 6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of
MMRDA at Kanjurmarg Mumbai.
Specific Consultancy Experience
Similar Contract Number
______ of _______ required
Information
Contract Identification (Name
of work, Brief Description,
Total Cost of work)
Award date
Completion date

Employer’s Name

Employer’s Address:
Telephone / Fax number:
E Mail

Role in Contract
(Individual/JV-Consortium Individual JV Member
member)

Currency (as stated in Clients In equivalent INR at price level


Completion Cost Certificate) on 28 days before last date of
submission of tender.

If JV member specify % participation In equivalent INR at price level of


percentage participation in 28 days before last date of
contract & amount (Please submission of tender
refer Note-1)

NOTE:
1. Only the value of contract as executed by the applicant/member in his own name should be
indicated. Where a work is undertaken by a group, only that portion of the contract which is
undertaken by the concerned applicant/member should be indicated and the remaining done by
the other members of the group be excluded. This is to be substantiated with documentary
evidence (should include complete details about the project like Name of project, Contract No.,
services provided, nature of work, similar cost works and etc) which clearly mentioned the amount
for the work(s) submitted in support of work experience.
2. Separate sheet for each work along with Clients Certificate to be submitted.

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6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

Appendix XVA Summary of Information provided in Appendix XV

Applicant’s legal name ………………………….......Date……………………………….

Page ………..of ……….. pages

Name of Applicant (each Total Number of works No. of contracts delayed,


member in case of group) at the price level of i.e., completed beyond the
31.08.2023 original date of completion

NOTE:-
1. In case the work was done as JV/Consortium, only the value of work done by the applicant as per
his Percentage participation must be given.
2. Reasons of delay whether on consultant account or on account of Employer in each applicable
case need to be enclosed separately.

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MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line

Appendix XVI
Undertaking For Not Being Penalized in a Contract

(UNDERTAKING FOR NOT BEING PENALISED IN A CONTRACT)

We do hereby undertake that we have not paid liquidated damages of 5% (or more) of the
contract value in a contract due to delay or penalty of 5% (or more) of the contract value due
to any other reason during last five years.

STAMP & SIGNATURE OF AUTHORISED SIGNATORY

_____________________________________________________________________________
Note:

1. The undertaking shall be signed by authorised signatory of the tenderer.


1. In case the work was done as JV/Consortium, only the value of work done by the
applicant as per his Percentage participation must be given.
2. Reasons of delay whether on consultant account or on account of Employer in each
applicable case need to be enclosed separately.

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MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line
6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

Appendix XVII

COVENANT OF INTEGRITY

(To the Promoter from a Bidder, Contractor, Supplier or Consultant to be attached to its Tender (or
to the Contract in the case of a negotiated procedure)

“We declare and covenant that neither we nor anyone, including any of our directors,
employees, agents, joint venture partners or sub-contractors, where these exist, acting on our
behalf with due authority or with our knowledge or consent, or facilitated by us, has engaged,
or will engage, in any Prohibited Conduct (as defined below) in connection withthe tendering
process or in the execution or supply of any works, goods or services for [specify the contract or
tender invitation] (the “Contract”) and covenant to so inform you if any instance of any such
Prohibited Conduct shall come to the attention of any person in our organization having
responsibility for ensuring compliance with this Covenant.
We shall, for the duration of the tender process and, if we are successful in our tender, forthe
duration of the Contract, appoint and maintain in office an officer, who shall be a person
reasonably satisfactory to you and to whom you shall have full and immediate access, having
the duty, and the necessary powers, to ensure compliance with this Covenant.
If (i) we have been, or any such director, employee, agent or joint venture partner, where this
exists, acting as aforesaid has been, convicted in any court of any offence involving aProhibited
Conduct in connection with any tendering process or provision of works, goods or services
during the five years immediately preceding the date of this Covenant, or (ii) any such director,
employee, agent or a representative of a joint venture partner, where this exists, has been
dismissed or has resigned from any employment on the grounds of being implicated in any
Prohibited Conduct, or (iii) we have been, or any of our directors, employees, agents or joint
venture partners, where these exist, acting as aforesaid has beenexcluded by any major Multi-
lateral/Bi-lateral Development Bank/ Agency including World Bank Group, African
Development Bank, Asian Development Bank, European Bank for Reconstruction and
Development, European Investment Bank or Inter-American Development Bank, KFW
Germany etc. from participation in a tendering procedure on thegrounds of Prohibited Conduct,
we give details of that conviction, dismissal or resignation,or exclusion below, together with
details of the measures that we have taken, or shall take,to ensure that neither this company
nor any of our directors, employees or agents commitsany Prohibited Conduct in connection
with the Contract [give details if necessary].
In the event that we are awarded the Contract, we grant the Project Owner, the funding agency
and auditors appointed by either of them, as well as any authority or institution or body having
competence under applicable law, the right of inspection of our records and those of all our
sub-contractors under the Contract. We accept to preserve these records generally in
accordance with applicable law but in any case for at least six years from the date of substantial
performance of the Contract.”
For the purpose of this Covenant, Prohibited Conduct includes,
• Corrupt Practice is the offering, giving, receiving or soliciting, directly or
indirectly, anything of value to influence improperly the actions of another party.
• Fraudulent Practice is any act or omission, including a misrepresentation,
that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a
financial or other benefit or to avoid an obligations.
• Coercive Practice is impairing or harming, or threatening to impair
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6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

or harm, directly or indirectly, any party or the property of any party to


influence improperly the actions of a party.
• Collusive Practice is an arrangement between two or more parties
designed to achieve an improper purpose, including influencing
improperly the actions of another party.
• Obstructive Practice is

(a) deliberately destroying, falsifying, altering or concealing of


evidence material to theinvestigation; and/or threatening, harassing or
intimidating any party to prevent it from disclosing its knowledge of
matters relevant to the investigation or from pursuing the investigation,
or
(b) acts intended to materially impede the exercise of the funding
agency's contractualrights of audit or access to information or the rights
that any banking, regulatory or examining authority or other equivalent
body may have in accordance with any law, regulation or treaty or
pursuant to any agreement into which the funding agency has enteredin
order to implement such law, regulation or treaty;
• Money Laundering

• Terrorist Financing
• Project Owner means the person designated as such
in the tender documents orthe Contract.

STAMP AND SIGNATURE


OF BIDDER

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MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line
6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

SECTION-VII
INDEX PLAN

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MMRDA/MPIU/ML6/CA-208: Appointment of General Consultant (GC) for civil works of Depot and Essential Staff Quarters for Metro Line
6 (Swami Samarthnagar to Vikroli (EEH)) of Mumbai Metro Rail Project of MMRDA at Kanjurmarg”

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