Post on 11-Aug-2020
T 96 /2017 - RFP for Preparation of DPR for Marina Tourism Hub 1
Tender No. CE.T. 96/2017
Global Tender
MUMBAI PORT TRUST
REQUEST FOR PROPOSAL FOR
Appointment of Consultant for Preparation
of Detail Project Report for Marina at MbPT, Mumbai
October 2017
Chief Engineer,
Civil Engineering Department, Mumbai Port Trust
3rd floor, Port Bhavan, Shoorji Vallabhdas Marg,
Mumbai 400 001. Tel. No. 022 66564031, Fax No. 022 22616804
E mail: ce@mbptmail.com
-
Tender No.CE.T.96/2017
2
MUMBAI PORT TRUST Tender No.CE.T. 96/2017
REQUEST FOR PROPOSAL
FOR
Appointment of Consultant for Preparation of Detail Project Report for Marina at MbPT,
Mumbai
TECHNICAL PROPOSAL (FIRST COVER)
Chief Engineer, Civil Engineering Department, Mumbai Port Trust 3rd floor, Port Bhavan, Shoorji Vallabhdas Marg,
Mumbai 400 001. Tel. No. 022 66564031, Fax No. 022 22616804
E mail: ce@mbptmail.com
T 96 /2017 - RFP for Preparation of DPR for Marina Tourism Hub 3
DISCLAIMER
The information contained in this Request for Proposals document (“RFP”) or subsequently provided to bidders, whether verbally or in documentary or any other form by or on behalf of Mumbai Port Trust (MbPT) or any of its employees or advisers, is provided to bidders on the terms and conditions set out in this RFP and such other terms and conditions subject to which such information is provided.
This RFP is not an agreement and is neither an offer nor invitation by MbPT to the prospective bidders or any other person. The purpose of this RFP is to provide interested parties with information that may be useful to them in the formulation of their Proposals pursuant to this RFP. This RFP includes statements, which reflect various assumptions and assessments arrived at by MbPT in relation to the Consultancy. Such assumptions, assessments and statements do not purport to contain all the information that each bidder may require. This RFP may not be appropriate for all persons, and it is not possible for MbPT, its employees or advisers to consider the objectives, technical expertise and particular needs of each party who reads or uses this RFP. The assumptions, assessments, statements and information contained in this RFP, may not be complete, accurate, adequate or correct. Each Bidder should, therefore, conduct its own investigations and analysis and should check the accuracy, adequacy, correctness, reliability and completeness of the assumptions, assessments and information contained in this RFP and obtain independent advice from appropriate sources.
Information provided in this RFP to the bidders is on a wide range of matters, some of which depends upon interpretation of law. The information given is not an exhaustive account of statutory requirements and should not be regarded as a complete or authoritative statement of law. MbPT accepts no responsibility for the accuracy or otherwise for any interpretation or opinion on the law expressed herein.
MbPT, its employees and advisers make no representation or warranty and shall have no liability to any person including any bidder under any law, statute, rules or regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or expense which may arise from or be incurred or suffered on account of anything contained in this RFP or otherwise, including the accuracy, adequacy, correctness, reliability or completeness of the RFP and any assessment, assumption, statement or information contained therein or deemed to form part of this RFP or arising in any way in this Selection Process.
MbPT also accepts no liability of any nature whether resulting from negligence or otherwise, howsoever caused, arising from reliance of any bidder upon the statements contained in this RFP.
MbPT may in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information, assessment or assumption contained in this RFP.
The issue of this RFP does not imply that MbPT is bound to select a bidder or to appoint the selected bidder, as the case may be, for the Consultancy and MbPT reserves the right to reject all or any of the Proposals without assigning any reasons whatsoever.
The bidder shall bear all its costs associated with or relating to the preparation and submission of its Proposal including but not limited to preparation, copying, postage, delivery fees, expenses associated with any demonstrations or presentations which may be required by MbPT or any other costs incurred in connection with or relating to its Proposal. All such costs and expenses will remain with the Bidder and MbPT shall not be liable in any manner whatsoever for the same or for any other costs or other expenses incurred by a bidder in preparation or submission of the Proposal, regardless of the conduct or outcome of the
Selection Process.
Tender No.CE.T.96/2017
4
DATA SHEET
Sr. No.
ITEMS DETAILS
1 Name of the project Tender No.CE T - 96/2017 – RFP for Appointment of Consultant for Preparation of Detail Project Report for Marina at MbPT, Mumbai
2 Area proposed for Marina. 14 ha. (approx.)
3 Bid Processing fee (Cost of Tender Document)
Rs. 5,250/- (including 5% GST)
4 Bid Security Rs. 1,00,000/-
5 Evaluation method QCBS
6 Period of Consultancy 12 months
SHEDULE OF SELETION PROCESS
Sr.
No.
Activity Schedule
i) Download of Bid Documents From 23.10.2017 to 23.11.2017
ii) Last date of receiving queries 01.11.2017
iii) Pre-bid meeting Date & time On 07.11.2017 at 1500 hrs.(IST).
iv) Probable date of reply to pre-bid queries
(on website only)
10.11.2017
iv) Last date of submission of bids
(Proposal Due Date)
i) Online submission on
www.eprocure.gov.in
and
ii) Submission of tender fee, bid
security in hard copy as
indicated in tender.
Till 1500 hrs. (IST) on 23.11.2017.
v) Opening of bid At 1500 hrs. (IST) on 24.11.2017
Tender No.CE.T.96/2017
5
Tender No. CE T - 96/2017
Appointment of Consultant for Preparation of Detail Project Report for Marina at MbPT, Mumbai
CONTENTS
Para Particulars
Abbreviations
1 Section 1: Introduction
2 Section 2 : INSTRUCTIONS TO BIDDERS
3 Section 3: Evaluation Of The Bids And Selection Of Consultants
4 Section 4: GENERAL CONDITIONS OF CONTRACT
5 Section 5: Appendices
Appendix - I Terms Of Reference (TOR)
Appendix – II Consultant’s Key Personnels
Appendix III Form Of Bank Guarantee For Performance Security
Appendix-IV Form Of Agreement
Appendix - V Format in Case of Joint Venture Agreement (Memorandum Of Understanding)
Appendix – VI Integrity Pact Agreement
Appendix-VII Location plan
6 Section 6 : Forms for Technical And Financial Proposals
Form-1 Checklist of Documents submitted
Form-2 Form for Application
Form-3 Bidder’s Profile
Form-4 Major works during last Ten years which best illustrates Qualifications for the Assignment under Offer.
Form-5 Details of Key Personnel
Form-6 CVs of the Key Personnel
Form-7 Details of the Proposed Manning Schedule
Form-8 Form for average Turn Over
Form-9 Undertaking for Not Barred or Blacklisted
Form-10 Undertaking for obtaining Permission to work in India
Form-11 Affidavit of Correct Information
Form-12 Details of sub consultants
Form-13 Power of attorney
To be submitted in Financial Proposal (Format Separately provided in Financial Bid)
Form -14A Letter for Financial Proposal
Form – 14B Format for Financial Proposal
Tender No.CE.T.96/2017
6
Tender No. CE T - 96/2017
Appointment of Consultant for Preparation of Detail Project Report for Marina at MbPT, Mumbai
ABBREVIATIONS
Sr. No. Item Full Form 1 RFP Request For Proposal 2 MbPT Mumbai Port Trust 3 JNPT Jawaharlal Nehru Port Trust 4 MPC Mumbai Port Complex 5 QCBS Quality cum Cost Based
Selection 6 INR Indian Rupees 7 USD United States Dollar 8 PDD Proposal Due Date 9 PPP Public Private Participation
10 DPR Detailed Project Report 11 MBA Master of Business
Administration 12 CA Chartered Accountant 13 ha Hectare 14 JV Joint Venture 15 Km Kilometer 16 CV Curriculum Vitae 17 IST Indian Standard Time 18 GCC General Conditions of
Contract 19 LOA Letter of Award
Tender No.CE.T.96/2017
7
MUMBAI PORT TRUST
CIVIL ENGINEERING DEPARTMENT
Tender No.E.96/2017
Section 1
INTRODUCTION
Tender No.CE.T.96/2017
8
Section 1 INTRODUCTION
1.1. Background:
Mumbai Port is located on the West Coast of India. Most of its landed estate
lies in South Mumbai on the Eastern waterfront. South Mumbai is one of the
most premium locations in the country and thus the economic value of Mumbai
Port's land parcel is expected to be significant. MbPT is in the process of
revamping its activities with an introduction of Tourism, public and office spaces
by way of the Master planning of about 500 Ha. This will open up the Eastern
Waterfront to the residents of Mumbai and suburbs.
Need for Marina:
There is an acute need for a Marina in Mumbai. This has become a real
problem as many yachts visit or base themselves in the city, and the fleet
currently anchors off the Gateway to India monument, requiring owners to step
on board via a small slipway, or, in the case of larger yachts, hire tenders to
ferry them around. Mumbai has the most number of Privately owned pleasure
Boats and is a ready market for Marina. Due to unavailability of a designated
Marina at Mumbai, at any given time around 200 small leisure Boats can be
seen anchored near the Gate Way of India.
Considering the urgent need for a marina facility, Mumbai Port Trust proposes
to develop a marina with all the necessary infrastructure, complemented with a
tourism/ retail / hotel hub / club, etc on the Eastern waterfront within the
princess dock.
1.2. Project:
MbPT has therefore identified approx. 14 ha. of land for the development of
Marina with supporting / ancillary facilities within its land created by filling
Princess Dock. The Marina is likely to spread over on approx. 14 ha. (140,000
sq.m) of land, and water area of marina shall be approx. 5 ha. (50,000 sq.m).
However, the consultant shall arrive the proportion of land according to the
need of the Design and the financial feasibility. The developments shall be
governed by the Development Control Regulations of Mumbai (MCGM).
Obtaining all the Environment clearance, CRZ clearance etc. shall also be part
of the project.
1.3. It is with these broad objectives that Mumbai Port Trust wishes to secure the
services of an eminent Technical consultant towards ‘Preparation of Detailed
Project Report for Marina at MbPT, Mumbai’. The consultant team shall include
professionals with requisite knowledge of Marine Engineering, Environment,
Infrastructure design, finance and other aspects of marina construction like
Tender No.CE.T.96/2017
9
water draught requirement, construction of jetties, yacht / boat movements and
parking, along with Architecture, Urban Design and Urban Planning, and
Implementation consultant having knowledge of Water Front Development,
Engineering, and Business / Marketing capabilities.
1.4. Scope of Work : The scope of work is detailed in Section 5, Appendix I
1.5 Objectives:
The proposed project should meet the following objectives:
a) To provide the much needed Marina for city of Mumbai
b) To create a landmark / Iconic Marina along with its Supporting/ ancillary
activities
c) To provide for best in class infrastructure for the Marina
d) To have sustainable development,
e) To work out the Technical Feasibility and Financial Viability
f) To work out the implementation / operation & maintenance strategy,
g) To identify the phasing of development,
1.6 Request for Proposal:
Mumbai Port Trust wishes to invite Digitally signed bids from eligible National/
International consulting firms for Tender No.CE.T.96/2017 RFP for
“Appointment of Consultant for Preparation of Detail Project Report for
Marina at MbPT, Mumbai”.
MbPT intends to select the Consultant through an open global competitive
bidding process in accordance with the procedure set out herein in two stages.
The Consultancy proposal is to be submitted in two-cover system. The first
cover shall contain "Technical proposal" and second cover the "Financial
proposal". The Evaluation process shall be “Quality Cum Cost Based Selection”
with 70% weightage to Technical and 30% weightage to the financial
component.
………………….
Tender No.CE.T.96/2017
10
MUMBAI PORT TRUST CIVIL ENGINEERING DEPARTMENT
Tender No.E.96/2017
Section 2
INSTRUCTIONS TO BIDDERS
Tender No.CE.T.96/2017
11
Section 2
INSTRUCTIONS TO BIDDERS 2.1. Due diligence by bidders
Bidders are encouraged to inform themselves fully about the assignment and
the local conditions before submitting the Proposal by paying a visit to MbPT
and the Project site, sending written queries to MbPT, and attending a Pre-Bid
Meeting on the date and time specified in this document
2.2. Sale/Download of RFP Document
The interested Bidders shall download the Bid documents from the Mumbai
Port Trust web site http://www.mumbaiport.gov.in and www.eprocure.gov.in.
The bidder has to submit his offer online at the e-procurement
website https://eprocure.gov.in using valid Digital Signature
Certificates. However, the cost of bid / tender fee is Rs. 5250/-
nonrefundable (including 5 % GST) along with Bid Security / Earnest Money
Deposit (EMD) of Rs.1,00,000/- (Rupees One Lakh) only is to be submitted by
Demand Draft/Pay Order in a sealed cover marked with the Tender No. and
name of the bidder in physical form. The sealed cover is to be submitted on or
before the last date and time of proposal submission indicated in Data Sheet or
Schedule of tendering at the box provided at the Imprest Office of the Civil
Engineering Department, Mumbai Port Trust, Port Bhavan, 3rd Floor, Shoorji
Vallabhdas Marg, Ballard Estate, Fort, Mumbai 400001. The Demand
Draft/Pay Order is to be drawn in the name of “The Board of Trustees of the
Port of Mumbai”
The downloading of document shall be carried out strictly as provided on
website. No editing, addition/deletion of matter shall be permitted. If such
action is observed at any stage, such proposals are liable for outright rejection.
No bids will be considered if it is not submitted online at the e-procurement
website, https:\\eprocure.gov.in and cost of bids and Earnest Money is not
submitted as mentioned in Tender Notice.
The PO/DD for cost of the bid and EMD in the sealed cover as described above
if not received till Due Date and Time even though posted in time or online bids
submitted after due date and time will be considered as Late Bid and will not be
accepted.
Tender No.CE.T.96/2017
12
2.3. Validity of Proposal :
The proposal shall be valid for a period of 120 days from the date of opening of
Financial Proposal.
2.4. Brief Description of The Selection Process :
MbPT has adopted a two stage selection process (collectively the “Selection
Process”) for evaluating the Proposals comprising Technical and Financial bids
to be submitted in two separate sealed envelopes. In the first stage, a technical
evaluation will be carried out as specified in Section 3. Based on the technical
evaluation, a list of short-listed bidders shall be prepared as specified in Clause
3.2.3 The bidders who are selected as per clause 3.2.3 shall only be called for
the presentation of their concept design before an Evaluation Committee
appointed by MbPT. The evaluation committee shall allocate marks for
Approach and Methodology Proposed, Concept design and presentation
according to the Evaluation Criteria as specified in Clause 3.2.3.
In the next stage, a financial evaluation will be carried out as specified in
Clause 3.3. QCBS procedure shall be adopted with weightage to Technical
Evaluation and Financial bid quoted as per the Formula mentioned in clause
3.4. Proposals will finally be ranked according to their combined technical and
financial scores as specified in Clause 3.4. The first ranked bidder shall
normally awarded the work and the second and third ranked Bidder will be kept
in reserve.
2.5. Currency conversion rate and payment:
For the purposes of technical evaluation of bidders, Rs. 65/- (Rupees sixty five)
per US$ shall be considered as the applicable currency conversion rate. In
case of any other currency, the same shall first be converted to US$ as on the
date 60 (sixty) days prior to the Proposal Due Date (PDD), and the amount so
derived in US$ shall be converted into INR at the aforesaid rate. The
conversion rate of such currencies shall be the daily representative exchange
rates published by the International Monetary Fund for the relevant date.
All payments to the Consultant shall be made in INR in accordance with the
provisions of this RFP. The Consultant may convert INR into any foreign
currency as per Applicable Laws and the exchange risk, if any, shall be borne
by the Consultant.
2.6. Schedule of Selection Process :
MbPT would endeavor to adhere to the schedule provided in tender document:
2.6.1. Pre-Proposal visit to the Site and inspection of data:
Tender No.CE.T.96/2017
13
Prospective bidders may visit the Site and review the available data at any time
prior to Proposal Due Date. To obtain first-hand information on the assignment
and on the local conditions, consultants are advised to pay a visit to the project
site before submitting a proposal. Visit to site will be with valid Dock Entry
Permit to be issued by concerned department of the MbPT upon written
request from the Consultants giving particulars of visiting personnel.
MbPT may arrange a site visit for a group of bidders, if they desire so.
2.6.2. Pre-Bid Meeting:
The tentative venue of the Pre-Bid Meeting shall be as follows and the date of
the pre-bid meeting is indicated in the ‘schedule of selection process’
Mumbai Port Trust Offices,
Port Bhavan, Shoorji Vallabhdas Marg,
Ballard Estate,
Mumbai - 400 001,
2.6.3. Communications:
All communications including the submission of Proposal should be addressed
to:
The Chief Engineer,
Civil Engineering Department
Mumbai Port Trust
3rd floor, Port Bhavan,
Shoorji Vallabhdas Marg,
Ballard Estate,
Mumbai 400 001.
Tel. No. 022 66564031
Fax No. 022 22616804
E mail : ce@mbptmail.com
2.6.4. Web site address :
The Official Website of MbPT is : http:// www.mumbaiport.gov.in
The online bid is to be submitted on http://eprocure.gov.in
2.7. General Instructions:
Tender No.CE.T.96/2017
14
Detailed description of the objectives, scope of services, Deliverables and
other requirements relating to this Consultancy are specified in this RFP. In
case any bidder possesses the requisite experience and capabilities
required for undertaking the Consultancy, it may participate in the Selection
Process either individually (the “Sole Firm”) or as lead member of a
consortium of firms (the “Lead Member”) in response to this invitation. The
term bidder means the Sole Firm or the Lead Member, as the case may be.
The manner in which the Proposal is required to be submitted, evaluated
and accepted is explained in this RFP.
Bidders are advised that the selection of Consultant shall be on the basis of
an evaluation by the MbPT through the Selection Process specified in this
RFP.
Bidders shall be deemed to have understood and agreed that no
explanation or justification for any aspect of the Selection Process will be
given and that MbPT’s decisions are without any right of appeal whatsoever.
The bidder shall submit its Proposal in the form and manner specified in
this Clause 2.21 of the RFP. The Technical proposal shall be submitted in
the forms at Section -6, Forms 1 to 13, along with Key Submissions &
Approach & Methodology & Concept Design as specified in clause 2.20.10
and the Financial Proposal shall be submitted in the forms 14A & 14B at
Section - 6 as specified in clause 2.20.11. Upon selection, the bidder shall
be required to enter into an agreement with MbPT in the form specified
at Appendix-IV
2.8 Key personnel:
The Consultant’s team shall consist of the “Key Personnel” who shall discharge
their respective responsibilities as specified Appendix II of Section 6 of the
tender:
Apart from the above key personnel, the bidder should have personnel having
in expertise in landscape, tourism & hospitality industry, cost estimate,
procurement, Finance and Legal etc. as per requirement of assignment based
on scope of work.
2.9 Conditions of Eligibility of Bidders:
Bidders must read carefully the minimum conditions of eligibility (the
“Conditions of Eligibility”) provided herein. Proposals of only those Bidders
who satisfy the Conditions of Eligibility will be considered for evaluation.
The consultant shall have proven track record in designing of a
comprehensive plan for a Marina and a Tourism hub and must satisfy the
Tender No.CE.T.96/2017
15
minimum eligibility criteria stated below for being eligible for further
evaluation and selection process.
2.10 Eligibility Criteria:
To Eligibility Criteria and evaluation of bid for selection of consultant is detailed
in section 3 of tender.
2.11 Conflict of Interest
The bidder shall not have a conflict of interest that may affect the Selection
Process for the award of Consultancy assignment (the “Conflict of Interest”).
Any bidder found to have a Conflict of Interest shall be disqualified. In the event
of disqualification, MbPT shall forfeit and appropriate the Bid Security as
mutually agreed genuine pre-estimated compensation and damages payable to
MbPT for, inter alia, the time, cost and effort of MbPT including consideration of
such bidder’s Proposal, without prejudice to any other right or remedy that may
be available to MbPT hereunder or otherwise.
The bidder requires that the Consultant provides professional, objective, and
impartial advice and at all times hold MbPT’s interest paramount, avoid
conflicts with other assignments or its own interests, and act without any
consideration for future work. The Consultant shall not accept or engage in any
assignment that would be in conflict with its prior or current obligations to other
clients, or that may place it in a position of not being able to carry out the
assignment in the best interests of MbPT.
2.12 Number of Proposals:
No bidder or its Associate shall submit more than one bid for the Consultancy.
A bidder applying individually or as an Associate or shall not be entitled to
submit another application either individually or as a member of any
consortium, as the case may be.
2.13 Cost of Proposal:
The bidders shall be responsible for all of the costs associated with the
preparation of their Proposals and their participation in the Selection Process
including subsequent negotiation, visits to MbPT, Project site etc. MbPT will not
be responsible or in any way liable for such costs, regardless of the conduct or
outcome of the Selection Process.
2.14 Site visit and verification of information:
Tender No.CE.T.96/2017
16
Bidders are encouraged to submit their respective Proposals after visiting the
Project site and ascertaining for themselves the site conditions, traffic, location,
surroundings, climate, access to the site, availability of drawings and other data
with MbPT, applicable laws and regulations or any other matter considered
relevant by them.
2.15 Acknowledgement by bidder:
It shall be deemed that by submitting the Proposal, the bidder has:
(a) made a complete and careful examination of the RFP;
(b) received all relevant information requested from MbPT;
(c) acknowledged and accepted the risk of inadequacy, error or mistake in the
information provided in the RFP or furnished by or on behalf of MbPT or
relating to any of the matters referred to in this document;
(d) satisfied itself about all matters, things and information, including matters
referred to in this document, necessary and required for submitting an
informed
Application and performance of all of its obligations thereunder;
(e) acknowledged that it does not have a Conflict of Interest; and
(f) agreed to be bound by the undertaking provided by it under and in terms
hereof.
The MbPT shall not be liable for any omission, mistake or error on the part of
the bidder in respect of any of the above or on account of any matter or thing
arising out of or concerning or relating to RFP or the Selection Process,
including any error or mistake therein or in any information or data given by the
MbPT.
2.16 Right to reject any or all Proposals :
Notwithstanding anything contained in this RFP, the MbPT reserves the right to
accept or reject any Proposal and to annul the Selection Process and reject all
Proposals, at any time without any liability or any obligation for such
acceptance, rejection or annulment, and without assigning any reasons thereof.
Without prejudice to the generality of Clause 2.16, MbPT reserves the right to
reject any Proposal if:
(a) at any time, a material misrepresentation is made or discovered, or
Tender No.CE.T.96/2017
17
(b) the bidder does not provide, within the time specified by MbPT, the
supplemental information sought by MbPT for evaluation of the Proposal.
Misrepresentation/ improper response by the bidder may lead to the
disqualification of the bidder. If the bidder is the Lead Member of a consortium,
then the entire consortium may be disqualified / rejected. If such disqualification
/ rejection occurs after the Proposals have been opened and the highest
ranking bidder gets disqualified / rejected, then MbPT reserves the right to
consider the next best bidder or take any other measure as may be deemed fit
in the sole discretion of MbPT, including annulment of the Selection Process.
2.17 Contents of the RFP
This RFP comprises the Disclaimer set forth hereinabove, all the contents of
the RFP Document and will additionally include any Addendum / Amendment /
Clarification issued.
2.18 Pre-Bid Meeting:
The Consulting firm or his authorized representative is advised to attend a Pre-
Bid meeting which will be convened at the office of the Chief Engineer,
Mumbai Port Trust on the date and time indicated in “Schedule of Selection
Process”
The purpose of the meeting will be to clarify issues on proposal and to answer
queries on any matter that may be raised at that stage. No queries received
after the Pre-Bid meeting will be entertained.
The bidders are requested to submit any query in writing so as to reach the
Chief Engineer not later than three (3) days before the date of Pre-Bid
meeting.
The questions raised by Bidders in writing and reply of Port thereof will be
furnished to all bidders who purchased the Proposal Documents. Any
modification of the Proposal Documents, which may become necessary as a
result of the Pre-Bid meeting, may be made by MbPT exclusively through the
issuance of an addendum. The same will be hoisted on MbPT’s website
http://www.mumbaiport.gov.in. or http://eprocure.gov.in.
MbPT reserves the right not to respond to any questions or provide any
clarifications, in its sole discretion, and nothing in this Clause 2.19 shall be
construed as obliging MbPT to respond to any question or to provide any
clarification.
2.19 Amendment of RFP:
Tender No.CE.T.96/2017
18
At any time before the due date for submission of proposals, the MbPT may, for
any reasons, whether at its own initiative or in response to a clarification
requested by the firms, modify the RFP documents by amendment. The
amendments will be uploaded in the Mumbai Port Website. The MbPT may at
its discretion extend the deadlines for the submission of proposals. It shall not
be obligatory for MbPT to inform the amendments in writing or through email to
all the firms
2.20 Bid Security
2.20.1 The bidder shall furnish as part of its Proposal, a bid security of Rs.100,000/-
(Rs. One lakh only) in the form of a Demand Draft/Banker’s cheque issued by
one of the Nationalised/ Scheduled Banks in India in favour of the “ Board of
Trustees of Port of Mumbai” payable at Mumbai.
2.20.2 It Shall be returnable not later than 90 (ninety) days from PDD except in case of
the three highest ranked bidders as required in Clause 3.4. In the event that the
first ranked bidder commences the assignment as required in Clause 3.6.7, the
second and third ranked bidder, who has been kept in reserve, shall be
returned its Bid Security forthwith, but in no case not later than 120 (one
hundred and twenty) days from the opening of Bid. The Selected Bidder’s Bid
Security shall be returned upon the bidder signing the Contract Agreement.
2.20.3 Any Bid not accompanied by the Bid Security shall be rejected by MbPT
as non-responsive.
2.20.4 MbPT shall not be liable to pay any interest on the Bid Security and the same
shall be interest free.
2.20.5 The bidder, by submitting its Application pursuant to this RFP, shall be deemed
to have acknowledged that without prejudice to MbPT’s any other right or
remedy hereunder or in law or otherwise, the Bid Security shall be forfeited and
appropriated by MbPT as the mutually agreed pre-estimated compensation and
damage payable to MbPT for, inter alia, the time, cost and effort of MbPT in
regard to the RFP including the consideration and evaluation of the Proposal
under the following conditions:
i) If a Bidder engages in any of the Prohibited Practices specified in Section 4
of this RFP;
ii) If a Bidder withdraws its Proposal during the period of its validity as
specified in this RFP and as extended by the bidder from time to time;
iii) In the case of the Selected bidder, if the bidder fails to reconfirm its
commitments as required vide Clause 3.6 of section 3;
iv) In the case of a Selected Bidder, if the bidder fails to sign the Agreement or
commence the assignment as specified in Clause 3.6 of section 3 or
Tender No.CE.T.96/2017
19
v) If the Bidder is found to have a Conflict of Interest as specified in Clause
2.11 section 2 and 4.16 section 4.
2.21 PREPARATION AND SUBMISSION OF PROPOSAL:
2.21.1 Language
The Proposal with all accompanying documents (the “Documents”) and all
communications in relation to or concerning the Selection Process shall be in
English language and strictly on the forms provided in this RFP. No supporting
document or printed literature shall be submitted with the Proposal unless
specifically asked for and in case any of these Documents (including the
documents required for establishing the eligibility) is in another language, it
must be accompanied by an accurate translation of the relevant passages.
2.21.2 Format and signing of Proposal
The Bidder shall provide all the information sought under this RFP. MbPT
would evaluate only those Proposals that are received in the specified forms
and complete in all respects. All the forms must be signed at appropriate places
by
i) the proprietor in case of proprietary firm.
ii) the partner holding the power of attorney in case of a firm in partnership (a
certified copy of the power attorney shall accompany the proposal).
iii) By duly authorized person holding the power of attorney is case of a Limited
company/JV/Consortium or corporation (a certified copy of the power
attorney shall accompany the proposal).
Bidders should note the Proposal Due Date, as specified in “Schedule of Bid
Selection”. Except as specifically provided in this RFP, no supplementary
material will be entertained by MbPT, and that evaluation will be carried out
only on the basis of Documents received by the closing time of Proposal Due
Date as specified in “Schedule of Bid Selection”. Bidders will ordinarily not be
asked to provide additional material information or documents subsequent to
the date of submission, and unsolicited material if submitted will be summarily
rejected. For the avoidance of doubt, MbPT reserves the right to seek
clarifications under and in accordance with the provisions of Clause 2.21.6.
2.21.3 Technical Proposal
Bidders shall submit the technical proposal online in the formats at Form
1 to 13 in section 6.
The bidder shall download the above formats, fill in the desired
information in hard copy, signing the same by prescribed signatories as
called for therein; scan all the duly filled in formats and upload the same
Tender No.CE.T.96/2017
20
on website under first / technical cover along with scanned copies of
following documents.
i) the bid Security instrument (scan copy of instrument)
ii) Tender Fee / Bid Processing Fee instrument (scan copy of instrument)
iii) all forms are submitted in the prescribed formats and signed by the
prescribed signatories; along-with its supporting documents
Checklist of submissions of documents in Form 1
Letter of Proposal in the prescribed format Form 2 – “Form of
Application”
Bidder’s Profile in format Form 3
Experience credentials of the bidder in form No. 4 along-with its
supporting documents.
Details of key personnel in Form 5
CV of Key Personal Proposed in Form No. 6 with self-certification
and undertaking about their availability for the assignment with
countersign of bidder.
Details of Manning of Proposed Key Personnel in Form 7
Average Turnover of the bidder in Form 8 duly certified by Chartered
Accountant. (In case of consortium, Form 8 shall be filled for all the
consortium members and shall be certified by Chartered Accountant)
Undertaking for not barred or blacklisted in the prescribed Form 9
Undertaking for obtaining Permission to work in India in prescribed
Form 10 (applicable for foreign consultant)
Affidavit of correct information in the prescribed Form 11 on Rs. 100/-
Stamp Paper
Details of sub consultant’s in the Form – 12 with supporting
documents
Power of Attorney, if applicable, is executed as per Applicable Laws;
iv) Joint Venture agreement among consortium members as per Appendix
– V
v) Integrity Pack Agreement on Rs. 100/- stamp paper as per Appendix - VI
NOTE : - BIDDERS MUST NOT INDICATE DIRECTLY OR INDIRECTLY
THEIR FINANCIAL PROPOSAL ANY WHERE IN TECHNICAL PROPOSAL.
ANY SUCH DISCLOSURE SHALL RESULT IN SUMMARILY REJECTION
OF WHOLE OF THE PROPOSAL OF THE CONCERNED BIDDERS
2.21.4 While submitting the Technical Proposal, the bidder shall ensure the following
a) For the experience claimed by the bidder under Form 4. The bidder must
submit a Reference letter or Completion certificate of services duly
Tender No.CE.T.96/2017
21
signed by the client of concerned project, describing the role of the
consultant, area, extent, cost of the project, duration of the project,
quality of services and status of the project, to establish its eligibility
for each of the above technical criteria. In the absence of any such
Reference letter/certificate, any other authorized document which will
prove the completion with justification may be accepted by the MbPT.
The bidder may submit the actual photographs of the project,
brochures etc
b) Key Personnel shall be proposed only if they meet the Conditions of
Eligibility laid down in Appendix II, Section 6 of RFP; no alternative proposal
for any Key Personnel is to be made and only one CV for each position has
to be furnished. The recently signed CVs of key personnel with date in blue
ink and countersigned by the Bidder is essential. Unsigned CVs by
prescribed signatories shall be rejected; the CVs shall contain an
undertaking from the respective Key Personnel about his/her availability for
the duration specified in the RFP)
c) A certificate from Chartered Accountant for establishing Average Annual
Turn Over in the prescribed format Form – 8. In case of consortium Form 8
is required for all consortium members.
d) A bidder may, if it considers necessary, propose suitable Sub-Consultants
in specific areas of expertise. Credentials of such Sub-Consultants should
be submitted in Form- 12. A Sub-Consultant, however, shall not be a
substitute for any Key Personnel.
e) Any other vital information bidder wish to bring out for attaining the
objectives of the assignment.
2.21.5 Financial Proposal
Bidders shall download form no 14A and 14B provided in Section 6 of the
tender and take print out. Fill in requisite information in the same and sign at
appropriate place by prescribed signatories (Authorised signatories). Scan the
copy of both forms and upload in the Financial Bid.
a) the total cost of the Consultancy fee shall be written both figures and words,
in Indian Rupees
b) In the event of any difference between figures and words, the amount
indicated in words shall prevail.
2.21.6 While submitting the Financial Proposal, the bidder shall ensure the following
i) All the costs associated with the assignment shall be included in the
Financial Proposal. These shall normally cover remuneration for all the
Tender No.CE.T.96/2017
22
Personnel (Expatriate and Resident, in the field, office etc.),
accommodation, air fare, equipment, printing of documents, specified
surveys, geo- technical investigations, if required, overheads, expenditure
for presentation during the contract period, sundries etc. The total amount
indicated in the Financial Proposal shall be without any condition attached
or subject to any assumption, and shall be final and binding. In case any
assumption or condition is indicated in the Financial Proposal, it shall be
considered non- responsive and liable to be rejected.
ii) The Financial Proposal shall take into account all expenses to be borne by
the consultant. It shall be excluding GST.
iii) GST as applicable will be paid by MbPT along with the invoice. However,
the bidder is required to submit the receipt regarding payment of GST to the
respective authority along with the next interim bill, failing which their next
bills will not be considered for processing.
iv) Costs (including break down of costs, if any) shall be expressed in INR.
v) Income Tax and any other statutory taxes to be deducted at source, if any,
will be deducted by the Employer in accordance with the Income Tax Act
and any other acts in force and in accordance with instructions issued by
the Authorities on this behalf, from time to time.
vi) The rates quoted shall be firm throughout the period of performance of the
assignment upto discharge of all obligations under the Agreement.
2.21.7 Submission of Proposal :
a) The bidders are requested to submit the proposal online at eprocure.gov.in
in the form and manner described at the website.
b) The bidders are requested to upload their Technical bid and financial bid in
two separate files as provided in the online system.
c) The bidder shall submit all the information called for under clause no.2.21.3
under Technical bid and similarly all the information called under clause
no.2.21.5 under Financial bid.
d) Only the financial instruments i.e. Pay Order/Demand Draft for cost of
Tender Fees and Earnest Money Deposit is to be submitted in physical
form in a sealed cover and deposit the sealed cover in the box
provided in Imprest Office of Civil Engineering Department, Port
Bhavan, 3rd Floor, S.V.Marg, Fort, Mumbai 400001 upto the time and
due date as indicated in Schedule of Selection Process.
e) The sealed cover containing the financial instruments whether sent by
post or by hand delivery must reach the Imprest Clerk of the Civil
Engineering Department, Mumbai Port Trust on or before the due date
Tender No.CE.T.96/2017
23
and time. Offers received late will not be considered even though
posted before the due date and time.
f) Proposals submitted by facsimile transmission, telex or e-mail will not be
acceptable. It will the sole responsibility of the bidder that the proposal
should reach the address before the due date and time. No consideration
for any delay due to postal or courier delay shall be entertained.
2.21.8 Taxes and Duties
The Consultant’s offer shall be exclusive of GST. Income Tax and any other
statutory taxes to be deducted at source, if any, will be deducted by the
Employer in accordance with the Income Tax Act and any other acts in force
and in accordance with instructions issued by the Authorities on this behalf,
from time to time.
GST for Services provided, as applicable will be paid by MbPT while making
payment of Invoice raised. However, the consultant is required to submit proof
of payment of the same to the authorities along with next interim bill due,
without which such bills will not be processed.
In case any new tax introduced by Indian Government by new legislation, the
same will be extra and will be reimbursed by MbPT on production of proof of
payment. However, before payment of such taxes the successful bidder shall
obtain prior approval of the employer
2.21.9 Proposal Due Date
The proposal / bid shall be submitted online on or before the due date
indicated in the ‘Schedule of Bid Selection Process’
The original instruments for bid processing fee and bid security shall be
submitted on the due date as mentioned in clause no. 2.21.7 (d).
MbPT at its sole discreation, may extend the Proposal Due Date by issuing an
Addendum, if any
2.21.10 Late Proposal
Any Proposal received by MbPT after Proposal Due Date and time shall not be
accepted and shall be returned unopened to the Bidder.
2.21.11 MbPT reserves the right to verify all statements, information and
documents, submitted by the Bidder in response to the RFP. Any such
verification or the lack of such verification by MbPT to undertake such
Tender No.CE.T.96/2017
24
verification shall not relieve the Bidder of its obligations or liabilities
hereunder nor will it affect any rights of MbPT thereunder.
2.21.15 Modifications to submitted proposals:
Any alterations, modifications or change in the submitted proposals shall be
sent in writing, sealed, marked, and delivered in accordance with Clause 2.16,
with the envelopes being additionally marked “MODIFICATION”,
“SUBSTITUTION” or “WITHDRAWAL”, as appropriate and must reach Chief
Engineer, MbPT prior to the closing time on last date set for submission of
proposals. No notice of change, alterations or modification of the proposal shall
be accepted after closing time on last date.
2.22 INTEGRITY PACT
The bidder has to execute Integrity Pact Agreement with Mumbai Port Trust (as per Appendix VI). Shri P.K Gopinath, IPoS ( Retd.) has been nominated as Independent External Monitor for the implementation of Integrity Pact whose address is as under:
C-1/143, Bapanagar Behind Delhi High Court New Delhi- 110003 E mail: krishnagopinath@myway.com Scanned Copy of Pre-Contract Integrity Pact (as per Appendix VI) is to be uploaded along with the bid.
Tender No.CE.T.96/2017
25
Instructions for Online Bid Submission
The bidders are required to submit soft copies of their bids electronically on
the CPP Portal, using valid Digital Signature Certificates. The instructions
given below are meant to assist the bidders in registering on the CPP Portal,
prepare their bids in accordance with the requirements and submitting their
bids online on the CPP Portal.
More information useful for submitting online bids on the CPP Portal may be
obtained at: https://eprocure.gov.in/eprocure/app .
REGISTRATION
1) Bidders are required to enroll on the e-Procurement module of the
Central Public Procurement Portal (URL: https://eprocure.gov.in/eprocure/app)
by clicking on the link "Online bidder Enrollment" on the CPP Portal which
is free of charge.
2) As part of the enrolment process, the bidders will be required to
choose a unique username and assign a password for their accounts.
3) Bidders are advised to register their valid email address and mobile
numbers as part of the registration process. These would be used
for any communication from the CPP Portal.
4) Upon enrolment, the bidders will be required to register their valid
Digital Signature Certificate (Class II or Class III Certificates with signing key
usage) issued by any Certifying Authority recognized by CCA India (e.g.
Sify/ nCode / eMudhra etc.), with their profile.
5) Only one valid DSC should be registered by a bidder. Please note that
the bidders are responsible to ensure that they do not lend their DSC's to
others which may lead to misuse.
6) Bidder then logs in to the site through the secured log-in by
entering their user ID / password and the password of the DSC/e-Token.
SEARCHING FOR TENDER DOCUMENTS
1) There are various search options built in the CPP Portal, to facilitate
bidders to search active tenders by several parameters. These parameters
could include Tender ID, Organization Name, Location, Date, Value, etc.
There is also an option of advanced search for tenders, wherein the bidders
may combine a number of search parameters such as Organization Name,
Form of Contract, Location, Date, Other keywords etc. to search for a tender
published on the CPP Portal.
Tender No.CE.T.96/2017
26
2) Once the bidders have selected the tenders they are interested in; they
may download the required documents / tender schedules. These tenders can
be moved to the respective 'My Tenders' folder. This would enable the
CPP Portal to intimate the bidders through SMS/ e-mail in case there is any
corrigendum issued to the tender document.
3) The bidder should make a note of the unique Tender ID assigned to each
tender, in case they want to obtain any clarification/ help from the Helpdesk.
PREPARATION OF BIDS
1) Bidder should take into account any corrigendum published on the
tender document before submitting their bids.
2) Please go through the tender advertisement and the tender document
carefully to understand the documents required to be submitted as part of the
bid. Please note the number of covers in which the bid documents have to be
submitted, the number of documents - including the names and content of
each of the document that need to be submitted. Any deviations from these
may lead to rejection of the bid.
3) Bidder, in advance, should get ready the bid documents to be
submitted as indicated in the tender document / schedule and generally,
they can be in PDF / XLS / RAR / DWF/JPG formats. Bid documents may
be scanned with 100 dpi with black and white option which helps in reducing
size of the scanned document.
4) To avoid the time and effort required in uploading the same set of
standard documents which are required to be submitted as a part of every
bid, a provision of uploading such standard documents (e.g. PAN card copy,
annual reports, auditor certificates etc.) has been provided to the bidders.
Bidders can use "My Space" or ''Other Important Documents'' area available
to them to upload such documents. These documents may be directly
submitted from the "My Space" area while submitting a bid, and need not be
uploaded again and again. This will lead to a reduction in the time required
for bid submission process.
SUBMISSION OF BIDS
1) Bidder should log into the site well in advance for bid submission so that
they can upload the bid in time i.e. on or before the bid submission time.
Bidder will be responsible for any delay due to other issues.
2) The bidder has to digitally sign and upload the required bid documents
one by one as indicated in the tender document.
Tender No.CE.T.96/2017
27
3) Bidder has to select the payment option as "offline" to pay the tender
fee / EMD as applicable and enter details of the instrument.
4) Bidder should prepare the EMD as per the instructions specified in the
tender document. The original should be submitted in the sealed cover as
specified in the tender document in person latest by the last date of bid
submission. The details of the DD/any other accepted instrument, physically
sent, should tally with the details available in the scanned copy and the
data entered during bid submission time. Otherwise the uploaded bid will be
rejected.
5) Bidders are requested to note that they should necessarily submit their
financial bids in the format provided and no other format is acceptable. If the
price bid has been given as a standard f inancial offer format with the tender
document, then the same is to be downloaded and to be filled by all the
bidders. The Scanned copy of financial bid, shall be uploaded in
financial bid at appropriate place. If the financial offer file is found to be
modified by the bidder, the bid will be rejected.
6) The server time (which is displayed on the bidders' dashboard) will be
considered as the standard time for referencing the deadlines for submission
of the bids by the bidders, opening of bids etc. The bidders should follow this
time during bid submission.
7) All the documents being submitted by the bidders would be encrypted
using PKI encryption techniques to ensure the secrecy of the data. The data
entered cannot be viewed by unauthorized persons until the time of bid
opening. The confidentiality of the bids is maintained using the secured Socket
Layer 128 bit encryption technology. Data storage encryption of sensitive fields
is done. Any bid document that is uploaded to the server is subjected to
symmetric encryption using a system generated symmetric key. Further this
key is subjected to asymmetric encryption using buyers/bid openers public
keys. Overall, the uploaded tender documents become readable only after the
tender opening by the authorized bid openers.
7) The uploaded tender documents become readable only after the tender
opening by the authorized bid openers.
8) Upon the successful and timely submission of bids (i.e. after Clicking
"Freeze Bid Submission" in the portal), the portal will give a successful bid
submission message & a bid summary will be displayed with the bid no. and
the date & time of submission of the bid with all other relevant details.
9) The bid summary has to be printed and kept as an acknowledgement of
the submission of the bid. This acknowledgement may be used as an entry
pass for any bid opening meetings.
Tender No.CE.T.96/2017
28
ASSISTANCE TO BIDDERS
1) Any queries relating to the tender document and the terms and conditions
contained therein should be addressed to the Tender Inviting Authority for a
tender or the relevant contact person indicated in the tender.
2) Any queries relating to the process of online bid submission or queries
relating to CPP Portal in general may be directed to the 24x7 CPP Portal
Helpdesk. The contact number for the helpdesk is 1800 3070 2232. Foreign
bidder can get help at +91-79-40007451 to 460.
………………...
Tender No.CE.T.96/2017
29
MUMBAI PORT TRUST CIVIL ENGINEERING DEPARTMENT
Tender No.E.96/2017
Section 3
EVALUATION OF THE BIDS AND SELECTION OF THE CONSULTANTS
Tender No.CE.T.96/2017
30
Section 3
Eligibility Criteria and Evaluation of bids for selection of consultant
The bidder shall meet following eligibility criteria
3.1 Minimum Eligibility Criteria :-
3.1.1 General
Bidder can be single entity or consortium of not more than three members,
Bidder or any of the member of consortium shall have office in Mumbai or undertake to establish office in Mumbai within one month from the date of award of contract.
International bidder shall have license to work in India, if bidding in individual capacity or shall obtain the same within one month from the date of award of contract (no payment will be effected till such license is obtained)
3.1.2 Technical Experience of the Bidder
Planning including design of marina infrastructure with or without its
associated facilities for minimum of 200 boats / yachts during last 7 years
i.e. from 01.10.2010 till Proposal submission date.
(It is to be met with by the bidder or lead member of the consortium.)
And
Prepared Detailed Project Report (DPR) or Provided PMC services for one
Port or Port related project in marine environment of minimum of Rs. 50
Crores (Rs.500 million) during last 7 years i.e. from 01.10.2010 until
proposal submission date.
3.1.3 Financial Criteria: (To be filled in Form 8)
The bidder should have Average Annual Turnover in the last three financial
years i.e. 2014-15. 2015-16 and 2016-2017 of Minimum Rs.15 Crores (Rs.150
Million) (In case the bidder has been paid in US dollars, the exchange rate for
US dollar will be considered as 1 USD = INR 65/-). In case of consortium the
combined turnover shall be the algebraic sum of all the consortium members.
The turnover certificate of bidder / each consortium member duly certified by
Chartered Accountant shall be furnished with the bid.
3.2 Technical Evaluation of bids :
The bids satisfying the minimum eligibility criteria under Clause No.3.1 shall be
examined in details for their technical capabilities in terms of experience of the bidder,
proposed team of expert for the project and approach and methodology for the subject
work.
Tender No.CE.T.96/2017
31
The total Technical marks are 100 and are assigned to various technical criteria
as per the Evaluation Criteria shown in the following table:3.2.1
3.2.1 Section A: (Total Marks 40) Experience of bidder
Sr.
No. Particulars
Max.
Marks Criteria
Bidders relevant experience-
will consist of the following :
40
(Total )
1 The bidder or lead member of
the consortium :- Planning
including design of marina
infrastructure for marina with or
without its associated facilities
for minimum of 200 boats /
yachts during last 7 years i.e.
from 01.10.2010 till Proposal
submission date.
15
For one completed project, 9
marks will be awarded. For
every additional similar
completed project additional 2
marks will be awarded with a
cap of maximum of 15 marks.
2 The bidder or any member of the
consortium :- Detailed Project
Report (DPR) or provided PMC
services for one Port or Port
related project in marine
environment of minimum of
Rs.50 Crores (Rs.500 million)
during last 7 years i.e. from
01.10.2010 until proposal
submission date.
07 until proposal submission
date
10
For one completed project, 6
marks will be awarded. For
every additional similar
completed project additional 2
marks will be awarded with a
cap of maximum of 10 marks.
3 The bidder or any member of the
consortium :- International
Experience of Planning and
Design of Marina of Min 200
boats / yacht during last 7 years
i.e. from 01.10.2010 until
proposal submission date
5
For one completed project, 3
marks will be awarded. For
every additional similar
completed project additional 1
marks will be awarded with a
cap of maximum of 5 marks.
4
The bidder or any member of
the consortium :- Marketed one
real estate project minimum
investment of Rs. 50 Crores.
(Rs.500 million) during last 7
years i.e. from 01.10.2010 till
Proposal Due date
10
For one completed project, 6
marks will be awarded. For
every additional similar
completed project additional 2
marks will be awarded with a
cap of maximum of 10 marks.
Total marks (Section A) 40
3.2.2 Section B: (Total Marks 40) Marks for proposed team of expert’ composition
Tender No.CE.T.96/2017
32
is distributed in the table below
The proposed team shall consist of following key personnel. The qualification,
experience along with role and responsibilities is detailed in Appendix II.
Sr.
No. Key Personnel
Max.
Marks Criteria
Relevant Experience of the
key personnel will consist of
the following:
40
(Total)
1 Team Leader :- Civil Engineer
experienced in Marine works 10
If key person fulfils the minimum
Qualification Criteria prescribed in
“Key Personnel Table”, 6 marks will
be allotted. Additional 2 marks will
be allotted for every additional
relevant experience is of Marina
Development. Max marks being 10.
2 Architect – Urban Planner 5
If the key person fulfils the Minimum
Qualification Criteria prescribed in
“Key Personnel Table”, 3 marks will
be allotted. The additional 1 marks
will be allotted for every additional
experience on Marina or similar area.
Max marks being 5.
3 Financial Expert 8
If the key person fulfils the Minimum
Qualification Criteria prescribed in
“Key Personnel Table”, 4 marks will
be allotted. The additional 2 marks
will be allotted for every additional
experience on PPP or similar area.
Max marks being 8.
4 Legal Expert 5
If the key person fulfils the Minimum
Qualification Criteria prescribed in
“Key Personnel Table”, 3 marks will
be allotted. The additional 1 marks
will be allotted for every additional
experience on PPP or similar area.
Max marks being 5.
5 Infrastructure Expert 5
If the key person fulfils the Minimum
Qualification Criteria prescribed in
“Key Personnel Table”, 3 marks will
be allotted. The additional 1 marks
will be allotted for every additional
experience of Infrastructure planning
or Marina or similar area as
Tender No.CE.T.96/2017
33
mentioned in “Key Personnel Table”,
Max marks being 5.
6 Marine Expert / Engineer 7
If the key person fulfils the Minimum
Qualification Criteria prescribed in
“Key Personnel Table”, 4 marks will
be allotted. The additional 1 marks
will be allotted for every additional
experience of experience on Marina /
Port or similar area as mentioned in
“Key Personnel Table”, Max marks
being 7.
3.2.3 Section C : (Total Marks 20)
1 Approach and Methodology
(write up) 20
Marks shall be awarded based on the
quality of approach and
methodology,.
3.2.4 Total Technical score (Pe)
Total Technical score (Pe) = summation of marks of obtained under Section A (Clause
No.3.2.1), Section B (Clause No.3.2.2) & Section C (Clause No.3.2.3)
TOTAL MARKS (Section
A+B+C)
100
Bidders securing minimum 70 marks out of total 100 marks of Section A, B and
C combined together. The bids of bidders who had not secured minimum 70
marks will not be processed for opening of their Financial Proposal.
3.2.5 Explainatory notes
i. In case of consortium, the experience of lead member and other members
of consortium shall be considered as per the table above.
ii. The experience of the parent/sister company shall be considered provided
they submit an Undertaking from the parent company stating
a. The bidder or the lead company in case of JV/Consortium is their
subsidiary company/organisation.
Tender No.CE.T.96/2017
34
b. In the event the bidder is declared as successful Consultant, the parent
company and the Subsidiary company/organization undertake to be jointly
and severally responsible for all obligations and liabilities relating to the
Consultancy and in accordance with the terms of the RFP and the contract
for the performance of the contract
c. Provide all the necessary skills, support and manpower to complete the
services mentioned in Terms of the RFP.
d. Take the joint responsibility of the all deliverables from the Indian
Subsidiary.
iii. The bidder must submit a Reference letter or Completion certificate of
services duly signed by the client of concerned project, describing the role
of the consultant, area, extent, cost of the project, duration of the project,
quality of services and status of the project, to establish its eligibility for
each of the above technical criteria. In the absence of any such Reference
letter/certificate, any other authorized document which will prove the
completion with justification may be accepted by the MbPT
iv. The meaning of “completion “shall be considered according to the project as
mentioned below
Sr.
No
Project for experience Completion meaning
1 The bidder or lead member of the
consortium :- Planning including
design of marina infrastructure for
marina with or without its associated
facilities for minimum of 200 boats /
yacht during last 7 years i.e. from
01.10.2010 till Proposal submission
date.
The entire scope of designing should
have been completed up to min. 80 %
of the scope of work substantiated by
reference letter or completion letter
from the client
2 The bidder should have prepared
Detailed Project Report (DPR) or
provided PMC services for one Port
or Port related project in marine
environment of minimum of Rs.50
Crores (Rs.500 million) during last 7
years i.e. from 01.10.2010 until
proposal submission date.
The work should be completed at-least
up to the submission of Draft DPR to
Project authority or for PMC completion
of execution upto 80% of the work
substantiated by reference letter or
completion letter from the client
3 The bidder or any member of the
consortium :- Marketed one real
estate project minimum investment
of Rs.50 Crores. (Rs.500 million)
during last 7 years i.e. from
01.10.2010 till Proposal Due date
The work should be completed
substantially i.e. at-least 90% to be
substantiated by reference letter or
completion letter from the client
Tender No.CE.T.96/2017
35
3.3 Financial Evaluation of bid 3.3.1 The bidders who will obtain minimum 70 marks in the Technical Evaluation, will
be called as “Technically Qualified”. The financial bids of the bidders who do
not qualify in Technical Evaluation shall be returned unopened.
3.3.2 Opening and evaluation of Financial Proposal.:
Financial Proposal of responsive bidders “Technically Qualified”, who are found
acceptable on scrutiny of technical contents and satisfy the criteria for
evaluation, as specified in Clause-3.3.1 above of Proposal Document will be
opened in the presence of authorized representative of concerned bidders
along with letter of authorisation. Not more than two representatives per bidder
shall be permitted to remain present for bid opening. The date and venue of
opening of financial proposal will be conveyed to qualified bidders.
3.3.3 The financial proposals will be evaluated and awarded financial score (Pf) as
per below mentioned formula. Financial proposal with any counter conditions or
ambiguous remarks shall be rejected
Pf = 100 X Financial Proposal of Lowest bidder________
Financial Proposal of the bidder under consideration
3.4 Selection and ranking of bidders :
QCBS procedure shall be adopted with 70% weightage to Technical and 30%
weightage to the Financial bid quoted as per the Formula given below.
Composite Score (S) = ( Pe X 0.7 ) + (Pf X 0.3)
Where Pe = Total Technical Score obtained under Clause No.3.2.4
Pf = Total Technical Score obtained under Clause No.3.3.3
3.4.1 Bidders will be ranked based on Composite Score (S), the highest scorer will
be awarded 1st rank. Two more bidders having next ranking scores shall be
kept in waiting.
3.4.2 In case two bidders get equal Composite Score, the bidder offering the lowest
Financial quote shall be selected.
3.5 The work will be awarded to 1st rank bidder under normal circumstances.
3.6 Award of the Consultancy
Tender No.CE.T.96/2017
36
3.6.1 Prior to the expiration period of proposal validity/ extended validity, the MbPT
will notify the successful bidder evaluated as per clause no.3.4 above, in writing
by email/ registered letter, or facsimile. The party selected for award of
assignment shall be issued a Letter of Award by MbPT. This letter along with
written acknowledgement of the successful party shall constitute contract
between the party/ies with Employer, till signing of formal agreement.
3.6.2 The Key personnel as mentioned in the RFP shall not be replaced during
assignment.
3.6.3 MbPT will examine the CVs of all other Professional Personnel and those key
personnel not found suitable shall be replaced by the Bidder to the satisfaction
of MbPT.
3.6.4 MbPT will examine the credentials of all Sub-Consultants if proposed for this
Consultancy and those not found suitable shall have to be replaced by the
bidder to the satisfaction of the MbPT.
3.6.5 Within 21 days of date of issue of Letter of Award, the successful party shall
furnish a performance security for satisfactory completion of the Assignment, in
the form of a Bank Guarantee as prescribed in APPENDIX- III and
simultaneously sign formal agreement of Proposal Document with such
modifications as may be necessary and the correspondence exchanged up to
and including the stage of award of the contract and the letter of acceptance.
All costs, charges and expenses including the stamp duty incurred in
connection with this Contract for preparation and completion of Agreement will
be borne by the MbPT. Until such Contract Agreement is executed the
acceptance of the bid/ tender in terms of the Contract as defined shall be
binding upon the parties and shall be the Contract. The Consultant's bills will
not be passed for payment until the Contract Agreement is executed.
3.6.6 Failure of the Successful Bidder to comply with the requirement shall constitute
sufficient grounds for the annulment / withdrawal of the LOA. In such an event,
MbPT reserves the right to :
Either invite the next best Bidder for negotiations; or
Take any such measures as may be deemed fit in the sole discretion of
MbPT, including annulment of the Selection process.
3.6.7 The consultant shall be required to mobilise manpower and other logistic
support and technical support, within 15 days from the date of signing the
agreement which will be treated as date of commencement of services.
3.6.8 Contacts during Proposal Evaluation –
Tender No.CE.T.96/2017
37
Proposals shall be deemed to be under consideration immediately after they are
opened and until such time the MbPT makes official intimation of award/
rejection to the Bidders. While the Proposals are under consideration, Bidders
and/ or their representatives or other interested parties are advised to refrain
from contacting by any means, MbPT and/ or their employees/ representatives
on matters related to the Proposals under consideration.
3.3 Performance Security:
Within 21 days of issue of letter of award from the Employer, the successful
firm shall furnish to the Employer a Performance Security in the form of a Bank
Guarantee of a scheduled / nationalized bank or any reputed foreign bank from
its Mumbai branch for an amount equivalent to 10% of the award cost. Failure
of the successful party to lodge the required bank guarantee shall constitute
sufficient grounds for the termination of contract. The performance security
shall remain in force until six months from the date of issue of completion
certificate of this assignment and will be discharged thereafter. The obtaining
of such guarantee (and the cost of guarantee), shall be at the expense of the
firm.
3.4 Extension of validity of proposal:
If it becomes necessary, MbPT may request the parties, in writing, to extend
validity of proposals.
3.5 MISCELLANEOUS
3.5.1 The Selection Process shall be governed by, and construed in accordance
with, the laws of India and the Courts at Mumbai shall have exclusive
jurisdiction over all disputes arising under, pursuant to and/ or in connection
with the Selection Process.
3.5.2 MbPT, in its sole discretion and without incurring any obligation or liability,
reserves the right, at any time, to;
(a) Suspend and/ or cancel the Selection Process and/ or amend and/ or
supplement the Selection Process or modify the dates or other terms
and conditions relating thereto;
(b) Consult with any Bidder in order to receive clarification or further information;
(c) Retain any information and/ or evidence submitted to MbPT by, on behalf
of, and/ or in relation to any Proposal; and/ or
(d) Independently verify, disqualify, reject and/ or accept any and all
submissions or other information and/ or evidence submitted by or on behalf
of any Bidder.
3.5.3 It shall be deemed that by submitting the Proposal, the Bidder agrees and
releases MbPT, its employees, agents and advisers, irrevocably,
Tender No.CE.T.96/2017
38
unconditionally, fully and finally from any and all liability for claims, losses,
damages, costs, expenses or liabilities in any way related to or arising from the
exercise of any rights and/ or performance of any obligations hereunder,
pursuant hereto and/ or in connection herewith and waives any and all rights
and/ or claims it may have in this respect, whether actual or contingent, whether
present or future.
3.6 Confidentiality
Information relating to the examination, clarification, evaluation and
recommendation for the Proposals shall not be disclosed to any person who
is not officially concerned with the process or is not a retained professional
advisor advising MbPT in relation to or matters arising out of, or concerning
the Selection Process. MbPT will treat all information, submitted as part of the
Proposal, in confidence and will require all those who have access to such
material to treat the same in confidence. MbPT may not divulge any such
information unless it is directed to do so by any statutory entity that has the
power under law to require its disclosure or is to enforce or assert any right
or privilege of the statutory entity and/ or MbPT.
---------------------
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina Tourism Hub 39
MUMBAI PORT TRUST
CIVIL ENGINEERING DEPARTMENT
Tender No.E.96/2017
Section 4
GENERAL CONDITIONS OF CONTRACT
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina Tourism Hub 40
Section 4
GENERAL CONDITIONS OF CONTRACT
4.1 General Provisions
4.1.1 Definitions
Unless the context otherwise requires, the following terms whenever used in
this Contract shall have the following meanings:
(a) "Employer" means The Board of Trustees of the Port of Mumbai, a body
incorporated under the Major Port Trust Act,1963, acting through its
Chairman, Deputy Chairman or the Chief Engineer or any other officers so
nominated by the Board.
(b) "Applicable Law" means the laws and any other instruments having the
force of law in India, as they may be issued and in force from time to time;
(c) "Contract" means the Contract signed by the Parties, to which these
General Conditions of Contract are attached, together with all the
documents listed in letter of award;
(d) “Consultant / Bidder” means any entity or person that may provide or
provides the Services to the Employer under the Contract.
(e) "Effective Date" means the date on which this Contract comes into force
and effect pursuant to Clause General Condition 4.2.1;
(f) "Foreign Currency" means currency in US Dollars or the currency of the
home country of Consultant;
(g) "GC" means these General Conditions of Contract;
(h) "Government" means the Government of India;
(i) "Local Currency" means Indian Rupees;
(j) "Member", in case the Consultants consists of a joint venture of more than
one entity, means any of these entities, and "Members" means all of these
entities;
(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; "Foreign Personnel" means such persons who at the
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina Tourism Hub 41
time of being so hired had their domicile outside India; "Local Personnel"
means such persons who at the time of being so hired had their domicile
inside India.
(l) "Party" means the Employer or the Consultants, as the case may be, and
Parties means both of them;
(m) Proposal means the Technical Proposal and the Financial Proposal
(n) "Services" means the work to be performed by the Consultants pursuant
to this Contract for the purposes of the Project, as described in
APPENDIX- I hereto;
(o) "Sub-consultant" means any entity to which the Consultants subcontract
any part or the Services in accordance with the Form 12;
(p) Terms of Reference “means the document included in this Proposal
Document at Appendix I which explains the objectives, scope of work,
activities, tasks to be performed, respective responsibilities of the
Employer and the Consultant, and expected results and deliverables of
the Assignment / Job.
(q) "Third Party" means any person or entity other than the Government, the
Employer, the Consultants or a Sub-consultant.
(r) "Approved / approval" means the approval in writing.
4.1.2 Relations between the Parties
Nothing contained herein shall be construed as establishing a relation of
master and servant or of agent and principal as between the Employer and the
Consultants. The Consultants, subject to this contract, have complete charge
of Personnel performing the Services and shall be fully responsible for the
services performed by them or on their behalf hereunder.
4.1.3 Law Governing the Contract
This Contract, its meaning and interpretation, and the relation between the
Parties shall be governed by the Applicable Law in India.
4.1.4 Language
This Contract shall be executed in the English language, which shall be binding
and controlling language for all matters relating to the meaning or interpretation
of this contract.
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina Tourism Hub 42
4.1.5. Headings
The headings shall not limit, alter or affect the meaning of this Contract.
4.1.6 Notices
Any notice, request or consent required or permitted to be given or made
pursuant to this Contract shall be in writing. Any such notice, request or
consent shall be deemed to have been given or made when delivered in person
to an authorised representative of the party to whom the communication is
addressed, or when sent by registered mail, telex, telegram or facsimile to such
Party at the address given in the proposal document for issue of proposal
document.
4.1.7 Location
The Services shall be performed at such locations are specified in
APPENDIX-I hereto and, where the location of a particular task is not so
specified, at such locations, whether in India or elsewhere, as the Employer
may approve.
4.1.8 Authority of Member in Charge
In case the Consultants consist of a joint venture of more than one entity, the
members hereby authorize the Member in Charge selected by the consortium
members as stipulated in Joint Venture agreement submitted along with the
bid, to act on their behalf in exercising all the Consultant's rights and
obligations towards the Employer under this Contract, including without
limitation the receiving of instructions and payments from the Employer.
4.1.9 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 authorized representative
specified in bid document.
All the correspondence and submittals shall be addressed to,
The Chief Engineer,
Civil Engineering Department
Mumbai Port Trust
3rd floor, Port Bhavan,
Ballard Estate Mumbai 400 001.
Tel. No. 022 66564031
Fax No. 022 22616804
E mail : ce@mbptmail.com
or his representative thereof.
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina Tourism Hub 43
4.1.10 Taxes and Duties
Taxes and Duties payable by the consultants shall be as per Clause 2.21.8 of Instructions to Bidders.
4.2 Commencement, Completion, Modification and Termination of Contract.
4.2.1 Effectiveness of Contract
This Contract shall come into force and effect on the date of the receipt of
Employer's letter of award by the consultants. This notice shall constitute
agreement between Employer and the consultant till formal agreement has
been signed.
4.2.2 Commencement of Services
The consultants shall commence the Services as soon as possible but later
than15 days from the date of letter of award issued by the Employer.
4.2.3 Expiration of Contract
Unless terminated earlier pursuant to Clause General Condition 4.10 hereof,
this Contract shall expire when services have been completed and confirmed
by the Employer by issuing completion certificate.
4.2.4 Amendment to Agreement
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.
4.3 Force Majeure
4.3.1 Definition
(a) For the purposes of this Contract, "Force Majeure" means an event which is
beyond the reasonable control of a Party, and which makes 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 disorder, earthquake, fire explosion,
storm, flood or other adverse weather conditions, strikes, lockouts or other
industrial action (except where such strikes, lockouts or other industrial
action are within the power of the Party invoking Force Majeure to prevent),
confiscation or any other action by government agencies.
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina Tourism Hub 44
(b) Force Majeure shall not include (i) any event which is caused by the
negligence or intentional action of a Party or such Party's sub-consultants or
agents or employees, nor (ii) any event which a diligent Party could
reasonably have been expected to both (A) take into account at the time of
the conclusion of this Contract and (B) avoid or overcome in the carrying out
of its obligations hereunder.
(c) Force Majeure shall not include insufficiency of funds or failure to make any
payment required hereunder.
4.4 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 any 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.
4.5 Measures to be taken
(a) A Party affected by an event of Force Majeure shall take all reasonable
measures to remove a 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 following the occurrence of such event, providing evidence of the
nature and cause of such event, and shall similarly give notice of the
restoration of normal conditions as soon as possible.
(c) The Parties shall take all reasonable measures to minimize the
consequences of any event of Force Majeure.
4.6 Extension of Time
Any period within which a Party shall, pursuant to this Contract, complete any
action or task, shall be extended for a period equal to the time during which
such Party was unable to perform such action as a result of Force Majeure.
4.7 Payments
During the period of their inability to perform the Services as a result of an
event of Force Majeure, the Consultants shall be entitled to be reimbursed for
additional costs reasonably and necessarily incurred by them during such
period for the purposes of the Services and in reactivating the Services after
the end of such period.
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina Tourism Hub 45
4.8 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.
4.9 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 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 period not exceeding thirty (30) days after receipt by the
Consultants of such notice of suspension.
4.10 Termination
4.10.1 By the Employer
The Employer may, by not less than thirty (30) days written notice of
termination to the Consultants for the occurrence of any of the events specified
hereunder, 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 General Condition 4.9 hereinabove, within thirty (30) days of receipt
of such notice of suspension or within such further period 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 4.29 General Condition
hereof;
(d) If the Consultants submit to the Employer a statement which has a material
effect on the rights, obligations or interests of the Employer and which the
Consultants know to be false.
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina Tourism Hub 46
(e) if, as a result of Force Majeure, the Consultants are unable to perform a
material portion of the Services for a period of not less than sixty (60) days;
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.
4.10.2 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 hereunder, terminate this Contract;
(a) If the Employer fails to pay any money due to the Consultants pursuant to
this Contract other than the amount in dispute pursuant to Clause 4.28
hereof within forty-five (45) 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 period 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 a period of not less than sixty (60) days;
or
(d) If the Employer fails to comply with any final decision reached as a result of
arbitration pursuant to Clause General Condition 4.28 hereof.
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina Tourism Hub 47
4.11 Cessation of Rights and Obligations
Upon termination of this Contract pursuant to Clause 4.10 of General Condition
hereof, or upon expiration of this Contract pursuant to Clause 4.6 of General
Condition 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 4.17 of General Condition
hereof;
iii) any right which a Party may have under the Applicable Law.
4.12 Cessation of Services
Upon termination of this Contract by notice of either Party to the other pursuant
to Clauses 4.10 of General Condition 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 Clause 4.21 and 4.22 of General Condition hereof.
4.13 Payment upon Termination
Upon termination of this Contract pursuant to Clauses of 4.10 of General
Condition or Clause 4.11 of General Condition hereof, the Employer shall make
the payments to the Consultants pursuant to Clause 4.7 of General Condition
hereof for Services satisfactorily performed prior to the effective date of
termination; after offsetting against these payments any amount that may be
due from the Consultant:
4.14 Disputes about Events of Termination
If either Party disputes whether an event specified in paragraphs (a) through (g)
of Clause 4.10.1 of General Condition or in Clause 4.10.2 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 arbitration pursuant to Clause 4.7 of
General Condition hereof, and this Contract shall not be terminated on account
of such event except in accordance with the terms of any resulting arbitral
award.
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina Tourism Hub 48
4.15 Obligations of the Consultants
4.15.1 General
4.15.1.1 Standard of Performance
The Consultants shall perform the Services and carry out their obligations
hereunder with all due diligence, efficiency and economy, in accordance with
generally accepted professional techniques and practices, and shall observe
sound management practices, and employ appropriate advanced technology
and safe and effective equipment, machinery, materials and methods. The
Consultants shall always act, in respect of any matter relating to this Contract
or to the Services, as faithful advisers to the Employer, and shall at all times
support and safeguard the Employer's legitimate interest in any dealings with
sub-consultants or Third Parties.
4.15.1.2 Law Governing Services
The Consultants shall perform the Services in accordance with the Applicable
Law and shall take all practicable steps to ensure that any sub-consultants, as
well as the Personnel and agents of the Consultants and any sub-consultants,
comply with the Applicable Law.
4.16 Conflict of Interests
4.16.1 Consultants not to Benefit from Commissions, Discounts etc.
The remuneration of the Consultants pursuant to Clause 4.7 of General
Condition hereof shall constitute the Consultants' sole remuneration in
connection with this Contract or the Services and, the Consultants shall not
accept for their own benefit any trade commission, discount or similar payment
in connection with activities pursuant to this Contract or to the Services or in the
discharge of their obligations 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.
4.16.2 Consultants and Affiliates not to engage in certain Activities
The Consultants agree that, during the term of this Contract and after its
termination, the Consultants and any entity affiliated with the Consultants, as
well as any 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.
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina Tourism Hub 49
4.16.3 Prohibition of Conflicting Activities:
Neither the Consultants nor their sub-consultants nor the Personnel of either
of them shall engage, either directly or indirectly, in any of the following
activities:
(a) during the term of this Contract, any business or professional activities in
India which would conflict with the activities assigned to them under this
Contract; or
(b) after the termination of this Contract, such other activities objectionable to
Employer.
4.17 Confidentiality
The Consultants, their sub-consultants and the Personnel of either of them
shall not, either during the term or 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.
4.18 Indemnifications
The Consultant shall indemnify, protect and defend at the consultant's own
expense, the Employer and its agents and employees from and against any
and all actions, claims, losses or damages arising out of any violation by the
consultant or in the course of the services of any legal provisions, or any rights
or third parties, in respect of literary property rights, copyrights, or patents.
4.19 Accounting, Inspection and Auditing
The Consultants shall follow standard accounting practices for maintaining their
accounts and shall permit the nominated or authorised representatives of
Employer to inspect the Consultant's account and records related to the
performance of the Consultant, if so required by the Employer.
4.20 Consultants’ Actions requiring Employer’s prior Approval
The Consultants shall obtain the Employer’s prior approval in writing before
taking any of the following actions:
(a) appointing such members of the Personnel which are not listed in
APPENDIX- II (“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
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina Tourism Hub 50
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;
4.21. Documents Prepared by the Consultants to be the Property of Employer
All plans, drawings, specifications, designs, reports correspondence and other
documents prepared by the Consultants in performing the Services 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 shall not use these documents for purposes unrelated to this
Contract without the prior written approval of the Employer.
4.22 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
separately, shall be the 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 hand over such equipment and materials to the Employer.
4.23 Working Hours, Overtime, Leave, etc.
Working hours of key personnel shall normally be 10 hours a day and six days
a week. However, the consultant has to complete the job in prescribed time
frame and the Employer shall not make any payment for any overtime.
4.24 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, subject to provision of Clause 4.20 of General
Conditions 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 replace such a person with a
person of qualifications and experience acceptable to the Employer.
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina Tourism Hub 51
(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 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.
4.25 Obligations of the Employer
4.25.1 Assistance and Exemptions
The Employer shall use its best efforts to ensure that the Government shall:
(a) provide the Consultants, Sub-consultants and Personnel with work permits
and such other documents as shall be necessary to enable the Consultants,
Sub-consultants or Personnel to perform the Services;
(b) assist for the Personnel and, if appropriate, their eligible dependents to be
provided promptly with all supporting papers for necessary entry and exit
visas, residence permits, exchange permits and any other documents
required for their stay in India;
(c) facilitate prompt clearance through customs of any property required for the
Services;
(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 for 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) provide to the Consultants, Sub-consultants and Personnel any such other
assistance as may be required from time to time.
4.25.2 Change in the Applicable Law
If, after the closing date of bid submission, there is any change in the
Applicable Law with respect to taxes and duties which increases or decreases
the cost or expenses incurred by the Consultants in performing the Services,
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina Tourism Hub 52
then the payment to be made to consultants under this Contract shall be
increased or decreased accordingly and corresponding adjustments shall be
made to the quoted amounts specified in the accepted offer.
4.26 Payments to the Consultants
4.26.1 Cost Estimates:
The Employer shall pay the Consultant for normal Services in accordance with
the Conditions and with the details stated in APPENDIX-I and shall pay for
Additional Services if any ordered by the Employer in writing at rates and prices
which are given in or based on those in APPENDIX -I so far as they are
applicable but otherwise as agreed mutually.
4.26.2 Remuneration and Reimbursable Expenditures
It is understood that the total fees quoted by Consultants cover (A) such
salaries and 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 back supporting staff not included in the Personnel listed in APPENDIX - I
and (C) the Consultants’ fee, (D) bonuses or other means of profit-sharing, if
any, and (E) all other expenditure involved in providing the services as per the
agreement which are not specifically stated herein above.
4.26.3 Currencies of Payment
(a) All payments by the Employer under this contract will be made only in
Indian Rupees. If any overseas bidder wants to transfer to his country a
portion i e; as permitted by Reserve Bank of India time to time, the contract
price he wants to repatriate, the Employer will give such assistance as a
certificate or a letter to Reserve Bank of India as will help the consultant to
convert that part of Indian Rupees into foreign exchange. It is for the bidder
to obtain requisite clearances from all the concerned authorities in India for
repatriation.
(b) The transfer may be done from time to time; but every time, the certificate
by the Employer will be for the actual amount payable by the Employer as
per the terms of the contract - up to the stage of payment multiplied by the
maximum permitted limit or requirement of consultant whichever is less.
4.26.4 Mode of Billing and Payment
Billing and payments in respect of the Services shall be made in stages as per
APPENDIX I: -
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina Tourism Hub 53
(a) The Consultants shall submit to the Employer, in duplicate, itemized
statements and other appropriate supporting materials, of the amounts
payable as per APPENDIX I.
(b) The payment for the interim running account bills (R.A. Bill) shall be made
to the Consultant within 15 days of date of certification of the bill by the
Employer. For the final bill, the payment shall be made within 45 days of
the day of certification of the bill by the Employer provided that there should
not be any disputed item. If bills are in order and there are no disputed
items, the bills shall be certified by the Employer within 15 working days of
the receipt of the bill by the Employer. In case Employer feels the submitted
bill is not in line with the agreement, the same shall be returned to
consultants promptly within 15 days to resubmit the bill in acceptable form
or withdraw the bill if it is disputed or beyond the scope of agreement. 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.
(c) In the event the consultant has substantially fulfilled the requirement of the
submissions of a stage mentioned in the time and payment schedule of
Appendix I, the MbPT may consider the part payment of the particular
stage. The decision of MbPT shall be final in this regard.
(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 forty five (45) calendar days after receipt of the final report
and final statement by the Employer unless the Employer, within such forty
five (45) day period, 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.
(e) 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
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina Tourism Hub 54
and a final statement approved by the Employer in accordance with the
above.
4.26.5 Penalty :
The Consultant shall be levied a Penalty of at the rate of 1% per week or part
thereof of delay subject to a maximum of 5% of the stage payment as per
Payment & Time Schedule mentioned in Appendix-I in case the consultant fails
to submit the Deliverables within the stipulated period as per Payment & Time
Schedule mentioned in Appendix-I unless the extended period is approved by
the MbPT and
4.27 Fairness and Good Faith
4.27.1 Good Faith
The Parties undertake to act in good faith with respect to each other’s right
under this Contract and to adopt all reasonable measures to ensure the
realization of the objectives of this Contract.
4.28 Settlement of Disputes
4.28.1 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.
4.28.2 Dispute Settlement
4.28.2.1 If the parties cannot resolve any such dispute then disputes shall be
referred to the arbitration. If any dispute or difference of any kind whatsoever,
concerning suitability or otherwise of the personnel employed by the consultant,
the quality of services performed by the consultant, compliance with the
procedure of the Employer. in respect of which the Employer's decision shall be
final and binding on consultant. If any dispute or differences arise other than
specified above, in connection with or arising out of the Contract Agreement or
its construction or the carrying out of the Services (whether during the progress
of the works or after their completion and whether before or after the
determination, abandonment, breach of the Contract Agreement), it shall be
referred to the Arbitration as per the provisions of the Arbitration and
Conciliation Act 1996 & amendments, if any. The venue of Arbitration
proceedings shall be Mumbai, India. The fees of the Arbitrators shall be borne
by each party equally.
4.28.2.2 In case of any dispute or difference referred to above, the Consultant
shall not stop the work but shall proceed with the work with due diligence and
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina Tourism Hub 55
until the receipt of the award in the dispute, decision of the Employer on all
such matters shall be binding on the Consultant.
4.28.2.3 In case of any legal dispute between Mumbai Port Trust and the
Consultant, the courts at Mumbai only will have the jurisdiction to hear and
settle the dispute.
4.28.2.4 While invoking arbitration the consultant shall give a list of disputes with
amounts in respect of each dispute along with the notice for appointment of
Arbitrator.
4.29 If the Consultant does not make any demand for appointment of Arbitrator in
respect of any claims in writing as aforesaid before certification of final stage
payment by the Employer, the claim of Consultant shall be deemed to have
been waived and absolutely barred and the Employer shall be discharged and
absolved of all liabilities under the contract.
********
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina Tourism Hub 56
MUMBAI PORT TRUST CIVIL ENGINEERING DEPARTMENT
Tender No.E.96/2017
Section 5
APPENDICES
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina Tourism Hub 57
Section 5 (Appendices)
Appendix-I
TERMS OF REFERENCE (TOR)
Appointment of Consultant for Preparation of Detail Project Report for Marina
at MbPT, Mumbai
1. Broad scope of services :
1.1 Detailed Project Report : - Covering Technical Feasibility and Financial Viability
with financial implementation structuring of entire project
1) Evaluation of site – “Princess Dock” identified by MbPT for Marina. The
consultant shall evaluate the site proposed for Technical Feasibility and
Financial Viability. The consultant shall also examine the feasibility from
statutory regulations including the development control regulations,
Environment and CRZ regulations. The report shall include broad cost of all
the components of the project.
2) Conceptual planning for marina and its ancillary facilities.
3) Comprehensive layout plan for Marina and its ancillary facilities with
probable built up areas for each component and its layout,
4) Design for Marina not limited to its berthing facilities, walkways, mooring,
floating components, etc. required for parking / movement of yachts and
such other ancillary facilities required for operation of marina.
5) Preparation of Detail Project Report (DPR) covering all the above aspects
with technical and financial feasibility along with the financial structuring of
project with various alternatives models for implementation of various
components of the project, to enable encourage public participation, and
develop various packages that can be offered on PPP mode basis or
otherwise. The DPR should provide the business plan, IRR, Potential
Investors and strategy for selection of the Concessioner.
6) The operation and maintenance strategy for the marina and its
implementation strategy.
1.2 Obtaining statutory NOC / clearance for Marina and its ancillary facilities from
MOEF and MCZMA/NCZMA
1) Appointing sub-consultant from the empanel panel of MOEF or as per the
requirement of MOEF for carrying out EIA study and obtaining the CRZ
clearance as well as Environmental Clearance.
2) Preparation of all the drawings required for obtaining approval of layout from
planning authority and assist in obtaining approval from planning authority
for marina and its ancillary facilities.
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina Tourism Hub 58
3) NOC from Indian Navy, if any
4) Obtaining all statutory clearance for marina and its ancillary facilities.
2. Detail scope: - The detail scope shall be exhaustive and shall not be limited to
the particulars provided herein below
2.1 Stage – I: Inception report
The consultant shall submit an inception report incorporating
understanding of Project, Approach & Methodology, sub consultants,
detail time and activity schedule, after detailed discussion and site visits
with MbPT.
The details of the total team working on the project shall be provided.
Identify the support required from MbPT.
The consultant shall evaluate site identified by MbPT for Marina. The
parameters shall be, but not limited to adequacy of land, depth of water,
water current, tides, wave height, accessibility, potential users etc. and
submit the preliminary feasibility in the Inception Report. Presentation to
MbPT.
Deliverables: Three hard copies and One soft copy of Inception Report.
2.2 Stage-II:
A. Study of existing situation with reference to the identified site for Marina:
Study of all relevant reports generated by or for MbPT for incorporation of
design
Assessment and projection of market demand for different modes of traffic
including yachts.
Study of topography, soil data, existing levels, required piling depths etc.
for development of marina.
Study of hydrology and tidal movement in the area for the last 10 years
and arriving at the projections and its effect on the development of
Marina.
The parameters shall be, but not limited to adequacy of land, depth of
water, water current, tides, wave height, accessibility, aesthetics etc.
Assessment of traffic demand and evacuation of traffic to and from
Marina.
Study of Coastal Regulation Zone as per sanctioned and draft CZMP
(Coastal Zone Management Plan), and its effect on the project and
permissible activities thereof. All other environmental regulations shall
also be studied.
Study of climatic data, wind direction, Rain fall, temperature, sun
direction etc. and its implication on planning.
Study of Marine Infrastructure required for the Marina, including latest
technology, typology of boats / yachts which will be using the Marina
facility.
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina Tourism Hub 59
Study of any other details as required.
Prepare a detailed design brief with projections for berthing capacity for
Marina and ancillary facilities and operation and maintenance strategy.
Prepare a detailed report of the above study and a vision document
along with design brief for the project.
Preparation of base map giving all existing situation, levels, revenue
data etc.
Assessment of all ancillary / supporting facilities required for Marina
(fueling stations, parking, storage, rest rooms, etc).
Details about standard rules and regulations for designing of Marina
Listing of competent Authorities who regulate the planning and operation
of Marinas, identifying approvals required for the same.
Study 3 successful Marina projects similar to MbPT Marina, out of these,
at least one project to be from outside India.
Presentation to the MbPT.
B. Establishing basic technical and operational feasibility of marina:-
Estimating the traffic of yachts,
Establishing basic design criteria for approach channel, berth design,
walkways, floating and fixed structures, shoreline structures, considering
sizes of yachts.
Study of simultaneous sailing of yacht and cargo vessels in and around
marina as well as during approach and evacuation on water side.
Flow pattern of movement of yacht and cargo vessel in Mumbai harbor
upon establishment of marina.
Establish the basic technical and operational feasibility of marina from
the data collected under this stage
Establishing the strength, stability and durability of existing quay wall of
basin (princess dock) where marina is proposed.
Deliverables:
Three hard copies of presentation, report and plans including Base maps at
desired scale in AUTOCAD /PDF format along with soft copies.
2.3 Stage – III: Conceptual plan for Marina and its ancillary facilities
A. Preparation of draft proposal for the Conceptual plan:
Draft plan for Marina showing walkways, finger floats, floating pontoons,
etc., along with the ancillary activities such as administrations, lounges,
cafeteria, parking, fueling, repairing, and all other components of Marina
including GAD etc. considering the sizes of yachts expected use said
marina during its lifetime
A comprehensive mobility plan within marina and its ancillary facilities and
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina Tourism Hub 60
integrating the same with adjoining existing and proposed facilities in that
area.
The concept plan should indicate the block costs with broad break up.
Phasing of marina and its ancillary facilities and implementation
strategy for the same. The first phase shall accommodate 70-80
yachts.
Integration of whole project with Mumbai city considering all aspects.
Presentation to MbPT and get the in-principle approval.
Deliverables:
Three hard copies of presentation, Report, and Drawings with a
desired scale, 3D views, walkthrough and soft copy.
List of the Drawings but not limited to
i. Location plan
ii. Thematic Landscape proposals
iii. Base map with Topography and Existing Development around
Marina
iv. Comprehensive mobility plan for Marina and its ancillary facilities,
and Circulation Plan
v. Infrastructure and Utility Plans for water supply, sewerage, sol id
waste disposal, telecommunication, electricity, fire-fighting, fueling,
security and road network.
vi. Signage and Hoarding Plan
vii. 3D views of the Project area from different angles
viii. 3D walkthrough
ix. PPT.
x. Any additional Drawing to explain the project.
B. Preparation of Final Concept Plan:
The concept plan shall be finalized after discussion with MbPT with due
diligence to all statutory requirements of local authorities, State and Central
Government and statutory bodies.
Presentation to all stake holders and upon concurrence from all concerned
finalize the concept plan in consultation with MbPT.
Deliverables:
Three hard copies of presentation, Report, and all relevant Drawings as per
the List of Drawings to be delivered as indicated in stage III a with a desired
scale and soft copies of the above.
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina Tourism Hub 61
2.4 Stage – IV: Detailed Planning and Architectural Design for Marina and ancillary facilities.
The design of marina is classified into following parts:
Formation of new Basin by Removal of earth from the filled up basin
and construction of earth/water retaining structure/s besides the
checking with broad features as well as estimate.
Marina floating structure
Marina onshore facilities.
a) Formation of Basin –
The proposed location of Marina was basin popularly known as Princess
Dock. Subsequently, the same was filled up for creating container yard.
It is now proposed to re-excavate / dredge the said dock partially and
create water body for marina.
It will require construction of new retaining wall at the interface of earth /
water for formation of basin.
The existing quay wall of basin that are framing part of marina and its
ancillary facilities shall be checked for its strength, stability and
durability.
b) Marina Floating structure
i ) The design of layout for marina floating structure to include berthing
facilities for the boats of different sizes as per statutory rules and
regulations.
ii ) The floating structure may be held and retained reliably on the waters by
the help of guide piles. The floating structure may be connected to the
shore or land by a ramp connected to the walkway bridge from the
marina main entry.
iii ) The complete floating structure to be fully illuminated and adequate
security measures provided for the safety of the floating structure.
iv ) Guide piles : The guide piles must be provided at appropriate places and
in sufficient numbers to retain the floating structure in place at all design
loading conditions and circumstances.
v ) Main walkway, Finger floats, Floating Pontoons, etc. may be designed to
accommodate different sizes of vessels.
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina Tourism Hub 62
Vi The princes dock is presently filled up and may require excavation as per
the design. It is necessary to examine the structural stability of the Dock
wall.
Note: The above are general guidelines and the consultant is free to
suggest alternative/most appropriate design, technology for the Marina.
c) Marina onshore facilities
Minimum Marina onshore facilities expected from developer:
1 Reception 13 Administration
2 Lounge 14 Lockers
3 Restroom facilities 15 Laundry
4 Wireless internet access 16 Vehicle parking
5 Boat inventory / accessories / sales / spares outlets
17 Sheltered boat storage
6 Dry storage 18 Boat launch facility
7 Shore fueling 19 Boat fueling dock
8 Fuel tanks 20 Boat repair facility
9 Water treatment plan 21 Waste management
10 Waste oil recycling 22 Battery recharge facility
11 Marina entry 23 Walkway bridge
12 Ramp 24 Ticketing Counter
Note : The above list is indicative. The consultant need to arrive the requirement as
per standards and norms for Marina Operation in consultation with Mumbai Port
Note - The design does not include detail structural and working drawings.
Deliverables:
Three sets of all the drawings required to explain the design and systems,
Construction. How
2.5 Stage V : Detail Project Report covering technical feasibility, financial
feasibility various implementation models for various project components, statutory approvals, etc.
(a) The DPR should cover comprehensively services rendered under the
above stages covering all the technical aspects and architectural
drawings for the same with broad costing of all components.
(b) Financial structuring with implementation model for all components of
the project.
(c) Identification of prospective concessioners, Business plan of the
Project, IRR, detailed differential models for development etc..
(d) Identification of components to be developed by MBPT and by private
developers.
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina Tourism Hub 63
(e) Listing of all stakeholders,
(f) Listing statutory approvals / NOC’s required and the brief procedure to
obtain the same.
(g) The report should enable MbPT to take administrative decision in
respect of technical and financial feasibility.
(h) Requirement of EIA study for obtaining Environment & CRZ clearance
for the project.
Deliverable – soft copy of DPR and 10 hard bound copies of DPR with all
drawings, literature, calculations etc and soft copy of drawings in CD.
2.6 Stage VI – Obtaining statutory NOC / clearance for Marina and its ancillary facilities from MOEF, MCZMA/NCZMA and any other authority required for environment and CRZ clearance.
1) Appointing sub-consultant from the empanel panel of MOEF or as per the
requirement of MOEF for carrying out EIA study and obtaining the CRZ
clearance as well as Environmental Clearance.
2) Preparation of submission drawings for approval from planning authority,
approval for marina and its ancillary facilities. Assist MbPT in obtaining the
approval from planning authority. Approval of building plans is not included in
the scope.
3) NOC from Indian Navy, if any
4) Preparing application with requisite documents for obtaining approval / NOC.
Discussions / presentation with all such authorities for presenting the case
anywhere in our country. Follow up with these authorities.
5) MbPT will provide any recommendatory letters if needed. It will sign the
application formally, if needed so.
6) MbPT will bear any statutory fees / processing fees for obtaining NOC /
clearance (to be paid to the statutory authorities)
7) Furnish clarification to query from, Ministry, TAMP or any other statutory
authority
8) Preparing material for the Board meeting for obtaining approvals at various
stages
9) Co-ordination and correspondence with concerned statutory State / Central
Government Organizations / persons
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina Tourism Hub 64
3 Responsibility of MbPT:
MbPT shall provide the following information:
CAD Drawings of the existing area
The total Station Survey of the required area
Available information about the existing Infrastructure. The Consultant
will have to collect any missing information about the Infrastructure in
the Project area.
CRZ map
Plan of Mumbai Harbour and surroundings,
Available Geo-Technical Investigations in MbPT areas
Reports received from various committees who have worked towards
developing Marina.
Indicative bathymetric chart for entire harbour
MbPT shall provide available cadastral data.
4 Payment Schedule:
4.1 The total Consultancy fee shall be as mentioned table below. This shall be
inclusive of all out of pocket expenses to be incurred by the Consultant
towards rendering of all the services mentioned the Terms of Reference
and GCC including site visit, Travel, Documentation, communication,
Surveys mentioned in TOR, royalties, fee, payment to the personnel and
charges, but shall be excluding the GST.
4.2 Time & Stage Payment Schedule period
Sr.
No. Stages Timeline
Percentage (%) of
lump sum Fees
quoted
Kick Off T
1 Stage –I : Inception report T + 1 month
5%
2
Stage-II : Study of existing
situation with reference to the
identified site for Marina
T + 2 months 10%
3
Stage-III : Conceptual plan for
overall proposal (Marina and
ancillary facilities)
T + 3 months 15%
4 Stage-IV : Detailed Planning and
Architectural Design for Marina T + 4 months 15 %
5
Stage – V: Detail Project Report
covering technical feasibility,
financial feasibility various
implementation models for
T + 6 months
25 % (submission of
final DPR 15% &
balance upon
approval by MbPT
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina Tourism Hub 65
project components, statutory
approvals, etc.
Board)
6 Stage VI : Obtaining all statutory
NOC / clearance for Marina and its
ancillary facilities
T + 12
months
25 %
a) CRZ and Environmental
Clearance
15% (payment break up linked with
progress will be mutually decided on
appointment of sub-consultant or
otherwise)
b) Remaining all other statutory
clearances / NOC
10 % (payment break up linked with
progress and will be mutually decided
based on nos. of clearances / NOC
requirement)
7 Project close out 5%
Note:
1) The Payment at each stage shall be released only after approval or sanction of the
Submittals. However, on request from consultant, MbPT may release 20% of the
payable fees for the concerned stage immediately after submission without waiting
for the approval or sanction provided the submission reasonably covers all aspect
of the concerned stage.
2) Total period of consultancy assignment shall be 12 months. Where “T” is the
commencement date of the assignment. The consultant is required to
provide the services beyond this period, if any of the services is not
completed within the time frame provided above.
5 Facilities to be provided by the consultant.
The Consultants shall make their own arrangements not limited to for
transport of their personnel as per need of assignment, all facilities,
equipment (engineering and office), transport, supplies, computer
hardware and peripherals, computer software, communication system
(telephone, fax, e-mail /Internet) and support staff which they consider
necessary to deliver the Services.
*********
T 96 /2017 - RFP for Preparation of DPR for Marina Tourism Hub 67
Appendix-II
Appointment of Consultant for Preparation of Detail Project Report for Marina
at MbPT, Mumbai
Consultant’s Key Personnels
The Consultant’s team (the “Consultancy Team”) shall consist of the following key
personnel (the “Key Personnel”) who shall discharge their respective responsibilities
as specified below:
Sr.
No.
Key Personnel Responsibilities Qualification Criteria
1 Team Leader –
Civil Engineer
He shall be responsible for
the entire project including
Marina, and its ancillary
facilities.
Degree in Civil Engineering with
post-graduation in Harbour
Engineering; having 15 year
experience including experience
of one Marina and/or Seafront
development project.
2 Architect –
Urban Planner
He shall be responsible for
Planning of Marina, its
associated ancillary /
supporting structures
Degree in Architecture with Post
graduation in Urban Planning
having 10 year experience
including the experience of
designing one Marina and/or
Seafront development.
3 Financial expert He shall be responsible for
financial structuring including
implementation model
Chartered Accountant or MBA
(Finance) having 10 year
experience including experience
for one PPP or similar project
structuring.
4 Legal expert He shall be responsible for all
legal aspects concerning
projects
Post-graduation in Law having
10 year experience including
experience for providing legal
services to one PPP or similar
projects.
5 Infrastructure
Expert
He shall be responsible for
planning all sustainable civic
infrastructure components for
Marina as well as Tourism
hub
Degree in Civil Engineering with
10 year experience in one
Infrastructure works of Min 10 ha
6 Marine Expert /
Engineer
He shall be responsible
navigational aspects for
maneuvering of yachts,
movement of vessels vis-à-
vis tidal actions etc.
Degree in Civil Engineering
having about 7 year experience
in one Marine works and a
robust experience port
constructions / marina
constructions and similar
projects.
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina 68
Note :-
a) Besides above key persons, the bidder is also required to have Environmental
Engineer, Marine Engineer, Electrical Engineer, Mechanical Engineer,
Transportation Engineer and Real Estate Marketing Expert besides other
support staff.
b) All key Personnel proposed shall have good working knowledge of English
language
c) no Key Personnel should have attained the age of 75 (seventy five) years at
the time of submitting the proposal
d) Key Personnel would be available for the period indicated in the TOR
e) Substitution of sub-consultant for “Key Personnel” is not acceptable and may
lead to dis-qualification.
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina 69
APPENDIX III
Appointment of Consultant for Preparation of Detail Project Report for Marina at MbPT, Mumbai
FORM OF BANK GUARANTEE FOR PERFORMANCE SECURITY
KNOW ALL BY THESE PRESENT that (The name of Bank) _________________________ a banking corporation carrying on banking business including Guarantees at Mumbai and other places and having its office at ___________________________ (hereinafter called 'The Bank' which expression shall unless excluded by or repugnant to the context or meaning thereof be deemed to include its successors and assigns); WHEREAS Board of Trustees of Mumbai Port Trust constituted under the Major Port Trusts Act, 1963 (hereinafter called 'The Board' which expression shall unless repugnant to the context of meaning thereof be deemed to include its successors and assigns) had invited proposals for Global tender No.CE.T.-96/2017 RFP for " Appointment of Consultant for Preparation of Detail Project Report for Marina at MbPT, Mumbai" (hereinafter called the "Assignment") as per conditions and Terms of Reference covered under the 'Proposal Document'. AND WHEREAS (Name of Consultant ______________________________________ (hereinafter called the 'Consultant') has offered to carry out the assignment as specified in Terms of Reference and Conditions included in the 'Proposal Document'. AND WHEREAS the Board has accepted the Proposal of M/s._____________________________________ (Name of Consultant) (vide its letter No. __________ dated _____________ day of _________ 200 . AND WHEREAS it is one of the conditions of the accepted proposal that the (Name of the Consultant) M/s.___________________________ should interalia furnish a guarantee of a Nationalised Bank/Schedule Bank having its branch in Mumbai for a sum of Rs. _________________ (Rupees _______________ only ) being 10% of the Award price as security for the due performance of terms and conditions subject to which the said 'Proposal' has been accepted by the Board. AND WHEREAS, the M/s. _____________________ __________________(Name of Consultant) have requested the Bank to give the said guarantee and the Bank has agreed to do so on the manner hereafter appearing. NOW THIS INDENTURE WITNESSETGH THAT the Bank doth hereby stand surety for the said sum of Rs. ________ (Rupees ________________ only). AND DOTH HEREBY GUARANTEE TO AND COVENANT WITH AND irrevocably undertake to pay the Board upon demand in writing whenever required by it from time to time so to do without referring to the (Consultants name) ___________ and without questioning the right of the Board to make such demand or the propriety or the legality of such demand such sum or sums not exceeding in the whole a sum of Rs.____________ (Rupees: ____________) as may become payable to the Board by the Consultant by virtue or arising out of the above mentioned 'Proposal' or by reason
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina 70
of any breach of non performance of the same or by the negligence or neglect or failure or omission to comply with any of the terms of the Assignment by M/s. __________________________(Name of Consultant) in respect of which the decision of the Board shall be final and legally binding and this indenture further witnesseth that the liability of the Bank shall not in any manner be released, relaxed or diminished by reason of any time or other latitude being given by the Board to M/s. ______________________________________________(Name of Consultant) with regard to the performance of the Assignment but this indenture shall remain in full force and effect until all the dues of the Board under or by virtue of the said Assignment have been fully paid and the M/s. ______________________________________________________(Name of Consultant) has/have duly fulfilled all his/their obligations under the Assignment and the terms and conditions of the Assignment has been fully complied with and that M/s.________________________ __________ _________________ (Name of Consultant) has executed the Assignment to the satisfaction of the Board. AND THIS INDENTURE FURTHER WITNESSETH that the Bank further agrees with the Board that the Board shall have the fullest liberty without the Bank's consent and without affecting in any manner its obligations hereunder to vary any of the terms and conditions of the said Assignment or to extend the time of performance by Board or from time to time or to postpone for any time or from time to time any of the powers exercisable by the Board against M/s._______________________________(Name of Consultant) and to bear or enforce any of the terms and conditions relating to the said Assignment and the Bank shall not be relieved from its liability by reasons of any such variation or extension being granted to the M/s. _________________________________________(Name of Consultant) or for any in forbearance indulgence by the Board to the M/s.___________________________________ (Name of Consultant) or by any such matter or thing whatsoever which under the law relating to sureties would but for this provision have effect of so relieving them. And the said Bank doth further covenant and declare that this Guarantee is irrevocable and shall remain in force upto and inclusive of the _____________ day of ____________, subject to the valid invocation of the guarantee by the beneficiary before the date of expiry if the contract is not executed in accordance with the terms and conditions thereof, the said Bank undertake to renew this Guarantee from year to year until 6 months after the date of completion certificate to be issued by the Board and the said Bank doth hereby further covenant and declare that if the said _______ do not obtain and furnish renewals of ____________ this Guarantee for a further period of one year to the Board not less than 30 days prior to the expiry of the period of this Bank Guarantee or renewal or renewals there of as to keep the same valid and subsisting till the date of completion certificate to be issued by the Board and for 3 months thereafter the entire amount of this Bank Guarantee in default of obtaining and furnishing the renewals of this Bank Guarantee in the manner and within the time aforesaid shall become forthwith due and payable to the Board. And the Bank further declares that notwithstanding anything to the contrary contained hereinabove the Bank's Liability under this Guarantee is restricted to Rs.____________________________ _________(Rupees_________________ ______ ______________________________) and unless a demand in writing under this Guarantee is made with the Bank within 6 months from the date of completion
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina 71
certificate to be issued by the Board all the rights of the Board under the guarantee shall be forfeited and the Bank shall be relieved and discharged from all liability. Notwithstanding anything to the contrary contained herein:- Our liability under this Bank Guarantee shall not exceed Rs.__________ (Rupees______________ _________________only). This bank guarantee shall be valid up to _____________and We are liable to pay the guarantee amount or any part therof under this Bank Guarantee only and only if you serve upon us a claim or demand on or before___________. SIGNED SEALED AND DELIVERED:
by the with named ___________
______________ through its
duly constituted Attorney/s
____________________ in the presence of.
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina 72
APPENDIX-IV
FORM OF AGREEMENT
Appointment of Consultant for Preparation of Detail Project Report for Marina at MbPT, Mumbai
DRAFT OF CONTRACT AGREEMENT
This Agreement made at Mumbai the ________________ day of ___________
20_ between THE BOARD OF TRUSTEES OF THE PORT OF MUMBAI
incorporated by Major Port Trust Act, 1963 as amended by Major Port Trust
(Amendment) Act 1974 (hereinafter called "the Board" which expression shall unless
excluded by or repugnant to the context or meaning thereof be deemed to include the
Board of Trustees of the Port of Mumbai its successors and assigns) of the ONE
PART and_______________________________ ________________ ______
____________________________________________________________________
_________________________________________ of _________ (mention city where
located) carrying on business in partnership in the firm name and style of
________________________________________________________ having
registered with the Income Tax Department of Government of India
No.__________/___________ No.____________ having their/ his office at
____________________________________________________________ _______
____________________________________________________________________
_________________________________________________________ the company
being registered under the Indian Companies Act, 1956 /__________________ and
having its registered office at ____________________________________
____________________________________________________________________
____________ (hereinafter called "the Consultant/s" which expression shall unless
excluded by or repugnant to the context or meaning thereof be deemed to include the
person named, his or her survivor or survivors of them, the heirs executors, legal
representatives and administrators of such last survivor and their/ his or her permitted
assigns/ the company named its successors and permitted assigns) of the OTHER
PART.
WHEREAS the Board invited offers for _______________________ ___________
___________________________________________ ________ ________________
___ _______________________________________________ ___________ ______
____________________________________________________________________
___________________________________ AND WHEREAS the Consultant/s
submitted his/their/its offer dated __________ which was subject to the terms and
conditions as contained in his/ their/ its letters referred to in the Schedule `A' hereto
respectively and which bid/tender is subject to the said terms and conditions was
accepted by the Board by the letter of __________________ (Designation of HOD)
bearing No.______________________________ dated __________
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina 73
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. In this Agreement the words and expressions shall have the same meanings as
are respectively assigned to them in the Conditions of Contract hereinafter referred to.
2. The following documents shall be deemed to form and be read and construed
as part of this Agreement, viz.
a) The Bid Document including Technical and Financial proposal.
b) Pre-bid minutes
c) Clarification issued to the queries of the bidders
d) The Consultants' and the ______________________________
_____________ _________'s (Mention the designation of the HOD)
letters referred in the Schedule `A' hereto, and
e) The acceptance of the Bid by the said letter dated the
__________________ day of _______________ 200_ from the
_____________________________
(mention the designation of the HOD) of the Board to the Consultant/s.
3. In consideration of the payments to be made by the Board to the Consultant/s
as hereinafter mentioned, the Consultants DO and each of them DOTH severally and
jointly HEREBY CONVENANT with the Board to carry out and complete within the
stipulated period (time being the essence of this contract) the work of
_____________________________________________ ____________________
____________________________________________________________________
___________________________________________________________________
and all other ancillary work as described in the bid documents, in accordance with the
Terms of References and in conformity in all respects with the provisions of the
Contract (hereinafter collectively called "the Contract work").
4. The BOARD DOTH HEREBY CONVENANT to pay to the Consultant/s, in
consideration of the Consultant/s carrying out and completing within the stipulated
period (time being the essence of this contract) the contract work to the entire
satisfaction of the ________________________________________ of the Board in
all respects, the contract price (mention the designation of the HOD)
OR
quoted by the Consultant/s * (after taking into account the rebates offered by the
Consultant/s) at the time and in the manner prescribed by the Contract.
IN WITNESS WHEREOF the Consultant/s has/ have hereunto subscribed and
set his/ their respective hand/s and seal/s ________________ ____________
____________________________________________________________________
____________________________________________________________________
____________ or the duly Constituted Attorney of and for and on behalf of the
Consultant/s has/ have hereunto subscribed and set his/ their hand and seal/s the
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina 74
Common Seal of the Consultants hath been hereunto affixed and the
________________________________ of the Board of Trustees
(Designation of HOD)
of the Port of Mumbai for and on behalf of the Board has set his hand and seal and
the Common Seal of the Board hath been hereunto affixed the day and year first
above written.
* strike out if there is no rebate.
THE SCHEDULE `A' ABOVE REFERRED TO
(The Schedule of letters)
(Here please mention Consultant/s' and MbPT's letters)
SIGNED, SEALED AND DELIVERED
by the above named _________________ Constituted Attorney
_________________________________
in the presence of __________________
_________________________________
OR
SIGNED, SEALED AND DELIVERED
by the above named _________________ Signature of
Consultant/s
_________________________________
_________________________________
on behalf of themselves and for and on
behalf of __________________________
__________________________________
in the presence of ___________________
OR
The Common Seal of _________________ Director
___________________________________
affixed pursuant to a resolution of the Board
of Directors dated the ____________ day of
_____________ 200__ in the presence of
___________________________________
___________________________________
and ____________________________ two
of the Directors of the said Company. Director
SIGNED, SEALED AND DELIVERED by
___________________________________
(Name & Designation of HOD)
for and on behalf of the Board of Trustees of
the Port of Mumbai in the presence of ______ (Designation of
HOD
_____________________________________ concerned)
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina 75
The Common Seal of the Board of Trustees
of the Port of Mumbai was affixed in the
presence of __________________________
Secretary, Mumbai Port Trust.
Secretary
Mumbai Port Trust
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina 76
APPENDIX – V
Appointment of Consultant for Preparation of Detail Project Report
for Marina at MbPT, Mumbai
FORMAT IN CASE OF JOINT VENTURE AGREEMENT (MEMORUNDUM OF UNDERSTANDING)
Know all men by these presents that we, --------------------------------------------------
--------------------- and ----------------------------------------------- (persons and companies name) (herein after collectively referred to "the consortium / Joint venture") for execution of Bid.
Whereas the board of Trustees of Mumbai Port (hereinafter referred to as "the
Port Trust") has invited Bids from the interested parties for ---------------------------------------------- (hereinafter referred to as "the contract").
Whereas the members of the consortium / joint venture are interested in
bidding of the work of ------------------------------------------------------------------- in accordance with the terms and conditions of the Bid.
This Joint Venture agreement is executed to undertake the work and role and
responsibility of the firms are ------------------ (role and responsibilities of each firm for administrative arrangement for management and execution of contract are given in the format below) and --------------- (name of the person) of (name of the firm) and ------------------ (name of the person) and ------------ (name of the firm) are the authorized representative of respective firms.
Role of and Responsibility of each member of JV / Consortium :
Particulars Lead Member Member 1 Member 2
Name of Firm
Role and Responsibilities
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina 77
As whereas it is necessary under the tender Bid conditions for the member of the consortium / joint venture to appoint and authorize one of them as Lead firm to do all acts, deeds and things in connection with the aforesaid bid.
We hereby nominate and authorize ------------------------------------- as our
constituted attorney in our name and on our behalf of do or execute all or any of the acts or things in connection with the execution of the Bid No: _ _ _________ and thereafter to do all facts, deeds and things on our behalf and thereafter till the satisfactory completion of work.
And we hereby agree that all acts, deeds and things done by our said attorney
shall be construed as acts, deeds and things done by us and we under take to ratify and conform all and whatsoever that my said attorney shall do or cause to be done for us by virtue of the power hereby given.
In witness hereof we have signed this deed on this the ------------ day of ----------
-----------
SIGNED SEALED & DELEVERED SIGNEDSEALED& DELEVERED By the with named-------------- By the with named-------------- -------------------------through its ------------------------- through its duly constituted attorneys duly constituted attorneys --------------- in the presence of ------------- in the presence of
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina 78
APPENDIX – VI
Appointment of Consultant for Preparation of Detail Project Report for Marina at MbPT, Mumbai
INTEGRITY PACT BETWEEN
MUMBAI PORT TRUST (MBPT) hereinafter referred to as "The principal"
AND
(Name of The bidders and consortium members)..______________ ____ _____.hereinafter referred to as "The Bidder/Contractor
Preamble : The Principal intends to award, under laid down organizational
procedures, contract/concession for Tender No. .......................... The Principal
values full compliance with all relevant laws and regulations, and the principles
of economic use of resources, and of fairness and transparency in its relations
with its Bidders. The Central Vigilance Commission (CVC) has been promoting
Integrity, transparency, equity and competitiveness in Government / PSU
transactions and as a part of Vigilance administration and superintendence, CVC
has, recommended adoption of Integrity Pact and provided basic guidelines
for its implementation in respect of major procurements in the Government
Organizations in pursuance of the same, the Principal agrees to appoint an
external independent Monitor who will monitor the execution of the contract for
compliance with the principles mentioned above.
Section 1 - Commitments of the principal
(1) The Principal commits itself to take all measures necessary to prevent
corruption and to observe the following principles: -
(a) No employee of the Principal, personally or through family members, will
in connection with the execution of a contract, demand, take a promise for or
accept, for him/herself or third person, any material or immaterial benefit which
he/she is not legally entitled to.
(b) The Principal will, during the pre-contract stage, treat all BIDDERs
alike, and will provide to all BIDDERs the same information and will not
provide any such information to any particular BIDDER which could afford an
advantage to that particular BIDDER in comparison to other BIDDERs.
(c) The Principal will exclude from the process all known prejudicial persons.
(2) If the Principal obtains information on the conduct of any of its employees
which is a criminal offence under the relevant Anti-Corruption Laws of India, or
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina 79
if there be a substantive suspicion in this regard, the Principal will inform its
Vigilance Office and in addition can initiate disciplinary actions. In such a
case, while an enquiry is being conducted by the Principal, the proceedings under
the contract would not be stalled.
Section 2 - Commitments of the Bidder / Contractor
(1) The Bidder/Contractor commits themselves to take all measures necessary
to prevent corrupt practices, unfair means and illegal activities, during pre-
contract as well as post- contract stages. He commits himself to observe the
following principles during the contract execution.
a. The Bidder/Contractor will not, directly or through any other person or
firm, offer, promise or give to any of the Principal's employees involved in the
execution of the contract or to any third person any material or immaterial benefit,
which he/she is not legally entitled to, in order to obtain in exchange of advantage
of any kind, whatsoever during the execution of the contract.
b. The B idd e r /Contractor w i l l no t enter w i t h o t h e r B i d d e r s i n t o a n y
und isc losed agreement or understanding, whether formal or informal. This
applies in particular to prices, specifications, certifications, subsidiary contracts,
submission or non-submission of bids, or any other actions to restrict
competitiveness, or to introduce cartelization in the bidding process.
c. The Bidder/Contractor will not commit any offence, under the relevant
Anticorruption Laws of India; further the Bidder/Contractor will not use improperly,
for purposes of competition, or personal gain, or pass on to others, any
information or document provided by the Principal, as part of the business
relationship, regarding plans, technical proposals and business details, including
information contained or transmitted electronically.
d. The Bidder will not collude with other parties interested in the contract to
impair the transparency, fairness and progress of the bidding process, bid
evaluation, contracting and implementation of the contract.
e. The Bidder/Contractor will, when presenting his bid, disclose any and all
payments he has made, is committed to or intends to make to agents, brokers
or any other intermediaries, in connection with the award of the contract.
f. The Bidder commits to refrain from giving any complaint directly or
through any other manner without supporting it with full and verifiable facts.
g. The Bidder shall not lend to or borrow any money from or enter into any
monetary dealings or transactions, directly or indirectly, with any employee of the
Principal.
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina 80
(2) The Bidder/Contractor will not instigate third persons to commit offences
outlined above or be an accessory to such offences.
Section-3 Disqualification from or exclusion from future contracts
If the Bidder, before award of contract, has committed a transgression, through a
violation of Section-2 or in any other form, such as to put his reliability as Bidder,
into question, the principal is entitled to disqualify the Bidder, from the tender
process, or to terminate the contract, if already signed, for such reason.
1. If the Bidder/Contractor has committed a transgression, through a violation of
Section-2, such as to put his reliability, or credibility into question, the Principal is
entitled to disqualify the Bidder/Contractor from the tender process, terminate the
contract if already awarded and also, to exclude the Bidder/Contractor from
future contract award processes. The imposition and duration of the exclusion,
will be determined by the severity of the transgression. The severity will be
determined, by the circumstances of the case, in particular the number of
transgressions, the position of the transgressions, within the company
hierarchy of the Bidder and the amount of the damage. The execution will be
imposed for a minimum of 6 months and maximum of 3 years.
Note: A transgression is considered to have occurred, if in the light of available
evidence, no reasonable doubt is possible.
2. The Bidder accepts and undertakes to respect and uphold, the principal's
Absolute right to resort to and impose such exclusion and further accepts and
undertakes, not to challenge or question such exclusion, on any ground,
including the lack of any hearing before the decision, to resort to such
exclusion is taken. This undertaking is given freely and after obtaining
independent legal advice.
2. If the Bidder/Contractor can prove that, he has restored/recouped the
Damage caused by him and has installed a suitable corruption prevention system,
the Principal may revoke the exclusion prematurely.
Section-4 Compensation for amages
1. If the Principal has disqualified the Bidder, from the tender process prior
to the award, according to Section-3, the Principal is entitled to demand and
recover the damages equivalent to Earnest Money Deposit/Bid Security.
2. If the Principal has terminated the contract according to Section-3, or if the
Principal is entitled to terminate the contract according to Section-3, the Principal
shall be entitled to demand and recover from the Contractor, liquidated damages
equivalent to 5% of the contract value, or the amount equivalent to Security
Deposit/Performance Bank Guarantee, whichever is higher.
3. The Bidder agrees and undertakes to pay the said amounts, without
protest or demur, subject only to condition that, if the Bidder/Contractor can
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina 81
prove and establish that the termination of the contract, after the contract
award has caused no damage or less damage than the amount of the
liquidated damages, the Bidder/Contractor shall compensate the principal,
only to the extent of the damage in the amount proved.
Section-5 Previous transgression
1. The Bidder declares that, no previous transgression has occurred in the
last 3 years, with any other company, in any country, or with any other Public
Sector Enterprises in India, that could justify his exclusion from the award of the
contract.
2. If the Bidder makes incorrect statement on this subject, it can be
declared disqualified for the purpose of the contract and the same can be
terminated for such reason.
Section-6 Equal treatment of all Bidders/Contractors/Subcontractors
1. The Bidder/Contractor undertakes to demand from all subcontractors, a
commitment in conformity with this Integrity Pact, and to submit it to the
Principal before contract signing.
2. The Principal will enter into agreements with identical conditions as this one which all Bidders, Contractors and Subcontractors.
3. The Principal will disqualify from the tender process all Bidders, who do not
sign this part or violates its provisions.
Section-7 Criminal charges against violating Bidders/Contractors/Sub-
contractors
If the principal obtains knowledge of conduct of a Bidder/Contractor or
Subcontractor, or of an employee, or a representative, or an associate of a
Bidder/Contractor, or Subcontractor, which constitutes corruption, or if the Principal
has substantive suspicion, in this regard, the Principal will inform the Vigilance
office.
Section-8 External Independent Monitor
1. Pursuant to the need to implement and operate this Integrity Pact the
Principal has appointed Shri P.K. Gopinath, IPoS (Rtd) independent Monitor, for
this Pact. The task of the Monitor, is to review independently and objectively,
whether and to what extent, the parties comply with the obligations under this
agreement.
2. The Monitor is not subject to instructions, by the representative of the parties to the Chairperson of the Board of the Principal.
3. The Bidder/Contractor accepts that, the monitor has the right to
access, without restriction to all Project documentation of the Principal,
including that provided by the Contractor. The Bidder/Contractor will also grant
the Monitor, upon his request and demonstration of a valid interest, unrestricted
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina 82
and unconditional access, to the project documentation. The same is applicable
to Subcontractors. The monitor is under contractual obligation, to treat the
information and documents of the Bidder/Contractor/Subcontractor with
confidentiality.
4. The Principal will provide to the Monitor, sufficient information about all
meetings, among the parties related to the Project, provided such meetings could
have an impact, on the contractual relations between the Principal and the
Bidder/Contractor. The parties offer to the Monitor the option to participate in
such meetings.
5. As soon as the Monitor notices a violation of this agreement, he will so
inform the Management of the Principal and request the management to
discontinue, or heal the violation. Or to take other relevant action. The Monitor
can in this regard submit non- binding recommendations. Beyond this, the
Monitor has no right to demand from the parties, that they act in a specific
manner, refrain from action or tolerate action.
6. The Monitor will submit a written report, to the Chairperson of the Board of the Principal, within 8 to 10 weeks, from the date of reference of intimation to him by the 'Principal' and, should the occasion arise, submit proposals for correcting problematic situations.
7. If the Monitor has reported to the Chairperson of the Board, a
substantiate suspension of an offence, under relevant Anti-Corruption Laws of
India, and the Chairperson has not, within reasonable time, taken visible action to
proceed against such offence, or reported it to the Vigilance Office, the Monitor
may also transmit this information directly to the Central Vigilance Commissioner,
Government of India.
Section-9 Pact Duration
This Pact begins when both parties have signed it. It expires 12 months
after the last payment under the contract Agreement is made. If any claim is made/lodged during this time, the same shall be binding and
continue be valid, despite the lapse of this Pact, as specified above,
unless it is discharged/determined Chairperson of the Principal.
The Pact duration in respect of unsuccessful Bidders shall expire after 3
months of the award of the contract.
Section-10 Other Provisions 1. This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of the Principal, i.e. Mumbai, Maharashtra.
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina 83
2. Changes and supplements as well as termination notices, need to be made
in writing, before they become effective and binding on the both parties. 3. If the Bidder / Contractor is a partnership or a consortium, this agreement
must be, signed by all partners or consortium members. 4. Should one or several provisions of this agreement, turn out to be invalid, the
remainder of this agreement remains valid. In this case, the parties will strive to
come to an agreement, to their original intensions. For the Principal (MbPT) For the Bidder/Contractor Place: Mumbai Witness-1 : .....................................
Witness-2 : .....................................
Date : /_ /2017
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina 84
APPENDIX – VII
Appointment of Consultant for Preparation of Detail Project Report for Marina at MbPT, Mumbai
Location Plan
Site Plan
Location of Marina
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina 85
Tentative location of Marina (5 Ha.)
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina 86
MUMBAI PORT TRUST
CIVIL ENGINEERING DEPARTMENT
Tender No.E.96/2017
Section 6
Forms for Technical And Financial Proposals
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina 87
Section 6
RFP for Appointment of Consultant for Preparation of Detail Project Report for Marina at MbPT, Mumbai
Forms for Technical And Financial Proposals
Sr. No. Description
To be submitted in Technical Proposal
Form-1 Checklist of Documents submitted
Form -2 Form for Application
Form- 3 Bidder’s Profile
Form- 4 Major works during last Ten years which best illustrates Qualifications for the Assignment under Offer.
Form- 5 Details of Key Personnel
Form- 6 CVs of the Key Personnel
Form- 7 Details of the Proposed Manning Schedule
Form - 8 Form for average Turn Over
Form - 9 Undertaking for Not Barred or Blacklisted
Form - 10 Undertaking for obtaining Permission to work in India
Form - 11 Affidavit of Correct Information
Form -12 Details of sub consultants
Form -13 Power of attorney
To be submitted in Financial Proposal (Format Separately provided in Financial Bid)
Form-14A Letter for Financial Proposal
Form – 14B Format for Financial Proposal
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina 88
Form – 1
Appointment of Consultant for Preparation of Detail Project Report for Marina at MbPT, Mumbai
Checklist of Submission
Sr.No. Particulars Yes/no Page No.
1 Status of the Bidder Individual/JV/Firm
2 Turnover eligibility CAs certificates
3 Technical eligibility
4 Clients Certificates for project
experience
5 Duly filled Forms for Technical proposals
6 Duly filled Financial bids submitted in
separate envelope
7 All CV’s submitted are signed by
respective key person. All the Key
personnel satisfy min qualifications and
Experience
8 All the documents are Numbered and
signed by the authorised Signatory at
appropriate places
9 Processing fee is paid
10 Bid security is paid
11 Copy of Power of Attorney is enclosed
12 JV agreement, enclosed, (for consortium
only)
Seal and Signature, name and designation of the authorised signatory)
For and on behalf of ………………..
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina 89
FORM -2 FORM FOR APPLICATION
(On the Letter head of the Bidder)
Date : To, The Chief Engineer Mumbai Port Trust 3rd floor, Port Bhavan, Shoorji Vallabhdas Marg, Ballard Estate, Mumbai- 400 001 .
Sub. : RFP for " Appointment of Consultant for Preparation of Detail Project Report for Marina at MbPT, Mumbai”
Ref: Global Tender No: E.96/2017 published / downloaded on _____________
Sir,
Being duly authorized to represent and act on behalf of ……………….. (hereinafter referred to as "the Bidder") and having reviewed and fully understood all of the requirements of the Proposal document and information provided, the undersigned hereby apply for the project referred above. We confirm the validity of the proposal for 120 days from the date of opening of Price Proposal.
We have studied RFP and all other documents carefully and also surveyed the Project site. We understand that except to the extent as expressly set forth in the Agreement, we shall have no claim, right or title arising out of any documents or information provided to us by the MbPT or in respect of any matter arising out of or concerning or relating to the Selection Process including the award of Consultancy. I/we have submitted our Bid with Bid security separately lodged alongwith the technical Proposal. The Financial Proposal is being submitted in a separate cover. I have not indicated anywhere in the first cover the amount of our financial bid. This Technical Proposal read with the Financial Proposal shall constitute the Application which shall be binding on us. I/We agree and undertake to abide by all the terms and conditions of the RFP Document. In witness thereof, I/we submit this Proposal under and in accordance with the terms of the RFP Document. We are enclosing our Proposal including Technical Proposal and Financial Proposal in one original plus two copy of the Technical Proposal, with the details as per the requirements of the Proposal Documents, for your evaluation.
Seal and Signature, name and designation of the authorised signatory) For and on behalf of ………………..
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina 90
FORM-3 (Page1-3) Appointment of Consultant for Preparation of Detail Project Report
for Marina at MbPT, Mumbai Bidder’s Profile
I. Particulars of the Bidder : (Individual Firm/ Consortium/JV).
………………………………………………………..
II. Title of Consultancy: ………………………………………………………..
III. State whether applying as Sole Firm or Lead Member of a consortium:
Sole Firm: ………………………………………………………..
Or
Lead Member of a consortium : …………………………………………………
IV. State the following:
Name of Company or Firm: ……………………………………………………
Legal status (e.g. incorporated private company, unincorporated
business, partnership etc.):
Country of incorporation: ……………………………………………………….. Registered address: ……………………………………………………….. ……………………………………………………….. ……………………………………………………….. ………………………………………………………..
Year of Incorporation: ………………….
Year of commencement of business: …………………… Principal place of business: …………………………………………….
V. Brief description of the Company including details of its main lines of Business
……………………………………………………………………………………………………. …………………………………………………………………………………………………….. …………………………………………………………………………………………………….
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina 91
Page 2- 3
VI. Name, designation, address and phone numbers of authorised signatory
of the Bidder:
Name: …………………………………………………………………
Designation: …………………………………………………………………
Company: …………………………………………………………………
Address: …………………………………………………………………
Phone No.: ………………………………………………………………… E-mail address: …………………………………………………………………
VII. If the Bidder is Lead Member of a consortium, state the following for
each of the other Member Firms: (i)Name of Firm: (ii)Legal Status and country of incorporation
VIII. `Registered address and principal place of business.
For the Bidder, (in case of a consortium, for each Member), state the following information: (i) In case of non Indian Firm, does the Firm have business presence in India? Yes/No If so, provide the office address(es), year of establishment in India. (ii) Has the Bidder or any of the Members in case of a consortium been penalized by any organization for poor quality of work or breach of contract in the last five years? Yes/No (iii) Has the Bidder/ Member ever failed to complete any work awarded to it by any public authority/ entity in last five years? Yes/No (iv) Has the Bidder or any member of the consortium been blacklisted by any Government department/Public Sector Undertaking in the last five years? Yes/No (v) Has the Bidder or any of the Members, in case of a consortium, suffered bankruptcy/insolvency in the last five years? Yes/No Note: If answer to any of the questions at (ii) to (v) is yes, the Bidder is not eligible for this consultancy assignment.
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina 92
Page 3-3
IX. Does the Bidder’s firm/company (or any member of the consortium) combine
functions as a consultant or adviser along with the functions as a contractor
and/or a manufacturer?
Yes/No
X. If yes, does the Bidder (and other Member of the Bidder’s consortium) agree to
limit the Bidder’s role only to that of a consultant/ adviser to the MbPT and to
disqualify themselves, their Associates/ affiliates, subsidiaries and/or parent
organization subsequently from work on this Project in any other capacity?
Yes/No XI. Does the Bidder intend to borrow or hire temporarily, personnel for
performance of the Consulting Services?
Yes/No XII. If yes, does the Bidder agree that it will only be acceptable as Consultant, if
those personnel disqualify themselves from subsequent execution of work on
this Project (including tendering relating to any goods or services for any other
part of the Project) other than that of the Consultant?
Yes/No
(Seal and Signature, name and designation of the authorised signatory) For and on behalf of ………………..
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina 93
FORM – 4 (Page 1 of 2)
Appointment of Consultant for Preparation of Detail Project Report for Marina at MbPT, Mumbai
MAJOR WORKS DURING LAST SEVEN YEARS WHICH BEST ILLUSTRATES
QUALIFICATIONS FOR THE ASSIGNMENT UNDER OFFER. (i) The following information should be provided in the format indicated for each
reference project for which your company, either individually as a corporate entity or as one of the major companies within a consortium was legally contracted by the client stated below.
(ii) The information should be specific & to the point to facilitate a quick and
objective decision. (iii) Use a separate sheet for each separate work.as required under the technical
evaluation. 1) Project Name : ________________________________ 2) Country : _____________________________________ 3) Project location : _____________________________________ in the country 4) Name & Address : _____________________________________ of the client with _____________________________________ Tel. No. & Fax No. _____________________________________ 5) Do you have any objection if the client is contacted for reference? Yes/No. 6) Detailed narrative description of the work including project components, size / Area of the Project, Built up area, Design elements, Status of the Project, , interalia, nature of the work performed etc.. _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ 7) Were the services provided exclusively by your firm? Yes/No (or) Were services provided by your firm in association with other firms? Yes/No Exact description of the division of responsibility for items listed at (6) above as between you & your Associate:
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina 94
FORM – 4 (Page 2 of 2)
8) Detailed description of the actual services provided under following types for
each component of the project
i) Detail Planning of Project ii) Structuring of project for financial appraisal iii} Detailed infrastructure design and engineering for implementation of the
Project (DD). Iv) Preparation of DPR, tender documents, evaluation of tenders and award
of contract (TS). v) Construction Supervision including commissioning and administration of
contract and including certification of payment to the contractors (CS). vi) Marketing and transaction
& the share and role of your firm & of the Associate, if any, against each type of the component & each type of service listed above.
9) Professional Staff provided:
Own Firm Associate
No. of Professional Staff: a) Experts at the level of
subject specialties & their principal assistants.
b) Supporting technical staff (excluding draftsman & office staff).
No. of man months of (a) + (b)
10) Assignment start date :
____________________________________ (Month/Year) ____________________________________
11) Assignment completion : ____________________________________ Date (Month/Year) ____________________________________
12) Duration of assignment : _________________ (months) Day this ______________ day of _____________________ 20 Note : The consultant may add any additional information required to prove the eligibility.
(Seal and Signature, name and designation of the authorised signatory) For and on behalf of ………………..
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina 95
Form- 5
Appointment of Consultant for Preparation of Detail Project Report for Marina at MbPT, Mumbai
Details of Key Personnel
Exclusive team to be deployed at site during the periodic supervision.
Seal and
(Seal and Signature, name and designation of the authorised signatory) For and on behalf of ………………..
Sr.No. Name Position Educational qualifications
Related Experience
Employed with
Sr.No. Name Position Educational qualifications
Related Experience
Employed with
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina 96
Form -6
Appointment of Consultant for Preparation of Detail Project Report for Marina at MbPT, Mumbai
CV (Curriculum Vitae)
1. PROPOSED POSITION FOR PRESENT ASSIGNMENT
2. NAME 3. DATE OF BIRTH
5. NATIONALITY
6. RELATION WITH THE BIDDERS
7. EDUCATIONAL / QUALIFICATION
8. WORKING IN THE FIRM SINCE
9. COUNTRIES OF WORK EXPERIENCE
10. LANGUAGE
11. EMPLOYMENT RECORD (STARTING WITH PRESENT POSITION, PERIOD,
EMPLOYER - POSITION HELD AND DESCRIPTION OF DUTIES)
12. DETAILED TASKS ASSIGNED : Work undertaken best illustrates
capacity to handle the tasks assigned. (List the tasks one by one giving list of project name and component, year, position held, exact duties rendered with time spent on each project). 13. UNDERTAKING – I hereby undertake, I will be available for the Project duration for
the subject assignment
14. CERTIFICATE - I, the undersigned, certify that, to my knowledge and belief this bio-
data correctly describes myself, my qualifications and experience.
DATE Signature of the Key
Person
(Seal and Signature, name and designation of the authorised signatory)
For and on behalf of ………………..
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina 97
FORM-7
Appointment of Consultant for Preparation of Detail Project Report for Marina at MbPT, Mumbai
DETAILS OF THE PROPOSED MANNING SCHEDULE of KEY PERSONNEL
Sr. No.
Position of Key person
Name Man Month
Months
Manning Schedule
Months
1 2 3 4 5 1 2 3 4 5 -- -- 10 11 12
1. (to be proposed by the consultant)
2.
3.
4.
5.
6.
Add
Note :The manning schedule for the key personnel posted at site and at the office of the consultant should given separately.
Seal and
(Signature, name and designation of the authorised signatory) For and on behalf of ………………..
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina 98
Form-8
Appointment of Consultant for Preparation of Detail Project Report
for Marina at MbPT, Mumbai
Average Turn Over of the Firm:
Sr.No Year Turn Over in Rs
1 2014-2015
2 2015-2016
3 2016-2017
4 Average
Seal and Signature, name and designation of the Chartered Accountant) Seal and Signature, name and designation of the authorised signatory) For and on behalf of ………………..
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina 99
Form 9
Appointment of Consultant for Preparation of Detail Project Report
for Marina at MbPT, Mumbai
Undertaking for not barred or Blacklisted
I/We hereby undertake the following:
1. I/We undertake that neither I/we or any of our consortium members and any
of its constituents has been barred from taking part in any bid/tendering
process or blacklisted by any Central and/or State Government and or
Public Sector Undertaking of India.
2. I/We undertake that neither I/we individually or institutionally are not in
any manner involved with the selection/screening process of this RFP
and employees of MbPT.
3. I/we have not made any payment or illegal gratification to any
person/authority connected with the Bid process so as to influence the bid
process and have not committed any offence under the PC act in
connection with the bid.
4. During the last five years, I/We neither failed to perform on any
agreement, as evidenced by imposition of a penalty by an arbitral or
judicial authority or a judicial pronouncement or arbitration award against
me/us or our Associate, nor been expelled from any project or agreement
nor have had any agreement terminated for breach by me/us. Authorized Signature [in full and initials]:
Name
Designation:
Name of Firm:
Address:
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina 100
Form 10
Appointment of Consultant for Preparation of Detail Project Report
for Marina at MbPT, Mumbai
Undertaking for obtaining Permission to work in India
(For Consultants Registered outside India)
I/We undertake that, In case we are selected as successful Bidder, I/We (Bidder /
Lead Firm / Individual) will obtain prior permission from Govt. of India to function as
consultant for the project within 21 days from the issue of LOA from the Authority.
Date Note: Strike off whichever is not applicable
Seal
Authorized Signature [in full and initials]:
Name
Designation:
Name of Firm:
Address:
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina 101
Form-11
Appointment of Consultant for Preparation of Detail Project Report for Marina at MbPT, Mumbai
Affidavit of Correct Information
[Rs.100/- (Rupees Hundred only) Stamp Paper duly notarized]
The Chief Engineer Mumbai Port Trust 3rd floor, Port Bhavan, Shoorji Vallabhdas Marg, Ballard Estate, Mumbai- 400 001. With reference to the documents submitted to MbPT, we hereby undertake that other than the details provided under RFP Submission, we have no dispute/ litigation/ legal proceedings against any of our clients, in any of our projects other than the listed. All documents and information submitted in Technical Bid (including the above undertaking) are certified to be accurate, correct and final. In the event that any of the documents or information submitted by us is found to be inaccurate/ incorrect/ misleading, we understand that our bid is liable to be cancelled or if contract is awarded, contract is liable to be terminated, without prejudice to any of the rights of MbPT, which otherwise may be accruable to MbPT. I also undertake that I will furnish all other documents required under the bid document or contract, after signing the agreement during execution of work. Seal Authorized Signature [in full and initials]:
Name
Designation:
Name of Firm:
Address:
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina 102
Form-12
Appointment of Consultant for Preparation of Detail Project Report for Marina at MbPT, Mumbai
Details of Sub Consultants (if any) Proposal for Sub-Consultant(s) 1. Details of the Firm Firm’s Name, Address and Telephone Name and Telephone No. of the Contact Person Fields of Expertise No. of Years in business in the above Fields 2. Services that are proposed to be sub contracted: 3. Person who will lead the Sub- Consultant Name: Designation: Telephone No: Email: 4.Details of Firm’s previous experience
Seal, Signature and name of the authorised signatory) Note: Use separate form for each Sub-Consultant
Name of Work
Name, address and telephone no. of Client
Total Value of Services Performed
Duration Of services
Date of Completion of services
1.
2.
3.
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina 103
Form-13
Appointment of Consultant for Preparation of Detail Project Report for Marina at MbPT, Mumbai
Power of Attorney for signing of Proposal
Know all men by these presents, We, ________________________ (name of the firm
and address of the registered office) do hereby irrevocably constitute, nominate,
appoint and authorise Mr. / Ms (Name), son/daughter/wife of
________________________ and presently residing at
________________________, who is [presently employed with us/ and holding the
position of ________________________], as our true and lawful attorney (hereinafter
referred to as the “Attorney”) to do in our name and on our behalf, all such acts, deeds
and things as are necessary or required in connection with or incidental to submission
of our Proposal for Global Tender No.CE.T.96/2017 RFP for "Appointment of
Consultant for Planning, Design and Development of Marina and conceptual planning
of Tourism Hub for MbPT” including but not limited to signing and submission of all
applications, Bids and other documents and writings, participate in Consultants' and
other conferences and providing information / responses to the MbPT, representing
us in all matters before the Authority, signing and execution of all contracts including
the Service Agreement and undertakings consequent to acceptance of our Bid, and
generally dealing with the MbPT in all matters in connection with or relating to or
arising out of our Proposal for the said Project and/or upon award thereof to us and/or
till the entering into of the Service Agreement with the MbPT.
AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts,
deeds and things lawfully done or caused to be done by our said Attorney pursuant to
and in exercise of the powers conferred by this Power of Attorney and that all acts,
deeds and things done by our said Attorney in exercise of the powers hereby
conferred shall and shall always be deemed to have been done by us.
IN WITNESS WHEREOF WE, ________________________, THE ABOVE
NAMED PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS
__________ DAY OF __________, 20**.
For_______________________
(Signature)
Tender No.CE.T.96/2017
T 96 /2017 - RFP for Preparation of DPR for Marina 104
Witnesses:
1
2
Accepted [Notarised]
(Signature)
(Name, Title and Address of The
Attorney)
Notes:
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 executants(s) and when it is so required, the same should be
under common seal affixed in accordance with the required procedure.
Also, wherever required, the Consultant should submit for verification the
extract of the charter documents and documents such as a resolution/power of
attorney in favour of the person executing this Power of Attorney for the
delegation of power hereunder on behalf of the Consultant.
For a Power of Attorney executed and issued overseas, the document will also
have to be legalised by the Indian Embassy and notarised in the jurisdiction
where the Power of Attorney is being issued.