REQUEST FOR PROPOSAL...4. NAINA Navi Mumbai Airport Influence Notified Area 5. Agency Bidder /...

CIDCO OF MAHARASHTRA LIMITED Sl. Pg. No. CA No: 01/CIDCO/NAINA/ACP(NAINA)/2015-16

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ADDL. CHIEF PLANNER (NAINA) CIDCO of Maharashtra Limited,

3rd Floor, Tower 10, Belapur Railway Station Complex, CBD Belapur- 400614,

Maharashtra, INDIA

CITY & INDUSTRIAL DEVELOPMENT CORPORATION OF

MAHARASHTRA LIMITED

REQUEST FOR PROPOSAL for

Consultancy for work of

Providing assistance for data collection and for preparation of proposals for acquiring land earmarked under reservation as per Interim

Development Plan (IDP-1) for 23 Villages of NAINA area through LARR 2013 and through consent

under NAINA Scheme or TDR model and persuasion upto possession of land in the name of Authority.

CA No: 01/CIDCO/NAINA/ACP(NAINA)/2015-16


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CITY & INDUSTRIAL DEVELOPMENT CORPORATION OF

MAHARASHTRA LIMITED Name of Work: Consultancy for work of

Providing assistance for data collection and for preparation of proposals for acquiring land earmarked under reservation as per Interim Development Plan (IDP-1) for 23 Villages of NAINA area through LARR 2013 and through consent under NAINA Scheme and TDR model and persuasion upto possession of land in the name of Authority.

C.A. No. : 01/CIDCO/NAINA/ACP(NAINA)/2015-16 EMD: Rs. 5,00,000/- (To be paid via online payment Gateway

Mode only) Due On: 19/01/2016 17.01 hours to 20/01/2016 15.00 hrs. on

website: https://cidco.maharashtra.etenders.in/ Bid Price: INR 5250/- (Indian Rupees Five Thousand Two Hundred

Fifty only) - including VAT @5% (i.e. 5000/- as Bid Price

+ 250 as VAT) - Non Refundable, to be paid via online

payment Gateway Mode only

OFFICE

ADDL. CHIEF PLANNER (NAINA) CIDCO of Maharashtra Limited,

3rd Floor, Tower 10, Belapur Railway Station Complex, CBD Belapur- 400614 Maharashtra, INDIA.


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DISCLAIMER

1. The information contained in this Request for Proposal document (the RFP),

or subsequently provided to Bidders, whether verbally or in documentary

form or otherwise by or on behalf of CIDCO, or any of its employees, 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.

2. This RFP is neither an agreement nor an offer by CIDCO to the prospective

Bidders or any other person. The purpose of this RFP is to provide interested

parties with information to assist in the formulation of their Proposals for

selection pursuant to this RFP. This RFP includes statements, which reflect

various assumptions and assessments arrived at by the CIDCO in relation to

the Consultancy. Such assumptions 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 CIDCO, or its

employees, to consider the consulting 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 and each Bidder should 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.

3. CIDCO, or its employees, 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


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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 or information

contained therein or deemed to form part of this RFP.

4. CIDCO may in its absolute discretion, but without being under any

obligation to do so, update, amend or supplement the information, its

assessment or assumptions contained in this RFP. Such changes shall be

intimated to all the Bidders. In case additional period for submission, if

required due to such amendments, is necessitated the same shall be

intimated to all the Bidders.

5. The issue of this RFP does not imply that CIDCO is bound to select or to

appoint any Bidder for the Consultancy and it reserves the right to reject all

or any of the Bidders without assigning any reasons whatsoever.

6. CIDCO reserves the right not to proceed with the Bidding Process at any

time or stage, without notice or liability, and to reject any or all Bid(s)

without assigning any reasons whatsoever.

(Signature) Authorized Signatory Bidders Name & Seal

ADDL. CHIEF PLANNER (NAINA) Date :


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GLOSSARY A glossary of the different acronyms & terms used in the document is given

below with the reference of individual acronyms/terms. These are to be used in

relation to the interpretation of the acronyms/terms mentioned in the RFP.

S.NO. ACRONYM REFERENCE TO

1. CIDCO City & Industrial Development Corporation of Maharashtra Limited

2. Client City & Industrial Development Corporation of Maharashtra Limited.

3. RFP Request For Proposal 4. NAINA Navi Mumbai Airport Influence Notified Area 5. Agency Bidder / Consultant 6. BS Bid Security 7. IDP Interim Development Plan 8. ITB Instruction to Bidders 9. DS Data Sheet 10. TFF Technical & Financial Forms 11. TOR Terms of Reference 12. CV Curriculum Vitae 13. GCC General Conditions of Contract 14. SCC Special Conditions of Contract 15. FAGC Form of Agreement, General Conditions of Contract,

Special Conditions of Contract 16. MC Municipal Corporation 17. MCs Municipal Council 18. IEMs Independent External Monitors 19. LU Land Use




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TABLE OF CONTENTS Part No. Description Page No. Notice Inviting Proposal 1 – 10 Part - I Instructions to Bidders (ITB) 11 – 51 Project Information 52 – 55 Part - II Data-Sheet (DS) 56 – 58 Part - III Technical and Financial forms (TFF) 59 – 59 Letter of Bid 60 – 63 Appendix- I- Annexure-1 : Power of Attorney for Signing of Bid 64 – 65 Appendix-ll – Form – I : Technical Proposal Submission Letter 66 – 67 Appendix-Il – Form-ll : Major similar Consultancy Service completed 68 – 70 Appendix-Il – Form-llI : Firm Turnover for the Last 5 Years 71 – 72 Appendix-Il – Form-lV : Particulars of Key personnel 73 – 73 Appendix-Il – Form-V : Curriculum Vitae(CV) for Professional

Personnel 74 – 75

Appendix-ll – Form-VI :Understanding of TOR 76 – 76 Appendix-ll – Form-VII : information of equipment/office/keypersons 77 – 77 Appendix-III – Form-l : Financial Proposal Submission Letter 78 – 79 Appendix- III – Form – ll : Financial Proposal 80 – 81 Part IV Terms of Reference (TOR) 82 – 89 Part V Form of Agreement, General Conditions of Contract & Special

Conditions of Contract 90 – 90

Forms of Agreement 91 – 94 General Conditions of Contract (GCC) 95 – 122 Special Conditions of Contract (SCC) 123 – 131 Appendix – A : Form of Bank Guarantee for Performance Security 132 – 136 Appendix – B : Form of Integrity Pact 137 – 146 Guidelines for Indian Agents of Foreign Suppliers 147 – 148 Appendix – C : Form of Bank Guarantee For EMD 149 – 153 Drawings 154 – 158




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NOTICE INVITING PROPOSAL

1. CIDCO of Maharashtra Limited through the process of e-tendering invites limited “On-line” lump sum Request for Proposal from experience Consultants for the work of ”Providing assistance for data collection and for preparation of proposals for acquiring land earmarked under reservation as per Interim Development Plan (IDP-1) for 23 Villages of NAINA area through LARR 2013 and through consent under NAINA Scheme and TDR model and persuasion upto possession of land in the name of Authority”. The scope of work is as mentioned below:

Sr. No. Description Details

1. Scope of Work: Part A- Collection of data and preparation of data base sheet of land under reservation i.e. 977.30 Ha & Government land i.e 29.30 Ha of area as per Interim Development Plan (IDP-1) for 23 Villages of NAINA area AND

Part B- Providing assistance for the procedure of land acquisition through consent under NAINA Scheme or TDR model and persuasion upto possession of land in the name of Authority within 23 Villages of NAINA area (IDP-1).

Part C- Providing assistance for the entire procedure of land acquisition of land under reservation and Government land within 23 Villages of NAINA area (IDP-1) through LARR 2013.

2. C.A. No. 01/CIDCO/NAINA/ACP(NAINA)/2015-16

3. EMD Rs. 5,00,000/- (To be paid via online payment Gateway Mode only)

4. Consultancy Period 12 Months (Including Monsoon)

5. Bid Price: INR 5250/- (Indian Rupees Five Thousand Two Hundred Fifty only) - including VAT @5% - Non Refundable, to be paid via online payment Gateway Mode only


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2. This RFP document is non-transferable.

3. MANDATORY ELIGIBILITY CRITERIA:

3.1 Statutory Criteria (No Go Criteria)

i) Service Tax Registration Certificate (STC) ii) Valid Bank Solvency Certificate of Rs. 15.0 Lacs. iii) Income Tax Permanent Account Number (PAN) iv) Tax Deduction Account Number (TAN) v) List of Total Staff vi) CV’s of Key Personnel vii) List of Equipments (Software & Hardware) viii) List of Similar Works & its magnitude executed in last 5 years along

with work completion certificate. ix) List of works currently in hand. If Prospective bidders fails to upload scanned copies of above documents then his bid will be considered as non-responsive and disqualified from taking further part in the bid process.

3.2 TECHNICAL EXPERIENCE (GO CRITERIA – Will get marks during technical evaluation of bids)

The prospective bidder must establish that it possesses following technical experience • Shall have experience of carrying out land acquisition related activity

for minimum 500 Ha or 50 km road/rail works in Maharashtra state. • Minimum experience for five years in this field specifically in

Maharashtra area. • Shall have experience of carried out preparation of Land Acquisition

Plans, framing LA proposals in requisite formats, conducting joint measurement survey with revenue authority and working of revenue survey within Mumbai Metropolitan Region with any Government /semi Government/ autonomous body for Revenue related work.

• Shall own 10 Nos. Total station and 2 Nos. RTK DGPS for Land acquisition work.


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3.3 FINANCIAL CRITERIA: (GO CRITERIA – Will get marks during technical evaluation of bids)

The Prospective Bidder must establish that it possesses financial capabilities as under: • The Prospective Bidder must have average annual financial turnover of

Rs. 1.00 Crore in last three financial years from the consultancy services certified by statutory auditors/ Chartered Accountant.

3.4 Key Personnel Resource criteria (Go-Criteria – will get marks during technical evaluation of bids.)

The prospective bidder must establish that it has key personnel resources available with them as it’s permanent employees on the date of submission of bids and submit CV’s of all the employees in the technical bid for evaluation by Technical Evaluation Committee.

No.

Key Personnel & No. Qualification & Experience

A. Team Leader (1 No.)

Graduate/Post Graduate in Civil Engineering/ Surveying Professional Experience- Min. 15 years Relevant Experience- Min. 12 years in survey assignments of major projects using modern survey techniques and equipment such as total station, GPS, acquiring land for infrastructure project etc. Experience in LA of Major Highway Project / Expressway. Job responsibilities- He will lead, co-ordinate and supervise the multidisciplinary team. It will be his responsibility to guide the team in arriving at solutions within the constraints specified in the tender document. Age Limit-60 years on the date of submission of proposal.

B. Cadastral Survey Specialist (1 No.)

Diploma in Civil Engg. or MA Geography Professional Experience- 10 years’ experience in Cadastral Survey works of linear length of 100 Km in Maharashtra state. He should be well acquainted of revenue records (Minimum).


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No.


Age Limit-55 years on the date of submission of proposal

C. Senior Revenue Surveyor (1 No.)

Diploma in civil Engg. or MA Geography Professional Experience- 10 years’ experience in revenue Survey works in Maharashtra state and should have well acquainted with the land acquisition work (minimum). Age Limit-55 years on the date of submission of proposal

D. Sr. CAD Engineer (atleast 1 Nos.)

B.E. Civil / M.A (Geography) / Diploma in Civil Professional Experience- 7 years’ experience in Engineering Surveys, handling Cadastral Survey works in Auto CAD and Land acquisition record digitization and superimposition. Experience in preparation of LA proposals and joint measurement sheets. Age Limit-55 years on the date of submission of proposal.

E. Sr. GIS specialist (atleast 1 Nos.)

Degree in Planning/Civil Engineering with Post Graduate diploma/degree in Geo informatics/GIS. Professional Experience- 5 years’ experience in mapping and GIS related projects. Working experience of at least two projects. Age Limit-55 years on the date of submission of proposal.

Sub- Professional Qualification & Experience F. Valuation Expert

(Atleast 1 No.) Graduation in Civil Engineering with mini. 5 years’ experience in valuation work. The person should be well conversant with the valuation methods of land and assets. Knowledge of local language is a mandatory.

G. Revenue Surveyor (Atleast 1 No.)

Mini. 5 years’ experience in the field of revenue / land acquisition. The person should be well versed with LA procedures and revenue record of as per LARR Act 2013. Land acquisition for Highways / Infrastructure is desirable. Specify the number of


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No.


projects.

H. Talathi (Atleast 1 No.)

Retired Talathi from the State Revenue Department. Knowledge of local language is a mandatory.

4. Consortiums shall not be permitted. Note:

1. Team Leader shall have experience of land acquisition for at least three projects in Maharashtra state and well convergent with the revenue practices.

2. Deputy Team Leader shall have experience of land acquisition for at least three projects in Maharashtra and well convergent with the revenue practices in Raigad district.

3. Retired Dy. Tahsildar from Revenue Department shall have experience of at least one project of land acquisition project during his service.

3.5 Notes for Mandatory Eligibility Criteria:

i) The information regarding Financial Criteria certified by Statutory Auditor/ Chartered Account will only be considered.

ii) If bids are called between 1st April & 30th September of the year then latest audited financial year shall be a year before previous year for financial criteria.(for e.g. if bids are called between 1st April 15 & 30th Sept. 15. Then latest audited financial year shall be a year before previous year for financial criteria i.e. 2013-14)

iii) Joint Venture / participation are not allowed. 3.6 GENERAL NOTES:

1) The online submission will be considered responsive only if it is accompanied by valid Bank solvency certificate of minimum of Rs.15.0 Lakhs, Service Tax Registration Certificate, Income Tax Permanent Account No, Tax Deduction Account Number (TAN), list of total staff, CV’s of Key Personnel, list of equipment (software and hardware), list of similar works &


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it’s magnitude executed in last Five years along with work completion certificates & list of works currently in hand.

The applicant should also produce original documents for verification if called for. Failure to attach requisite documents with application, or to produce original documents, will render applicant not eligible for qualification of bid without any intimation.

2) In case of damaged documents / non openable documents / relevant balance documents of already uploaded documents not found after opening of technical bids then the hard copies of that documents shall be accepted subjected to such documents shall be possess by the bidder before the later date specified in the e-handover of the prepared documents.

3) CIDCO reserves right to reject any or all Bids without assigning any reason and the same shall be at the entire discretion of CIDCO. CIDCO’s decision in this respect shall be final and binding.

4) Conditional Bids shall be summarily rejected.

5) The offer shall remain valid for a period of one hundred twenty (120) days from the later date specified in the e-handover of the prepared document.

6) EMD to be paid via online Payment Gateway mode only. The information of E-Payment Gateway available on E-Tendering Website http://cidco.maharashtra.etenders.in

7) Cost of Blank Bid Document of Rs.5250/- including VAT @ 5% (non-refundable) to be paid via online Payment Gateway mode only. The information of E-Payment Gateway available on E-Tendering Website http://cidco.maharashtra.etenders.in

8) For further details regarding the above, contact ADDL. CHIEF PLANNER (NAINA), CIDCO Ltd., 3rd Floor, Tower 10, Belapur Railway Station Complex, CBD Belapur- 400614. Tel. No.: 022-61365233.

9) For any details regarding e-Tendering system (e-tender registration of the bidder) in CIDCO, please contact service provider M/s. Sify Nex Tenders (India) Pvt. Ltd., Mob. No.: 8879333690, 9167969615, Help-Desk Support No.


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020 – 30187500, website www.nextenders.com, https:\\cidco.maharashtra.etenders.in

10) Bidders are required to pay professional fees / charges via on-line payment gateway mode as per the prevailing rate at the later date specified in the e-handover of the prepared documents, the present rate is Rs. 1054/- (Inclusive of all taxes) to the service provider M/s. Sify Nex Tenders (India) Pvt. Ltd. for uploading the documents and main Bid Document, etc.



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BIDDING SCHEDULE

Name of Work : Consultancy for work of

Part A- Collection of data and preparation of data base sheet of land under reservation i.e. 977.30 Ha & Government land i.e 29.30 Ha of area as per Interim Development Plan (IDP-1) for 23 Villages of NAINA area.

Part B- Providing assistance for the procedure of land acquisition through NAINA Scheme and TDR model and persuasion upto possession of land in the name of Authority within 23 Villages of NAINA area (IDP-1), AND


C.A. No. : 01/CIDCO/NAINA/ACP(NAINA)/2015-16 Seq No

CIDCO Stage Vendor Stage Start Date & Time

Expiry Date & Time

1 Main Proposal preparation &

Release

15/12/2015 11.00 Hrs.

16/12/2015 17.00 Hrs.

2 Main Proposal Document Purchase

16/12/2015 17.01 Hrs.

11/01/2016 17.00 Hrs.

3 Receipt of Queries from Bidders by email

16/12/2015 11.01 Hrs.

31/12/2015 17.00 Hrs.

4 Replies to bidders query as

corrigendum

31/12/2015 17.01 Hrs.

08/01/2016 17.00 Hrs.


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5 Complete Technical & Financial Bid Preparation for online submission of

document, main bid, financial proposal

documents & online bid

08/01/2016 17.01 Hrs.

15/01/2016 17.00 Hrs.

6 Close New Entries (Technical &

Financial)

15/01/2016 17.01 Hrs.

19/01/2016 17.00 Hrs.

7 E-handover of the prepared document

(e-confirmation of online transfer of document)

(e-handover)

19/01/2016 17.01 Hrs.

20/01/2016 15.00 Hrs.

8 Opening & scrutiny of Original Documents

(Technical bid Opening & Scrutiny)

20/01/2016 15.01 Hrs.

29/01/2016 17.00 Hrs.

9 Financial Bid Opening 29/01/2016 15.01 Hrs.

30/01/2016 17.00Hrs.

NOTE:

1) All bidders are required to submit original letter of Bid and original power of attorney for signing of bid within 3 working days from the date of Financial Bid Opening during office hours in the office of ADDL. CHIEF PLANNER (NAINA), CIDCO Ltd., 3rd Floor, Tower 10, Belapur Railway Station Complex, CBD Belapur- 400614. Failure or omission to submit the original documents, as above, shall disqualify the bidder for this bid and also debar the agency for issue of bids for further one year from the month of such debarment.

2) Bidder may attend financial bid opening as mentioned above. No separate intimation will be given regarding Bid opening.


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3) Online pre- proposal queries should be uploaded on e-mail I.D. [email protected] and the reply the queries, deemed as fit to be replied to by CIDCO, as corrigendum will be uploaded as per time mentioned in Bidding Schedule.



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PART – I INSTRUCTIONS TO BIDDERS


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INSTRUCTIONS TO BIDDERS

1.0 GENERAL

Bids are invited for appointment of Consultant for

Consultancy for work of Part A- Collection of data and preparation of data base sheet of land under reservation i.e. 977.30 Ha & Government land i.e 29.30 Ha of area as per Interim Development Plan (IDP-1) for 23 Villages of NAINA area. AND

Part B- Providing assistance for the procedure of land acquisition through NAINA Scheme and TDR model and persuasion upto possession of land in the name of Authority within 23 Villages of NAINA area (IDP-1).


This Request for Proposal document consists of following:

Part I: Instructions to Bidders (ITB) Part II: Data Sheet (DS) Part III: Technical & Financial Form (TFF) Part IV: Terms of Reference (TOR) Part V: Form of Agreement, GCC and SCC (FAGS)

1.2 Detailed description of project, CIDCO’s Requirements, Scope of

Services, Deliverables, and period of professional assignment

related with this Consultancy service are prescribed in the Terms of

Reference (TOR).

1.3 In case the prospective bidder considers that its firm possesses the

requisite experience and the capabilities required for undertaking


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the assignment, it may submit a bid in response to this invitation.

The manner in which the bids are required to be submitted,

evaluated and accepted is explained in the various provisions of

this document.

1.4 Prospective Bidders are encouraged to inform themselves fully

about the assignment and the local conditions before submitting

the bid by paying visits to CIDCO & site area and, by sending pre-

proposal queries to CIDCO. No cost of such visits is reimbursable.

1.5 Financial Proposals of only those bidders who are qualified in

accordance with the Eligibility will be opened.

1.6 The costs of preparing the Proposals and subsequent meetings, if

any including visits to CIDCO office are not reimbursable.

1.7 CIDCO is not bound to accept any of the Proposals submitted and reserves the right to reject any with all Proposals without assigning any reasons and without being liable for the same in any way or manner whatsoever.

1.8 The Proposals must be properly signed as detailed below:

i) By the proprietor, in case of a proprietary firm; ii) By the partner holding the Power of Attorney, in case of a

partnership firm; iii) By a duly authorized person holding the Power of Attorney,

in case of a Limited Company or a corporation;

A copy of the Power of Attorney certified under the hands

of a partner or director of the Bidder Company with a

notary public on the prescribed form shall accompany the


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proposal.

1.9 All documents accompanying the Bid shall be in the English Language and strictly on the forms provided in appendices I to III of (TFF). No supporting document or printed literature shall be submitted with the Bid unless specifically sought for and in case these documents are in another language, they must accompanied by an accurate and authentic translation of the relevant passages in English, in which case, for all purposes of interpretation of the Bid, the translation in English shall govern.

1.10 Bidder should note clearly the date and time e-handover of the prepared document. Bidders are reminded that no supplementary material will be entertained by CIDCO, and that evaluation will be carried out only on the basis of documents received by the closing time of e-handover of the prepared document. Bidders will not be asked to provide additional material information or documents subsequent to the e-handover of the prepared document, and such material if submitted shall automatically stand summarily rejected.

1.11 Conflict of Interest: CIDCO requires that the selected Bidder (the Consultant) provide professional, objective and impartial advice and at all times hold CIDCO’s interest paramount, avoid conflicts with other assignments or their own corporate interests, and act without any consideration for future work with CIDCO.

1.11.1 Without limitation on the generality of the foregoing, Consultants, and any of their associates shall be considered to have a conflict of interest and shall not be selected under any of the circumstances set forth below:

(i) If there is a conflict among this and other consulting


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assignments of the Consultant (including its personnel and sub-consultants) and any subsidiaries or entities controlled by such Consultant. The duties of the Consultant depend on the circumstances of each case. While providing consultancy services to CIDCO for this particular assignment, the consultant shall not take up any assignment that by its nature will result in conflict with present assignment.

(ii) A firm, which has been engaged by CIDCO to provide Goods or Works for this Project, and any of its affiliates etc., will be disqualified from providing consulting services for the same project. Conversely, a firm hired to provide consulting services for the preparation of implementation of a project and any of its affiliates will be disqualified from subsequently, providing goods or works or services related to this project.

1.11.2 The conflict of Interest shall be applicable during the consultancy period as well as for a period of 5 years reckoned from the date of completion of this consultancy period to goods, services, and works directly resulting from this consultancy assignment.

1.12 Fraudulent and Corrupt practices: 1.12.1 The Bidders and their respective officers, employees, agents and

advisers shall observe the highest standard of ethics during the Selection process. CIDCO shall reject a bid if it determines that the Bidder has, directly or indirectly or through an agent, engaged in corrupt, fraudulent, coercive, undesirable or restrictive practices in the Selection Process.

1.12.2 For the purposes of this provision, the terms mentioned above are defined as follows: a) "corrupt practice" means the offering, giving, receiving, or

soliciting, directly or indirectly, of anything of value to


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influence the action of a public official in the Selection Process;

b) “fraudulent practice” means a misrepresentation or omission of facts in order to influence the Selection Process;

c) “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the Selection Process;

d) “undesirable practice” means establishing contact with any person connected with or employed with CIDCO with the objective of canvassing, lobbying or in any manner influencing or attempting to influence the Selection Process; and

e) “restrictive practice” means forming a cartel or arriving at

any understanding or arrangement among Bidders with the

objective of restricting or manipulating a full and fair

competition in the Selection Process.

1.13 Integrity Pact

1.13.1 Integrity Pact will be one of the mandatory documents of Bid submission. All Bidders shall have to duly sign and submit the Integrity Pact on the letter head of the bidder along with the Bid. Non-submission of signed Integrity Pact will lead to bid rejection. Form of Integrity Pact is provided in Part V Appendix B of this RFP.

1.13.2 Aggrieved bidders may approach Chief Vigilance Officer, CIDCO or Independent External Monitors (IEMs) directly with any complaint about the tender or its award.

1.13.3 Only complaints of Bidders will be dealt by IEMs and complaints from non-Bidders will be dealt with by the Vigilance Department of CIDCO.


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1.13.4 IEMs shall monitor the bidding process and also monitor the execution of contract by bidders/appointed parties and review objectively and independently in respect to whether and to what extent the parties comply with the obligations under the Integrity Pact. Their recommendations would be advisory and not legally binding. Their role is independent, and once tendered would not be subject to review at the request of CIDCO/Bidder(s).

1.13.5 When complaint in a tender is under examination by IEMs, any administrative decision shall be taken with prior information of IEMs.

1.13.6 Integrity Pact Coverage and Applicability

The Integrity Pact Covers the pre & post evaluation / contract award period. The Pact becomes effective on signing and submission of the bid by bidder. For the successful bidder, the Integrity Pact ends after 10 months from last payment made to the successful bidder. For the unsuccessful bidders, the Integrity Pact is valid for six months after award of contract.

1.13.7 The findings of IEM will be submitted to the Vice Chairman & Managing Director, CIDCO and taken before the CIDCO Board for further necessary action.

1.14 All documents and other information supplied by CIDCO or submitted by Bidder / consultant shall remain or become the property of CIDCO. Bidders/agencies are to treat all information, as strictly confidential. CIDCO will not return any submissions.

1.15 Bidders are advised that the selection of Consultant shall be on the basis of evaluation process defined in this ITB. Bidders will be deemed to have understood and agreed that no explanation or


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justification of any aspect of the bid Process will be given and that CIDCO’s decisions are without any right of appeal whatsoever.

1.16 Bidders are advised that CIDCO will not respond to any enquiries or enter into communication concerning or relating to bid Process.

1.18 CIDCO reserves the right to make inquiries with any of the clients, listed by the Bidders in their previous experience record.

1.19 How to Obtain RFP Document:

Request for Proposal (RFP) document can be downloaded from e-

tendering website on payment of Non-refundable document fee

of INR 5250/- (Rupees Five Thousand Two Hundred Fifty only)

(Including 5% VAT) to be paid via online Payment Gateway mode

only. The information of E-Payment Gateway is available on E-

Tendering Website http://cidco.maharashtra.etenders.in.

1.20 Key Personnel Resource criteria (Go-Criteria – will get marks

during technical evaluation of bids.)

The prospective bidder must establish that it has key personnel

resources available with them as in house or empanelled experts

on the date of submission of bids and submit CV’s of all the

employees in the technical bid for evaluation by Technical

Evaluation Committee.

No. Key Personnel & No. Qualification & Experience

A. Team Leader (1 No.) Graduate/Post Graduate in Civil Engineering/ Surveying Professional Experience- Min. 15 years Relevant Experience- Min. 12 years in survey


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No. Key Personnel & No. Qualification & Experience assignments of major projects using modern survey techniques and equipment such as total station, GPS, acquiring land for infrastructure project etc. Experience in LA of Major Highway Project / Expressway. Job responsibilities- He will lead, co-ordinate and supervise the multidisciplinary team. It will be his responsibility to guide the team in arriving at solutions within the constraints specified in the tender document. Age Limit-60 years on the date of submission of proposal.


Diploma in Civil Engg. or MA Geography Professional Experience- 10 years’ experience in Cadastral Survey works of linear length of 100 Km in Maharashtra state. He should be well acquainted of revenue records (Minimum). Age Limit-55 years on the date of submission of proposal


Diploma in civil Engg. or MA Geography Professional Experience- 10 years’ experience in revenue Survey works in Maharashtra state and should have well acquainted with the land acquisition work (minimum). Age Limit-55 years on the date of submission of proposal


B.E. Civil / M.A (Geography) / Diploma in Civil Professional Experience- 7 years’ experience in Engineering Surveys, handling Cadastral Survey works in Auto CAD and Land acquisition record digitization and superimposition. Experience in preparation of LA proposals and joint measurement sheets. Age Limit-55 years on the date of submission of proposal.


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No. Key Personnel & No. Qualification & Experience

E. Sr. GIS specialist (atleast 1 Nos.)

Degree in Planning/Civil Engineering with Post Graduate diploma/degree in Geo informatics/GIS. Professional Experience- 5 years’ experience in mapping and GIS related projects. Working experience of at least two projects. Age Limit-55 years on the date of submission of proposal.

Sub- Professional Qualification & Experience

F. Valuation Expert (Atleast 1 No.)

Graduation in Civil Engineering with mini. 5 years’ experience in valuation work. The person should be well conversant with the valuation methods of land and assets. Knowledge of local language is a mandatory.


Mini. 5 years’ experience in the field of revenue / land acquisition. The person should be well versed with LA procedures and revenue record of as per LARR Act 2013. Land acquisition for Highways / Infrastructure is desirable. Specify the number of projects.


Retired Talathi from the State Revenue Department. Knowledge of local language is a mandatory.

2. BID FORMS AND CLARIFICATIONS

2.1 The bidders shall use Letter of Bid with Annexure 1 of Appendix I,

Integrity Pact as Annexure – B, Technical and Financial Forms

prescribed at Appendix-ll to III of TFF respectively to enable them

to prepare the proposal.

2.2 Clarifications

2.2.1 Online pre-proposal queries should be uploaded on e-mail I.D.

[email protected] and the reply to these


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queries as corrigendum will be uploaded as per time mentioned in

Bidding Schedule.

2.2.2 CIDCO reserves the right not to respond to questions raised or

provide clarifications sought, in its sole discretion. Nothing in this

clause shall be taken or read as compelling or requiring CIDCO to

respond to any question or to provide any clarification.

2.3 Amendments to the RFP Document:

2.3.1 At any time prior to the last time and date for complete technical

& financial bid preparation for online submission, the CIDCO, may,

for any reason, whether at its own initiative or in response to a

clarification requested by a prospective Bidder, modify the RFP

Document by an amendment.

2.3.2 The same shall be notified online to all prospective Bidders who

have received the RFP Document and will be binding on them.

2.3.3 In order to provide Bidders reasonable time in which to take the

amendment into account in preparing their bids, the CIDCO Ltd.

may, at its discretion, extend the last date for complete technical

and financial bid preparation for online submission of Proposals.

3.0 BID DOCUMENTS

The Bidder should attach scanned copies of attested documents

in PDF format for “ON-LINE” submission.

4.0 COST OF BLANK BID DOCUMENT

Bidders are required to pay Cost of Blank Bid Document of Rs.5250/- (including 5% VAT (Non-Refundable)) via online Payment


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Gateway mode only. The information of E-Payment Gateway available on E-Tendering Website http://cidco.maharashtra.etenders.in

5.0 EARNEST MONEY

The Bidder shall deposit and keep deposited (for the period

specified hereafter) with CIDCO a sum as shown in this Notice

Inviting Bid as the Earnest money. The Earnest Money shall be

deposited in one of the following forms.

(i) By way of online Payment Gateway Mode.

(ii) By an irrevocable and unconditional Bank Guarantee

executed by a Nationalized / Scheduled Bank located

either in Mumbai or Navi Mumbai in the form prescribed

and valid for 180 days from the last date prescribed for

submission of Bid.

E.M.D. in the form of irrevocable, unconditional Bank

Guarantee will be accepted only if, E.M.D. amount payable

is equal or more than Rs. 5.00 lac.

5.1 The failure or omission to deposit or keep deposited the Earnest Money shall disqualify the Bidder for that Bid.

5.2 No interest shall be payable by CIDCO in respect of such deposited Earnest Money.

5.3 The Earnest Money of an unsuccessful Bidder shall be refunded after the final decision on the Bids or on expiry of the validity period whichever is earlier on request.

5.4 a) The Bidder shall not revoke his Bid or vary its terms and conditions without the consent of CIDCO during the period of 120 days counted from the last day appointed by CIDCO for e-handover of


2323

the prepared document. If the Bidder shall revoke the Bid or vary its terms or condition contrary to his promise to abide by this condition, the Earnest Money Deposited by him shall stand forfeited to CIDCO without prejudice to its other rights and remedies. Without prejudice to the foregoing clause, the Bidder shall be disentitled to submit a Bid to CIDCO for execution of any work for the period of one year effective from the date of such revocation or variations of the terms and conditions of the Bid.

b) The authorized signatory of the lowest Bidder shall duly sign with their company seal on each page of the hard copy of the Bid documents prepared, within 7 (Seven) working days after issue of Letter of Acceptance (LOA).

5.5 In case of the successful Bidder, on payment of the required amount of the Performance Security, the Earnest Money Deposited in the form of online Payment shall be refundable without any interest to the successful Bidder in the event of CIDCO deciding the award of the contract.

5.6 The E.M.D. of the successful Bidders shall be forfeited if:

5.6.1 The E.M.D. of the successful Bidder shall be forfeited if he withdraws/revokes his offer or modifies/changes the same during the validity of the Bid, or if after the acceptance of his Bid, the contractor fails or neglects to furnish the balance Contract Deposit or Performance Security within 15 days from the date of issue of letter of acceptance.

5.6.2 The E.M.D. of the successful Bidder shall be entitled for forfeiture if

he fails to execute contract agreement within 30 days from the

date of issue of Letter of Acceptance.


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5.6.3 The E.M.D. of the successful Bidder shall be entitled for forfeiture if

he fails to commence; the consultancy work within 30 days from

the date of issue of Letter of Acceptance.

5.6.4 The Bidders may also be dis-qualified for Biding for further works in CIDCO as provided in foregoing Clause No. 5.4 (a) on Sl.Pg. No. 20.

6.0 INTERPRETATION OF CONDITIONS OF CONTRACT

The Bidder shall be deemed to have studied all plans, specifications, terms & conditions of Bid and visited the site of work and made himself acquainted with the site conditions before on-line submission of Bid, whether the Bidder inspect them or not.

The Bidder shall be deemed to have made independent enquiries about probable taxes leviable by the local civic authority or the Government. The ignorance about probable taxes to be paid either to the local civic authority or to the government shall not be considered as an excuse. The amount quoted by Bidder shall be deemed to include all the taxes, octroi, duties, royalties, etc. payable under the rules to local civic authority, and / or Government / Statutory body.

On-line submission of Bid implies that Bidder has read these

conditions and other contract documents of the Bid as well as the

conditions of the Bid and as made himself aware of the same as

also about the condition and other factors having bearing on the

execution of the order.

In case of difference of opinion or dispute regarding the

interpretation of Bid conditions, the interpretation of any of the

conditions by ADDL. CHIEF PLANNER (NAINA) of CIDCO Limited

shall be final and binding on the Bidder.


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7.0 MAIN BID DOCUMENT:

Main Bid Document shall be downloaded from the website. Any other queries can be uploaded ON-LINE as per the Bidding Schedule. Right to issue Bid Document is reserved with CIDCO.

8.0 METHOD OF SUBMISSION OF BID:

The complete Bid submission, “ON-LINE” on the website http://cidco.maharashtra.etenders.in, can be made only after payment of Cost of Blank Bid Document, EMD and requisite fees through payment gateway of the service provider by Bidders.

8.1 Bid should be submitted through website http://cidco.maharashtra.etenders.in and ON-LINE only.

8.2 Late Bid offers: Bid’s grievance/ complaint on account of non

submission of Bid due to problem in internet, electricity or any

other reason will not be considered.

9.0 PREPARATION OF PROPOSAL

Bid proposal shall be prepared in two separate parts, each to be

contained as follows:

Part - 1: Technical Proposal

Part - 2: Financial Proposal

The information shall be furnished strictly in the formats

prescribed in TFF.

9.1 Technical Proposal

9.1.1 “TECHNICAL PROPOSAL” shall contain (i) A copy of Letter of Bid in the prescribed format, Power of

Attorney for signing of bid in Annexure – I at Appendix I of TFF and Integrity Pact in Appendix – B;


2626

(ii) Covering letter for Technical Proposal in Form-I of Appendix II of TFF;

(iii) All other information in the formats prescribed at Forms II to Form VI in Appendix II of TFF; and

(iv) The complete set of RFP document as uploaded on the Official Website by CIDCO.

9.1.2 While submitting the technical proposal, Bidder shall ensure the

following:

(i) Upon receipt of such CVs and proofs of engagement,

CIDCO shall interview and interact with the proposed key

personnel. Each such key personnel shall be required to give

a MS PowerPoint presentation, of not more than 10 minutes

each, depicting and communicating their understanding &

vision of the project and their role/job description in the

entire scheme of Consultancy for work of Part A-

Collection of data and preparation of data base sheet of

land under reservation i.e. 977.30 Ha & Government land

i.e. 29.30 Ha of area as per Interim Development Plan

(IDP-1) for 23 Villages of NAINA area,

Part B- Providing assistance for the procedure of land

acquisition through NAINA Scheme and TDR model and

persuasion upto possession of land in the name of

Authority within 23 Villages of NAINA area (IDP-1) AND,

Part C- Providing assistance for the entire procedure of

land acquisition of land under reservation and

Government land within 23 Villages of NAINA area (IDP-1)

through LARR 2013.


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(ii) Key Personnel shall normally remain available for this

Project for the required period of the assignment indicated

at 1.20 of ITB . However, under unavoidable circumstances,

if any change is to be made then the Consultant shall

propose two CVs each of the Key Personnel to be

changed/substituted ensuring that the proposed Key

Personnel’s CVs comply with the conditions (i) to (iii) and

the process of selection by CIDCO shall be as per

conditions. There shall be a minimum period of overlap of

three months between the outgoing & incoming Key

personnel

(iii) The personnel proposed shall possess good working

knowledge of English language and should be fluent in use

of English in its understanding, writing and speaking it; the

personnel proposed should possess good working

knowledge of computers – MS Windows, MS Office (MS

Word & MS Excel) and MS Outlook etc.

9.1.3 Failure to comply with the requirements spelt out in clause 9.1.2

above shall make the Proposal liable to be rejected and the

evaluation of financial proposal shall not be undertaken. If an

individual Key Personnel makes an averment regarding his

qualification, experience, age, and it turns out to be false, he shall

be debarred for any future assignment in CIDCO. The Bidder firm

and its authorized representative countersigning the CV of such

key personnel, which is subsequently found to contain false and

misleading statements or claims shall also be liable for similar

treatment.


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9.1.4 The technical proposal must not include any financial information.

9.1.5 The proposed team shall compose of experts and specialists in the

Fields of Expertise and managerial/support staff so that the

consultant should be able to complete the consultancy work in the

required time schedule. The list of Key Personnel specified in

Clause 1.20 of ITB must be included in the proposed team of

Professional Personnel in addition to other competent

Professionals, covering Fields of Expertise, in sufficient numbers as

are needed for successful completion of this Consultancy. The CV

of such other competent Personnel (Support) should also be

submitted in the form at Form-V of Appendix II of TFF. Such CVs

submitted by the successful Bidder will be examined at the time of

eligibility for inclusion in the team.

9.1.6 CIDCO reserves the right to verify all or any statements,

documents, information and data submitted by the Bidders to

confirm their claim with respect to Eligibility, experience, expertise

and capabilities of the Bidders.

9.1.7 If at any later date, it is found that any documents, information,

statements or data submitted by the Bidders, based on which the

Bidders have been considered eligible or their proposals are

considered or are successful and awarded this assignment, is

found to be incorrect or false in material particulars or misleading,

CIDCO reserves the right to declare such Bidders ineligible and to

forth with disqualify them or to reject their Proposals or to cancel

the Contract, as the case may be, and to appropriate the bid

security as previously agreed to reimbursement of CIDCO’s costs


2929

and genuine pre-estimated loss and damage to CIDCO, without

being liable to the Bidders for the same in any manner whatsoever.

In addition CIDCO shall also debar the agency for issue of bids for

further one year from the month of such debarment.

9.2 FINANCIAL PROPOSAL

9.2.1 The documents containing “FINANCIAL PROPOSAL” shall contain:

(i) Covering letter for Financial Proposal in Form-I of Appendix

III of TFF; and

(ii) All the information in the prescribed forms in Form-ll of

Appendix III of TFF.

9.2.2 While submitting the financial Proposal, the Bidder shall ensure

the following:

i) The key Personnel in Manning schedule shall consist of

working with necessary backup technical supports from

their home office, in project office / site of project.

Accordingly the remuneration of Personnel should be

worked out and reflected in the financial proposal.

ii) All the costs associated with the assignment shall be

included in the Proposal. These shall normally cover

remuneration for all the Personnel in the project office / site

of project with necessary accommodation, air fare /

conveyance technical backup from their home office etc.

equipment, printing of documents, etc. The total amount

indicated in the financial Proposal shall be without any

conditions attached or subject to any assumption, and shall

be final and binding. In case any assumptions or conditions


3030

are indicated in the financial Proposal, it shall be considered

non-responsive and liable to be rejected.

iii) The financial Proposal shall be inclusive of all taxes, octroi,

levies, duties and cost of insurances etc.

iv) Costs (including break down of costs) shall be expressed in

INR only.

10.0 SUBMISSION OF PROPOSALS

10.1 The proposal must be valid for the period stated in the ITB.

10.2 Bid must be on the Forms prescribed at TFF. Any attachment to

such Forms must be in the form of information on sheets of paper

or photocopies of only relevant pages of any document. No

separate documents like printed annual statements, company

brochures, copy of contracts etc. will be entertained.

10.3 The amount quoted shall be firm throughout the period of

performance of the assignment up to and including acceptance of

the Master Plan and other Reports by CIDCO and discharge of all

obligations of the Consultants under the Contract.

10.4 If the name of the eligible/selected Bidder(s) is changed prior to

entering into of the contract, CIDCO may permit the same subject

to the condition that

(i) the Proposal remains the same in every respect except for

the change of the name and relevant documents in this

regard are submitted to CIDCO by the Bidder immediately

and before the last date for execution of the Contract and

(ii) there is no material change in the ownership or control or

constitution of the Bidder as from the date of submission of


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the Proposal.

10.5 Oral statements made by a Bidder at any time regarding any

matter including quality, or arrangement of the equipment or any

other matter will not be considered and will not be binding on

CIDCO.

11.0 PROPOSAL EVALUATION

i) The Bidder shall not contact CIDCO on any matter related to

its Technical and/ or Financial proposal from the time &

date of opening of the bids to the time the contract is

awarded.

ii) Any, effort by a Bidder to influence CIDCO in examination,

evaluation, ranking of proposal or recommendation for

award of contract shall result in rejection of Bidder’s

proposal.

iii) A two stage evaluation process shall be carried out by

CIDCO by constituting a Technical Evaluation Committee for

Technical and Financial proposals.

iv) The Technical Evaluation Committee shall evaluate the

proposals on the basis of their responsiveness to the Terms

of Reference, applying the evaluation criteria, sub-criteria

specified in the RFP Document based on Pass/Fail model.

11.1 Evaluation of Technical proposal

The Bidders failing to meet the minimum essential requirement in

respect of qualification in technical proposal has been indicated in

Appendix –II , the evaluation of his financial proposal will not be

done.

The Tender Evaluation Committee appointed by CIDCO shall carry


3232

out its evaluation applying the evaluation criteria.

TECHNICAL EVALUATION CRITERIA

Sr. No. CRITERION Individual

Weightage A) Manpower ( Those are permanent employee on the date

of submission of bids specified in the key personnel and their experiences)

PASS/FAIL

i) Team Leader (1 No.) ii) Cadastral Survey Specialist (1 No.) iii) Senior Revenue Surveyor (1 No.) iv) Sr. CAD Engineer (atleast 2 Nos.) v) Sr. GIS Specialist (Atleast 1 No.) Sub- Professional

vi) Valuation Expert (Atleast 1 No.) vii) Revenue Surveyor (Atleast 1 No.) viii) Talathi (Atleast 1 No.)

B) Work Experience PASS/FAIL

B-1 Physical work experience i) Shall have experience of carrying out land acquisition

related activity for minimum 500 Ha or 50 km road/rail works in Maharashtra state.

ii) Minimum experience for five years in this field specifically in Maharashtra area.

iii) Shall have experience of carried out preparation of Land Acquisition Plans, framing LA proposals in requisite formats, conducting joint measurement survey with revenue authority and working of revenue survey within Mumbai Metropolitan Region with any Government /semi Government/ autonomous body for Revenue related work.

B-2 Financial Work Experience

i) The Prospective Bidder must have average annual financial turnover of Rs. 1.00 Crore in last three financial years from the consultancy services certified by statutory auditors/ Chartered Accountant.


3333

Sr. No. CRITERION Individual

Weightage C) Equipment Available PASS/FAIL i) Shall own 10 Nos. Total station and 2 Nos. RTK DGPS for

Land acquisition work.

D) Presentation PASS/FAIL

D-1 Project understanding D-2 Approach to Assignment D-3 Proposed Methodology

FINAL RESULT PASS/FAIL

12.0 METHOD OF OPENING OF BID

12.1 On-line Technical Proposals received will be opened and scrutinized

on the date and time specified in the Bidding schedule.

12.2 The Financial proposal of all the eligible firms who pass in technical

evaluation shall be opened and generally the bidder shall give

separate quotes for each of the three parts. Bidder quoting the lowest

in particular part shall be selected for executing that part and shall

qualify for award. The Bids will be opened in the presence of Bidders /

their representative, who deem to remain present for such opening of

financial proposals, through e-tendering procedure at SAP Office, 6th

Floor, CIDCO Bhawan, CBD Belapur, Navi Mumbai.

12.3 CIDCO reserves the right to reject any or all offers. CIDCO is not

bound to give any reason for not considering such offers.

13.0 VALIDITY OF BID


3434

Validity of Bid shall be minimum 120 days from the specified date of

submission. Thereafter it shall remain valid until it is withdrawn by the

bidder(s) by giving a notice, in writing, duly addressed to the

authority opening the Bid. Such withdrawal by the bidder(s) shall be

effective from the date of receipt of notice by the Bid opening

authority.

14.0 NEGOTITIATIONS

14.1 Negotiations normally take from two to five days. The aim is to reach

agreement on all points and final a draft contract by the conclusion

of negotiations.

14.2 Negotiations will commence with the discussions of your Technical

Proposal, the proposed methodology (work plan) staffing and any

suggestions you may have will be included to improve the TORs.

Agreement must then be reached on the final TORs, the staffing and

bar charts, which will indicate activities, staff, and periods in the field

and in the home office, staff months, logistics, and reporting.

Financial Negotiations will then be carried out.

14.3 The client will not consider substitutions of key staff during

negotiations except in cases of unexpected delays in the starting date

or incapability of key professional staff for reasons of health. The

client will also not consider change of key personnel during project

period except for reason of health i.e. serious illness or death, if key

personnel are proposed to be substituted the assignment will be

terminated or consultancy fee will be reduced as given in Data Sheet

in Volume-II.


3535

14.4 The negotiations will be concluded with a review of the draft form of

contract. The client and the consultants will finalize the contract to

conclude negotiations.

15.0 IMPORTANT POINTS TO BE NOTED BY THE BIDDER

a) The ON-LINE submission of Bid document should be done on

website by the eligible agencies as per bidding schedule. The

Bidder has to quote lump sum unit rates (for each key personnel

and other items) and total amount in figure as well as in. words

b) The financial proposal shall be inclusive of all taxes, octroi, levies

duties etc. to be paid by the Bidder for the work.

c) Bidder shall be deemed to have studied all plans, specifications,

terms and made himself/themselves acquainted with the site and

availability of materials, Power supply, water supply etc. before

submitting the Bid.

d) At any time prior to the deadline for sale of Bid, CIDCO may

amend the Bid documents by issuing Corrigendum.

e) Any corrigendum as well as clarification thus issued shall be a part

of the Bid documents and it will be assumed that the information

contained in the amendment have been taken into account by the

Bidder while submitting the Bid.

f) To give prospective Bidders reasonable time in which to take the

amendment into account in preparing their Bids, CIDCO shall

extend, at its discretion, the deadline for submission of Bids, in


3636

which case, CIDCO will notify all Bidders by placing it on website of

the extended deadline and the same will be binding on them.

g) CIDCO is not bound to accept the lowest or any Bid. CIDCO

reserves the right to reject any or all Bids received without

assigning any reasons whatsoever.

h) This detailed notice inviting proposal shall form part of Bid

documents.

i) Income Tax as applicable on gross bill at percentage that will be in

force form time to time will be recovered from the contractor’s

bills, for all payment including advances, if any.

16.0 ACCEPTANCE OF BID

Acceptance of Bid on behalf of CIDCO shall be done by an officer

to whom such powers are delegated by CIDCO.

17.0 EXECUTION OF CONTRACT AGREEMENT:

The successful Bidder is required to execute a contract agreement

in the form attached with the Bid documents on stamp paper of

appropriate value as per Maharashtra Stamp Act, 1958 (as

amended from time to time). The contract agreement should be

presented for adjudication with the office of Collector within period

of ten days from the date of acceptance of the LOA. The duly

adjudicated contract agreement should be executed within 30 days

from the date of acceptance of LOA and thereafter the successful


3737

bidder shall register the said agreement in accordance to the

provision of the Indian Registration Act, 1908.

18.0 if applicable, the successful Bidder will be required to produce a

valid contract labour license issued in his favour under the

provision of the contract labour (Regulation and Abolition) Act,

1970, before starting the work. On failure to do so, the acceptance

of the Bid is liable to be withdrawn and also the earnest money is

liable to be forfeited.

19.0 The Contractor shall pay all applicable taxes, levies, cess etc.

directly to the Government. CIDCO shall not take any responsibility

for any kind of tax payment to the Government at any point of

time.

20.0 If applicable, under Inter-state Migrant Workmen Act and/or

Contract Labour Act, the Contractor should obtain requisite license

/ registration Certificate under the Act while engaging the migrant

labour from other State.

21.0 If applicable, the agencies quoting for the work in NMMC area

must have the valid NMMC Registration Certificate under Cess Act.

22.0 The Bidder shall furnish truly & faithfully the foregoing information

by an Affidavit on a Non-Judicial stamp paper of appropriate value.

If any information so furnished shall be found to be untrue or false,

the Bid shall be liable to be dis-qualified and the Earnest Money/

Performance Security, as the case may be, accompanying such Bid

shall stand forfeited to CIDCO. If the information so furnished shall


3838

be found to untrue or false during the currency of the contract, the

Consultant shall be held to be in default and the contract awarded

to him shall be liable to be terminated with all its consequences.

23.0 Notice Inviting Proposal and these instructions shall form part of

the contract.

24.0 AWARD OF CONTRACT AND ITS EXECUTION: Award of contract and its execution shall be subject to the

following provisions and stipulations:

i. Selection of Agency/Agencies will be within a timeframe of 120

days from the last date of submission as specified in the Notice

inviting Proposal.

ii. CIDCO may seek clarifications/additional documents from the

Agency/Agencies. The Agency/Agencies is bound to furnish the

same within the specified time limit.

iii. The cost incurred by bidder in preparing their bid, or providing

clarifications or attending discussions in connection with this

document shall be borne by the Bidder. CIDCO Ltd. in no case will

be responsible or liable for these costs, regardless of the conduct

or outcome of the process.

iv. It is to be noted that, through the outcome of the above bid

process the individual Professional Assignment for respective field

may get awarded to a single Agency or multiple agencies. CIDCO

reserves the right to accept any bid and to annul the Bid process

at any time prior to award of the contract or reject any or all bids

without assigning any reason therefor and without thereby

incurring any liability towards the affected Bidder or Bidders or

CIDCO shall being any obligation to inform the affected Bidder or


3939

Bidders.

v. On completion of the selection process and the relevant

procedural formalities, the selected Agency/Agencies shall be

awarded the contract by CIDCO issuing it a Letter of Acceptance

(LOA) for the particular Professional Assignment/Assignments. The

deemed date of commencement of the assignment shall be from

the 15 day from the date of issue of LOA.

vi. The person to sign the contract agreement shall be the person

duly authorized.

vii. Performance Security: The successful bidder(s) shall at its own

expense deposit with CIDCO, within fifteen (15) working days of

the date of LOA, an unconditional and irrevocable Performance

Bank Guarantee (PBG) equivalent to 10% of the initial order of

contract price rounded up to nearest hundred towards

Performance Security from a Nationalized/ Scheduled bank of

Mumbai / Navi Mumbai payable on demand for the due

performance and fulfillment of the contract by the bidder. All

incidental charges whatsoever such as premium; commission etc.

with respect to the PBG shall be borne by the bidder. PBG may be

discharged/returned by CIDCO on satisfactory completion of the

contract period. However, no interest shall be payable on the PBG.

The format of Performance Bank Guarantee is given as Appendix-A

and the PBG shall be exactly in this format.

viii. The appointed Agency/Agencies shall provide the detailed

methodology on the Professional assignment along with details of

the Experts who shall be performing this assignment at their office

as well as from CIDCO office. The experts whose profiles are found


4040

to be in deviation from the requirement of RFP and the submission

made in the Technical Proposal shall be rejected.

ix. Nothing in this contract is intended to make nor shall it make

CIDCO the employer of the Agency/Agencies or the Experts

assigned on the task by the Agency/Agencies. The Expert

performing on the assignment from the CIDCO office will work

under the administrative control of CIDCO, as employees of the

Agency/Agencies and they shall have no claim, whatsoever, on

CIDCO for the services rendered as part of the contract with the

selected Agency/Agencies. The selected Agency/Agencies shall be

the employer of the staff provided and only it/they shall be

responsible for the payment of Salary/Consultancy amount and/or

providing risk cover etc. to the personnel provided by them.

CIDCO will not be liable for any compensation or grant,

whatsoever, even if any untoward incident etc. occurs during the

period of contract.

x. Failing to execute the Contract Agreement within the said period may result in termination of contract and award of the same to other Agency/Agencies at the risk and cost of the Agency, who has been issued LOA.

xi. The successful Agency/Agencies shall not further outsource the assignment to other individual/Agencies and if found so, the contract shall be deemed to be cancelled and the PBG shall be forfeited.

xii. Should any dispute arise, it may be referred to a sole arbitrator appointed on mutual consent. Any unresolved dispute shall be


4141

referred to the court within Mumbai / Navi Mumbai jurisdiction in India.

xiii. Confidentiality: The Consultant and their experts performing the assignment shall not at any time, communicate to any person or entity any confidential information acquired in the course of their services on the professional assignment, except when specifically directed/permitted to do so by CIDCO. For the sake of this document and the contract, confidential information shall comprise of any and all information, whether related to the project or pertaining to internal processes of CIDCO. The Consultants shall ensure that a (Non-Disclosure Agreement - NDA), with a format bearing approval of CIDCO, be executed between the Consultants & CIDCO as well as a back-to-back confidentiality agreement between the Consultants & all its key personnel be executed and submitted to CIDCO, all in original sets.

xiv. Termination for Insolvency: CIDCO may at any time terminate

the Contract/ Agreement by giving a written notice to the

Consultant. Termination of contract shall be without compensation

to the Consultant, provided that such termination will not

prejudice or affect any right of action or remedy, which has

accrued or will accrue thereafter to CIDCO.

25.0 PAYMENT DETAILS

• Bills for the performance of the professional assignment shall

be submitted by the Consultant on the 1st day of subsequent

month as per the payment schedule.

• The payment shall normally be made by the within 15 days of

the submission of the correct bill. Payments shall be subject to


4242

deductions of any amount for which the Consultant is liable

under the agreement against this contract.

• Payments made shall be deemed to be inclusive of all taxes

and Cess as applicable under the Indian Law.

• Should there be a requirement for extension of period of

Professional Assignment, payments shall be made as per the

terms and conditions of the initial contract only. No

requests/demands for any increase in amounts/rates or

changes in payment structure shall be entertained by CIDCO.

26.0 PAYMENT SCHEDULE The Bidder shall be paid in the following activities consistent with the work done. Payment made to the Bidder would be on account basis and shall be adjusted against the final amount payable.

Sr. No. Activities in Brief

% of Amount payable of

PART-A Amount

Part A- Collection of data and preparation of data base sheet of land under reservation i.e. 977.30 Ha & government land i.e. 29.30 Ha of area as per Interim Development Plan (IDP-1) for 23 Villages of NAINA area

1) Collection of revenue records like village maps, Tippan, 7/12, 8A extract and measurement plans from TILR, Gaon Namuna No.1 etc from the concerned district authorities (fees in this regard will be borne by CIDCO).

20%

2) On submission of detailed data base sheet and preparation of land plan as per revenue records in the format as finalized by CIDCO officials.

20%

3) On submission of all the data in ArcGIS format and on submission of customized

30%


4343



PART-A Amount

application on Arc GIS for adding and updating data and for generating queries on it.

4) On submitting final report of the methodology adopted, findings and analysis of data collected & on acceptance by CIDCO.

30%

TOTAL PERCENTAGE FOR PART-A 100%



PART-B Amount

PART B- Providing assistance for the procedure of land acquisition through NAINA Scheme and TDR model and persuasion upto possession of land in the name of Authority within 23 Villages of NAINA area (IDP-1).

1) On issuing all the public notices/ advertisements to all land owners to take benefit of the 'NAINA scheme’ and TDR model.

10%

2) On submission of all documentation and plan after finalizing the areas under NAINA scheme and TDR model

10%

3) On submission of detailed report on joint measurement survey and Demarcation of land boundaries on site through Revenue authority.

30%

4) On final execution of agreement with the Land owner

20%

5) On Physical handing over of possession of land from landowner to CIDCO in presence

30%


4444



PART-B Amount

of concerned revenue officials and on acceptance by CIDCO.

TOTAL PERCENTAGE FOR PART-B 100%



PART-C Amount

PART C- Providing assistance for the entire procedure of land acquisition of land under reservation and Government land within 23 Villages of NAINA area (IDP-1) through LARR 2013.

1) On Publication of preliminary notification for land acquisition as per section 11. Preparation of various notices and dispatch of notices to all the concern land owners for the joint measurement on site as per section 12.

5%

2) On Demarcation of land boundaries on site through Revenue authority and Performing Total Station Survey for Identification & measurement of properties (such as Trees, structures, wells, gardens etc)and its valuation for CIDCO/ concerned Government department.

10%

3) On Assisting and conducting hearing of objection if any as per Section 15.

5%

4) On Preparation and approval of rehabilitation and Resettlement scheme under section 16

5%

5) Assistance and laisioning with Revenue department for publication of declaration

5%


4545



PART-C Amount

under section 19 and Preparation of various notices and dispatch of notices to the person interested under section 21

6) Preparation of JM sheets, Area Calculation, determining market value and providing assistance to CIDCO for preparation of award notification, working out compensation package etc.

20%

7) Assisting CIDCO in preparation of compensation award in favour of affected parties/ beneficiaries including rehabilitation/resettlement package in favour of eligible beneficiaries and Distribution of award/compensation in co-ordination with Dy. Collector (LAQ).

20%

8) Assisting CIDCO in organizing the physical handing over of possession of land from landowner to CIDCO in presence of concerned revenue officials.

30%

TOTAL PERCENTAGE FOR PART-C 100%

27.0 INDEMNITY

The Consultant shall indemnify CIDCO for any direct loss or

damage that is caused due to deficiency in services by the

Consultant.

28.0 DATA SHEET

The Conditions of data sheet, as specified in this RFP, shall form

part of the Instructions to Bidders, and shall be deemed to be part


4646

of the Contract.

29.0 PROJECT BRIEF – NAINA

29.1 Introduction

On 10.01.2013, the Government of Maharashtra has appointed

City and Industrial Corporation of Maharashtra (CIDCO) as the

Special Planning Authority (SPA) for Navi Mumbai Airport

Influence Notified Area (NAINA) comprising of 256 villages of

Raigad District and 14 villages of Thane district encompassing

about 561 Sq.Km. (subject to verification of village areas from

revenue records).

The area being in close proximity of Navi Mumbai and having

influence of NMIA (Navi Mumbai International Airport), JNPT

(Jawaharlal Nehru Port Trust), and proposed transport corridors

viz. Multi Modal Corridor, Mumbai Trans Harbor Link (MTNL),

Dedicated Freight Corridor (DFC), Mumbai Vadodara SPUR, etc.

the NAINA has the potential to develop as a economic

powerhouse of Mumbai Metropolitan Region (MMR).

To realize this, CIDCO’s mission is to create a world class

infrastructure with an efficient public transportation system &

housing for low income group without sacrificing the

environmental and financial sustainability. The approach for

development is based on minimum land acquisition and using

land as a resource to raise finances for the project.

The vision for NAINA is to develop as competitive, Inclusive and

sustainable city within MMR that can offer enriching environment

for living, learning and work. It is also proposed to develop NAINA


4747

area as a SMART and GREEN city. In order to achieve this vision

CIDCO has introduced a “NAINA Scheme” which pivots on eliciting

participation and contribution of private landowners in developing

infrastructure thro’ voluntary participatory model.

Preparation of Interim Development Plan-I

To demonstrate and test the NAINA Scheme, an Interim

Development Plan for 23 villages for approx. 37 sq kms (or 3,683

Ha), in Phase-I area was prepared and published on 13.08.2014.

Subsequently the process of suggestion/objection, appointment of

planning committee as per procedure laid down under Act has

been completed and the plan is submitted for approval to

Government on 22.09.2015.

NAINA Scheme

The NAINA scheme is applicable for land aggregations above 10

Ha outside urban village or above 4 Ha within Urban Village, and

involves surrendering of 40% of land for roads, open spaces,

amenities and growth center by the land-owners to Authority ‘free

of cost by consent agreement’. The retained 60% land with the

owners enjoys FSI of 1.7. Additional, 20% BUA over & above BUA

generated on 60% land shall necessarily be constructed for

EWS/LIG housing. Such lands (viz 40% of total holding) shall be

handed over to Authority. Any land owner, whose lands are

affected by reservations more than 40% and is surrendering all the

lands, shall get TDR twice the land in excess of 40%. Any land

owner participating in the 'NAINA scheme' whose lands are not

affected by any of the reservations or affected by reservations less


4848

than 40% shall surrender balance component of 40% area to

CIDCO. Thus every land owner participating in 'NAINA Scheme'

shall surrender at least 40% of his land.

For non-participants in NAINA Scheme, the FSI permissible shall

be 0.5 and Off-site City Service Delivery Charges (OCSDC) @ Rs.

2311/ Sq.M on land area shall be applicable as their contribution

towards infrastructure.

15% of developable land in IDP is earmarked as Growth Centre to

be acquired by CIDCO. Growth Center lands shall be the mainstay

for funding the infrastructure of the project area and have the

potential to be developed into business districts on the lines of

BKC, Bandra.

Strategy for development

After receipt of sanction of IDP by the UDD, GoM, all lands under

reservations shall be notified for acquisition under the LARR Act,

2013. Simultaneously, CIDCO will declare through public

advertisement about the advantage of surrendering land through

voluntary participation and invite all land owners firstly, by taking

benefit of the 'NAINA scheme' by aggregating lands above 10 Ha

outside urban village or above 4 Ha within Urban Village and

secondly by the consent agreement by accepting TDR. The ‘NAINA

Scheme’ and voluntary participation by accepting TDR will be kept

open for a limited time period (say for 4 months). Acquisition

notices shall be withdrawn on those lands where the owners are

willing to join ‘NAINA Scheme’ and those who are ready to

surrender land by accepting TDR within this period. The land of

such participants will be acquired through Consent Agreement


4949

without monetary compensation, and all other benefits of 'NAINA

scheme' including FSI will be applicable to the participants.

Through NAINA Scheme, CIDCO intends to play the role of

facilitator encouraging land aggregation, planned development

and creation of physical infrastructure through funds raised from

sale of private lands obtained through a voluntary participatory

model of development.

The gross area of IDP is 3683 Ha, out of which the area available

for future development is 2463 Ha. 25% of Developable land has

been demarcated for city level and peripheral level infrastructures

such as proposed roads & reservations. 15% developable land has

been earmarked against growth centre lands which will be on the

account of CIDCO to further utilize those lands for other purposes.

The proposed land use under reservation within IDP-1 area and

details of Government land is as follows:

Reservations Area in Ha

Growth center 397.59

Proposed road 314.11

Reservation- parks & playground 186.74

Reservation- amenities & utilities 78.85

TOTAL (A) 977.29

Government land (B) 29.30

Total (A+B) 1006.59

OBJECTIVE

Once the GoM approves the IDP, the implementation of the plan


5050

shall start immediately. For that it is necessary to acquire 977.29

Ha of land under reservation for the project. CIDCO intends to

appoint well qualified experience Consultant/s to assist in the task

of acquiring the land earmarked under reservation in the Interim

development Plan for 23 Villages through two ways

simultaneously:

I. By Voluntary participation-

A. Surrendering land under NAINA scheme and

B. handing over land by consent agreement by accepting

TDR and,

II. By Non-Voluntary participation-

A. Acquisition of lands through LARR-2013

Scope of work

The scope of work broadly divided into three parts:

Part A-

Collection of data and preparation of data base sheet of land

under reservation i.e. 977.30 Ha & Government Land i.e. 29.30 Ha

of area as per Interim Development Plan (IDP-1) for 23 Villages of

NAINA area, and

PART B- Providing assistance for the procedure of land acquisition through

NAINA Scheme and TDR model and persuasion upto possession of

land in the name of Authority within 23 Villages of NAINA area (IDP-1).

Part C-

Providing assistance for the entire procedure of land acquisition of

land under reservation and Government land within 23 Villages of

NAINA area (IDP-1) through LARR 2013.


5151

29.2 Data available with the client

The following data available with the CIDCO-NAINA:

i) CIDCO has obtained Geo-referenced satellite Imaginary

(World View- 2) for whole NAINA area comprising 270

villages for MRSAC in year 2012-13.

ii) Geo referenced cadastral map of the IDP-1 area in GIS

format is also available at CIDCO- NAINA office.

iii) CIDCO has also established Bench mark on ground.

iv) The existing structures, physical features like boundary wall,

fencing, water bodies etc. are also obtained within NAINA

area though LIDAR survey and Satellite Imaginary by the

consultant appointed by the CIDCO- NAINA.

v) CIDCO has prepared all landuse plans both existing and

proposed, in the GIS platform.

vi) The process of conducting detailed Environmental Impact

assessment (EIA) and Environment Management Plan (EMP)

for the IDP of NAINA for obtaining a consolidated

Environmental Clearance has already been initiated by the

CIDCO office.




5252

PROJECT INFORMATION

1.1 INTRODUCTION

It was realized in 1990s that the existing airport at Mumbai, was

fast reaching saturation and scope for further enhancement of

passenger and cargo handling facilities along with aircraft

maintenance and city side facilities appeared very limited.

Therefore a second airport in the Mumbai Region became

imperative. Accordingly following the policy of Greenfield airports

in PPP mode, CIDCO initiated studies of locating the airport within

Navi Mumbai and selected a location close to the mouth of Panvel

Creek.

1.2 ENVIRONMENT CLEARANCE FOR AIRPORT

CIDCO successfully sought approvals for the proposed

International Airport in Navi Mumbai from Figure 2.1: Location of

NAINA in MMR Government of Maharashtra, Ministry of Civil

Aviation and Ministry of Environment & Forest, Government of

India. While granting the Environmental and Coastal Regulations

Zone (CRZ) clearances to the proposed Greenfield airport on 22nd

November, 2010, Ministry of Environment & Forest (MoEF),

Government of India, expressed concern about likely unplanned

and haphazard development around Airport within 20 km radius.

1.3 NAVI MUMBAI AIRPORT INFLUENCE NOTIFIED AREA

In response to the concerns expressed by MoEF while granting the

EC, Government of Maharashtra notified the area around the

proposed airport, called as “Navi Mumbai Airport Influence

Notified Area (NAINA)" and appointed CIDCO as the Special


5353

Planning Authority (SPA) for the same1.

NAINA comprises 270 revenue villages from Uran, Panvel, Karjat,

Khalapur, and Pen Talukas of Raigad district and Thane Taluka of

Thane district of Maharashtra. Out of which, 217 are full revenue

villages and remaining are part revenue villages. Together, it has

an area of approximately 56,172 ha (561 km2). CIDCO was

appointed as SPA for NAINA, by GoM under Section 40.1 (b) of

MR&TP Act, 1966 through Govt. Notification No. TPS-

1712V475/CR-98/12/UD-12 dated 10m January, 2013.

2. NEED FOR INTERIM DEVELOPMENT PLAN (IDP)

2.1 INTRODUCTION

For SPA, it is mandatory to prepare Development Plan (DP) within

3 years from the date of appointment under Section 21 of MR&TP

Act, 1966. Given the extensive area of NAINA and the content and

procedure of preparing Development Plan as laid down in the

MR&TP Act, 1966 the preparation of full-fledged Development

Plan would require considerable time. It was therefore decided to

prepare an Interim Development Plan (IDP) for a part of NAINA as

enabled by MR&TP Act 1966 essentially for following two reasons.

Testing of Innovative Land Development Model: An innovative

concept that promotes voluntary land assembly, contributes land

for public purposes, finances infrastructure development, has been

developed by CIDCO for NAINA. However, this concept needs to

be tested quickly in the real world, with regard to its applicability

and acceptability by the landowners and developers in NAINA.

Development Pressure: Area near Panvel railway station and the


5454

proximity to proposed airport is experiencing relatively

accentuated activity. To manage such development pressures,

provisions of Mumbai Metropolitan Region, Regional Plan (MMR

RP) are not adequate and legal provisions by way of IDP and

Development Control Regulations (DCR) are considered to be

necessary.

2.2 EXTENT OF COVERAGE IN IDP-I

The area selected for IDP comprises 23 villages with an area of

3683.09 Ha. Copy of the draft report on IDP and Development

Control and Promotion Regulations are attached as enclosure 1

and 2 respectively. Fig 3.1 shows the IDP are with reference to

NAINA area and Fig 3.2 shows the villages covered in IDP.

2.3 EXTENT OF COVERAGE OF IDP-II

It is proposed to take up preparation Interim Development Plan –II

for the 114 villages covering an area of 218 sqkm for which ELU is

available The Interim Development Plan II of 114 villages shall

consist of- Phase I: For which detailed development plan

indicating reservations shall be prepared and Phase II: For which a

Development Plan in form of broad Structure Plan indicating

zones and major road network shall be prepared.

The extent of Phase I boundary is being decided taking into

consideration the readiness and capacity of CIDCO to provide

infrastructure to these area in next 10 years

2.4 DEVELOPMENT PLAN OF NAINA

The remaining area of 133 villages is considered as Phase

development for which a broad zoning plan will be prepared and


5555

incorporated in the development plan for NAINA. The

Development plan of NAINA will be comprehensive , and will

include the IDP-I area of 23 villages ( Phase- I) , IDP-II area of 114

villages (Phase I & Phase II) and the balance area of 133 villages

(Phase II development )

3.0 LAND DEVELOPMENT MODEL (NAINA - SCHEME)

CIDCO has proposed a land assembly model for development of

the IDP area. The land assembly model called as “NAINA-Scheme”

envisages land aggregation required of minimum 10 ha of which 4

ha will be handed over to CIDCO and the developer will be

permitted to use the balance 6 ha. As a compensation for handing

over the 4 ha of land the FSI of entire 10 ha will be usable on

balance 6 ha. The permissible FSI is 1 for entire 10 ha and due to

NAINA-Scheme the developer can use the FSI of 1 on the balance

6 ha making the actual FSI consumed on 6 ha to be 1.7.

Furthermore CIDCO has assured the developers of providing

connecting infrastructure such as trunk sewer lines, sewage

treatment plants, clean and safe drinking water and solid waste

management.




5656

PART II DATA SHEET


5757

PART II

DATA SHEET The Contents of this Data Sheet (DS) of RFP shall form part of the Instructions to

Bidders, and shall be deemed to be part of the Contract.

1.0 Date and Time of Pre-proposal Conference shall be: As per the bidding

Schedule.

2.0 The Documents for preparation of Bid (Cl. 2.1 of ITB) shall be following

Forms at T.F.F.:

a) Appendix-I: Letter of Bid and Annexure-I

b) Appendix-ll: Forms of Technical Proposal

c) Appendix-Ill: Forms for Financial Proposal

3.0 The name of the Client is:

The Vice Chairman & Managing Director,

City & Industrial Development Corporation of Maharashtra Ltd,

2nd Floor, NIRMAL,

Nariman Point,

Mumbai - 400021

4.0 The Address for communication :

i) ADDL. CHIEF PLANNER (NAINA) City and Industrial Development Corporation of Maharashtra Ltd

3rd Floor, Tower 10, Belapur Railway Station Complex, CBD Belapur- 400614. Tel: 91 22 61365233 Fax: 91 22 61365255

Email: [email protected]

ii) Official Website: http://www.cidco.maharashtra.gov.in

5.0 Tax liability


5858

Consultant has to assess all taxes/cess/levies/duties and shall be deemed to

have included them in their financial proposal.

6.0 Submission

Bidder must upload in original statement of qualification and technical

proposal & financial proposal.

The document must be clearly marked:

i. Documents for Technical proposal or Financial Proposal as

appropriate.

ii. C.A. No.

iii. Consultancy name:

iv. Project Name :

v. Name and Address of the Bidder

7.0 Commencement of Assignment (Date, Location)

The Consultant shall commence the services within fifteen days of the date

of Letter of Acceptance (LOA). The location of the services shall be at NAINA

or as decided by CIDCO.




5959

PART – III: TECHNICAL & FINANCIAL FORMS


6060

APPENDIX – I LETTER OF BID & ANNEXURES


6161

LETTER OF BID (LOB)

(On Letter Head, to be attached to “Technical Proposal”)

(Date and Reference)

The ADDL. CHIEF PLANNER (NAINA) CIDCO Ltd., 3rd floor, Tower-10 Belapur Railway Station Building, CBD Belapur-400 614. Maharashtra-INDIA.

Dear Sir,

I/We, _______________________________________________ (Name of Consultant) having examined the RFP Document and understood its contents, hereby submit our Bid for selection as " Land acquisition Consultant" in respect of the Project “NAINA" and state that:

1. All information provided in the Bid and in the Appendices is true and correct and all documents accompanying such Bid are true copies of their respective originals.

2. This statement is made for the express purpose of seeking eligibility for and bidding for the Consultancy for the aforesaid Project.

3. I/We shall make available to CIDCO any additional information it may find necessary or require to supplement or authenticate the Selection statement.

4. I/We acknowledge the right of CIDCO to reject our Bid without assigning any reason or otherwise and hereby waive our right to challenge the same on any account whatsoever.

5. We certify that in the last three years, we have neither failed to perform on any contract, as evidenced by imposition of a penalty or a judicial pronouncement or arbitration award, nor been expelled from any project or contract nor have had any contract terminated for breach on our part.


6262

6. I/We declare that:

(a) I/we have examined and have no reservations to the RFP Documents, including the Addendum(s) issued by CIDCO;

(b) I/we do not have any conflict of interest in accordance with Clause 1.11 of ITB; and

(c) I/we hereby certify that we have taken steps to ensure that no person acting for us, or on our behalf, will engage in any corrupt, fraudulent or coercive practices to influence the Selection Process.

7. I/We understand that you may cancel the Selection Process at any time without incurring any liability to the Bidder and that you are neither bound to accept any Bid that you may receive nor to select any Bidder.

8. I/We certify that we have not been convicted by a Court of law or indicted or adverse orders passed by a regulatory authority which would cast a doubt on our ability to undertake the Project or which relates to a grave offence that outrages the moral sense of the community, and I/We further certify that in regard to matters relating to security and integrity of the country, we have not been charge-sheeted by any agency of the Government or convicted by a Court of Law for any offence committed by us or by any of our sister concerns.

9. I/We further certify that no investigation by a regulatory authority is pending either against us or against our sister concerns or against our CEO or any of our Directors/ Managers/employees.

10. (Name of Bidder) hereby irrevocably waives any right it has at any stage at law or howsoever otherwise arising to challenge or question any decision taken by CIDCO and / or the Government of Maharashtra in connection with the selection of a Bidder or in connection with the Selection process itself in respect of the above mentioned Project and the terms and implementation thereof.


6363

12. A Power of attorney as per form in Appendix-I Annexure-I favour of the authorized signatory to sign and submit this Bid and documents is also attached herewith. The Integrity Pact as per Appendix – B.

The Proof of Eligibility is submitted in the prescribed Form at Form-I, Form-ll, Form- Ill, Form IV, Form V and Form VI of Appendix-ll of RFP.

We confirm that in the event of our proposal being selected for award of Bid as well as any resulting contract, all required documents will be:

i) signed so as to legally bind me/us, and

ii) Submitted with a confirmed Deed of Agreement. Thanking you,

Yours faithfully,

(Signature, Name & Designation of the Authorized Representative)


6464

APPENDIX – I Annexure – I

POWER OF ATTORNEY FOR SIGNING OF BID (On stamp paper of appropriate value

, Notarized & to be attached to ‘Technical Proposal’)

Know all men by these presents that

We ____________________________________________________ (name of firm and address of

the registered office) do hereby constitute, nominate, appoint and authorize

Mr./Mrs. ____________________________(name and residential address) who is presently

employed with us and holding the position of __________ as our true and lawful

attorney {hereinafter referred to as the "Authorized Representative”) 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 Bid for and selection

as the Consultant for "Consultancy Service for Providing assistance for data

collection and for preparation of proposals for acquiring land earmarked under

reservation as per Interim Development Plan (IDP-1) for 23 Villages of NAINA area

through LARR 2013 and through consent under NAINA Scheme and TDR model

and persuasion upto possession of land in the name of Authority for NAINA”,

being developed by CIDCO including but not limited to signing and submission of

all applications, proposals and other documents and writings, participate in pre-

proposal and other conferences and providing information/ responses to

CIDCO/GoM, representing us in all matters before CIDCO, signing and execution of

all contracts and undertakings consequent to acceptance of our bid and generally

dealing with CIDCO/GoM in all matters in connection with or relating to or arising

out of our bid for the said Project and/or upon award thereof to us till the entering

into of the Contract Agreement with CIDCO.

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 Authorized

Representative pursuant to and in exercise of the powers conferred by this Power


6565

of Attorney and that all acts, deeds and things done by our said Authorized

Representative 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)

(Name, Title and Address)

Witnesses:

1. _________________________________________

2. _________________________________________

Accepted (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 executant(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 Bidder 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 Bidder:


6666

• For a Power of Attorney executed and issued overseas, the document will

also have to be legalized by the Indian Embassy and notarized in the

jurisdiction where the Power of Attorney is being issued.


6767

APPENDIX-II (FORMS FOR TECHNICAL PROPOSAL)


6868

FORM-I Technical Proposal submission Letter

(On Firm's Letter Head) (Date and Reference) To, The ADDL. CHIEF PLANNER (NAINA) CIDCO Ltd., 3rd floor, Tower-10 Belapur Railway Station Building, CBD Belapur-400 614. Maharashtra-INDIA. Tel: 91 22 61365233 Dear Sir, Subject: Request for Proposal for providing assistance for data collection and

for preparation of proposals for acquiring land earmarked under reservation as per Interim Development Plan (IDP-1) for 23 Villages of NAINA area through LARR 2013 and through consent under NAINA Scheme and TDR model and persuasion upto possession of land in the name of Authority - Regarding Technical Proposal

I/We _________________________________________ Bidder/Bidder firms herewith enclose

the Technical Proposal for selection of my/our firm/Consortium as Consultant for

above.

Yours faithfully,

Signature: -__________________

Full Name -___________________

Designation -__________________

Address -__________________


6969

(Authorized Representative)


7070

FORM-II

Major similar Consultancy Service completed during last 05 years (on the date

of Submission of Bid) that best illustrate Firm's Experience

Please provide information of only those projects for which the Bidder's firm was

legally contracted by the respective client as an individual corporate entity for

consultancy services (use separate sheet for each work).

Bidder's Name …………………………………………………………….. …………………………………………………………….. ……………………………………………………………..

Was it the Individual firm in the assignment? If not, please indicate whether it was (a) the Lead Member

Individual Firm/ Lead Member (Please strike out whichever is not applicable)

Assignment Name :

Name of Client and Address :

…………………………………………………………………………………………………… …………………………………………………………………………………………………… ……………………………………………………………………………………………………

Client’s Representative Telephone/Mobile No. /Fax No./Email

No. of Staff Deployed by the Firm

No. of the Man Months deployed by the Firm.

Start Date (Month/ Year)

Completion Date (Month/ Year)

Value of Consultancy Service in Indian

Rupees

Area of Consultancy Service in Sq.Km.

Name of Key Personnel Deployed by the Firm and functions performed by them: …………………………………………………………………………………………………… …………………………………………………………………………………………………… …………………………………………………………………………………………………… Description of Services provided by the Bidder's staff: …………………………………………………………………………………………………… …………………………………………………………………………………………………… ……………………………………………………………………………………………………


7171

Brief description of Project:

……………………………………………………………………………………………………

……………………………………………………………………………………………………

Authorized Representative (Seal & Signature)

Name:

Designation:

Signature of the Authorized Representative

Note:

1. Do not submit more than Twenty (20) consultancy works.

2. Please do attach any supporting document such as certificate from client,

copy of contract, etc.

3. Please attach a certificate from respective Statutory Auditor / Chartered

Accountant as below as evidence of completion of above works by the firm:

Certificate from the Statutory Auditor / Chartered Accountant regarding

assignments

This is to certify that the __________________________(name of the Firm) has received

amounts on account of the professional fees for consultancy services rendered and

that the assignments were completed as per details noted below :

Name of Assignment

Total Amount Received

(in INR, Crores)

Total Area in Sq. Km.

Year of Completion

1.

2.

3.

4.


7272

Statutory Auditor / Chartered Accountant

Name:

Designation:

Signature of the Statutory Auditor / Chartered Accountant


7373

FORM - III Individual Firm’s turnover for the last 5 years.

SI. No.

Financial Year

Working Capital (INR)

Profitability(+/-)

Net Worth (INR)

Annual Turn Over (INR)

1. 2009-10 2. 2010-11 3. 2011-12 4. 2012-13 5. 2013-14

Average Annual Turn Over of last Three years = ______________________ (INR) Authorized Representative Name: Designation:


Note: • Please do attach any printed Annual Financial Statement.

• Please attach a certificate from Statutory Auditor / Chartered Accountant as

below:

Certificate from the Statutory Auditor / Chartered Accountant regarding annual Turnover

This is to certify that the annual turnover collected and appropriated by the _______ ____________________________________ (name of the Bidder Lead Member or Individual Firm) on account of the professional fees from consultancy services rendered during the past five years were INR as per year-wise details noted below: SI. No.

Financial Year

Working Capital (INR)

Profitability(+/-)

Net Worth (INR)

Annual Turn Over (INR)

1. 2009-10 2. 2010-11 3. 2011-12 4. 2012-13 5. 2013-14

Average Annual Turn Over of last Three years = ______________________ (INR)


7474

Statutory Auditor / Chartered Accountant Name: Designation: Signature of the Statutory Auditor / Chartered Accountant


7575

FORM - IV PARTICULARS OF KEY PERSONNEL

(Please provide at least one CV of for each personnel) Sr. No.

Position of Key Personnel

Names of Personnel

EducationalQualification

No. of years of relevant experience

in firm

Employment status with

firm (Permanent)

Signature of personnel

A. Team Leader (1 No.)




E. Sr. GIS Specialist (Atleast 1 No.)

Sub- Professional

F. Valuation Expert (Atleast 1 No.)



Authorized Representative

Name:

Designation:



7676

FORM-V FORM FOR CURRICULUM VITAE (CV) FOR PROPOSED KEY

PERSONNEL

1. Proposed Position:

2. Name of Personnel:

3. Date of Birth:

4. Nationality:

5. Educational Qualification:

{Summarize college/university and other specialized education of Personnel, giving

degrees obtained)

6. Employment Record:

(Starting with present position, list in reversed order, every employment

held. List all positions held by staff member since graduation, giving dates,

names of employing organization, title of positions held and location of

assignments. Experience period of specific assignment must be clearly

mentioned).

7. Relevant Project Experience

Furnish list of relevant project experience which describe the suitability and

eligibility of the Personnel for this Consultancy with brief description of role,

responsibility and duration of the services performed; brief description of

the project.

8. Summary of the CV

(Furnish a summary of the above CV. The information in the summary shall

be precise and accurate. The information in the summary will have bearing

on the evaluation of the CV).

A) Education:

Field of Graduation and year

Field of Post Graduation and year

Field of Ph.D and Year


7777

B) Professional Experience as below:

i) Total professional experience:______________________ Yrs.

ii) Positions held:

a) ____________________ Yrs.

b) ____________________ Yrs.

c) ____________________ Yrs.

iii) Essential Work Experience: ____________________ Yrs.

C) Regular Employment with the Firm: (Yes/No)

If yes, how many years:

If no, employment Arrangement with the firm:

9. Details of the current assignment and the time duration for which services

are required for the current assignment.

Certification:

1. I am willing to work on the project and I will be available for a

minimum period of one year for the project assignment.

2. I, the undersigned, certify that to the best of my knowledge and

belief, this CV correctly describes me, my qualification and my

experience.

Signature of the Candidate ___________________________

Place ___________________________

Date ___________________________

Signature of the Authorized Representative of the firm ___________________

Place ___________________________

Date ___________________________

Note: Each page of the CV shall be signed by blue ink/digital signature by

both the staff members and the Authorized representative of the firm.

Photocopies shall not be considered for evaluation.


7878

FORM-VI

UNDERSTANDING OF TOR, METHODOLOGY AND WORK PLAN PROPOSED FOR PERFORMING THE ASSIGNMENT

The descriptive part of submission under this will be detailed precisely under the

following topics.

1) Understanding of TOR

The Bidder will submit his understanding of the TOR specified in the RFP in

a brief manner underlying the crucial and important aspects of it. The Bidder

may supplement various requirements of the TOR if he considers this would

bring more clarity and improvements over the existing requirements and

assist in achieving the various tasks laid down in the TOR.

2) Methodology

The Bidder will submit his methodology for carrying out this assignment,

outlining his approach toward achieving the Objectives laid down in the

project brief TOR. Scope of Services laid down in the TOR is indicative for

achieving the specified Objectives. The Bidder should briefly explain how he

will build upon them once the consultancy is awarded to him.

3) Work Plan

The Bidder will submit a brief write up on their proposed team of personnel explaining how various Fields of Expertise and experience needed for this assignment has been fully covered by their proposal. The Bidder should specify the sequence of important activities and quality assurance plan for carrying out the Consultancy services.


Name:

Designation:



7979

FORM-VII

INFORMATION OF EQUIPMENT / OFFICE / KEY PERSONS

A) Equipment with Consultant

________________________________________________________ _______________________________________________________ ________________________________________________________

B) Office Details of Consultant

________________________________________________________ ________________________________________________________ ________________________________________________________

C) Key Persons (Qualifications & Experience)

________________________________________________________ ________________________________________________________ ________________________________________________________


Name:

Designation:



8080

APPENDIX – III

(FORMS FOR FINANCIAL PROPOSAL)


8181

FORM – I Financial Proposal submission Letter

(On Firm's Letter Head)

(Date and Reference)

ADDL. CHIEF PLANNER (NAINA) CIDCO Ltd., 3rd floor, Tower-10 Belapur Railway Station Building, CBD Belapur-400 614. Maharashtra-INDIA. Dear Sir,

Subject: Request for Proposal for Consultancy for work of Part A- Collection of data and preparation of data base sheet of land under reservation i.e. 977.30 Ha & Govt. land i.e. 29.30 Ha of area as per Interim Development Plan (IDP-1) for 23 Villages of NAINA area.

Part B- Providing assistance for the procedure of land acquisition through NAINA Scheme and TDR model and persuasion upto possession of land in the name of Authority within 23 Villages of NAINA area (IDP-1). AND


I/We ________________________________________ Bidder / Bidder firms herewith enclose the Financial Proposal for selection of my/our firm/Consortium as Consultant for above. Yours faithfully,

Signature _______________________ Full Name _______________________ Designation _______________________ Address __________________________ __________________________________

(Authorized Representative)

Note: The Financial Proposal is to be filled strictly as per the forms given in RFP.


8080

FORM – II

FINANCIAL PROPOSAL

Name of the work : Consultancy for work of

Part A- Collection of data and preparation of data base sheet of land under reservation i.e. 977.30 Ha & Govt. land i.e. 29.30 Ha of area as per Interim Development Plan (IDP-1) for 23 Villages of NAINA area. AND

Part B- Providing assistance for the procedure of land acquisition through NAINA Scheme and TDR model and persuasion upto possession of land in the name of Authority within 23 Villages of NAINA area (IDP-1).


C.A. No. : 01/CIDCO/NAINA/ACP(NAINA)/2015-16

I/We hereby confirm that I/We have examined contents of proposal including addendum (as applicable), conditions of contract etc. forming part of the proposal and accordingly I/We hereby submit our offer to execute the said work as per the proposal in all respects at the rates quoted below :

Sr. No. Name of Work Total Amount *

Unit Rates in Rs

Consultancy for work of

Part-A Collection of data and preparation of data base sheet of land under reservation & Government land total admeasuring i.e. 1006.59 Ha of area as per Interim Development Plan (IDP-1) for 23 Villages of NAINA area.

Hectare


8181

Sr. No. Name of Work Total Amount *

Unit Rates in Rs

Part- B Part B- Providing assistance for the procedure of land acquisition through NAINA Scheme and TDR model and persuasion upto possession of land in the name of Authority within 23 Villages of NAINA area (IDP-1).

Hectare

Part-C Providing assistance for the entire procedure of land acquisition of land under reservation and Government land within 23 Villages of NAINA area (IDP-1) through LARR 2013.

Hectare

* Inclusive of all applicable Taxes, Cess & Service Tax etc.

Notes:

1. The financial evaluation shall be based on the above proposal. The total amount shall, therefore, be the amount for purpose of financial evaluation.

2. No escalation on any account will be payable on the above amounts. 3. Insurance and any other charges not shown here shall be deemed to be included

in the amount. 4. All payments shall be made in Indian Rupees and shall be subject to applicable

Indian withholding taxes, if any.

Authorized Signatory Name of the Firm & Stamp

ADDL. CHIEF PLANNER (NAINA) Date.:


8282

PART – IV TERMS OF REFERENCE (TOR)


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TERMS OF REFERENCE (TOR)

1.0 TERMS OF REFERENCES 1.1 Overview

The Consultant / Agencies will be required to carry out professional assignments for CIDCO, as stipulated in the requirements outlined under Clause No. 2.0, Scope of Work in the following fields: Attending all the meetings about this project related to data

collection and land acquisition Co-ordination with the local villagers for joint measurement Co-ordination with Revenue Department to speed up the Land

acquisition process Liaison work wherever and whenever required Additional services related to land acquisition under voluntary

participations

1.2. Requirements of Experts Qualification and Experience on Professional Assignments The experts who shall be undertaking the professional assignments should have the required Qualifications and Experience as detailed at Cl. 1.20 of ITB.

1.3 STANDARD CODES OF PRACTICE

All activities related to land acquisition will be as per the latest guidelines / circulars relevant publications of revenue department of Government of Maharashtra. The Consultant, upon award of the contract, shall finalize this in consultation with CIDCO.

1.4 Requirements of the Professional Assignment An illustrative list of the tasks to be performed under the professional Assignments are detailed herewith, but not limited to:

2.0 Scope of work

Part A- Collection of data and preparation of data base sheet of land under reservation i.e. 977.30 Ha & Govt. land i.e. 29.30 Ha of


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area as per Interim Development Plan (IDP-1) for 23 Villages of NAINA area. The scope of work for the appointment of Consultant (Part- A) shall at least involve the following:

1. Collection of revenue records like village maps, Tippan, 7/12, 6A & 6D extract, 8A extract, Gut Book, measurement plans from TILR and Gaon Namuna No.1 etc from the concerned district authorities (fees in this regard will be borne by CIDCO).

2. Preparation of data base sheet in the format as finalized by CIDCO officials and hence prepares a land plan as per revenue records.

3. Converting and updating the entire data base in the GIS format and developing a customized application on ArcGIS for adding and updating data and for generating queries on it.

4. Linking entire mutation entry with the CIDCO website.

Part B- Providing assistance for the procedure of land acquisition through NAINA Scheme and TDR model and persuasion upto possession of land in the name of Authority within 23 Villages of NAINA area (IDP-1). The scope of work for the appointment of Consultant (Part- B) shall at least involve the following:

1. Assistance and preparation/distribution of public notices/ advertisements to all land owners to take benefit of the 'NAINA scheme‘ and TDR model.

2. Superimposition of NAINA Scheme and TDR model on proposed plan and Preparation of plan after finalization of area of land under reservation/ land to be handed over to Owner/ excess land/ TDR to be offered in GIS format.

3. Joint measurement, preparation of JM sheets and Demarcation of land boundaries on site through Revenue authority. (Joint measurement of the each land parcel of 60% land i.e. land to be handed over to the land owners is not needed).


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4. Preparation and execution of agreement for reserved land, excess land, land to be handed over to owner or for issuing Certificate for TDR to be offered to the land owners.

5. Physical handing over of possession of land from landowner to CIDCO in presence of concerned revenue officials.

Part C- Providing assistance for the entire procedure of land acquisition of land under reservation and Government land within 23 Villages of NAINA area (IDP-1) through LARR 2013. The scope of work for the appointment of Consultant (Part- C) shall at least involve the following:

1. Publication of preliminary notification for land acquisition as per section 11. Preparation of various notices and dispatch of notices to all the concern land owners for the joint measurement on site as per section 12.

2. Demarcation of land boundaries on site through Revenue authority and Performing Total Station Survey for Identification & measurement of properties (such as Trees, structures, wells, gardens etc)and its valuation for CIDCO/ concerned Government department.

3. Assisting and conducting hearing of objection if any as per Section 15.

4. Preparation and approval of rehabilitation and Resettlement scheme under section 16

5. Assistance and laisioning with Revenue department for publication of declaration under section 19 and Preparation of various notices and dispatch of notices to the person interested under section 21

6. Preparation of JM sheets, Area Calculation, determining market value and providing assistance to CIDCO for preparation of award notification, working out compensation package etc.

7. Assisting CIDCO in preparation of compensation award in favour of affected parties/ beneficiaries including rehabilitation/resettlement package in favour of eligible beneficiaries and Distribution of award/compensation in co-ordination with Dy. Collector (LAQ).


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8. Assisting CIDCO in organizing the physical handing over of possession of land from landowner to CIDCO in presence of concerned revenue officials.

NOTE: Duplication of area of reservation land and government land in Part B & Part C work, will be paid at the rate of Part B only.

2.1 Study of review of reports:

The consultant shall study all relevant reports before further work.

2.2 Study Components

i). Collection of revenue records ii). Preparation of data base sheet/land plan iii). Converting the entire data base in the GIS format. iv). Developing a customized application on ArcGIS for adding

and updating data v). Assistance for Publication of Public notices/ Advertisement vi). Assistance for Conducting Joint Measurement vii). Preparation of land acquisition plan viii). Execution of agreement. ix). Possession of acquired land.

2.3 Detail description of work to be carried out by the Consultant:

1. Collection of data and preparation of data base sheet/land plan Bidder shall collect all the revenue related data from the concerned authority. Necessary government fees for obtaining revenue data will be borne by the CIDCO. The Consultant shall prepare data base sheet including calculation of land area to be acquired, superimposition of proposed alignment & land required on land plans, details from all collected revenue data, information's on affected land owners, land use pattern (such as agriculture, commercial, barren, forest etc), details of assets and any such other information required and hence prepare a land plan as per revenue record.

2. Assistance for Publication of Public notices/ Advertisement


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Bidder shall assist CIDCO official in preparation of Public Notices/ Advertisement at various stage as required and also assist in distribution of the same to the concerned authorities/ land owners.

3. Preparation on land acquisition plan under NAINA Scheme/ TDR model Bidder shall prepare plan in Autocad as well in GIS format after superimposing NAINA Scheme and TDR model on the proposed plan to get the exact area of the land under reservation/ land to be handed over to Owner/ excess land/ TDR to be offered under NAINA scheme or TDR model. The Bidder shall handover the final plan in softcopy, scanned copies in hard copies to the CIDCO as desirable by the CIDCO officials.

4. Co-ordination for joint measurement with City Survey Office/ TILR Bidder shall get the Joint measurement dates from concerned City Survey officer or T.I.L.R. on behalf of CIDCO. CIDCO will pay the joint measurement fees to concerned city survey officer or T.I.L.R. as demanded by them. Bidder shall remain present during the joint measurement & assist the city survey officer or T.I.L.R. & CIDCO officers. Bidder shall follow up with city survey officer or T.I.L.R. for preparation of Joint measurement sheet. Before the joint measurement survey, bidder shall ensure the notices regarding the joint measurement are issued to all project affected persons. Bidder shall require keeping day to day liaison with respective S.L.O. office. Necessary compliance required by revenue authority for further notification shall be submitted timely by the Bidder. Bidder should follow-up with Land records department and take order for joint measurement survey from respective T.I.L.R. / City survey offices.

5. Co-ordination with Revenue Department to speed up the Land acquisition process Bidder shall keep the close co-ordination with revenue authorities for publication of various notifications. Bidder shall require following up with concern Dy.Collector (LAQ) urban development department time to time till possession of land in the CIDCO’s name.


8888

6. Execution of agreement Bidder shall prepare the agreement with mutual consent with the Authority and the land Owners and shall execute agreement in the presence of concerned authority as required.

7. Possession of land in the Authority Name Bidder shall organize the physical handing over of possession of land from landowner to CIDCO in presence of concerned revenue officials along with verification of total area being taken over vis a vis total area remained with the land owner has been made by re-ascertaining the locations of land boundary pillars and duly marking the same on the land plans indicating handing/taking over of land jointly signed by all concerned. Bidder shall entre the name of CIDCO in 7/12 abstract.

3.0 Period of the Professional Assignment The Professional Assignments as indicated in this RFP shall be for 12 (Twelve) months from the commencement date.

4.0 Deliverables: The Consultant shall submit hard & soft copies of briefs, data, reports etc. related to the scope of works to be carried out/carried out by it to CIDCO, as desired and determined by CIDCO and in pre-defined or approved formats by CIDCO. Detailed database sheet based on revenue records and report

of compilation and analysis of all data collected from revenue department– within 4 months from signing of the contract. Copies of all 7/12 abstract/ property cards/ measurement plan from TILR of the affected land owners to be handed over to the CIDCO.

Report and presentation of Detailed Proposal for Land acquisition model and preparation of base plan/land plan for voluntary participation.

Detailed Physical Survey report jointly with revenue department and land owners.

Keeping record of all the meeting and of all the documents which are published during the contract period.


8989

Preparation of detailed report on the executing agreement and final handing over of the possession on land in the name of CIDCO.

Detailed GIS plan showing all acquired land and a customized application on ArcGIS for adding and updating data and for generating queries on it.

All reports, documentation (excel sheet, autocad drawing and GIS drawing) and presentations will be submitted in 5 hard and soft copies in DVD format.

5.0 Responsibility for Accuracy: Consultant shall be solely responsible for accuracy of the land plans and proposals etc.

6.0 Payment 6.1 The consultant is required to accept his fixed price for carrying out all

the required activities including site visits, office visits for discussions, submission of reports and cost of transport, all taxes, cess, services tax and all incidentals etc., as per the terms of reference.

6.2 Time limit for the proposed work shall be 12 months from the date of issue of Acceptance Cum Work Order.




9090

PART – V

FORMS OF AGREEMENTS

GENERAL CONDITIONS OF CONTRACT

&

SPECIAL CONDITIONS OF CONTRACT


9191

AGREEMENT

Between

City & Industrial Development Corporation of

Maharashtra Ltd

And

For

Consultancy Services for Data collection and land

acquisition Consultancy


9292

FORM OF AGREEMENT FOR

CONSULTANCY SERVICES FOR THE WORK OF DATA COLLECTION AND LAND

ACQUISITION FOR “23 VILLAGES OF NAVI MUMBAI AIRPORT INFLUENCE

NOTIFIED AREA (IDP-1)” OF CIDCO.

(On Stamp Paper of Appropriate Value and As per Clause No. 16 of ITB) Contract No: ________________________

This AGREEMENT (hereinafter referred to as the “Contract”, subsequent to and

consequent to its execution) is made on the ________ day of the month of

_______________ 2015, between, on the one hand, the City & Industrial Development

Corporation of Maharashtra Ltd., a company incorporated under the Companies

Act, 1956 (1 of 1956) and having its registered office at ‘Nirmal’ 2nd floor, Nariman

Point, Mumbai - 400 021 (hereinafter referred to as the “CIDCO”, which expression

shall, unless repugnant to the context or meaning thereof, include its successors

and permitted assigns) and, on the other hand,

______________________________________________ (hereinafter referred to as the

“Consultant”, which expression shall, unless repugnant to the context or meaning

thereof, include its successors and permitted assigns)

WHEREAS

(A) CIDCO through Public Bidding, invited bids from interested, eligible bidders

for Consultancy Services for Navi Mumbai International Airport (hereinafter

referred to as the “Project”);

(B) the Consultant, submitted their proposals for the aforesaid work, whereby

the Consultant represented to CIDCO that they had the required

professional skills, capacities and capabilities and in the said proposals the

Consultant also agreed to provide the Services to CIDCO on the terms and

conditions as set forth in the bid documents and this Contract; and

(C) CIDCO, upon acceptance of the aforesaid proposals of the Consultant,

awarded the Consultancy work to the Consultant vide the Letter of


9393

Acceptance for the Consultancy Ref. No ______________________ dated _____

(hereinafter referred to as the “LOA”).

(D) In pursuance of the bid documents and LOA, the parties have agreed to

enter into this Contract.

NOW THEREFORE the parties hereto hereby agree as follows:

1. The following documents, along with all addenda issued thereto and

attached hereto, shall be deemed to form and be read and construed as

integral part of this Contract and in case of any contradiction between or

among them the priority in which a document would prevail over other

would be as laid down below beginning from the highest priority to the

lowest priority:

(a) Contract

(b) Terms of Reference

(c) Letter of Acceptance

(d) Instruction to Bidders

(e) The Special Conditions of Contract (hereinafter referred to as “SCC”)

(f) The General Conditions of Contract (hereinafter referred to as “GCC”);

(g) Appendices:

Appendix A: Form for Bank Guarantee for Performance Security

2. The mutual rights and obligations of CIDCO and the Consultant shall be as

set forth in the Contract; in particular:

(a) The Consultant shall carry out the Services in accordance with the

provisions of the Contract; and

(b) CIDCO shall make payments to the Consultant in accordance with the

provisions of the Contract.

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed

in their respective names as of the day and year first above written.

FOR AND ON BEHALF OF Witness


9494

(CIDCO)

1. Signature

Name

Address

By Authorized Representative

2. Signature

Name

Address

FOR AND ON BEHALF OF Witness

(CONSULANT)

Witness

1. Signature

Name

Address

Name

Address

By Authorized Representative

1. Signature

Name

Address


9595


CONTENTS

1. General Provisions

1.1 Definitions

1.2 Relation between the Parties

1.3 Law Governing the Contract

1.4 Language

1.5 Headings

1.6 Notices

1.7 Location

1.8 Authorized Representatives

1.9 Taxes and Duties

2. Commencement, Completion, Modification and Termination of

Contract

2.1 Effectiveness of Contract

2.2 Termination of Contract for Failure to Become Effective

2.3 Commencement of Services

2.4 Expiration of Contract

2.5 Entire Agreement

2.6 Modification

2.7 Force Majeure

2.7.1 Definition

2.7.2 No Breach of Contract

2.7.3 Measures to be Taken

2.7.4 Extension of Time

2.7.5 Payments

2.7.6 Consultation


9696

2.8 Suspension

2.9 Termination

2.9.1 By CIDCO

2.9.2 By the Consultant

2.9.3 Cessation of Rights and Obligations

2.9.4 Cessation of Services

2.9.5 Payment upon Termination

2.9.6 Disputes about Events of Termination

3. Obligation of the Consultant

3.1 General

3.1.1 Standard of Performance

3.1.2 Law Governing Services

3.2 Conflict of Interests

3.2.1 Consultant not to Benefit from Commissions, discounts, etc.

3.2.2 Consultant and Affiliates not to be otherwise interested in Project.

3.2.3 Prohibition of Conflicting Activities.

3.3 Confidentiality.

3.4 Liability of the Consultant.

3.5 Insurance to be taken out by the Consultant.

3.6 Accounting, Inspection and Auditing

3.7 Consultant’s Actions requiring CIDCO’s prior Approval

3.8 Reporting Obligations

3.9 Documents prepared by the Consultant to be the Property of CIDCO.

3.10 Equipment and Materials furnished by CIDCO

3.11 Providing Access to the Project Office and Personnel.

4. Consultant’s Personnel

4.1 General


9797

4.2 Description of Personnel

4.3 Approval of Personnel

4.4 Working Hours, Overtime, Leave etc.

4.5 Removal and/or Replacement of Personnel

4.6 Resident Project Manager.

5. Obligations of CIDCO

5.1 Assistance and Exemptions.

5.2 Access to Land.

5.3 Change in the Applicable Law

5.4 Services, Facilities and Property of CIDCO

5.5 Payment

6. Payment to the Consultant

6.1 Cost Estimates; Ceiling Amount

6.2 Currency of Payment

6.3 Mode of Billing and Payment

7. Responsibility for accuracy of the project document

7.1 General

7.2 Retention money

7.3 Penalty

7.4 Action for deficiency in services.

8. Fairness and Good Faith

8.1 Good Faith

8.2 Operation of the Contract

9. Settlement of Disputes


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9.1 Amicable Settlement

9.2 Dispute Resolution

9.3 Conciliation

9.4 Arbitration


9999


(GCC)

1. GENERAL PROVISIONS

1.1 Definitions

Unless the context otherwise requires, the following terms whenever used in

this Contract have the following meanings:

(a) "Applicable Law” means the laws and any other instruments having the

force of law in India as they may be issued and in force from time to

time;

(b) "Contract" means the Agreement signed & executed by the Parties, to which

these General Conditions of Contract are attached, together with all the

documents listed in Clause 1 of such signed Agreement;

(c) "Effective Date" means the date on which this Contract comes into force and

effect pursuant to Clause GCC 2.1;

(d) "Expatriate currency” means any currency other than the currency of the

Government of India;

(e) "GCC" means these General Conditions of Contract;

(f) "Government" means the Government of Maharashtra;

(g) "Resident currency" means the currency of the Government of India;


100100

(h) “Member”, in case the Consultant consists of a joint venture or consortium

of more than one entity, means any of these entities, and “Members” means

all of these entities; this term has relevance only in case of previous work

experience of the bidder(s), since for this project no JVs or consortiums are

allowed (as per the Notice inviting Proposal);

(i) "Personnel" means persons hired by the Consultant, or by any of its Sub-

consultants, as employees and assigned to the performance of the

Services or any part thereof; "Expatriate Personnel" means such

persons who at the time of being so hired had their domicile outside India;

and "Resident Personnel" means such persons who at the time of being so

hired had their domicile inside India;

(j) "Party" means CIDCO or the land acquisition assistant Consultant, as the

case may be, and Parties means both of them;

(k) "Services" means the work to be performed by the Consultant pursuant to

this Contract, as described in the Terms of Reference hereto;

(l) "SCC" means the Special Conditions of Contract by which these

General Conditions of Contract may be amended or supplemented;

(m) "Sub-consultant" means any entity to which the Consultant subcontract

any part of the Services in accordance with the provisions of Clause

GCC 3.7;

(n) "Third Party" means any person or entity other than the Government or

CIDCO, the Consultants or a Sub-consultant and their personnel;


101101

(o) “HOD” means head of department of CIDCO.

(p) “CIDCO” means City & Industrial Development Corporation of Maharashtra

Limited

1.2 Relation 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 CIDCO and

the Consultant. The Consultant, subject to this Contract, has complete

charge of Personnel performing the Services and shall be fully responsible

for the Services performed by them or on their behalf hereunder The

Consultant, subject to this Contract, shall be fully responsible for any and all

claims / damages / compensations / losses arising from the acts of

commission or omission by them.

1.3 Law Governing the Contract

This Contract, its meaning and interpretation, and the relation between the

Parties shall be governed by all the Applicable Indian Laws.

1.4 Language

This Contract has been executed in the English language, which shall be the

binding and controlling language for all matters relating to the meaning or

interpretation of this Contract.

1.5 Heading

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

1.6 Notices

1.6.1 Any notice, request or consent required or permitted to be given or made

pursuant to this Contract shall be in writing. Any such notice, request or

consent shall be deemed to have been given or made when delivered


102102

in person to an authorized representative of the Party to whom

the communication is addressed, or when sent by registered mail,

e-mail, telex, telegram or facsimile to such Party at the address specified in

the SCC.

1.6.2 Notice will be deemed to be effective as following:

(i) In the case of personal delivery or registered mail, on delivery;

(ii) In case of Fax, on delivery and confirmation;

(iii) In case of e-mail, on delivery.

1.6.3 A party may change its address for notice hereunder by giving the

other Party notice of such change pursuant to the provisions listed in

the SCC with respect to Clause GCC 1.6.2.

1.7 Location

The Services shall be performed at such locations as are specified in Letter

of Acceptance and, where the location of a particular task is not so

specified, at any and all such locations as the CIDCO may approve.

1.8 Authorized Representatives

Any action required or permitted to be taken, and any document required

or permitted to be executed, under this Contract by CIDCO or the

Consultant shall be taken or executed by the officials specified in the SCC.

1.9 Taxes and Duties

Unless otherwise specified in the SCC, the Consultant shall pay all

such taxes, duties, fees and other impositions as may be levied under

the Applicable Laws.

1.10 CIDCO's Representative(s)

For day to day monitoring of the consultancy service and

correspondence with the Consultant under this Contract, CIDCO shall

appoint an official as specified in SCC. Such official will be responsible for


103103

recommending payment, arranging meetings, receiving submittals from

Consultant and coordinating and advising for approvals of CIDCO wherever

required as per this Contract. The consultant shall co-ordinate with the EIC

of the work.

2.0 COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION

OF CONTRACT

2.1 Effectiveness of Contract

This Contract shall come into force and effect on the date of execution of

the agreement between CIDCO and the Consultant and shall remain in force

till the completion of the assignment as included in the agreement & the

documents referred to therein. The agreement shall be deemed to be

terminated upon completion of the assignment, as above, or upon sooner

termination in accordance with the conditions of the contract. However, all

relevant contents shall survive the terminated agreement to the extent they

are necessary for the technical & financial closures of the contract.

2.2 Deleted

2.3 Commencement of Services

The Consultant shall commence the Services on or before the time and date

specified for such commencement specified in the SCC.

2.4 Deleted

2.5 Entire Agreement

This Contract contains all covenants, stipulations and provisions agreed by

the Parties. No agent or representative of either Party has authority to make,

and the Parties shall not be bound by or be liable for, any

statement, representation, promise or agreement not set forth herein.

2.6 Modification

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

modification of the scope of the Services, may only be made by written

revised agreement or addendums/modifications between the Parties.


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2.7 Force Majeure

2.7.1 Definition

For the purposes of this Contract, "Force Majeure" means an event which is

beyond the reasonable control of a Party, and is not substantially

attributable to the other 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.

2.7.2 No Breach of Contract

The failure of a Party to fulfill any of its obligations hereunder shall not be

considered to be a breach of, or default under, this Contract insofar as such

inability arises from an event of Force Majeure, provided that the

Party affected by such an event has taken all reasonable precautions, due

care and reasonable alternative measures, all with the objective of

carrying out the terms and conditions of this Contract.

2.7.3 Measures to be taken

(a) A party affected by an event of Force Majeure shall take all

reasonable measures to remove such Party's inability to fulfill its

obligations hereunder with a minimum of delay.

(b) A party affected by an event of Force Majeure shall notify the other

Party of such event as soon as possible, and in any event not later

than fourteen (14) days 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.


105105

(c) The Parties shall take all reasonable measures to minimize the

consequences of any event of Force Majeure.

2.7.4 Extension of Time

Any 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.

2.7.5 Action if Force Majeure persists – termination

In case of such Force Majeure persisting beyond a period of 60 days from its

occurrence, CIDCO may, at its sole discretion, terminate the agreement,

giving the Consultant 30 days’ notice. Upon receipt of such notice:

a) Consultant shall demobilize its establishment and its key personnel at

the end of such notice period

b) CIDCO shall clear all dues, if payment is due to the Consultant, for the

period ending simultaneously with the Notice Period.

2.7.6 Action if Force Majeure persists –bare establishment & skeletal key

personnel

However, if CIDCO decides to keep the agreement alive even after the

period of 60 days has elapsed, then it shall instruct the Consultant to

maintain its establishment, at a level as instructed by CIDCO, and man it

with skeletal staff as instructed by CIDCO, costs of such establishment & key

personnel shall be paid to the Consultant by CIDCO at the rates available

and applicable as per those provided in the agreement till the period either

the Force Majeure persists or till such time CIDCO desires that this

arrangement should go on, whichever is earlier. During the period of

persistence of the Force Majeure, if CIDCO decided to discontinue with the

services of the Consultant, it shall do so by giving a 30 days’ notice with

actions in accordance with 2.7.5 a) & b).


106106

Upon removal of the Force Majeure during the period CIDCO has instructed

the Consultant to maintain; the Consultant shall, within a period of 30 days

from the date of such removal of Force Majeure, remobilize its

establishment & strength of key personnel to the level it existed prior to the

occurrence of the Force Majeure.

2.8 Suspension of Services of Consultant

2.8.1 CIDCO may suspend the performance of any or all of the Services by giving

at least 15 days’ notice to the Consultant in writing.

2.8.2 In the event of suspension, CIDCO, within 30 (thirty) days from the date of

such suspension, shall be liable to pay the following:

2.8.2.1 All fees, amounts and charges in full for that particular stage at

which the suspension notice is given; and

2.8.2.2 All fees, amounts, charges outstanding for all earlier stages of

work

2.9 Termination

2.9.1 By CIDCO due to error/commission/omission/negligence/failure of

Consultant

CIDCO may, by not less than thirty (30) days' written notice of

termination to the Consultant such notice to be given after the

occurrence of any of the events specified in paragraphs (a) through (f) of

this Clause 2.9.1, terminate this Contract:

(a) if the Consultant fails to remedy any breach hereof or any failure in the

performance of their obligations hereunder, as specified in a notice of

such breach or failure, within thirty (30) days of receipt of such notice

or within such further period as CIDCO may have subsequently approved in

writing;

(b) if the Consultant becomes insolvent or bankrupt or enter into any

agreements with their creditors for relief of debt or take advantage of any


107107

law for the benefit of debtors or go into liquidation or receivership

whether compulsory or voluntary;

(c) if the Consultant fails to comply with any final decision reached as a result of

arbitration proceedings pursuant to Clause 9 hereof;

(d) if the Consultant has submitted/submits to CIDCO a statement which

has a material effect on the rights, obligations or interests of CIDCO

and which the Consultant knew or knows to be false;

(e) if the Consultant, including its personnel and sub-consultants, suffer from a

systemic failure in providing services or provide incomplete, inadequate,

sub-standard services to CIDCO or

(f) if any document, information, data or statements submitted by the

Consultant in its Proposals, based on which the Consultant was

considered Eligible or successful or has been issued the LOA, is found

to be false, incorrect or misleading to the extent that had the true or

correct information or data been available with CIDCO, the Consultant

would have been ineligible or unsuccessful;

Upon such termination by CIDCO, subsequent & consequent to reasons (a) to (f)

above:

a. A penalty of 10% of the average annual quoted total cost (Cost D,

Form II of Financial Proposal to be divided by 5) shall be levied

upon the Consultant by CIDCO and CIDCO shall be fully entitled to

encash the PBG forthwith;

b. CIDCO shall determine the net amount due to/recoverable from the

Consultant by:

i. Determining professional fees payable for period during which

the performance of the Consultant was satisfactory

ii. Less deductions/recoveries as per the contract

iii. Less penalty as per i) above


108108

c. The net amount, if due to the Consultant, it will be paid by CIDCO

within 45 days of such determination or shall be recovered from the

Consultant, if due from the Consultant. CIDCO shall recover it from

payments otherwise due to the Consultant under any other contract

the Consultant is engaged in with CIDCO as an individual or entity or

as part of any JV or Consortium or, if no payment is due, the amount

shall be a debt due and shall be recovered by way of any and all legal

recourses available to CIDCO.

1.9.2 By CIDCO for its convenience or exigencies:

if CIDCO, at its sole discretion and for any reason whatsoever,

decides to terminate this Contract; for reasons not contained in 2.9.1 (a)

to (g) above, then CIDCO by a written notice of not less than sixty (60)

days) terminate the contract and determine the net amount payable

to/recoverable from the Consultant, as under:

(i) Add remuneration pursuant to Clause 6 hereof for Services

satisfactorily performed till the end of the Notice Period, in

accordance with the provisions of this contract;

(ii) Deduct amount due/recoverable from the Consultant as per the

requirements of this contract;

If CIDCO determines that a sum is payable to the Consultant, it shall pay

the consultant within 45 days of such determination. If CIDCO

determines that a sum is due from the Contractor and payable to CIDCO,

CIDCO shall recover it from payments otherwise due to the Consultant

under any other contract the Consultant is engaged in with CIDCO as an

individual or entity or as part of any JV or Consortium or, if no payment

is due, the amount shall be a debt due and shall be recovered by way of

any and all legal recourses available to CIDCO.


109109

Upon technical & financial closure of the contract, in this case, CIDCO

shall release the PBG of the Consultant within 15 days of the last of such

contact closures.

2.9.3 By the Consultant

The Consultant may, by not less than thirty (30) day's written notice to

CIDCO, terminate this Contract if CIDCO fails to pay any money due to the

Consultant pursuant to this Contract and within specified periods as per this

contract; however if CIDCO remedies the failure within the notice period the

notice of termination by the consultant shall thereafter stand annulled and

ineffective. The Consultant shall not have any rights to seek to terminate this

contract for any other reason.

2.9.4 Cessation of Rights and Obligations

Upon termination of this Contract pursuant to Clause 2.9 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

3.3 hereof, (iii) the Consultant's obligation to permit inspection,

copying and auditing of their accounts and records set forth in Clause 3.6

(ii) hereof, and any right which a Party may have under the Applicable Law.

2.9.5 Cessation of Services

Upon termination of this Contract by notice of either Party to the

other, the Consultant shall, immediately upon dispatch or receipt of such

notice, take all necessary steps to bring the Services to a close in a prompt

and orderly manner. With respect to documents prepared by the

Consultant and equipment and materials furnished by CIDCO, the

Consultant shall proceed as provided, respectively, by Clauses 3.9 or 3.10

hereof.

2.9.6 Deleted


110110

3. OBLIGATIONS OF THE CONSULTANT

3.1 General

3.1.1 Standard of Performance

The Consultant shall perform the Services and carry out their

obligations hereunder with all due diligence, efficiency and economy,

in accordance with generally prevalent & 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 Consultant

shall always act, in respect of any matter relating to this Contract or to

the Services, as faithful advisers to & execution personnel for CIDCO, and

shall at all times support and safeguard all of CIDCO's legitimate interests

in any dealings with Sub-consultants or Third Parties.

3.2 Conflict of Interests

3.2.1 Consultant not to Benefit from Commissions, Discounts, etc.

The remuneration of the Consultant pursuant to Clause 6 hereof shall

constitute the Consultant's sole remuneration in connection with this

Contract for the Services provided and the Consultant 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 Consultant shall use

its best efforts to ensure that any Sub-consultant, as well as the Personnel

and agents of either of them, similarly shall not receive any such

additional remuneration.

3.2.2 Consultant and Affiliates not to be otherwise interested in Project

The Consultant agrees that, during the term of this Contract and after

its termination, the Consultant and any entity affiliated with the Consultant,

as well as any Sub-consultant and any entity affiliated with such Sub-

consultant, shall be disqualified from providing goods, works or services


111111

(other than providing the Services and any continuations thereof) for any

project resulting from or related to the Services.

3.2.3 Prohibition of Conflicting Activities

Neither the Consultant 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 and for

such periods as may be specified in the SCC.

3.3 Confidentiality

The Consultant, its Sub-consultants and the Personnel of either of

them shall not, either during the term or after the expiration or termination

of this Contract, disclose any proprietary information, including information

relating to reports, data, drawings, designs software or other material,

whether written or oral, in electronic or magnetic format, and the contents

thereof; and any reports, digests or summaries created or derived from any

of the foregoing that is provided by CIDCO to the Consultant, its Sub-

consultants and the Personnel; any information provided by or relating

to CIDCO, its technology, technical processes, business affairs or finances or

any information relating to CIDCO's employees, directors, officers or other

professionals or suppliers, customers, or contractors of CIDCO, and any

other information which the Consultant is under an obligation to

keep confidential in relation to the Project, the Services, this Contract

("Confidential Information") without the prior written consent of CIDCO.


112112

Notwithstanding the aforesaid, the Consultant, its Sub-consultants and the

Personnel of either of them may disclose Confidential Information to the

extent that such Confidential Information:

(i) was in the public domain prior to its delivery to the Consultant, its Sub-

consultants and the Personnel of either of them or becomes a part of the

public knowledge from a source other than the Consultant, its Sub-

consultants and the Personnel of either of them;

(ii) was obtained from a third party with no known duty to maintain its

confidentiality;

(iii) is required to be disclosed by Law or judicial or administrative or arbitral

process or by any Governmental Instrumentalities, provided that for any

such disclosure, the Consultant, its Sub-consultants and the Personnel of

either of them shall give CIDCO, prompt written notice, and use

reasonable efforts to ensure that such disclosure is accorded confidential

treatment and is strictly to the extent required;

(iv) is provided to the professional advisors, agents, auditors or

representatives of the Consultant or its Sub-consultants or Personnel of

either of them, as is reasonable under the circumstances;

provided, however, that the Consultant or its Sub-consultants or

Personnel of either of them, as the case may be, shall require their

professional advisors, agents, auditors or its representatives, to

undertake in writing to keep such Confidential Information,

confidential and shall use its best efforts to ensure compliance with such

undertaking.

3.4 Limitation of Liability of the Consultant

The Consultant' liability under this Contract shall be limited to the provisions

of the SCC.

3.5 Insurance to be taken out by the Consultant


113113

The Consultant:

(i) shall take out and maintain, and shall cause any Sub-consultant

to take out and maintain, at its (or the Sub-consultant's, as the

case may be) own cost but on terms and conditions approved by

CIDCO, insurance against the risks, and for the coverage, as shall be

specified in the Special Conditions (SCC), with an objective of

providing complete professional indemnity to CIDCO

(ii) within 15 (fifteen) days of receiving any insurance policy certificate

in respect of insurances required to be obtained and maintained

under the this clause, shall furnish to CIDCO, copies of such policy

certificates, copies of the insurance policies and evidence that the

insurance premiums have been paid in respect of such insurance.

No insurance shall be cancelled, modified or allowed to expire or

lapse during the terms of this Contract

The insurance policies so procured shall mention CIDCO as the sole

beneficiary of the insured amounts and the Consultant shall procure an

undertaking from the insurance company in this regard.

If the Consultant fails to effect and keep in force the aforesaid

insurances for which it is responsible pursuant hereto, CIDCO shall, in

addition to the having other recourse available under this Contract, have the

option to take out the aforesaid insurance, to keep in force any such

insurances, and pay such premiums and recover the costs thereof from

the Consultant, along with a penalty of 100% of the amount of such

premiums paid, and the Consultant shall be liable to pay such amounts on

demand by CIDCO.

3.6 Accounting, Inspection and Auditing

The Consultant (i) shall keep accurate and systematic accounts and records

in respect of the Services hereunder, in accordance with internationally

accepted accounting principles and in such form and detail as will clearly


114114

identify all relevant time charges and cost, and the bases thereof (including

the bases of the Consultant's costs and charges), and (ii) shall permit

CIDCO or its designated representative periodically, and up to one year

from the expiration or termination of this Contact, to inspect the same and

make copies thereof as well as to have them audited by auditors appointed

by CIDCO.

3.7 Consultant's Actions requiring CIDCO's prior Approval

The Consultant shall obtain CIDCO’s prior approval in writing before taking

any of the following actions:

(a) appointing such members of the Personnel as are not listed in

Appendices;

(b) entering into a subcontract for the performance of any part of the Services,

it being understood (i) that the selection of the Sub-consultant and the

terms and conditions of the subcontract shall have been approved in writing

by CIDCO prior to the execution of the subcontract, and (ii) that the

Consultant shall remain fully liable for the performance of the Services

by the Sub-consultant and its Personnel pursuant to this Contract;

(c) any other action that may be specified in the SCC.

3.8 Reporting Obligations

The Consultant shall submit to CIDCO the reports and documents specified

in the Terms of Reference and Appendices of the Contract, in the form, in

the numbers and within the time periods set forth therein.

3.9 Documents prepared by the Consultant to be the Property of CIDCO

All plans, drawings, specifications, designs, reports and other

documents prepared by the Consultant in performing the Services shall

become and remain the property of CIDCO, and the Consultant shall,

not later than upon termination or expiration of this Contract, deliver all

such documents to CIDCO, together with a detailed inventory thereof.


115115

The Consultant may retain a copy of such documents. Restrictions about the

use of these documents shall be as specified in the confidentiality clause

and as in the SCC.

3.10 Equipment, Documents and Materials furnished by CIDCO

Equipment, Documents and materials made available to the Consultant by

CIDCO, or purchased by the Consultant with funds provided by CIDCO, shall

be the property of CIDCO and shall be marked accordingly. Upon

termination or expiration of this Contract, the Consultant shall make

available to CIDCO an inventory of such equipment and materials and

shall dispose of such equipment and materials in accordance with CIDCO's

instructions. While in possession of such equipment and materials, the

Consultant, unless otherwise instructed by CIDCO in writing, shall insure

them in an amount equal to their full replacement value.

3.11 Providing Access to Project Office and Personnel

Consultant shall ensure that CIDCO, and its Authorized Representatives,

CIDCO's Representative and any other Official of CIDCO having such an

authority from CIDCO is provided unrestricted access to the Project

Office and all Consultant's Personnel working there under this Contract

during the office working hours. CIDCO's any such official shall have full

right to inspect the works in progress, interact with Consultant’s personnel

and verify the records for his satisfaction. Consultant shall keep apprised all

his personnel all the time about this obligation so that they provide due

regard and assist CIDCO's official in discharging his duty.

4.0 CONSULTANT'S PERSONNEL AND SUB-CONSULTANTS

4.1 General


116116

The Consultant shall employ and provide such qualified and experienced

Personnel as are required to carry out the Services.

4.2 Description of Personnel

a) The Titles, agreed job descriptions, minimum qualification and estimated

periods of engagement in carrying out the Services of each of the

Consultant’s Personnel are described in Appendices of the Contract.

b) If additional work is required beyond the scope of the Services specified in

the Terms of Reference, the numbers and periods of engagement of

personnel, may be increased by mutual agreement in writing between

CIDCO and the Consultant.

c) The consultant shall provide additional staff as required for assisting the

SLO (against reimbursable cost element) as agreed by CIDCO officials.

4.3 Deleted

4.4 Working Hours, Overtime, Leave, etc.

(a) Working hours and holidays for Personnel are set forth in

Appendices of Contract.

(b) The Key Personnel shall not be entitled to be paid for overtime nor to

take paid sick leave or vacation leave. The Consultant's

remuneration shall be deemed to cover these items. All leave to be allowed

to the Personnel is included in the scope of services. Any taking of leave by

Personnel on account of unforeseen circumstances shall be subject to the

prior approval of the CIDCO and the Consultant shall ensure that absence

for leave purposes will not delay the progress or affect the standard of the

Services.

4.5 Removal and/or Replacement of Personnel

a) shall be as per the clause 9.1.2 of the ITB

b) If CIDCO (i) finds 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


117117

personnel, then the consultants shall, at CIDCO’S written instructions,

forthwith provide as a replacement personnel with qualifications and

experience as per the provisions of clause 9.1.2 of the ITB, with no cost

implication.

4.6 Deleted

4.7 Sub- Consultant

a) The Consultant may be asked to deploy additional sub- consultant for

carrying out the survey and investigations (against reimbursable cost

element)

b) Change of any existing sub-consultant shall be with the prior approval of

CIDCO. The Consultant shall submit the details of such firm in the form

provided in the Appendices of the contract to CIDCO for approval.

Deployment of any Professional personnel from such Sub-consultants shall

also be subject to the approval of CIDCO and as per the provisions of clause

9.1.2 of the ITB. Consultant is not allowed to sub-contract any part of

services in an area of expertise for which the Consultant firm or Member

firms were evaluated as part of the selection process of the Consultant.

5.0 Deleted

5.2 Access to Site

CIDCO shall normally ensure that the Consultant shall have, free of charge,

unimpeded access to site in respect of which access is required for the

performance of the Services. However, protection of establishment and its

personnel and its sub-consultants’ personnel shall be the entire

responsibility of the Consultant.

5.3 Changes in the Applicable Laws

If, after the date of this Contract, there is any change in the Applicable Law

with respect to taxes and duties which increases or decreases the

payments to be made to or recovered from the Consultant, in performing

the Services, shall be adjusted accordingly.


118118

5.4 Deleted

5.5 Deleted

6.0 Deleted

6.1


119119

6.3 Final bill & payment to the Consultant

a) 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 Consultant and approved as satisfactory by CIDCO

Representative.

b) The Services shall be deemed completed and finally accepted by

CIDCO and the final report and final statement shall be deemed

approved by CIDCO as satisfactory ninety (90) calendar days after

receipt of the final report and final statement by CIDCO unless CIDCO

within such ninety (90) day period, gives written notice to the

Consultant specifying in detail deficiencies in the Services, the final report

or final statement.

c) The Consultant shall thereupon promptly make any necessary

corrections, and upon completion of such corrections, the foregoing process

shall be repeated. Any amount which CIDCO 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 Consultant to CIDCO within thirty (30) days after

receipt by the Consultant of notice thereof. Any such claim by CIDCO

for reimbursement must be made within twelve (12) calendar months

after receipt by CIDCO of a final report and a final statement

approved by CIDCO in accordance with the above.

d) All payments under this Contract shall be made to the account of the

Consultant specified in the SCC.

7. RESPONSIBILITY FOR ACCURACY OF PROJECT DOCUMENTS

7.1 General

The Consultant shall be responsible for accuracy of the data collected, by

him directly or procured from other agencies/authorities, the designs,

drawings, estimates and all other details prepared by him as part of these


120120

services. He shall indemnify CIDCO against any inaccuracy in the work which

might surface during implementation of the project. The Consultant will also

be responsible for correcting, at his own cost and risk, the drawings

including any re-survey / investigations and correcting layout etc. if required

during the execution of the Services.

7.1.2 The Consultant shall be fully responsible for the accuracy of plan, design

and drawings of the airport. All the designs and drawings for airport

including all their components shall be fully checked by a CIDCO's

representative.

7.1.3 The survey points, if established by the Consultant, on the site shall be

protected by the Consultant with the assistance of CIDCO till the completion

of the Consultancy Services.

7.2 Liquidated Damages for delay

In case of delay in completion of Services, a liquidated damages not

amounting to penalty equal to 0.25% of the contract price per week, or part

thereof, subject to a maximum 5% of the contract value will be imposed and

shall be recovered from payments due/performance security. However in

case of delay due to reasons beyond the control of the consultant, suitable

extension of time will be granted.

7.3 Action for Deficiency in Services

7.3.1 Consultant's liability towards CIDCO

Consultant shall be liable to indemnify CIDCO for any direct loss or

damage to the extent of his services accrued or likely to accrue due to

deficiency in service rendered by him.

7.3.2 Warning / Debarring

Warning may be issued to the erring Consultant for minor deficiencies. In

the case of major deficiencies in the documents, report causing adverse

effect on reputation of CIDCO, other penal action including debarring for

certain period may also be initiated as per policy of CIDCO.


121121

8.0 FAIRNESS AND GOOD FAITH

8.1 Good Faith

The Parties undertake to act in good faith with respect to each other's rights

under this Contract and to adopt all reasonable measures to ensure

the realization of the objectives of this Contract.

8.2 Operation of the Contract

The Parties recognize that it is impractical in this Contract to provide

for every contingency which may arise during the life of the Contract, and

the Parties hereby agree that it is their intention that this Contract shall

operate fairly as between them, and without detriment to the interest

of either of them, and that, if during the term of this Contract either Party

believes that this Contract is operating unfairly, the Parties will use their best

efforts to agree on such action as may be necessary to remove the cause or

causes of such unfairness, but no failure to agree on any action

pursuant to this Clause shall give rise to a dispute.

9.0 SETTLEMENT OF DISPUTES

9.1 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.

9.2 Dispute resolution a) Any dispute, difference or controversy of whatever nature howsoever

arising under or out of or in relation to this Contract (including its interpretation) between the Parties, and so notified in writing by either Party to the other Party (the "Dispute") shall, in the first instance, be attempted to be resolved amicably in accordance with the conciliation procedure set forth in Clause 9.3.

b) The Parties agree to use their best efforts for resolving all Disputes arising under or in respect of this Contract promptly, equitably and in good faith, and further agree to provide each other with reasonable access


122122

during normal business hours to all non-privileged records, information and data pertaining to any Dispute.

9.3 Conciliation In the event of any Dispute between the Parties, either Party may call upon VC&MD, CIDCO and the Consultants for amicable settlement, and upon such reference, the said persons shall meet no later than 15 (fifteen) days from the date of reference to discuss and attempt to amicably resolve the Dispute. If such meeting does not take place within the 30 (thirty) day period or the Dispute is not amicably settled within 45 (forty five) days, or such longer period as may be mutually agreed by the Parties, of the meeting either Party may refer the Dispute to arbitration in accordance with the provisions of Clause 9.4.

9.4 Arbitration 9.4.1 Any Dispute which is not resolved amicably by conciliation, as provided in

Clause 9.3, shall be finally decided by reference to arbitration. Such arbitration shall be held in accordance with Arbitration Act, 1996 (the "Rules") and shall be subject to the provisions of the Arbitration and Conciliation Act. The seat of such arbitration shall be Navi Mumbai, and the language of arbitration proceedings shall be English.

9.4.2 This Agreement and the rights and obligations of the Parties shall remain in full force and effect, pending the Award in any arbitration proceedings hereunder.




123123

SPECIAL CONDITIONS OF CONTRACT

GCC Cl. No.

SCC Cl. No.

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

1.6.1

1

CIDCO:

The addresses are: The V.C. & M.D., City & Industrial Development Corporation of Maharashtra Ltd., 2nd floor, C.B.D., Belapur, Navi Mumbai-400 614. MAHARASHTRA INDIA.

Attention:

ADDL. CHIEF PLANNER (NAINA) CIDCO of Maharashtra Ltd. 3rd Floor, Tower 10, Belapur Railway Station Complex, CBD Belapur, Navi Mumbai- 400614, Maharashtra, INDIA Tel. 91-22-6136 5233 Fax : 91-22-6136 5255

For the Consultant: (to be filled) ………………………………………………………. ……………………………………………………….

Attention : (to be filled)


124124

GCC Cl. No.

SCC Cl. No.


1) ………………………………………………………. …………………………………………………….……. 2) ………………………………………………………. ……………………………………………………….….

1.8

2

Nil

1.9

3

The Authorized Representatives are: CIDCO:

ADDL. CHIEF PLANNER (NAINA) CIDCO of Maharashtra Ltd. 3rd Floor, Tower 10, Belapur Railway Station Complex, CBD Belapur, Navi Mumbai- 400614, Maharashtra, INDIA Tel. 91-22-6136 5233 Fax : 91-22-6136 5255

Consultant: 1) ………………………………………………………. ………………………………………………………. 2) ………………………………………………………. ………………………………………………………. ( to be filled)


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GCC Cl. No.

SCC Cl. No.


1.10 4 The Consultant and their Personnel shall pay the taxes, duties,

fees, levies and other impositions levied under the existing,

amended or enacted laws (prevailing before the last date of

submission of bids) during life of this contract. CIDCO shall

perform such duties in regard to the deduction of such tax as may

be lawfully imposed. The payment of taxes to the Consultant shall

be limited to the Service Tax on the services provided as applicable

and at applicable rates.

2.1 5 The effectiveness conditions are the following:

a) The consultant will furnish within 10 days of the issue of letter

of acceptance, an unconditional Bank Guarantee from a

Scheduled / Nationalized Bank, Mumbai and Navi Mumbai Branch

for an amount equivalent to 10 % of the total contract value to be

received by him towards Performance Security valid for a period of

six months beyond the date of completion of services. CIDCO shall

have the right to encash and appropriate the proceeds of the said

Bank Guarantee, in whole or in part, without notice to the

Consultant in the following situations-

i) Non completion of the Services within the agreed time frame;

ii) Non-compliance with Standards of Service performance and

requirements, in accordance with the terms hereof;

iii) Failure to provide adequate insurance’s in terms of the

Contract;

iv) Shortfall in the performance of Services by the Consultant

v) Any other breach or non-performance of its obligations by the

Consultant under this Contract


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GCC Cl. No.

SCC Cl. No.


VI) Termination of this Contract by CIDCO

In the event any portion of the Bank Guarantee is encashed by

CIDCO, then immediately following such encashment, the

Consultant shall replenish the Bank Guarantee within one (1) month

of its encashment. CIDCO shall have the right to encash the entire

Bank Guarantee, or take such steps that it may deem necessary.

The Consultant shall sign the Contract Agreement within 15 days of

the issue of Letter of Acceptance. The Contract shall come into

force and effect on the date of signing of Agreement which shall be

deemed to be the effective date of commencement of the Services.

2.2 6 Targets

The scope of work to be completed within Twelve months. Detailed database sheet based on revenue records and report

of compilation and analysis of all data collected from revenue

department– within 4 months from signing of the contract.

Copies of all 7/12 abstract/ property cards/ measurement plan

from TILR of the affected land owners to be handed over to the

CIDCO.

Report and presentation of Detailed Proposal for Land

acquisition model and preparation of base plan/land plan for

voluntary participation.

Detailed Physical Survey report jointly with revenue department

and land owners.

Keeping record of all the meeting and of all the documents

which are published during the contract period.

Preparation of detailed report on the executing agreement and


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GCC Cl. No.

SCC Cl. No.


final handing over of the possession on land in the name of

CIDCO.

Detailed GIS plan showing all acquired land and a customized

application on ArcGIS for adding and updating data and for

generating queries on it.

All reports, documentation (excel sheet, autocad drawing and

GIS drawing) and presentations will be submitted in 5 hard and

soft copies in DVD format. 2.3 7 Achievement of/deficiency in progress targets

Subsequent and consequent to evaluation of performance of

Services provided, specifically in regards to achievement of targets

related to the value drivers, CIDCO may:

a) recover a penalty of up to 10% of the costs of services in case

of non-achievement of the targets;

2.4 8 Deleted

3.4 9 Limitation of the Consultant's Liability towards CIDCO:

(a) Except in case of negligence or willful misconduct on the part of

the Consultant or on the part of any person or firm acting on

behalf of the Consultant in carrying out the Services, the

Consultant, with respect to damage caused by the Consultant to

CIDCO's property, shall not be liable to CIDCO:

(i) for any indirect or consequential loss or damage; &

(ii) for any direct loss or damage that exceeds (a) the total payments for Professional Fees made or expected to be made to the Consultant hereunder, or (b) the proceeds the Consultant may be entitled to receive


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GCC Cl. No.

SCC Cl. No.


from any insurance maintained by the Consultant to cover such a liability, whichever of (a) or (b) is higher.

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

3.5 10 The risks and the coverage’s shall be as follows:

(a) Third Party motor vehicle liability insurance as required under

Motor Vehicles Act, 1988 in respect of motor vehicles

operated in India by the Consultant or its Personnel or

any Sub-consultant or their Personnel for the period of

consultancy.

(b) Third Party liability insurance for the period of consultancy

(c) Professional Liability Insurance - Consultant will maintain at its

expense; Professional Liability Insurance including coverage

for errors and omissions caused by Consultant's negligence,

breach in the performance of its duties under this Contract

from an Insurance Company permitted to offer such

policies in India, for a period of two years beyond

completion of Consultancy Services commencing from the

Effective Date, (a) For an amount not exceeding total

payments for Professional Fees made or expected to

be made to the Consultant hereunder or (b) the proceeds,

the Consultant may be entitled to receive from any insurance

maintained by the Consultant to cover such a liability,

whichever of (a) or (b) is higher with a minimum coverage.


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GCC Cl. No.

SCC Cl. No.


(d) The indemnity limit in terms of "Any One Accident" (AOA) and

"Aggregate limit on the policy period" (AOP) should not be less

than the amount stated in the contract.

(e) Employer's liability and workers' compensation insurance in

respect of the Personnel of the Consultant and of any Sub

consultant, in accordance with the relevant provisions of the

Applicable Law, as well as, with respect to such Personnel,

any such life, health, accident, travel or other insurance as

may be appropriate; and all insurances and policies should

start from the date of commencement of services and

remain effective as per relevant requirements of contract

agreement.

3.9 11 The Consultant shall not use these documents for purposes unrelated

to this Contract without the prior written approval of the CIDCO

4.6 12 The Personnel designated as Team Leader/ in Appendices shall

serve as the Resident Team Leader/ in that capacity. He shall be

responsible for day to day performance of the services.

5.1 13 CIDCO shall not provide any facilities or services to the Consultant.

14 TRANSPORTATION

The Contractor shall provide two air conditioned vehicle Bolero- 7

seater brand new along with driver and fuel at the disposal of the

Engineer-in-charge for the use by CIDCO in connection with the

project during the period of the execution of the project including

approved extensions in time limit. The Contractor will bear all

expenses, connected with the operation and maintenance of this


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GCC Cl. No.

SCC Cl. No.


vehicle including driver’s wages, overtime and other benefits, cost

of the fuel / lubricant, repairs and maintenance, insurance, etc. to

the satisfaction of the engineer. The vehicle shall be replaced with

new vehicle after maximum run of 1,00,000 Km. In case of break

down or non availability of vehicle the corporation will hire the

vehicle at the risk and cost of the contractor. The vehicle may be

withdrawn after 3 months of completion of the work.

15 ADVANCE :

1. Mobilization advance -No mobilization advance will be paid.

2. Secured advance against material on site- No secured advance

against the material brought at site shall be paid.

3. Advance against machinery, plant and equipment procured by

the contractor- The Bidders are to note no advance shall be paid

against any machineries, plant and equipments procured by

him/them.




131131

APPENDIX – A : FORM FOR BANK GUARANTEE FOR

PERFORMANCE SECURITY


132132

FORM FOR BANK GUARANTEE FOR PERFORMANCE SECURITY

(On Stamp Paper of Appropriate Value) To

The Managing Director

City & Industrial Development Corporation of Maharashtra Ltd,

2nd floor, C.B.D., Belapur,

Navi Mumbai - 400 614

MAHARASHTRA

INDIA.

In consideration of " City & Industrial Development Corporation of Maharashtra

Ltd., (hereinafter referred to as "CIDCO", which expression shall, unless repugnant

to the context or meaning thereof include its successors, administrators and

assigns) having awarded M/s.___________ ___________________________________ having

its office at _______________________________ (hereinafter referred to as the

"Consultant", which expression shall repugnant to the context or meaning thereof,

include its successors, administrators, executors and assigns), a contract, by issue of

Letter of Acceptance no. ______________ dated _______ and the same having been

unequivocally accepted by the Consultant, for a Contract valued at INR

_____________/- (Indian Rupees _____________________________) excluding Service Tax

for "Consultancy Services for “Co-ordination, Design Proof Checking, Estimation,

Bid Process, and Supervision of Physical Infrastructure works in IDP Area

(Approximately 37.00 SQ KM) of NAINA” (hereinafter referred as the "Assignment"),

and the Consultant having agreed to furnish a Bank Guarantee to CIDCO as

"Performance Security” as stipulated by CIDCO in the said bid documents for

performance of the above assignment amounting to INR ____________________/-

(Indian Rupees _________________________).

We, _______________________________________ (Name & Address of the Bank) having

registered office at _______________________________________, a body


133133

registered/constituted under the___________________________________________

(hereinafter referred to as the “Bank”, which expression shall, unless

repugnant to the context or meaning thereof, include our successors,

administrators, executors and assigns) do hereby unconditionally guarantee and

undertake to pay CIDCO immediately on demand any or, all money payable by the

Consultant to up to the extent of INR ____________________/- (Indian Rupees

_________________________). as aforesaid at any time without any demur, reservation,

contest, recourse or protest and/or without any reference to the Consultant. Any

such demand made by CIDCO on the bank shall be conclusive and binding

notwithstanding any difference between CIDCO and the Consultant or any dispute

pending before any Court, Tribunal, Arbitrator or any other authority. We agree

that the Guarantee herein contained shall be irrevocable and shall continue to be

enforceable till CIDCO discharges this guarantee in writing.

CIDCO shall have the fullest liberty, without affecting in any way the liability of the

Bank under this Guarantee, from time to time to vary or to extend the time for

performance of the contract by the Consultant. CIDCO shall have the fullest liberty

without affecting this guarantee, to postpone from time to time the exercise of any

powers vested in them or of any right which they might have against the

Consultant and to exercise the same at any time in any manner, and either to

enforce or to forbear to enforce any covenants, contained or implied, in the

Contract between CIDCO and the Consultant and any other course or remedy or

security available to CIDCO. The bank shall not be relieved of its obligations under

these presents by any exercise by CIDCO of its liberty with reference to the matters

aforesaid or any of them or by reason of any other act or forbearance or other acts

of omission or commission on the part of CIDCO or any other indulgence shown

by CIDCO or by any other matter or thing whatsoever which under law would but

for this provision have the effect of relieving the Bank.


134134

The Bank also agrees that CIDCO at its option shall be entitled to enforce this

Guarantee against the Bank, as a principal debtor, in the first instance without

proceeding against the Consultant and notwithstanding any security or other

guarantee that CIDCO may have in relation to the Consultant's liabilities. CIDCO

shall be entitled to make multiple numbers of demands under this Bank Guarantee,

provided that the aggregate of all sums demanded by CIDCO, shall not exceed INR

____________________/- (Indian Rupees _________________________).

The Bank shall make the payment hereunder against the receipt of a demand

without any proof for document, notwithstanding any dispute by the Consultant,

and such a demand shall be a conclusive evidence of the Bank’s liability to pay

CIDCO.

The Bank Guarantee shall be a continuing irrevocable obligation on the Bank.

Any waivers, extensions of time or other forbearance given or variations required

under the Contract or any invalidity, unenforceability or illegality of the whole or

any part of the Contract or rights, of any Party thereto, or amendment or other

modification of the Contract, or any other fact, circumstance, provision of statue of

law which might, entitle the Bank to be released in whole or in part from its

undertaking, were its liability to be secondary and not primary, shall not in any way

release the Bank from its obligations under this Bank Guarantee.

Any demands, shall be deemed to have been duly served: if delivered by hand,

when left at the property address for service; and if given or made by pre-paid

registered post or through a reputed national/international courier or through a

facsimile transmission, when sent by CIDCO.

This Bank Guarantee shall be governed by and construed in accordance with the

laws of the Republic of India and the parties to this Bank Guarantee hereby submit

to the jurisdiction of the Courts of India (specifically Navi Mumbai /Mumbai) for

the purposes of settling any disputes or differences which may arise out of or in


135135

connection with this Bank Guarantee, and for the purposes of enforcement under

this Bank Guarantee notwithstanding anything contained herein,

a) Our liability under this Bank Guarantee is limited to INR

____________________/- (Indian Rupees _________________________). and it shall

remain in' force up to and including __________ (date of expiry of liability)

and shall be extended from time to time for such period as may be desired

by the Consultant, on whose behalf this guarantee has been given.

b) We are liable to pay the guaranteed amount or any part thereof under this

Bank Guarantee only and only if CIDCO serves upon us a written claim or

demand on or before__________________ (date of expiry of Guarantee/date of

expiry of grace period, whichever is later).

(Signature of the Authorized Official)

(Name & Designation with Bank Stamp)

NOTE:

(i) The bank guarantee(s) shall contain the name(s), designation(s) and code

number(s) of the officer(s) signing the guarantee(s).

(ii) The address, telephone no. and other details of the Head Office of the Bank

as well as of issuing branch shall be mentioned on the covering letter of

issuing Branch.

.


136136

APPENDIX – B : FORM OF INTEGRITY PACT


137137

INTEGRITY PACT

Between

City & Industrial Development Corporation of Maharashtra Ltd. (CIDCO) hereinafter referred to as “The Principal”,

and

…………………………………………………………. Hereinafter referred to as “The Bidder/Contractor”

Preamble

The Principal intends to award, under laid down organizational procedures,

contract/s for ……………………………………. The Principal values full compliance with all

relevant laws of the land, rules, regulations, economic use of resources and of

fairness / transparency in its relations with its Bidder(s) and / or Contractor(s).

In order to achieve these goals, the Principal will appoint an Independent External

Monitor (IEM), who will monitor the tender process and 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 tender for, or the execution of a contract,

demand, take a promise for or accept, for self or third person, any

material or immaterial benefit which the person is not legally entitled

to.


138138

b. The Principal will, during the tender process treat all Bidder(s) with

equity and reason. The Principal will in particular, before and during

the tender process, provide to all Bidder(s) the same information and

will not provide to any Bidder(s) confidential / additional information

through which the Bidder(s) could obtain an advantage in relation to

the tender process or the contract execution.

c. The Principal will exclude from the process all known prejudiced

persons.

(2) If the Principal obtains information on the conduct of any of its employees

which is a criminal offence under the IPC/PC Act, or if there be a substantive

suspicion in this regard, the Principal will inform the Chief Vigilance Officer

and in addition can initiate disciplinary actions.

Section 2 – Commitments of the Bidder(s) / Contractor(s)

(1) The Bidder(s) / Contractor(s) commit themselves to take all measures

necessary to prevent corruption. He commits himself to observe the

following principles during his participation in the tender process and

during the contract execution.

a. The Bidder(s) / Contractor(s) will not, directly or through any other

person or firm, offer, promise or give to any of the Principal’s

employees involved in the tender process or the execution of the

contract or to any third person any material or other benefit which

he/she is not legally entitled to, in order to obtain in exchange any

advantage of any kind whatsoever during the tender process or

during the execution of the contract.


139139

b. The Bidder(s) / Contractor(s) will not enter with other Bidders into any

undisclosed 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(s) / Contractor(s) will not commit any offence under the

relevant IPC/PC Act; further the Bidder(s) / Contractor(s) 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(s) / Contractor(s) of foreign origin shall disclose the name

and address of the Agents / representatives in India, if any. Similarly

the Bidder(s)/Contractor(s) of Indian Nationality shall furnish the

name and address of the foreign principals, if any. Further details as

mentioned in the “Guidelines on Indian Agents of Foreign Suppliers”

shall be disclosed by the Bidder(s) / Contractor(s). Further, as

mentioned in the Guidelines all the payments made to the Indian

agent/representative have to be in Indian Rupees only.

e. The Bidder(s)/Contractor(s) 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.


140140

(2) The Bidder(s) / Contractor(s) will not instigate third persons to commit

offences outlines above or be an accessory to such offences.

Section 3 – Disqualification from tender process and exclusion from future

contract

If the Bidder(s) / Contractor(s), before award or during execution has

committed a transgression through a violation of Section 2, above or in any

other form such as to put his reliability or credibility in question, the

Principal is entitled to disqualify the Bidder(s) / Contractor(s) from the

tender process or take action as per the procedure mentioned in the

“Guidelines on Banning of business dealing”.

Section 4 – Compensation for Damages

(1) If the Principal has disqualified the Bidder(s) 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 of the Contract value or the

amount equivalent to Performance Bank Guarantee.

Section 5 – Previous transgression

(1) The Bidder declares that no previous transgressions occurred in the

last three years with any other Company in any country conforming

to the anti-corruption approach or with any Public Sector Enterprise

in India that could justify his exclusion from the tender process.


141141

(2) If the Bidder makes incorrect statement on this subject, he can be

disqualified from the tender process or action can be taken as per the

procedure mentioned in “Guidelines on Banning of business

dealings”.

Section 6 – Equal treatment of all Bidders / Contractors / Subcontractors

(1) The Bidder(s) / Contractor(s) undertake(s) to demand from his

subcontractors a commitment in conformity with this Integrity Pact.

(2) The Principal will enter into agreements with identical conditions as

this one with all Bidders and Contractors.

(3) The Principal will disqualify from the tender process all bidders who

do not sign this Pact or violate its provisions.

Section 7 – Criminal charges against violating Bidder(s) / Contractor(s) /

Subcontractor(s)

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 same to the Chief

Vigilance Officer.

Section 8 – Independent External Monitor / Monitors

(1) The Principal appoints [1] Shri D.T. Joseph, IAS (retd) (email:

[email protected]) and [2] Shri Jayant Kumar Banthia, IAS (Retd)

(email: [email protected]) as Independent External Monitor

for this Pact. The task of the Monitor is to review independently and


142142

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 representatives of

the parties and performs his functions neutrally and independently.

It will be obligatory for him to treat the information and documents

of the Bidders / Contractors as confidential. He reports to the CIDCO.

(3) The Bidder(s)/Contractor(s) 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 Contractor

will also grant the Monitor, upon his request and demonstration of a

valid interest, unrestricted and unconditional access to his project

documentation. The same is applicable to Subcontractors. The

Monitor is under contractual obligation to treat the information and

documents of the Bidder(s)/Contractor(s)/Subcontractor(s) 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 Contractor. The parties offer to the Monitor the

option to participate in such meetings.

(5) As soon as the Monitor notices, or believes to notice, a violation of

this agreement, he will so inform the Management of the Principal

and request the Management to discontinue or take corrective

action, or to take other relevant action. The monitor can in this

regard submit non-binding recommendations. Beyond this, the


143143

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 CIDCO within 8 to 10

weeks from the date of reference or 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 CIDCO, a substantiated suspicion

of an offence under relevant IPC/PC Act, and the CIDCO has not,

within the reasonable time taken visible action to proceed against

such offence or reported it to the Chief Vigilance Officer, the Monitor

may also transmit this information directly to the Central Vigilance

Commissioner.

(8) The word ‘Monitor’ would include both singular and plural.

Section 9 – Pact Duration

(1)Pact becomes effective on signing & submission with bid by

bidder

(2)For the successful bidder, the Integrity Pact ends after 10 months

from last payment made to the successful bidder

(3)For unsuccessful bidders, valid for six months after award of

contract

If any claim is made / lodged during this time, the same shall be binding and

continue to be valid despite the lapse of this pact as specified above, unless it is

discharged / determined by CIDCO.


144144

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.

(2) Changes and supplements as well as termination notices need to be

made in writing. Side agreements have not been made.

(3) If the 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 co me to an agreement to their original

intentions.

(5) In the event of any contradiction between the Integrity Pact and its

Annexure, the Clause in the Integrity Pact will prevail”.

________________________________________ ______________________

(pre- signed For & On behalf of the Principal) (For & On behalf of

Name of HOD and Dep’t Bidder / Contractor)

(Office Seal) (Office Seal)

Place _______________

Date _______________


145145

Witness 1 :

(Name & Address) _________________________

_________________________

_________________________

_________________________

Witness 1 :

(Name & Address) _________________________

_________________________

_________________________

_________________________


146146

GUIDELINES FOR INDIAN AGENTS OF FOREIGN SUPPLIERS

1.0 There shall be compulsory registration of agents for all Global (Open)

Tender and Limited Tender. An agent who is not registered with CIDCO

Plants / Units shall apply for registration in the prescribed Application –

Form.

1.1 Registered agents will file an authenticated Photostat copy duly attested by

a Notary Public / Original certificate of the principal confirming the agency

agreement and giving the status being enjoyed by the agent and the

commission / remuneration / salary / retainer ship being paid by the

principal to the agent before the placement of order by CIDCO Plants / Unit.

1.2 Wherever the Indian representatives have communicated on behalf of their

principals and the foreign parties have stated that they are not paying any

commission to the Indian agents, and the Indian representative is working

on the basis of salary or as retainer, a written declaration to this effect

should be submitted by the party (i.e. Principal) before finalizing the order.

2.0 DISCLOSURE OF PARTICULARS OF AGENTS / REPRESENTATIVES IN

INDIA,

IF ANY

2.1 Tenderers of Foreign nationality shall furnish the following details in their

offer:

2.1.1 The name and address of the agents / representatives in India, if any and

the extent of authorization and authority given to commit the Principals. In

case the agent / representative be a foreign Company, it shall be confirmed

whether it is real substantial Company and details of the same shall be

furnished.


147147

2.1.2 The amount of commission/remuneration included in the quoted price(s) for

such agents / representatives in India.

2.1.3 Confirmation of the Tenderer that the commission/remuneration if any,

payable to his agents / representatives in India, may be paid by CIDCO in

Indian Rupees only.

2.2 Tenderers of Indian Nationality shall furnish the following details in their offer:

2.2.1 The name and address of the foreign principals indicating their nationality

as well as their status, i.e. whether manufacturer or agents of manufacturer

holding the Letter of Authority of the Principal specifically authorizing the

agent to make an offer in India in response to tender either directly or

through the agents / representatives.

2.2.2 The amount of commission/remuneration included in the price(s) quoted by

the Tenderer for himself.

2.2.3 Confirmation of the foreign principals of the Tenderer that the commission /

remuneration, if any, reserved for the Tenderer in the quoted price(s), may

be paid by CIDCO in India in equivalent Indian rupees on satisfactory

completion of the Project or supplies of Stores and Spares in case of

operation items.

2.3 In either case, in the event of contract materializing, the terms of payment

will provide for payment of the commission / remuneration, if any payable

to the agents / representatives in India in Indian Rupees on expiry of 90

days after the discharge of the obligations under the contract.

2.4 Failure to furnish correct and detailed information as called for in

paragraph-2.0 above will render the concerned tender liable to rejection or

in the event of a contract materializing, the same liable to termination by

CIDCO. Besides this there would be a penalty of banning business dealing

with CIDCO or damage or payment of a named sum.

*********


148148

APPENDIX – C : FORM OF BANK GUARANTEE FOR EMD


149149

FORM OF BANK GUARANTEE FOR EMD

(Valid for Min. period of 6 months) (On stamp paper of appropriate value)

To:

The City and Industrial Development Corporation of Maharashtra Limited, ‘Nirmal’, 2nd floor, Nariman Point, Mumbai - 400 021.

1. In consideration of City & Industrial Development Corporation of

Maharashtra Limited, a Company incorporated under the Companies Act,

1956 (I of 56) and having its registered office at ‘Nirmal’, 2nd floor, Nariman

Point, Mumbai 400 021 (hereinafter called the “Employer” which expression

shall unless repugnant to the subject and context on meaning thereof

include its successors and assigns) having invited Bids in connection with

Contract No. __________________________ dated __________ for the execution of

Civil work of ______________________________________________________ and in

further consideration of the Employer having consented to permit

M/s._______________________________________________ (Name of Agency)

(hereinafter called “the Bidder”, which expressions shall unless be repugnant

on the context and meaning thereof include his heir, executors and

administrators and assign/assigns) to deposit the Earnest Money Deposit of

Rs.____________ (Rupees __________________________________________) in the form

of an unconditional and irrevocable Bank Guarantee furnished by (Name of

Nationalised / Scheduled Bank, Mumbai / Navi Mumbai Branch) in

accordance with the conditions of the said notice inviting the Bids.

2. We the Bank of _____________________________________(Name of Bank),

constituted and established under the Banking companies Act, Acquisition


150150

and Transfer Undertaking Act 1970 - a company incorporated under

Companies Act 1956 and Scheduled Bank, within the meaning of Reserve

Bank Act 1934, Clause (e) of Section 2 having our Head office at

__________________________________(Address) do and hereby guarantee,

undertake and agree to pay the Employer a sum of Rs.________________

(Rupees _________________________________________________________) in the event

of the Bidder revoking his Bid or; offer or vary or modify any conditions

stipulated in, more particularly specified in para 3.4 of the Notice of Bid &

Instructions to the Bidders; or further, in the event of the Bidder failing or

omitting to deposit the Contract Deposit in accordance with Condition

No.10.1.1 of the General Conditions of the contract.

3. We, Bank of ___________________________________ further agree that the

Employer shall be sole judge of and as to whether the contractor has

committed any breach or breaches of any of the terms and conditions of the

said contract and the extent of loss, damages, costs, charges and expenses

caused to or suffered by or that may be caused to or suffered by the

Employer on account thereof and the decision of the Employer that the

contractor has committed such breach or breaches and as to the amount or

amounts of loss, damage, cost, charges and expenses caused to or suffered

by or that may be caused to or suffered by the Employer from time to time

shall be final and binding on us.

4. We, the said Bank, further agree that the Guarantee herein contained shall

remain in full force and effect during the period that would be taken for

the performance of the said contract and till all the dues of the Employer

under the said Contract or by virtue of any of the terms and conditions

governing the said contract have been fully paid and it’s claims satisfied or

discharged and till Chief Engineer (NM) certifies that the terms and


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conditions of the said contract have been fully and properly carried out by

the contractor and accordingly discharges this guarantee subject however

that the Employer shall have no claim under this Guarantee after completion

of the work or from the date of cancellation of the said contract, as the case

may be, unless a notice of the claim under this Guarantee has been served

on the Bank before the expiry of the said period of six months from the date

of receipt of Bid i.e. in which case the same shall be enforceable against the

Bank not withstanding the fact that the same is enforced after the expiry of

the said period of six months from the date of receipt of Bid

i.e._____________________.

5. The Employer shall have the fullest liberty without affecting in any way the

liability of the Bank under this Guarantee of Indemnity from time to time

vary any of the terms and conditions of the said contract or to extend time

of performance by the Contractor or to postpone for any time and from

time to time any of the power exercisable by its against the contractor and

either to enforce or forbear from enforcing any of the terms and conditions

governing the said contract or securities available to the Employer and the

said bank shall not be released from its liability under these presents by an

exercise by the Employer of the liberty with reference to the matters

aforesaid or by reason of time being given to the Contractor or any other

forbearance, act or omission on the part of the Employer or any indulgence

by the Employer to the Contractor or of any other matter or things

whatsoever which under the law relating to surities would but for this

provision have the effect of so releasing the Bank from its such liability.

6. It shall not be necessary for the Employer to proceed against the contractor

before proceeding against the Bank and the Guarantee herein contained

shall be enforceable against the bank notwithstanding any security which


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the Employer may have obtained or obtain from the Contractor shall at the

time when proceedings are taken against the bank hereunder be

outstanding or unrealized.

7. We, the said Bank lastly undertake not to revoke this Guarantee during the

currency except with the previous consent of the Employer in writing and

agree that any change in the constitution of the Contractor or the said Bank

shall not discharge our liability hereunder.

8. Our liability under this bond is restricted to Rs._______________ and it will

remain till the __________________, unless an action to enforce the claim under

the guarantee is filed against us before that date all your rights under the

said Guarantee shall be forfeited and we shall be relieved and discharged for

all liability thereunder.

Dated this _____ the day of_________ 20__.

For and on behalf of the Bank

Date :

The above guarantee is accepted by

For & on behalf of the Employer

(Name and Designation)


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DRAWINGS


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ANNEXURE - A


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ADDL. CHIEF PLANNER (NAINA)Date :


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PLAN

PLAN INDICATING PHASE I AREA BEING CONSIDERED OF INTENSIVE DEVELOPEMTN IN IDP-II PLAN (Signature) Authorized Signatory Bidders Name & Seal


REQUEST FOR PROPOSAL...4. NAINA Navi Mumbai Airport Influence Notified Area 5. Agency Bidder /...

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Transcript of REQUEST FOR PROPOSAL...4. NAINA Navi Mumbai Airport Influence Notified Area 5. Agency Bidder /...