PMC Tender Document

APPOINTMENT OF PR OJECT MANAGEMENT CONSU LTANT FOR CONSTRU CTION OF UNDERGROUND ROAD
CONNECTIVITY FROM ORANGE GATE - EASTERN FREEWAY TO COASTAL ROAD AT MARINE DRIVE AT MUMBAI
ISLAND CI TY
MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY
TENDER DOCUMENTS
“APPOINTMENT OF PROJECT MANAGEMENT CONSULTANT FOR CONSTRUCTION OF

UNDERGROUND ROAD CONNECTIVITY FROM ORANGE GATE - EASTERN FREEWAY TO COASTAL
ROAD AT MARINE DRIVE AT MUMBAI ISLAND CITY”
AUGUST 2023
MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY

NEW MMRDA BUILDING, BKC, BANDRA EAST
Page 1 of 130
APPOINTMENT OF PROJECT MANAGEMENT CONSU LTANT FOR CO NSTRU CTION OF UNDERGROUND R OAD
ISLAND CITY
Contents
1 GENERAL .................................................................................................................................................................. 3
1.1 Name of Work: .......................................................................................................................................................... 3
1.2 Key Details are as follows: ................................................................................................................................... 3
2 TENDER SUBMISSION ONLINE: ......................................................................................................................... 5
2.1 INSTRUCTIONS FOR ONLINE BID SUBMISSION: ....................................................................................... 5
2.2 REGISTRATION ........................................................................................................................................................ 5
2.3 SEARCHING FOR TENDER DOCUMENTS ...................................................................................................... 5
2.4 PREPARATION OF BIDS: ...................................................................................................................................... 6
2.5 SUBMISSION OF BIDS ............................................................................................................................................ 6
2.6 ASSISTANCE TO BIDDERS ................................................................................................................................... 7
SECTION 2. INSTRUCTIONS TO CONSULTANTS AND DATA SHEET ............................................................... 9
INSTRUCTIONS TO CONSULTANTS............................................................................................................................... 9
SECTION 3. TECHNICAL BID ..................................................................................................................................... 32
SECTION 4. FINANCIAL BID ...................................................................................................................................... 49
SECTION 5. TERMS OF REFERENCE........................................................................................................................ 51
Chapter 2. Objectives of Consulting Services .......................................................................................................... 52
Chapter 3. Scope of Consulting Services ................................................................................................................... 65
Chapter 4. Time Schedule and Staffing (Expertise required) .......................................................................... 65
Chapter 5. Key Experts............................................................................................................................................... 65
Chapter 6. Deliverables ............................................................................................................................................. 79
Chapter 7. Employers Assistance to the Consultant........................................................................................ 81
Form of Contract .......................................................................................................................................................... 84
I. General Conditions of Contract ..................................................................................................................... 86
APPENDIX A - FORM OF ADVANCE PAYMENTS GUARANTEE ..................................................................... 117
APPENDIX B - FORM OF PERFORMANCE GUARANTEE [See Clause GCC 29] ........................................ 119
APPENDIX - D Fees and payment schedule ...................................................................................................... 121
Appendix-E: Form of undertaking to provide parent company guarantee .......................................... 125
Appendix-F: Parent Company Guarantee ......................................................................................................... 127
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ISLAND CITY
SECTION 1: NOTICE INVITING TENDER (NIT)
1 GENERAL
1.1 Name of Work:
1.1.1.Mumbai Metropolitan Region Development Authority(MMRDA) invites sealed tenders

through Mahatenders portal from Reputed and Experienced Consultants through
International Competitive Bidding (ICB) under Single stage two-envelope system (i.e.
Technical & Financial) from eligible applicants, who fulfil qualification criteria as
stipulated in ITC Data sheet.
1.1.2.A firm will be selected under Quality and Cost Based selection (QCBS) and procedures
described in thisTender. Details on the proposal’s submission date, time and address
are provided in clause 1.2 below.
1.1.3.The Tender includes the following documents:

Section 1: Notice Inviting Tender (NIT)
Section 2: Instructions to Consultant (ITC)
Section 3: Technical Bid
Section 4: Financial Bid
Section 5: Terms of Reference (ToR)
Section 6: Conditions of Contract
1.2 Key Details are as follows:
1 Name of work “Appointment of Project Management Consultant for

construction of underground road connectivity from
Eastern Freeway – Orange gate to Coastal Road at
Marine Drive at Mumbai Island city”
2 TenderSecurityAmount (EMD) INR 1.80 crores (Rupees One Crore Eighty Lakh only).
3 Tender validity Biddersare

180 Day to provide
from the their
dateGST
ofregistration
submission details.
of tender
4 ValidityofTenderSecurity Amount (17/03/24)

28 Days beyond Tender validity period (208 days) i.e.,
valid up to 24/05/2024
5 Cost of the Tender Documents INR 50,000 excluding GST
6 DurationofContract 54 Months during Construction Period and
(Completion period of the work) 24 Months DLP
7 TenderDocumentDownloaded e-Tender Publication and Document download start date:
14/08 /2023
8 Pre-bid Meeting 29/08/2023 at 16:00 hrs at New MMRDA Building.
Last date for seeking clarifications (by email / letter in
post): 28/08 /2023 at 18:00 hrs.
9 Last Date for issuing addendum XX/XX/XX Up to 18:00 hrs
and pre- bid replies
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10 Last Date and Time of submission 18/09/2023 Up to 18:00 hrs
of Tender
11 Date and Time of 20/09/2023 at 12.00 hrs
opening of Tender
12 Bidders barred from Those bidder or JV partner, Who have abandoned any
bidding for this work contract executed for MMRDA, Maharashtra State Govt.
or any Other Govt. Authority / PSUs during last 03 years,
and/ or Whose contracts have been terminated, and/or
bidders who have been blacklisted and/or banned by
MMRDA, Maharashtra State Govt. or any Other Govt.
Authority / PSUs and currently if the ban is effective as
on date of submission of bid, are not eligible to
participate in this tender.
13 Web site from which Tender https://mahatenders.gov.in/
Documents and any additional
Information can be downloaded
Note: If the date of submission of tenders happens to be a public holiday, Tenders will be received
and opened on the next working day. Bidders are requested to check the website for regular updates.
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2 TENDER SUBMISSION ONLINE:
2.1 INSTRUCTIONS FOR ONLINE BID SUBMISSION:
The bidders are required to submit soft copies of their bids electronically on the Portal,
using valid Digital Signature Certificates. The instructions given below are meant to assist
the bidders in registering on the Portal, prepare their bids in accordance with the
requirements and submitting their bids online on the Portal.
More information useful for submitting online bids on the Portal may be obtained
at:https://mahatenders.gov.in/
2.2 REGISTRATION
a) Bidders are required to enroll on the Mahatenders Portal

(URL:https://mahatenders.gov.in/by clicking on the link “Online bidder Enrollment” on
the Portal which is free of charge.
b) As part of the enrolment process, the bidders will be required to choose a unique
username andassign a password for their accounts.
c) Bidders are advised to register their valid email address and mobile numbers as part of the
registration process. These would be used for any communication from the Portal.
d) Upon enrolment, the bidders will be required to register their valid Digital Signature
Certificate (Class II or Class III Certificates with signing key usage) issued by any Certifying
Authority recognized by CCA India (e.g.Sify / nCode / eMudhra etc.), with their profile.
e) Only one valid DSC should be registered by a bidder. Please note that the bidders are
responsible for ensuring that they do not lend their DSC’s to others which may lead to
misuse.
f) Bidder then logs in to the site through the secured log-in by entering their user ID /
password and the password of the DSC / e-Token.
2.3 SEARCHING FOR TENDER DOCUMENTS
a) There are various search options built in the Portal, to facilitate bidders to search active
tenders by several parameters. These parameters could include Tender ID, Organization
Name, Location, Date, Value, etc. There is also an option of advanced search for tenders,
wherein the bidders may combine a number of search parameters such as Organization
Name, Form of Contract, Location, Date, Other keywords etc. to search for a tender
published on the Portal.
b) Once the bidders have selected the tenders they are interested in, they may download the
required documents / tender schedules. These tenders can be moved to the respective
“My Tenders” folder. This would enable the Portal to intimate the bidders through SMS/ e-
mail in case there is any corrigendum issued to the tender document.
c) The bidder should make a note of the unique Tender ID assigned to each tender; in case
they want to obtain any clarification / help from the Helpdesk.
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2.4 PREPARATION OF BIDS:
a) Bidder should take into account any corrigendum, Addendums etc. published on the tender
document before submitting their bids.
b) Please go through the tender advertisement and the tender document carefully to
understand the documents required to be submitted as part of the bid. Please note down the
number of covers in which the bid documents have to be submitted, the number of
documents - including the names and content of each of the documents that need to be
submitted. Any deviations from these may lead to rejection of the bid.
c) The bidder, in advance, should get ready the bid documents to be submitted as indicated in
the tender document / schedule and generally, they can be in PDF/ XLS/ RAR/ DWF/JPG
formats. Bid documents may be scanned with 100 dpi with black and white option which
helps in reducing the size of the scanned document.
d) To avoid the time and effort required in uploading the same set of standard documents which
are required to be uploaded as a part of every bid, a provision of uploading such standard
documents (e.g. PAN card copy, annual reports, auditor certificates etc.) has been provided to
the bidders. Bidders can use “My Space” or ‘’Other Important Documents” area available to
them to upload such documents. These documents may be directly submitted from the “My
Space” area while submitting a bid and need not be uploaded again and again. This will lead
to a reduction in the time required for the bid submission process.
2.5 SUBMISSION OF BIDS
a) Bidder should log into the site well in advance for bid submission so that they can upload
the bid in time i.e. on or before the bid submission time. Bidder will be responsible for any
delay due to other issues.
b) The bidder has to digitally sign and upload the required bid documents one by one as
indicated in the tender document.
c) Bidder shall pay the cost of the Tender documents as mentioned in the NIT on the E-
tendering portal of MMRDA and a copy of the payment receipt shall be uploaded on the E-
tendering portal of MMRDA/MAHATENDER.
d) Tender Security/ Earnest Money Deposit (EMD): Bidder should submit the EMD/Tender
Security as per the instructions specified below.
i. The tender security for the amount mentioned in NIT, in the form of Bank
guarantee(s) from any PSU or Scheduled commercial bank in India shall be
accepted. Validity period of 208 days from the last date of submission of tender. This
Bank Guarantee shall be in the format also included in bidding forms (section 3)
ii. No other mode of payment will be accepted. The bidders will be required to enter
transaction no and bank details. MMRDA Bank details are listed below:
BankName : Bank of Maharashtra
Branch : Kalanagar, Bandra (East)
Account No :60259778998
IFSC Code :MAHB0000164
iii. Bid submitted without tender security shall be rejected.
iv. The copy of Tender Security/EMD shall be enclosed in the technical bid.
v. The Tender Security/EMD shall be returned on the receipt of Performance Security
and signing of the Contract as required with the successful Tenderer.
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vi. The Tender Security/EMD of unsuccessful bidders shall be returned within 30 days
from the date of the opening of the financial proposals except two highest ranked
bidders. Bid Security of the Selected Applicant and the Second ranked Team shall be
returned, upon the Selected Applicant signing the Agreement.
vii. Tender Security/EMD will be forfeited under the following
circumstances:Withdrawalof tender during the period of tender validity.
 Withdrawal of tender during the period of tender validity
 Failure to sign the contract if so awarded to the Tenderer
 Failure to submit the Performance Guarantee.
e) Bidders are requested to note that they should submit their financial bids in the format
provided and no other format is acceptable. If the price bid has been given as a standard
format with the tender document, then the same is to be downloaded and to be filled out
by all the bidders. Bidders are required to download the file, open it and complete the
white colored (unprotected) cells with their respective financial quotes and other details
(such as name of the bidder). No other cells should be changed. Once the details have been
completed, the bidder should save it and submit it online, without changing the filename. If
the file is found to be modified by the bidder, then the bid will be rejected.
f) The server time (which is displayed on the bidders’ dashboard) will be considered as the
standard time for referencing the deadlines for submission of the bids by the bidders,
opening of bids etc. The bidders should follow this time during bid submission.
g) All the documents being submitted by the bidders would be encrypted using PKI
encryption techniques to ensure the secrecy of the data. The data entered cannot be
viewed by unauthorized persons until the time of bid opening. The confidentiality of the
bids is maintained using the secured Socket Layer 128-bit encryption technology. Data
storage encryption of sensitive fields is done. Any bid document that is uploaded to the
server is subjected to symmetric encryption using a system generated symmetric key.
Further this key is subjected to asymmetric encryption using buyers/bid openers’ public
keys. Overall, the uploaded tender documents become readable only after the tender
opening by the authorized bid openers.
h) The uploaded tender documents become readable only after the tender opening by the
authorized bid openers.
i) Upon the successful and timely submission of bids (i.e. after Clicking “Freeze Bid
Submission” in the portal), the portal will give a successful bid submission message & a bid
summary will be displayed with the bid no. and the date & time of submission of the bid
with all other relevant details.
j) The bid summary has to be printed and kept as an acknowledgement of the submission of
the bid. This acknowledgement may be used as an entry pass for any bid opening
meetings.
2.6 ASSISTANCE TO BIDDERS
a) Any queries relating to the tender document and the terms and conditions contained
therein should be addressed to the Tender Inviting Authority for a tender or the relevant
contact person indicated in the tender.
b) Any queries relating to the process of online bid submission or queries relating to Portal in
general may be directed to the 24x7 Portal Helpdesk.
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2.7 The bidders may obtain further information and pre-bid clarifications, if any, in respect of these
tender documents from the Executive Engineer, 2nd Floor, New MMRDA Building, BKC, Bandra
East, Mumbai – 400051
2.8 Late or delayed tenders will not be accepted and will be summarily rejected.
2.9 MMRDA reserves the right to accept or reject any or all proposals without assigningany reasons.
No Tenderer shall have any cause of action or claim against the MMRDA for rejection of his
proposal.
2.10 The Consultancy firm/ firms as a single entity or as the Lead partner or JV member must not
have been blacklisted or debarred or suspended (either as single entity or as partner of JV) by
any Govt. /Semi govt. Authority, Funding Agencies like World Bank/ADB/ JICA etc. at the time of
submission. The consultancy firm/ firms is not allowed to use the project reference of any entity
which has been debarred or blacklisted. The consultancy firm/ firms to which notice of
Blacklisting/ Poor performance is issued are also not eligible to participate in this tender.
The firm/ firms will be excluded from selection process if it is debarred/blacklisted at the time
of submission of bid. Suppression of any information or material by the Bidder regarding the
Debarment, details of Litigation history, blacklisting of the consultant, misrepresentation, or
omission of any other material fact in order to influence a selection process would be construed
as a fundamental breach and will lead to the disqualification of the Bidder or the termination of
its Contract without any further correspondence and may lead to debarment or blacklisting.
2.11 Bidders to provide record of Blacklisting, Banning, and non-performance, deregistration,

prolonged suspension including cases where they have failed to take possession or to
commence any contract after the Award of contract (for last 7 years) in the Performa attached
in Form Tech-3: Undertaking for Not Being Blacklisted. MMRDA reserves the right to accept
or reject the bid on account of details furnished in the Performa. Any wrong or willful non-
disclosure of information will be viewed seriously.
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SECTION 2. INSTRUCTIONS TO CONSULTANTS AND DATA SHEET
INSTRUCTIONS TO CONSULTANTS
A. General Provisions
1. Definitions a. “Affiliate(s)” means an individual or an entity that directly or

indirectly controls, is controlled by, or is under common control
with the Consultant.
b. “Applicable Law” means the laws and any other instruments having
the force of law in the Client’s country, as they may be issued and in
force from time to time.
c. “Client or Employer” means the Mumbai Metropolitan Region
Development Authority (also referred to as the “MMRDA”) which
expression shall also include their legal successors and permitted
assigns.
d. “Consultant” means a legally established professional consulting
firm or an entity that may provide or provides the Services to the
Client under the Contract.
e. “Contract” means a legally binding written agreement signed
between the Client and the Consultant and includes all the attached
documents listed in its Clause 1 (the General Conditions of Contract
(GCC), the Special Conditions of Contract (SCC), and the
Appendices).
f. “Data Sheet” means an integral part of the Instructions to
Consultants (ITC) Section 2 that is used to reflect specific country
and assignment conditions to supplement, but not to over-write,
the provisions of the ITC.
g. “Day” means a calendar day, unless otherwise specified as
“Business Day”. A Business Day is any day that is an official working
day of the Client. It excludes the Client’s official public holidays.
h. “Experts” means, collectively, Key Experts, Non-Key Experts, or any
other personnel of the Consultant, Sub-consultant or Joint Venture
member(s).
i. “Government” means the government of the Client’s country.
j. “In writing” means communicated in written form (e.g. by mail, e-
mail, fax, including, if specified in the Data Sheet, distributed or
received through the Mahatenders used by the Client) with proof of
receipt;
k. “Joint Venture (JV)” means an association with or without a legal
personality distinct from that of its members, of more than one
Consultant where one member has the authority to conduct all
business for and on behalf of any and all the members of the JV, and
where the members of the JV are jointly and severally liable to the
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Client for the performance of the Contract.
l. “Key Expert(s)” means an individual professional whose skills,
qualifications, knowledge and experience are critical to the
performance of the Services under the Contract.
m. “ITC” (this Section 2 of the Tender) means the Instructions to
Consultants that provides the Consultants with all information
needed to prepare their Bids.
n. “Non-Key Expert(s)” means an individual professional provided by
the Consultant or its Sub-consultant and who is assigned to perform
the Services or any part thereof under the Contract.
o. “Bid” means the Technical Bid and the Financial Bid of the
Consultant.
p. “Tender” means the Request for Bids to be prepared by the Client
for the selection of consultants.
q. “Services” means the work to be performed by the Consultant
pursuant to the Contract.
r. “Sub-consultant” means an entity to whom the Consultant intends
to subcontract any part of the Services with prior approval of the
Client while the Consultant remains responsible to the Client during
the whole performance of the Contract.
s. “Terms of Reference (TORs)” (the Section 5 of the Tender) means
the Terms of Reference that explains the objectives, scope of work,
activities, and tasks to be performed, respective responsibilities of
the Client and the Consultant, and expected results and deliverables
of the assignment.
t. “ESHS” means environmental, social (including sexual exploitation
and abuse (SEA) and gender-based violence (GBV)), health and
safety.
2. Introduction 2.1 The Client named in the Data Sheet intends to select a consultant
from those listed in the Tender, in accordance with the method of
selection specified in the Data Sheet.
2.2 The Consultants are invited to submit a Technical Bid and a
Financial Bid, for consulting services required for the assignment
named in the Data Sheet. The Bid will be the basis for signing the
Contract with the selected Consultant.
2.3 The Consultants should familiarize themselves with the local
conditions and take them into account in preparing their Bids,
including attending a pre-bid meeting if one is specified in the
Data Sheet. Attending any such pre-bid meeting is optional and is
at the Consultants’ expense.
2.4 The Client will timely provide, at no cost to the Consultants, the
inputs, relevant project data, and reports required for the
preparation of the Consultant’s Bid as specified in the Data Sheet.
3. Conflict of Interest  3.1 Clause for Exclusion of Conflict of Interest
Neither the Consultant nor their Sub-Consultant nor the
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Personnel of either of them shall engage, either directly or
indirectly, in any business or professional activities which
would conflict with the activities assigned to them under this
Contract. The consultants who have worked previously for the
Peer Review of the DPR of the said project are also eligible to
bid.
Conflicting (i) Relationship with the Client: a consultant cannot be an affiliate

Relationships of the Client unless it can be demonstrated that there is not a
significant degree of common ownership, influence or control
2.7.1 between the Client and the Consultant, and that the Consultant
would not be placed in a position where its judgement in the
execution of the assignment may be biased.
(ii) Any other types of conflicting relationships as indicated in the
Data Sheet.
4. Prohibited Practices Fairness and transparency in the selection process require that the
Consultants or their Affiliates competing for a specific assignment do
2.7.2 not derive a competitive advantage from having provided consulting
services related to the assignment in question. To that end, the Client
shall indicate in the Data Sheet and make available to all Consultants
together with this Tender all information that, if not shared with all,
would in that respect give such Consultant any unfair competitive
advantage over competing Consultants.
2.7.3
5. Unfair Competitive 5.1 Undertaking Regarding Corrupt & Fraudulent Practice should be
Advantage submitted by Bidders- (Form Tech-3) In pursuance of this clause.
5.2 Client will reject the result of evaluation of Bids if it determines that
2.7.4 the Consultant evaluated has engaged incorrupt or fraudulent
practices in competing for the contract in question; client will
recognize such Consultant as ineligible, for a period determined by
Employer.
5.3 The Consultant shall have no direct or indirect interest in
commercial, manufacturing or contracting activities that might tend
to influence its professional judgment. It is remunerated solely by
the fees paid to it by the client. It shall approach all assignments
objectively and by using sound technical and economic principles
provide solutions which serve the best interests of client.
5.4 The Consultant shall give a declaration that its firm has no financial
or managerial ties with other organizations that could influence its
independence. (Form Tech-3)
6. Eligibility 6.1 Client permits consultants (individuals and firms, including Joint
Ventures and their individual members) from all countries to offer
consulting services.
6.2 Furthermore, it is the Consultant’s responsibility to ensure that its
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Experts, joint venture members, Sub-consultants, agents (declared),
sub-contractors, service providers, suppliers and/or their
employees meet the eligibility requirements.
6.3 As an exception to the foregoing ITC 6.1 and ITC 6.2 above:
a. Prohibitions 6.3.1 Firms and individuals of a country or goods manufactured in a
country may be ineligible if:
a. as a matter of law or official regulations, the Client’s country
prohibits commercial relations with that country, provided that the
Client is satisfied that such exclusion does not preclude effective
competition for the provision of Services required; or
b. by an act of compliance with a decision of the United Nations Security
Council taken under Chapter VII of the Charter of the United Nations,
the Client’s Country prohibits any import of goods from that country
or any payments to any country, person, or entity in that country.
b. Restrictions for 6.3.2 Government officials and civil servants of the Client’s country
Public Employees are not eligible to be included as Experts, individuals, or members
of a team of Experts in the Consultant’s Bid unless:
i. the services of the government official or civil servant are of a
unique and exceptional nature, or their participation is critical
to project implementation; and
ii. their hiring would not create a conflict of interest, including
any conflict with employment or other laws, regulations, or
policies of the Client.
c. Client Debarment 6.3.3 A firm that is under a sanction of debarment by the Client from
being awarded a contract is eligible to participate in this
procurement, unless the Client is satisfied that the debarment;
(a) relates to fraud or corruption or other prohibited practices,
and (b) followed a judicial or administrative proceeding that
afforded the firm adequate due process
B. PREPARATION OF BIDS
7.General In preparing the Bid, the Consultant is expected to examine the tender
Considerations in detail. Material deficiencies in providing the information requested
in the Tender may result in rejection of the Bid.
8. Cost of Preparation The Consultant shall bear all costs associated with the preparation and
of Bid submission of its Bid, and the Client shall not be responsible or liable
for those costs, regardless of the conduct or outcome of the selection
process. The Client is not bound to accept any Bid and reserves the right
to annul the selection process at any time prior to Contract award,
without thereby incurring any liability to the Consultant.
2.7.5
9.Documents 9.1 The Bid, as well as all correspondence and documents relating to
comprising the Bid the Bid exchanged between the Consultant and the Client shall be
written in the English language.
9.2 The Bid shall comprise the documents and forms listed in the Data
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Sheet.
9.3 The Consultant shall include a statement of an undertaking of the
Consultant to observe, in competing for and executing a contract,
the Client country’s laws against fraud and corruption (including
bribery).
The Consultant shall furnish information on commissions,
gratuities, and fees, if any, paid or to be paid to agents or any other
party relating to this Bid and, if awarded, Contract execution, as
requested in the Financial Bid submission form (Section 4).
10. Only One Bid The Consultant (including the individual members of any Joint Venture
shall submit only one Bid, either in its own name or as part of a Joint
Venture in another Bid. If a Consultant, including any Joint Venture
member, submits or participates in more than one Bid, all such Bids
shall be disqualified and rejected. However, this does not limit: (a) the
inclusion of the same Sub-consultant in more than one Bid for the
same contract; or (b) the ability of one Consultant to be a Sub-
consultant in another Bid for the same contract.
11. Bid Validity 11.1 The Data Sheet indicates the period during which the
Consultant’s Bid must remain valid after the Bid submission
deadline.
11.2 During this period, the Consultant shall maintain its original Bid
without any change, including the availability of the Key
Experts, the proposed rates and the total price.
11.3 If it is established that any Key Expert nominated in the
Consultant’s Bid was not available at the time of Bid submission
or was included in the Bid without his/her confirmation, such
Bid shall be disqualified and rejected for further evaluation and
may be subject to sanctions in accordance with ITC 5.
a. Extension of 11.4 The Client will make its best effort to complete the negotiations
Validity Period and award the contract within the Bid’s validity period.
However, should the need arise, the Client may request, in
writing, all Consultants who submitted Bids prior to the
submission deadline to extend the Bids’ validity.
11.5 If the Consultant agrees to extend the validity of its Bid, it shall
be done without any change in the original Bid.
11.6 The Consultant has the right to refuse to extend the validity of
its Bid in which case such Bid will not be further evaluated.
b. Sub-Contracting 11.7 The Consultant shall not subcontract the whole of the Services.
12. Clarification and 12.1 The Consultant may request a clarification of any part of the
Amendment of Tender during the period indicated in the Data Sheet before the
Tender Bids’ submission deadline. Any request for clarification must be
sent in writing, or by standard electronic means, to the Client’s
address indicated in the Data Sheet. The Client will respond in
writing, or by standard electronic means, and will send written
copies of the response (including an explanation of the query but
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without identifying its source) to all Consultants. Should the
Client deem it necessary to amend the Tender as a result of a
clarification, it shall do so following the procedure described
below:
12.1.1 At any time before the Bid submission deadline, the Client may
amend the Tender by issuing an amendment in writing or by
standard electronic means. The amendment shall be sent to all
Consultants and will be binding on them. The Consultants shall
acknowledge receipt of all amendments in writing.
12.1.2 If the amendment is substantial, the Client may extend the Bid
submission deadline to give the Consultants reasonable time to
take an amendment into account in their Bids.
12.2 The Consultant may submit a modified Bid or a modification to
any part of it at any time prior to the Bid submission
deadline. No modifications to the Technical or Financial Bid
shall be accepted after the deadline.
13. Technical Bid The Technical Bid shall be prepared using the Standard comprise the
Format and Content documents listed in the Data Sheet. The Technical Bid shall not include
any financial information. A Technical Bid containing material
financial information shall be declared non-responsive and submission
of technical bid in a wrong format may lead to the bid being deemed
non-responsive.
14. Financial Bid The Financial Bid shall be prepared using the Standard Forms provided
in Section 4 of the Tender. It shall list all costs associated with the
assignment, including (a) remuneration for Key Experts and Non-Key
Experts indicated in the Data Sheet.
a. Price Adjustment Price adjustment shall be as per clause no. 43.3
b. Taxes The Consultant and its Sub-consultants and Experts are
responsible for meeting all tax liabilities arising out of the Contract.
Information on taxes in the Client’s country is provided in the Data
Sheet.
c. Currency of Bid The Consultant may express the price for its Services in Indian Rupees
only.
d. Currency of Payment under the Contract shall be made in Indian Rupees
Payment only.
C. Submission, Opening and Evaluation
15. Submission of Bids 15.1 The Consultant shall submit a signed and complete Bid
comprising the documents and forms in accordance with ITC 10
(Documents Comprising Bid) in portal. Consultants shall mark as
“CONFIDENTIAL” information in their Bids which is confidential to
their business. This may include proprietary information, trade
secrets or commercial or financially sensitive information. The
submission shall be done by electronically in portal
https://mahatenders.gov.in/
15.2 An authorized representative of the Consultant shall sign the
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ISLAND CITY
original submission letters in the required format for both the
Technical Bid and the Financial Bid and shall initial all pages of
both. The authorization shall be in the form of a written power of
attorney attached to the Technical Bid.
15.2.1 A Bid submitted by a Joint Venture shall be signed by all
members so as to be legally binding on all members, or by an
authorized representative who has a written power of attorney
signed by each member’s authorized representative.
15.3 The Bid must be submitted and received by the Client no later
than the deadline indicated in the Data Sheet, or any extension to
this deadline. Any Bid received by the Client after the deadline shall
be declared late and rejected.
16. Confidentiality 16.1 From the time the Bids are opened to the time the Contract is
awarded, the Consultant should not contact the Client on any
matter related to its Technical and/or Financial Bid. Information
relating to the evaluation of Bids and award recommendations
shall not be disclosed to the Consultants who submitted the Bids or
to any other party not officially concerned with the process, until
the Notification of Intention to Award the Contract. Exceptions to
this ITC are where the Client notifies Consultants of the results of
the evaluation of the Technical Bids.
16.2 Any attempt by consultants or anyone on behalf of the Consultant
to influence improperly the Client in the evaluation of the Bids or
Contract award decisions may result in the rejection of its Bid.
16.3 Notwithstanding the above provisions, from the time of the Bids
opening to the time of Contract award publication, if a Consultant
wishes to contact the Client on any matter related to the selection
process, it shall do so only in writing.
17.Opening of The Technical Bids shall be opened through Mahatenders portal.
Technical Bids Theopening date, time and the address are stated in the Data Sheet.
18. Bid Evaluation 18.1 Subject to provision of ITC 14, the evaluators of the Technical
Bids shall have no access to the Financial Bids until the technical
evaluation is concluded.
18.2 The Consultant is not permitted to alter or modify its Bid in any
way after the Bid submission deadline. While evaluating the Bids,
the Client will conduct the evaluation solely on the basis of the
submitted Technical and Financial Bids.
19. Evaluation of The Client’s evaluation committee shall evaluate the Technical Bids as
Technical Bids per the evaluation criteria, sub-criteria, and point system specified in
the Data Sheet. Each responsive Bid will be given a technical score. A
Bid shall be rejected at this stage if it fails to achieve the minimum
technical score indicated in the Data Sheet.
20. Public Opening of 20.1 After the technical evaluation is completed, the Client shall notify
Financial Bids those Consultants whose Bids were considered nonresponsive to
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ISLAND CITY
the Tender and TOR or did not meet the minimum qualifying
technical score, advising them the following:
i. their Bid was not responsive to the Tender and TOR or did not
meet the minimum qualifying technical score.
ii. provide information relating to the Consultant’s overall
technical score, as well as scores obtained for each criterion and
sub-criterion.
iii. their Financial Bids will not be opened; and
iv. notify them of the date, time and location of the public opening
of the Financial Bids and invite them to attend.
20.2 The Client shall simultaneously notify in writing those
Consultants whose Bids were considered responsive to the Tender
and TOR, and that have achieved the minimum qualifying technical
score, advising them the following:
i. their Bid was responsive to the Tender and TOR and met
the minimum qualifying technical score;
ii. provide information relating to the Consultant’s overall
technical score, as well as scores obtained for each
criterion and sub-criterion.
iii. their Financial Bid will be opened at the public opening of
Financial Bids; and
iv. notify them of the date, time and location of the public
opening and invite them for the opening of the Financial
Bids.
20.3 The Consultant’s attendance at the opening of the Financial Bids
is optional and is at the Consultant’s choice.
20.4 The Financial Bids shall be opened through Mahatenders portal.
The notice of opening of Financial Bids may be published on the
Mahatenders portal and the names of the Consultants, and the
overall technical scores.
21. Correction of 21.1 Activities and items described in the Technical Bid but not priced
Errors in the Financial Bid, shall be assumed to be included in the prices of
other activities or items, and no corrections are made to the
Financial Bid.
21.2 The Client’s evaluation committee will (a) correct any
computational or arithmetical errors, and (b) adjust the prices if
they fail to reflect all inputs included for the respective activities or
items included in the Technical Bid. In case of discrepancy between
(i) a partial amount (subtotal) and the total amount, or (ii)
between the amount derived by multiplication of unit price with
quantity and the total price, or (iii) between words and figures, the
former will prevail. In case of discrepancy between the Technical
and Financial Bids in indicating quantities of input, the Technical
Bid prevails and the Client’s evaluation committee shall correct the
quantification indicated in the Financial Bid so as to make it
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ISLAND CITY
consistent with that indicated in the Technical Bid, apply the
relevant unit price included in the Financial Bid to the corrected
quantity, and correct the total Bid cost.
22. Taxes The Employer shall not reimburse any other taxes & duties, such as
customs, excise etc. levied by Govt. and /or any statutory body thereto,
on import / export of any documents, instruments, materials going into
the project and the bonafide personal effects of personnel visiting India
/ going abroad in connection with project.
23. Quality and Cost The total score is calculated by weighing the technical and financial
Based Selection scores and adding them as per the formula and instructions in the Data
Sheet. The Consultant with the Most Advantageous Bid that achieved
the highest combined technical and financial scores, such Consultant
will be issued with the Letter of Acceptance.
24. Signing of Contract 24.1 The Contract shall be signed prior to the expiration of the Bid
Validity Period or any extension thereof.
24.2 The Consultant is expected to commence the assignment on the
date and at the location specified in the Data Sheet.
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ISLAND CITY
DATA SHEET
ITC
A. General
Reference
1 (j) Electronic - Procurement System
The Client shall use the following electronic-procurement system to manage
this Request
The electronic-procurement for be used toBid
system shall (Tender)
manage the full part of
the Tender process.
1(K)  Bidders are allowed to submit bid in JV/ Consortium with 1 JV Partner
 JV of TWO Members is allowed. Minimum participation of one of the
member should be 26%.
 In the case of JV/Consortium, change in constitution or percentage
participation shall not be permitted at any stage after their
submission of tender otherwise the tender shall be treated as non-
responsive.
2.1 Name of the Client: Engineer-In-Chief (EIC)
Method of Selection: Quality and Cost Based Selection (QCBS) – 80:20

2.2 Financial Bid to be submitted together with Technical Bid:Yes
The name of the assignment is: “Project Management Consultant for

construction of underground road connectivity from Orange gate
Eastern Freeway to Coastal Road at Marine Drive at Mumbai Island city”
2.3 A pre-bid meeting will be held: Yes.
Date of pre-bid meeting: 29/08 /2023
Time: 16:00 hrs local time at New MMRDA Building. Request shall be sent to
[email protected]
Contact person: Mr. Shekhar Bhadane, Executive Engineer
2.4 The Client will provide the following inputs, project data, reports, etc. to
facilitate the preparation of the Bids:
 Detailed Project Report

 Feasibility Report
 Tender Documents of contractor
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ISLAND CITY
B. Preparation of Bids
11.1 Bids must remain valid for 180 days after the Bid submission deadline.
12.1 Clarifications may be requested no later than 21 days prior to the submission
deadline.
The contact information for requesting clarifications is:
Mr. Shekhar Bhadane, Executive Engineer.
E-mail:[email protected]
The Bid shall comprise the following:

13& 14
Technical Bid:
(1) Power of Attorney to sign the Bid
(2) TECH-1 Technical Bid Submission Form
(3) TECH-2 Consultant’s Organization and Experience
(4) TECH-3 Undertaking for not being blacklisted
(5) TECH-4 Financial data (financial standing)
(6) TECH-5 Evaluation of Technical Bids
(7) TECH-6 Description of Approach, Methodology and Work Plan for Performing the
Assignment
(8) TECH-7 Form of Bank Guarantee for Tender Security (EMD)
(9) TECH – 8 Curriculum Vitae (CV) for Proposed Key Staff
(10) TECH-9Team Composition, Task Assignments and Summary of CV information
(11) TECH-10 Expert Schedule
(12) TECH-11 Work Schedule
AND
Financial Bid:
FIN-1 Financial Bid Submission Form.
Page 19 of 130
APPOINTMENT OF PROJECT MANAGEMENT CONSULTANT FOR CONSTRUCTION OF UNDERGROUND R OAD CONNECTIVITY
FROM ORANGE GATE - EASTERN FREEWAY TO COASTAL ROAD AT MARINE DRI VE AT MUMBAI I SLAND CITY
14.b & The payments to consultants are subject to all applicable taxes (GST) as per tax laws of India.
22
Information on the Consultants tax obligation in the client’s country can be found at
https://www.incometaxindia.gov.in/pages/default.aspx
C. Submission, Opening and Evaluation
15.1 The Consultants shall submit their Bids electronically.

Bids shall be uploaded to Maharashtra Government Tender Portal, Mahatenders Portal in the
link given below.
https://mahatenders.gov.in/
In addition to the documents uploaded on the MMRDA’s E-Tender portal, the number of
printed copies to be submitted with the Application is: Four (4) copies (These copies shall be
15.3 The Bids must be submitted no later than:
Date: 18/09/2023
17 The online opening of the Bids can be viewedhttps://mahatenders.gov.in/
Date: 20/09 /2023
Time: 12:00 hrs local time
19. Evaluation of Technical Bids shall be as follows:
Technical Proposal & eligibility criteria
19.1 The tender submission of bidders who do not qualify the minimum eligibility
criteria, financial standing criteria stipulated above, shall not be considered for
further evaluation and therefore rejected. The mere fact that the bidder is qualified
as mentioned in clause above shall not imply that his bid shall automatically be
accepted. The same should contain all technical data as required for consideration
of tender prescribed in the ITT.
19.2 To enable the evaluation committee to do the correct technical evaluation, the bidder
should give full details with particular reference to the following:
Minimum Eligibility Criteria: -
I. The consulting firm/ firms should have been registered (Registrar of Firm/
firms/Company of Consulting Engineers /Govt. /Govt. Undertaking) under same name
& style for at least 7years in India (Authorized change in name & style shall be
considered).
II. The Consultancy firm/ firms possessing the capability to deliver the assignment & in
Page 20 of 130
existence for at least 7 years (Authorized change in name & style shall be considered).
The eligible Consultancy firm/ firms(s) are using credentials of Parent/ Group
companies, in such cases, its Parent/Group shall submit “Parent Company Guarantee”
And the Parent/Group and Indian counterpart shall give an affidavit stating that there
is no debarring or blacklisting at present anywhere in India.
 The consultant who qualifies on the basis of the credential of the parent company should
deploy minimum 2 Key personals who are permanent staff of their Organization
A. Work Experience: The bidder (firm/JV) will be qualified only if they have
completed GC/PMC/AE assignment for a Road tunnel / Rail Tunnel / Metro Tunnel
project with having minimum dia 9 m with TBM during last SEVEN years as on date
of submission fo bid with minimum lengths as below-
i) 4.6 Km in a single stretch ONE project

OR
ii) 2.8 Km in a single stretch each in TWO projects
OR
iii) 2.3 Km each in a single stretch THREE projects
Notes: -
 Indian Bidders may utilize the financial and technical credentials of their parent/
holding company having >90% share in the subsidiary company. This will be subject to
submission of an undertaking by the parent company.
 The bidder shall submit details of works executed by them for the works to be
considered for qualification of work experience criteria. Documentary proof such as
completion certificates from client clearly indicating the nature/scope of work, actual
completion cost and actual date of completion for such work should be submitted. All
such documents of proof certificates should be apostilled from the country in which it
was certified, or work done. The offers submitted without this documentary proof shall
not be evaluated. If the original Certificatesis in a language other than in English, the
same may be translated into English and notarized/attested by the Notary Public in the
country of registration and cross verified/attested by the Indian Embassy/Consulate in
the home country. However, the bidders from countries that have signed the Hague
Legislation Convention 1961 are not required to be legalized by the Indian Embassy if
it carriers a conforming Apostille certificate. The experience of a firm for a private
concessionaire/contractor shall not be considered.
III. Financial Standing: The bidders will be qualified only if they have minimum
financial capabilities as below.
i) T1 - Profitability: Profit before tax should be positive in at least three (3) years,
out of last Five audited financial years.
ii) T2 - Annual Turnover: The average annual turnover from consultancy of last
five financial years should be >INR 100 Crore, certified by statutory auditor.
Page 21 of 130
Notes: -
Joint venture
Sr. Single Jointly by
Bidders Capabilities Individual
No. Entity both
Member
Members
Financial Capabilities
Turnover-
Average annual turnover of Lead Member
Must Meet
1a consultancy firm/ firms shall be Rs. must meet the
requirement
100 Crores in the last five (5) requirement
financial years.
Profitability-
Profit after Tax should be Positive for
Each JV
“Any Three Years” out of last five Must Meet
1b Partner Must
consecutive financial years. The profit requirement
Meet
shall not be negative for last two
consecutive financial years.
MINIMUM ELIGIBILITY TECHNICAL CRITERIA
A. Work Experience: The bidder
(firm/JV) will be qualified only if they
have completed GC/PMC/AE
assignment for a Road tunnel / Rail
Tunnel / Metro Tunnel project with
having minimum dia 9 m with TBM
during last SEVEN years as on date of
submission of bid with minimum Jointly Must
Must Meet
2 lengths as below Meet
requirement
i) 4.6 Km in a single stretch ONE requirement
project
OR
ii) 2.8 Km in a single stretch each
in TWO projects
OR
iii) 2.3 Km each in a single stretch
THREE projects
All the members are registered in India and any 1 member should be registered in India for at
least 7 years.
i. The Consultancy firm/ firms as a single entity or as the Lead partner or JV member must
not have been blacklisted or debarred or suspended or terminated (either as single
entity or as partner of JV) by any Govt. /Semi govt. Authority, Funding Agencies like
World Bank/ADB/ JICA etc. at the time of submission. The consultancy firm/ firms are
not allowed to use the project reference of any entity which has been debarred or
blacklisted. The Key Staff for the assignment will be evaluated with respect to CVs for
all positions mentioned below. Bidders may take note that while giving details in the
Page 22 of 130
relevant forms, the CV’s to be submitted must qualify threshold requirement of
MMRDA below. Incase CV’s submitted do not meet to the MMRDA requirement,
evaluation committee shall either ignore the CV or assign reduced marks for those CV’s.
During execution of contract, prior approval of MMRDA will be required for the names
of key experts proposed to be deployed and their actual deployment period/schedule.
ii. Consultants who were involved in preparation of DPR and bid document of consultant
are not eligible to participate.
Table A: Overall Marking Criteria:
Item Description Maximum Marks

Technical evaluation including firm capabilities
1 Financial capabilities (as per Table B below) 5
2 Technical capabilities (as per Table B below) 30
3 Approach and Methodology 15
Qualification and Experience of the Key / Non-Key Persons (as per
3 40
table C below)
4 Permanent staff marks 10
Total: - 100
Table B: Financial capabilities and technical capabilities
Maximum
Sr. No. Bidders Capabilities Parameter Criteria Marks
Marks
Financial Capabilities
Above Rs. 200
Average annual turnover of crores 5
Minimum Rs.100
1 consultancy firm in the last 5
five(5) financial years. Rs.100- 200 crores
3
crores
Technical Capabilities
A) For underground road/metro/railway tunnelling component
2 with ≥9m dia (execution completed/ substantially completed
(more than 80%)) and having completed minimum length of
i) 4.6 Km in a single stretch ONE project OR 30
ii) 2.8 Km in a single stretch each in TWO projects OR 27 30
iii) 2.3 Km each in a single stretch THREE projects 25
Page 23 of 130
Maximum
Sr. No. Bidders Capabilities Parameter Criteria Marks
Marks
3 SIX Person on Permanent Pay Roll 10
10
Less Than SIX Person on Permanent Pay Roll 5
Page 24 of 130
Table C: Qualification and Experience of Key / Non Key Persons
Sr No. Personnel Nos Marks

Key
1 Project Director 1 5
2 Deputy Project Director 1 3
3 Chief Contract Expert 2 4
4 Chief Tunnel Expert 1 2
5 Chief Designer 1 2
6 Transportation Expert 1 2
7 Chief Electrical Engineer 1 2
8 Sr. Structural Engineer 2 2
9 Environmental Expert 1 2
10 TBM Expert 1 2
Non Key
11 Health and Safety Expert 3 3
12 Tunnel Construction Engineer 2 2
13 Chief Tunnel Ventilation Expert 1 2
14 Chief Geotechnical Expert 1 2
15 Resident Engineer 4 2
16 ITS Specialist 1 1
17 Fire Safety Engineer 1 1
18 MEP Engineer 1 1
Total 40
The consultants should not give the CV’s of the Key personals only for qualifying for the said job.
The professionals shall be available during execution of the work.
Hon MC/ Addl MC can remove any of the Key Personals without notice.
Detailed CVs as per TECH-5 need to be submitted only for personnel listed in above “Table C:
Qualification and Experience of Key / Non-KeyPersons”
Criteria for marking professional staff

Sr. No Description Percentage
1 Academic qualifications 20
2 Experience: Level & duration of experience 60
3 Specific Experience 20
Page 25 of 130
1. For Sr No.1 above, the proposed project director of the Bidder shall present the approach and
methodology detailing the technical aspects, environmental aspects and quality assurance &
control plans on the date and time specified by MMRDA to the tender evaluation committee.
TABLE:Key & non-Key Personnel, Qualification
Sr Key Educational Experience in Contract Total

Nos DLP
. Personnel Qualification Assignments Period Months
54 24 78
· Total 25 years of
professional experience
· 20 years’ experience for
Highway Road/ Railway
Development Projects
with TBM
· Minimum 15 years of
experience in similar
capacity
Should have Experience of
at least 3 similar Projects of
Project Graduate in Civil
1 project cost not less than 1 54 6 60
Director Engineering
INR 5000 Crores.
Out of 3 projects
a) experience of atleast one
project should be in road
construction with TBM
b) experience of atleast one
project should be in road/
Railway/ Metro
construction with TBM with
length of 2.5 Km in Single
Project.
· Total 20 years of
· 15 years’ experience
forHighway road/
Railway Development
Projects with TBM
Deputy
Graduate in Civil experience in similar
2 Project 1 54 12 66
Engineering capacity
Director
Should have Experience of
at least 3 similar Projects of
project cost not less than
INR 3000 Crores.
Out of 3 projects
a) experience of atleast one
project should be in road
Page 26 of 130
Nos DLP
54 24 78
construction with TBM
15 years of professional
experience
Should have done 2 Bid
Process Management/
Chief Graduate Degree Procurement for a project
3 Contract in Engineering size not less than INR 1000 2 54 12 66
Expert with degree in law. Crores
5 years of Experience on
projects based on FIDIC
Yellow/Silver/Gold books
is necessary.
Total 20 years of
Should have been Tunnel
Engineer for Highway
road/ Metro/ Railway
projects for at least 15
years
Chief
Post Graduate in · Minimum 10 years of
4 Tunnel 1 54 6 60
Civil Engineering experience in similar
Expert
capacity
Should have experience of
at least 2 Highway road/
Metro/ Railway Projects
of tunnel length not less
than 2.5 km in a single
project.
Total 20 years of
Should have worked as a
TBM Expert for Highway
projects for at least 15
TBM Post Graduate in
5 years 1 54 6 60
Expert Civil Engineering
capacity
Railway Projects of Dia
Page 27 of 130
Nos DLP
54 24 78
Minimum 9 Meter and
tunnel length not less than
2.5 km in a single project.
Total 15 years of
Chief Graduate in civil 10 years’ experience in
6 1 54 3 57
Designer Engineering Highway road/ Metro/
Railway tunnel
Development Projects.
experience
Minimum of 5 years in
Post graduate in
Transporta Highway Designing
7 Highway 1 54 3 57
tion Expert works/Execution of
Engineering
major Road Tunnel.
at least 2 road Tunnel.
Total 15 years of
Chief Graduate in
10 years’ experience in
8 Electrical Electrical 1 54 3 57
Bridge/ Highway road/
Engineer Engineering
Metro/ Railway tunnel
Development Projects.
·Total 15 years of
·10 years experiencefor
Sr. Post Graduate in Highway road/ Metro/
9 Structural Civil/ Structural Railway Development 2 54 3 57
Engineer Engineering tunnel Projects.
capacity
experience.
Minimum of 5 years as
Environmental Engineer in
Post Graduate in
1 Environme Highway road/ Metro/
Environmental 1 54 3 57
0 ntal Expert Railway tunnel projects
Science
Assessment studies for at
least 2 Major Highway
tunnel Projects
12
NON KEY PERSONNEL
1 Health, Post Graduate in 15 years of professional 3 54 6 60
Page 28 of 130
Nos DLP
54 24 78
0 Safety & Safety Engineering experience
Security 10 years in safety &
Specialist security of similar kind
(2 nos) projects in Highway road/
Metro/ Railway Tunnel
projects
capacity
at least 2Highway road/
Projects
experience.
Minimum construction
supervision experience of 5
years in Highway road/
Tunnel
1 Constructi Degree in Civil
Construction Projects. 2 54 0 54
1 on Engineering
Engineer
Projects of tunnel length
not less than 2.5 km in a
single project.
experience.
Degree / Post 7 years of relevant
Chief
Graduate in experience in Ventilation
1 Tunnel
Mechanical and MEP Engineer 1 54 6 60
2 Ventilation
/Electrical Experience at least 2 Major
Expert
Engineering Highway road/ Metro/
Railway tunnel projects of
length 2.5 Km
Total 15 years of
10 years’ experience in
Bridge/ Highway road/
Chief Post Graduate in
1 Metro/ Railway
Geotechnic Geotechnical 1 54 0 54
3 Development tunnel
al Expert Engineering
Projects.
at least 2Highway road/
Metro/ Railway Projects.
Page 29 of 130
Nos DLP
54 24 78
Total 15 years of
Should have been Resident
Engineer forHighway
Tunnel Projects for at
1 Resident Graduate in Civil least 10 years
4 54 3 57
4 Engineer Engineering · Minimum 10 years of
capacity
One RE (civil) should have
experience of at least
2Highway road/ Metro/
Railway Tunnel Projects
experience.
Minimum of 10 years
relevant experience in Road
Tunnel projects involving
Degree / Post
Lighting systems and
1 ITS Graduate in
Emergency Response 1 54 3 57
5 Specialist Electrical
systems for Transport
Engineering
Tunnel Projects
Experience at least ONE
Major Highway road/
projects of length 2.5 km
experience.
Minimum experience of 5
Degree in
years as Fire and safety
Engineering with
Engineer in Highway
1 Fire Safety Post Graduate
road/ Metro/ Railway 1 54 3 57
6 Engineer Degree/diploma/c
Tunnel Projects
ertification in Fire
and safety
Projects .
Total 15 years of
Graduate in Mech/ Should have been Resident
1 MEP
Electrical Engineer for projects for at 1 30 3 33
7 Engineer
Engineering least 10 years
Page 30 of 130
Nos DLP
54 24 78
Projects .
• Total work experience of
10 years
Bachelor Degree in
1 Billing • Minimum 5 years of
Civil Engineering/ 2 54 6 60
8 Engineer experience in Project Bill
Diploma in Civil
Verification, Cost
Management and Reporting
Site Minimum experience of 5
Degree/ Diploma
1 Supervisor years as Site Supervisor in
in Civil 24 54 3 57
9 Civil (12 Highway road/ Metro/
Engineering
nos) Railway Projects.
Site Degree/ Diploma
Supervisor in Electrical/
2 years as Site Supervisor in
MEP/Elect Mechanical or 4 30 3 33
0 Highway road/ Metro/
rical (4 equivalent
Railway Projects.
nos) Engineering
CAD Minimum 5 years of
2 Certification
in working experience
operator 4 54 3 57
1 CAD
(2 nos) as CAD operator.
experience.
2 Quality Degree in Civil
years as Quality Assurance 2 54 3 57
2 Assurance Engineering
Engineer in Highway
Projects.
experience.
Minimum of 10 years
relevant experience in Road
Sr.
Degree / Post projects involving Lighting
Electrical
2 Graduate in systems and Emergency
& Tunnel 1 54 6 60
3 Electrical Response systems for
Testing
Engineering Transport Tunnel Projects
Engineer
Experience at least ONE
Major Highway road/
projects of length 3 km
Planning experience
2 Engineer / Graduate Degree Should have done 2 Bid
2 54 3 57
4 Document in Engineering Process
Controller Management/Procurement
for a project size not less
Page 31 of 130
Nos DLP
54 24 78
than INR 800 Crores
5 years of Experience on
projects based on FIDIC
Yellow/Silver books is
necessary.
experience.
Quantity Minimum experience of 5
2 Degree in Civil
Assurance years as Quality Assurance 2 54 3 57
5 Engineering
Engineer Engineer in Highway
Projects.
Note:
1. All technical inputs and support will be provided by the consultant.
2. It is mandatory to give date of birth & nationality of each personnel.
3. For equivalent degrees other than B.E./B.Tech., it will be the responsibility of the Consultant to
confirm/ firms that the said degree is equivalent to the required professional qualification by
way of undertaking of the individual person. The right to accept the same is reserved by EIC/ CE.
4. Detailed CVs as per TECH-5 need to be submitted only for personnel listed in Cl. 23 Evaluation of
Bid “ Table C: Qualification and Experience of Key / Non Key Persons”
5. The consultant should provide at least minimum of the above indicative man-month in their
technical and financial proposal. If consultant has provided man-months lesser than the above
indicative man-months, the proposal will be rejected at any stage of evaluation. However, the
consultant may provide additional man-months if needed.
6. Age of Key Personnel shall not exceed 65 years at the time of submission of Bid.
7. Age of all site personnel shall not be more than 60 years during the construction period. The age
limit can be relaxed may be relaxed only with the approval of the competent authority.
8. At least Six (6) key out of 10 Key Staff personnel shall be on permanent pay-roll
9. If the consultant qualifies on the basis of the parent company then the parent company should
deploy minimum 2 key persons of their permanent employees with desired qualification and
experience.
SECTION 3. TECHNICAL BID
{Notes to Consultant shown in brackets {} throughout Section 3 provide guidance to the Consultant to
prepare the Technical Bid; they should not appear on the Bids to be submitted.}
CHECKLIST OF REQUIRED FORMS
FORM DESCRIPTION
TECH-1 Technical Bid Submission Form.
Page 32 of 130
TECH-1 If the Bid is submitted by a joint venture, attach a letter of intent or a copy of an
Attachment existing agreement.
Power of No pre-set format/form. In the case of a Joint Venture, several are required: a
Attorney power of attorney for the authorized representative of each JV member, and a
power of attorney for the representative of the lead member to represent all JV
TECH-2 Consultant’s Organization and Experience.
TECH-2A A. Consultant’s Organization
TECH-2B B. Consultant’s Experience
TECH-3 Undertaking for not being blacklisted
TECH-4 Financial data (financial standing)
TECH-5 Evaluation of Technical Bids
TECH-6 Description of Approach, Methodology and Work Plan for performing the
TECH-7 assignment
Form of Bank Guarantee for Tender Security (EMD)
TECH-8 Format of CV for proposed Key professionals
TECH-9 Team Composition, Task Assignments and Summary of CV information
TECH-10 Expert Schedule
TECH-11 Work Schedule
All pages of the original Technical and Financial Bid shall be initialed by the same authorized
representative of the Consultant who signs the Bid.
Page 33 of 130
APPOINTMENT OF PROJECT MANAGEMENT CONSULTANT FOR CONSTRUCTION OF UNDERGROUND R OAD
ISLAND CITY
FORM TECH-1
TECHNICAL BID SUBMISSION FORM
{Location, Date}
To: [Name and address of Client]
Dear Sirs:
We, the undersigned, offer to provide the consulting services for [Insert title of
assignment] in accordance with your Tender dated [Insert Date] and our Bid. “We are hereby
submitting our Bid, which includes this Technical Bid and Financial Bid uploaded as separate
bids in E-procurement portal”.
{If the Consultant is a joint venture, insert the following: We are submitting our Bid in a
joint venture consisting of: {Insert a list with full name and the legal address of each member,
and indicate the lead member}. We have attached a copy {insert: “of our letter of intent to form a
joint venture” or, if a PV is already formed, “of the PV agreement”} signed by every participating
member, which details the likely legal structure of and the confirmation of joint and severable
liability of the members of the said joint venture.
{OR
If the Consultant’s Bid includes Sub-consultants, insert the following: We are submitting
our Bid with the following firms as Sub-consultants: {Insert a list with full name and address of
each Sub-consultant.}
We hereby declare that:
(a) All the information and statements made in this Bid are true and we accept that
any misinterpretation or misrepresentation contained in this Bid may lead to our
disqualification by the Client.
(b) Our Bid shall be valid and remain binding upon us for the period of time specified
in the Data Sheet, ITC.
(c) We have no conflict of interest in accordance with ITC 3.
d) We meet the eligibility requirements as stated in ITC 6, and we confirm our

understanding of our obligation to abide by the Prohibited Practices as per ITC 5.
Page 34 of 130
ISLAND CITY
(e) We, along with any of our sub-consultants, subcontractors, suppliers, or service
providers for any part of the contract, are not subject to, and not controlled by
any entity or individual that is subject to, a temporary suspension or a debarment
imposed. Further, we are not ineligible under the Client’s country laws or official
regulations or pursuant to a decision of the United Nations Security Council.
1. In competing for (and, if the award is made to us, in executing) the Contract, we
undertake to observe the laws against fraud and corruption, including bribery, in
force in the country of the Client.]
2. We accept that the substitution of Key Experts for reasons other than those
stated in ITC may lead to the termination of Contract negotiations.
3. Our Bid is binding upon us and subject to any modifications resulting from the
Contract negotiations.
We undertake, if our Bid is accepted and the Contract is signed, to initiate the Services related to
the assignment no later than the date indicated in ITC of the Data Sheet.
We understand that the Client is not bound to accept any Bid that the Client receives.
We remain,
Yours sincerely,
Signature (of Consultant’s authorized representative) {In full and initials}:
Full name: {insert full name of authorized representative}

Title: {insert title/position of authorized representative}
Name of Consultant (company’s name or JV’s name):
Capacity: {insert the person’s capacity to sign for the Consultant}
Address: {insert the authorized representative’s address}
Phone/fax: {insert the authorized representative’s phone and fax number, if applicable}
Email: {insert the authorized representative’s email address}
{For a joint venture, either all members shall sign or only the lead member, in which case
the power of attorney to sign on behalf of all members shall be attached}
Page 35 of 130
APPOINTMENT OF PR OJECT MANAGEMENT CONSULTANT FOR CONSTRUCTION OF UNDERGROUND ROAD
CONNECTIVITY FROM ORANG E GATE - EASTERN FREEWAY TO COASTAL RO AD AT MARINE DRIVE AT MUMB AI
ISLAND CITY
FORM TECH-2
CONSULTANT’S ORGANIZATION AND EXPERIENCE
Form TECH-2: a brief description of the Consultant’s organization and an outline of last 7 years’
experience of the Consultant that is most relevant to the assignment. In the case of a joint
venture, information on similar assignments shall be provided for each partner. For each
assignment, the outline should indicate the names of the Consultant’s Key Experts and Sub-
consultants who participated, the duration of the assignment, the contract amount (total and, if
it was done in a form of a joint venture or a sub-consultancy, the amount paid to the Consultant),
and the Consultant’s role/involvement.
A - Consultant’s Organization
1. Provide here a brief description of the background and organization of your company, and –
in case of a joint venture – of each member for this assignment.
2. Include organizational chart and list of Board of Directors.
B - Consultant’s Experience
1. List only previous similar assignments successfully completed in the last 7years.
2. List only those assignments for which the Consultant was legally contracted by a client as a
company or was one of the joint venture members. Assignments completed by the
Consultant’s individual experts working privately or through other consulting firms cannot
be claimed as the relevant experience of the Consultant, or that of the Consultant’s partners
or sub-consultants, but can be claimed by the Experts themselves in their CVs. The Consultant
should be prepared to substantiate the claimed experience by presenting copies of relevant
documents and references if so requested by the Client.
Duration Assignment name/& Name of Client Approx. Contract Value Role on the
brief description of main & Country of (in INR equivalent)/ Assignment
deliverables/outputs Assignment Amount paid to your
firm
(e.g., (e.g., “Improvement (e.g., Ministry (e.g., INR 10 cr} (e.g., Lead
Jan.2009– quality of ................ ”: of , partner in
Apr.2010} designed master plan for country} a JV
rationalization of ..... ;} A&B&C}
(e.g., Jan- (e.g., “Support to sub- (e.g., (e.g., INR 10 cr} (e.g., sole
May national government ”: municipality Consultant}
2008} drafted secondary level of ......... ,
regulations on........... } country}
Page 36 of 130
APPOINTMENT OF PROJECT MANAGEMENT CONSU LTANT FOR CONSTRU CTION OF UNDERGROUND R OAD
ISLAND CITY
FORM TECH-3
UNDERTAKING FOR NOT BEING BLACKLISTED
We do hereby undertake that we have not been banned/ blacklisted or deregistered by MMRDA,
or Maharashtra State Govt. during last 03 years, and/ or our contracts have not been terminated
by MMRDA, or Maharashtra State Govt. during last 03 years and that currently no ban is not
effective as on date of submission of bid.
We hereby, furnishing the record of Blacklisting, Banning, non-performance, rescindment by the

client after award of contract, deregistration, prolonged suspension including cases were we
have failed to take possession or to commence any contract after the Award of contract (for last
10 years):
S. Organization/ Fill Category: Duration Current Attach proof

No work involved (Blacklisting/ Banning/ status including notices,
non-performance/ documents, and
abandonment/ orders etc. to
deregistration/ substantiate facts.
prolonged suspension)
We declare that the above shall have no impact of affecting or compromising the delivery of the
services as required under this contract.
STAMP & SIGNATURE OF AUTHORIZED SIGNATORY
NOTE:
1 In case of JV/Consortium, the undertaking shall be submitted by each member of the

JV/Consortium.
2 The undertaking shall be signed by authorized signatory of the Bidder or constituent

member in case of JV/Consortium.
Page 37 of 130
CONNECTIVI TY FROM ORANGE GATE - EASTERN FREEWAY TO COASTA L RO AD AT MARINE DRIVE AT MUMB AI
ISLAND CI TY
FORM TECH-4
FINANCIAL DATA
(FINANCIAL STANDING)
NAME OF THE BIDDER (CONSTITUENT MEMBER IN CASE OF

JV/CONSORTIUM):
(All Amounts in Rupees in Crores)
Year Year Year Year Year

S.No. Description 2018-19 2019-20 2020-21 2021-22 2022-23
1. Total Assets
2. Current Assets
3. Total Liabilities
4. Current Liabilities
5. Net Profit
6. Profits After Taxes
Net Worth
7.
[= 1 -3]
8. Working Capital
[=2 -4]
9. Annual Turnover
10. Average Annual Turnover
Total value of Consultancy
11. work done as per audited
financial statements
NOTE:
1) Separate Performa shall be used for each member in case of JV/Consortium.
2) Attach copies of the audited balance sheets, including all related notes, income statements for
the last five audited financial years, as indicated above.
3) All such documents reflect the financial data of the Bidder or member in case of
JV/Consortium, and not that of sister or parent company.
4) The financial data in above prescribed format shall be certified by Chartered Accountant
under his signature & stamp.
Page 38 of 130
CONNECTIVITY FROM O RANGE GATE - EASTERN FREEWAY TO COASTA L RO AD AT MARINE DRIVE AT MUMB AI
ISLAND CI TY
FORM TECH-5
EVALUATION OF TECHNICAL BIDS
(IN ACCORDANCE WITH CLAUSE 19 OF BID DATA SHEET)
Page 39 of 130
APPOINTMENT OF PROJECT MANAGEMENT CONSU LTANT FOR CO NSTRUCTION OF UNDERGROUND ROAD
CONNECTIVITY FROM ORANGE GATE - EASTERN FREEWAY TO COASTA L ROAD AT MARINE DRIVE AT MUMB AI
ISLAND CI TY
FORM TECH-6
Description of Approach, Methodology and Work Plan for performing the assignment
[Technical approach, methodology and work plan are key components of the Technical Proposal.
You are suggested to present your Technical Proposal (about50 pages, inclusive of charts and
diagrams) divided into the following three chapters:
a) Technical Approach and Methodology,
b) Work Plan, and
c) Organization and Staffing,
a) Technical Approach and Methodology. In this chapter you should explain your understanding
of the objectives of the assignment, approach to the services, methodology for carrying out the
activities and obtaining the expected output, and the degree of detail of such output. You should
highlight the problems being addressed and their importance, and explain the technical approach
you would adopt to address them. You should also explain the methodologies you propose to adopt
and highlight the compatibility of those methodologies with the proposed approach. Staffing for
training should also be explained, if so required in the TOR. Please do not repeat/copy the TOR in
here.
b) Work Plan. In this chapter you should propose the main activities of the assignment, their
content and duration, phasing and interrelations, milestones (including interim approvals by the
Client), and delivery dates of the reports. The proposed work plan should be consistent with the
technical approach and methodology, showing understanding of the TOR and ability to translate
them into a feasible working plan. A list of the final documents, including reports, drawings, and
tables to be delivered as final output, should be included here. The work plan should be consistent
with the Work Schedule of Form TECH-10.
c) Organization and Staffing. In this chapter you should propose the structure and composition of
your team. You should list the main disciplines of the assignment, the Key Professionals and Non-Key
Professionals, and proposed technical and administrative support staff. You shall also specify if you
will be the lead firm in a joint venture or in an association with Sub-consultants. For joint ventures,
you must attach a copy of the joint venture agreement or a letter of intention to form a Joint
Venture, as specified in Form TECH-11.]
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ISLAND CI TY
FORM TECH-7
FORM OF BANK GUARANTEE FOR TENDER SECURITY (EMD)
(To be stamped in accordance with Stamp Act, if any, of the country of issuing bank)
1. KNOW ALL MEN by these presents that we ............................................................................... . (Name of

Bank) having our registered office at .............................................. (Name of country) (hereinafter
called “the Bank”) are bound unto Mumbai Metropolitan Region Development Authority
(hereinafter called “the
Employer”) in the sum of `. .......................... for which payment will and truly to be made to the
said Employer, the Bank binds itself, its successors and assigns by these presents.
2. WHEREAS ............................................... (Name of Consultant) (hereinafter called “the Consultant”)

has submitted its tender dated _________ for..................... . (Name of the work as per clause 1.1of
NIT) hereinafter called the Tender.
AND WHEREAS the Consultant is required to furnish a Bank Guarantee for the sum of
.......................................... as Tender Security against the Consultant’s offer as aforesaid.
AND WHEREAS.................................Name of Bank) have, at the request of the Consultant,

agreed to give this guarantee as hereinafter contained.
3. We further agree as follows:
(a) That the Employer may without affecting this guarantee grant time or other indulgence to or
negotiate further with the Consultant in regard to the conditions contained in the said tender and
thereby modify these conditions or add thereto any further conditions as may be mutually
agreed upon between the Employer and the Consultant.
(b) That the guarantee hereinbefore contained shall not be affected by any change in the
constitution of our Bank or in the constitution of the Consultant.
(c) That any account settled between the Employer and the Consultant shall not affect our
liability under this guarantee.
(d) That this Guarantee commences from the date hereof and shall remain in force till
.............................................. (date to be filled up) (up to 208 days after the due date of tender
submission).
(e) That the expression ‘the Consultant and ‘the Bank’ herein used shall, unless such an
interpretation is repugnant to the subject or context, include their respective
successors and assigns.
4. THE CONDITIONS OF THIS OBLIGATION ARE:
(a) if the Consultant withdraws his Tender during the period of Tender validity specified in
the Notice Inviting Tender, or
i. if the Consultant having been notified of the acceptance of his tender by the
Employer during the period of tender validity :
fails or refuses to furnish the Performance Security in accordance with Clause 31
(Performance Guarantee) of the GCC “General Conditions of contract” and/or
Page 41 of 130
APPOINTMENT OF PR OJECT MANAGEMENT CONSULTANT FOR CONSTRUCTION OF UNDERGROUND ROAD
CONNECTIVITY FROM ORANGE GATE - EASTERN FREEWAY TO COASTAL RO AD AT MARINE DRIVE AT MUMB AI
ISLAND CITY
iii. fails or refuses to enter into a Contract within the time limit specified in Clause 17
(Award of Contract and Signing of Agreement) of the ITB (“Instructions to
Bidders”).
“We (Name and Address of Bank) undertake to pay to the Employer without demur up to
the above amount upon receipt of his first written demand, without the Employer having
to substantiate his demand provided that in his demand the Employer will note that the
amount claimed by him is due to him owing to the occurrence of any one or more of the
conditions mentioned above, specifying the occurred condition or conditions”
5. Notwithstanding anything contained herein above;
(i) Our liability under this guarantee shall not exceed INR < amount in
Figures> (Indian Rupees <amount in words>
(ii) This bank guarantee shall valid up to and including <date> and
(iii) We are liable to pay the guaranteed amount or part thereof under this
bank guarantee only and only if you serve upon us a written claim or
demand on or before the expiry of the guarantee i.e<date>
Signature of Authorized Official of the Bank
Signature of WitnessName of Official

Name:
Designation
Address:
Stamp/Seal
Page 42 of 130
ISLAND CI TY
FORM TECH-8
Curriculum Vitae (CV) for Proposed Key Staff
S. No Details Response
1. Proposed Position
2. Name of Firm
3. Name of Staff [Insert full name]
4. Years with the firm
5. Present Position in the firm
6. Date of Birth
7. Nationality
8. Education [Indicate college/university and
other specialized education of staff member,
giving names of institutions, degrees obtained,
and dates of obtainment]
9. Language Proficiency (Read/Write/Speak) -
(Excellent/Good/Fair)
10. Number of years of experience
11. Employment Record From [Year]:______ To [Year]: ________
[Starting with present position, list in reverse Employer:
order every employment held by staff member Positions held:
since graduation, giving for each employment
as per format provided]
15 Detailed Tasks Assigned Name of assignment or project:
Year:
Location:
[List all tasks to be performed under this Employer:
assignment] Main project features:
Positions held:
Activities performed:
16 Work Undertaken that Best Illustrates Name of assignment or project:
Capability to Handle the Tasks Assigned (Key Year:
Qualifications) Location:
Employer:
[Among the assignments in which the staff has Main project features:
been involved, indicate the following information Positions held:
for those assignments that best illustrate staff Activities performed:
capability to handle the tasks listed above)
Certification:
I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes
me, my qualifications, and my experience. I understand that any wilful misstatement described
herein may lead to my disqualification or dismissal, if engaged.
Date:
Page 43 of 130
ISLAND CI TY
[Signature of staff member] Day/Month/Year
Full name of staff:
Date:
[Signature of Authorized representative of the firm] Day/Month/Year
Full name of Authorized representative of the firm:
Note: CV of each individual should be signed by the respective staff member (in blue ink) along
with the date and endorsed by the Authorized representative of the firm.
Page 44 of 130
APPOINTMENT OF PROJECT MANAGEMENT CONSU LTANT FOR CONSTRU CTION OF UNDERGROUND R OAD CONNECTIVITY FRO M ORANGE GATE - EASTERN FREEWAY TO COAST AL
ROAD AT MARINE DRIVE AT MUMBAI ISLAND CITY
Family Firm Area of Position Task Key Nationality Employment Education / No. of years CV
Name, Acronym Expertise Assigned Assigned Expert Status with Degree (Year/ of signature
First or Non- Firm (fulltime, Institution) relevant (by
Name Key or other) project expert/by
Expert experience other)
FORM -TECH -9
Page 45 of 130
Page 46 of 130
FORM -TECH - 10
NameofExpert ProfessionalExpert input (in theformof a bar chart)2
N° /Position
/Category 1 2 3 4 5 6 7 8 9 10 11 12 n Total
Mr.XYZ
ex. Project
Director(Internati
onal)
1
Subtotal
1
Subtotal
Total
Page 47 of 130
FORM -TECH - 11
Months2
N° Activity1
1 2 3 4 5 6 7 8 9 10 11 12 n
1
2
3
4
5
1 Indicateallmainactivitiesoftheassignment,includingdeliveryofreports,andotherbenchmarkssuchasClientapprovals.Forphasedassignmentsindicate activities,
deliveryof reports, and benchmarks separately for each phase.
2 Duration of activities shall be indicated in the form of a bar chart.
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ISLAND CITY
SECTION 4. FINANCIAL BID
{Notes to Consultant shown in brackets { } provide guidance to the Consultant to prepare the
Financial Bids; they should not appear on the Financial Bids to be submitted.}
Financial Bid Standard Forms shall be used for the preparation of the Financial Bid according to the
instructions provided in Section 2.
FIN-1 Financial Bid Submission Form
Page 49 of 130
ISLAND CI TY
FORM FIN-1
FINANCIAL BID SUBMISSION FORM
{Location, Date}
To: [Name and address of Client]
Dear Sirs,
We, the undersigned, offer to provide the consulting services for [Insert title of assignment] in
accordance with your tender dated [Insert Date] and our Technical Bid. Our attached Financial
Proposal is for the sum of INR [insert amount(s) in words and figures ] excluding GST.
Our Financial Bid shall be valid and remain binding upon us, for the period of time specified in the
Data Sheet, ITC.
We understand you are not bound to accept any Bid you receive.
Yours sincerely,
Signature (of Consultant’s authorized representative) {In full and initials}: Full name:
{insert full name of authorized representative}
Title: {insert title/position of authorized representative}

Name of Consultant (company’s name or JV’s name):
Capacity: {insert the person’s capacity to sign for the Consultant}
Address: {insert the authorized representative’s address}
Phone/fax: {insert the authorized representative’s phone and fax number, if applicable}
Email: {insert the authorized representative’s email address} _________________
{For a joint venture, either all members shall sign or only the lead member/consultant, in which case
the power of attorney to sign on behalf of all members shall be attached}
Page 50 of 130
ISLAND CITY
SECTION 5. TERMS OF REFERENCE
Chapter 1. Background
1. The Government of Maharashtra has approved the Project Management Consultant for
construction of underground road connectivity from Orange gate Eastern Freeway to
Coastal Road at Marine Drive at Mumbai Island city (hereinafter referred to as “the
Project”) which is to meet growing traffic demand and eventually lead to balanced regional
development and improvement of metropolitan atmospheric environmental condition in
Mumbai Metropolitan Area. The project is proposed to be financed through funds available with
MMRDA or from borrowed funds. These three institutions are jointly referred as Funding agencies
in this TOR and their applicable policies would be applied for the project development activities.
2. The Project comprises of the following:

Project Structure
MMRDA has decided to improve the traffic situation by constructing a road tunnel from Orange
Gate towards Marine Drive under S.V. Patel Road connecting the coastal road tunnel at Marine
drive. MMRDA prepared the feasibility study report and detailed project report and hence at
this stage MMRDA is intended to appoint of a Project Management Consultant for construction
of underground road connectivity at Mumbai Island city from Eastern Freeway – Orange gate to
Coastal Road at Marine Drive.
Sr. Description Alignment length (tentative)
No. LHS (m) RHS (m)
a TBM Tunnel 6510 (Total)
2.7.7
4270 2240
b Cut & Cover 1670 (Total)
2.7.8
850 820
c Open Ramp 1059 (Total)
2.7.9
572 487
d Promenade extension 350 (can vary)
2.7.10
Total Length 9239 (Total)
2.7.11
5692 3547
1. The Construction Works is expected to be completed by June 2028.

2. Location of the Project: Mumbai Metropolitan Area.
3. Regulation and reports relevant to this project:
(i) Detailed Project Report
(ii) Geotechnical Investigation Report
(iii) Tender Documents
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ISLAND CITY
Chapter 2. Objectives of Consulting Services
The consulting services shall be provided by a consulting firm (hereinafter referred to as "the
Consultant"). The objective of the consulting services is to achieve the efficient and proper
preparation and implementation of the Project through the following works:
1. Document and Design Review:

A. Review of Deliverables of Preliminary Design of Civil Construction Contractors.
B, Scrutinize the feasibility of existing and redevelopment buildings/ structures along the
proposed alignment of project on technical ground considering safety aspects.
C. Review of Deliverables of Detailed Design of Civil Construction Contractors.
D. Review of preliminary design of System Contractors
E. Review of detailed design of System Contractors
F. Review of Survey reports
G. Review of Primary and secondary data
H. Review of any other data related to the project
2. Basic Design for system packages.
3. Deleted
4. Construction supervision:
A. Construction supervision of Civil & Systems packages (Civil, E&M etc) including
construction safety, installation, testing and commissioning
B. BIM planning, supervision and integration
C. Acting as Engineer on behalf of the Employer.
5. Project Management:
A. Facilitation of Implementation of Environmental Management Plan (EMP), Environmental
Monitoring Plan (EMoP), Gender Action Plan (GAP) and Resettlement Action Plan (RAP),
Livelihood Restoration Plan (LRP), Vulnerable Communities Plan (VCP) and Indigenous
Peoples Development Plan (IPDP) if applicable)
B. Knowledge Sharing
C. Program Schedule
D. Quality Assurance
6. Technical Assistance:
A. Assistance in Coordination with Stakeholders
B. Assist in Coordination with Statutory Agencies
C. Traffic Management Assistance
D. Utility Relocation Assistance
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ISLAND CITY
E. DLP management
F. Coordination between different funding agencies
G. O&M Assistance
H. Deleted
Page 53 of 130
ISLAND CITY
Chapter 3. Scope of Consulting Services
The overall scope of consulting services for the PMC under this contract is given in this chapter.
1. Document and Design Review:
A. Review of Deliverables of Preliminary Design and Detailed Design of Civil Construction

Contractor. PMC shall seek MMRDA’s concurrence for any observations on Civil Construction
Contractor documents.
B. Review of preliminary design of System/works Contractors
Review of preliminary design submitted by all Equipment/ System Contractors. PMC shall seek
MMRDA’s concurrence for any observations on Contractor’s documents. PMC shall coordinate
with all stake holders for obtaining NOC/permission based on design and construction
methodology proposed.
C. Review of detailed design of System Contractors
Review of Detailed design submitted by all System Contractors. PMC shall seek MMRDA’s
concurrence for any observations on System Contractors documents. PMC to review the various
safety cases like design safety case, operational safety case, etc., done by the contractors and
ensure that safety is not compromised.
D. Review of Survey reports
Carry out all the review and provide comments for engineering surveys, investigations and
studies such as topographical survey, hydrological survey, geotechnical survey, material
availability survey, update of traffic demand forecast, update of train operation plan, structure
plan, building condition survey etc., as applicable to the concerned project components.
4. Construction supervision
A. Construction supervision of Civil and System packages including construction safety
Perform the following services for each package, as appropriate:
(a) Act as the Engineer to execute construction supervision and contract administration services
in accordance with the power and authority to be delegated by the Employer;
(b) Provide assistance to the Employer concerning variations and claims which are to be
ordered/issued at the initiative of the Employer. Advise the Employer on resolution of any
dispute with the Contractor;
Page 54 of 130
ISLAND CITY
(c) Issue instructions, approvals and notices as appropriate;
(d) Provide recommendation to the Employer for acceptance of the Contractor’s performance
security, advance payment security and required insurances;
(e) Provide commencement order to the Contractor;
(f) Assess adequacy of all inputs such as materials, labour and equipment provided by the
Contractor;
(g) Check and approve the Contractor’s method of work, including site organization, program of
performance, quality assurance system, safety plan, method statements of safety, and
environmental monitoring plan so that the requirements set forth in the applicable laws and
regulations, the specifications or other parts of the contract are to be duly respected.
(h) Regularly monitor physical and financial progress, and take appropriate action to expedite
progress if necessary, so that the time for completion set forth in the contract will be duly
respected by the Contractor;
(i) Explain and/or adjust ambiguities and/or discrepancies in the Contract Documents and issue
any necessary clarifications or instructions. review of further drawings and give instructions
to the Contractor for any works which may not be sufficiently detailed in the contract
documents, if any;
(j) For all works- Review and approve the Construction Contractor’s working drawings, shop
drawings and drawings for temporary works. Also review and approve, if any, design
prepared by the Construction Contractor for any part of the permanent works;
(k) Monitor and report back to Client regarding the Liasoning of Contractors with the
appropriate authorities to ensure that all the affected utility services are promptly relocated;
(l) Carry out field inspections on the Contractor’s setting out of the works in relation to original
points, lines and levels of reference specified in the contract;
(m) Organize, as necessary, management meetings with the Contractor to review the
arrangements for future work. Prepare and deliver minutes of such meetings to the
Employer and the Contractor;
(n) Supervise the works so that all the contractual requirements are met by the Contractor,
including those in relation to i) quality of the works, ii) safety and iii) protection of the
environment. Confirm that an accident prevention officer proposed by the Contractor is duly
assigned at the project site. Require the Contractor to take appropriate remedies if any
questions are recognized regarding the safety measures;
(o) In case of fatality/major accident, it is the duty of PMC to conduct preliminary and followed
by detailed enquiry. Inform all stakeholders the reason of the incident and remedial steps to
be taken hence forth.
(p) Prepare the safety audit and inspection methodology and conduct safety audit monthly of all
contractors and ensure that same clause is incorporated in all tenders;
(q) Supervise field tests, sampling and laboratory test to be carried out by the Contractor;
Page 55 of 130
ISLAND CITY
(r) Inspect the construction method, equipment to be used, workmanship at the site, and attend
shop inspection and manufacturing tests in accordance with the specifications;
(s) Survey and measure the work output performed by the Contractor verify statements
submitted by the Contractor and issue payment certificates such as interim payment
certificates and final payment certificate as specified in the contract;
(t) System integration, managing interfaces and coordination of works among different
contractors/agencies employed for the Project;
(u) Review the designs, technical specifications and drawings, relevant calculations and
employer’s requirements as may be necessary in accordance with the actual site conditions,
and issue variation orders (including necessary actions in relation to the works performed
by other contractors working for the same or other projects, if any);
(v) Carry out timely reporting to the Employer for any inconsistency in executing the work sand
suggesting appropriate corrective measures to be applied;
(w) Inspect, verify and fairly determine claims issued by the parties to the contract (i.e. the
Employer and Contractor) in accordance with the civil works contract;
(x) Perform the inspection of the works, including Test on Completion, and to issue certificates
such as the Taking-Over Certificate, Performance Certificate as specified in the contract;
(y) Plan and supervise integrated testing, commissioning and carry out tests during the
commissioning, if applicable;
(z) Review, check and certify as-built drawings for the parts of the works constructed in
accordance with the design approved by the Employer.
(aa) Prepare & review & certify an operation and maintenance manual for the parts of the works
constructed in accordance with the design approved by the Employer. Ensure correctness of
the operation and maintenance manual for the parts of the works submitted by the
Contractors.
(bb) In case of accidents during the construction, incl. fatalities and major accidents, assist the
Employer to report to Funding Agencies the details of such accidents in a manner prescribed
by Funding Agencies and local authorities.
(cc) Preparation and Assist in submission of all types of reports to the MMRDA to various
departments in relation to the implementation of the Project.
(dd) Monitor the Contractor’s compliance with regard to the insurance, bond obligation as well as
the labor and tax laws.
(ee) Certify progress and endorse payment claims by the Contractors, in keeping with various
contracts
(ff) Supervise of Initial training conducted by the Contractor
(gg) PMC will ensure adherence, to the standards prescribed by MMRDA, by contractors with
regard to safety of works, safety of adjoining and overlying structures, safety of workmen
and safety of public during construction stage.
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The Consultant shall assist MMRDA:
(a) Provide recommendation to the MMRDA for
i. acceptance of the Supplier's request for payment accompanied by invoices;
ii. acceptance of the Supplier's performance security, advance payment security and
required insurances; and
iii. approving changes in codes and standards in accordance with which the Contract shall
be executed;
iv. Ordering instructions on the packing, marking, and documentation within and outside
the packages, if necessary in addition to the requirements in the Contract.
(b) To check the condition of equipment in accordance with the Contract after unloading and
unpacking, the condition of building before and after the installation of equipment, the
placement of equipment accordance to drawings
(c) To confirm the levelling of equipment, etc., test result of accuracy guarantees by the
Supplier
(d) To provide recommendation to the MMRDA in requiring, as needed, the Supplier to carry
out any test and/or inspection not required by the Contract but deemed necessary to verify
that the characteristics and performance of the Goods comply with the technical
specifications codes and standards under the Contract.
(e) To provide recommendation to MMRDA in rejecting, as needed, any Goods or any part
thereof that fails to pass any test and/or inspection or do not conform to the specifications.
(f) To provide periodic and/or continuous inspection services during the warranty period and
DLP of 24 months.
(g) To provide recommendation to the MMRDA in ordering the Supplier to make changes
within the general scope of the Contract in any one or more of the following:
i. Drawings, designs, or specifications, where Goods to be furnished under the Contract are
to be specifically manufactured for the MMRDA;
ii. the method of shipment or packing;
iii. the place of delivery; and
iv. the Related Services to be provided by the Supplier.
(h) To provide recommendation to the MMRDA in evaluating the situation in which the
Supplier or its Subcontractors encounters conditions impeding timely delivery of the
Goods or Related Services, and if needed, in extending the Supplier's time for performance.
5. Project Management:
A. Facilitation of Implementation of Environmental Management Plan (EMP), Environmental
Monitoring Plan (EMoP), Gender Action Plan (GAP) and Resettlement Action Plan (RAP),
Livelihood Restoration Plan (LRP), Vulnerable Communities Plan (VCP) and Indigenous
Peoples Development Plan (IPDP, if applicable). The Consultant shall:
i. Review and update EIA including EMP and EMoP as appropriate; incorporate necessary
technical specifications following design and contract documentation;
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ii. Assist MMRDA in preparation of documents and taking necessary procedures in
accordance within the EIA Report for the Project, if any;
iii. Assist MMRDA in dissemination and explanation of additionally confirmed and

identified environmental issues to public including holding public consultations.
iv. Assist MMRDA in obtaining necessary permits from relevant authorities and/or
departments in accordance with the planned implementation schedule stated in the EIA
Report;
v. During the preparation of bidding documents, clearly include environmental

responsibilities as explained in the ETA Report and EMP as “Environmental Contract
Specifications (ECS)”;
vi. Ensure that designs and construction methods provide for, as per the EMP,
environment-friendly building materials, reuse, resource saving and climate adaptation
elements like natural ventilation, solar power installations and rain water harvesting;
piling methods and track design which minimize noise and vibration;
vii. Ensure the primary baseline data of environmental elements are in place prior to
mobilization;
viii. Assist MMRDA in reviewing the Contractor’s Environmental Program (CEP) <check
with Safeguard> to be prepared by the contractor in accordance with EIA, EMP, ECC
(Environmental Compliance Certificate) and ECS, relevant plans, conditions set out in
relevant permits and clearances and Funding Agencies’ Environmental Policy and to
make recommendations to MMRDA regarding any necessary amendments for its
approval;
ix. Assist MMRDA to implement the measures identified in the EMP;
x. Monitor the effectiveness of EMP and negative impacts on environment caused by the
construction works and provide technical advice, including a feasible solution, so that
MMRDA can carry out improvement when necessary;
xi. Monitor compliance with the requirements under EMP and Funding Agencies’
Environmental Policy. Submit the Environmental Monitoring Report to MMRDA at every
three (3) months after the commencement of the services until the completion of the
Project. After the completion of the Project, the Report will be submitted semiannually
for two (2) years. The Environmental Monitoring as per Funding Agencies E&S templates
will be filled and attached to the Report;
xii. After verifying the Environmental Monitoring Report by MMRDA, assist submitting the
report to Funding Agencies as part of the Progress Status Report at every three months
after the commencement of the services until the completion of the Project and
semiannually for two (2) years after the completion of the Project;
xiii. Assist MMRDA in preparation of the answer to the request from Agencies for
environmental and social considerations if necessary;
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xiv. Assist MMRDA in facilitating stakeholder’s participation (including focus group
discussions for vulnerable PAPs) and providing feedbacks on their comments regarding
EMP and EMoP;
xv. Supervise Contractor’s activities to check compliance with CEP and prepare periodic
monitoring reports;
xvi. Assist MMRDA to establish a multi-layer Grievance Redress Mechanism (GRM)
including Grievance Redress Committee (GRC) to resolve the Grievances of
environment, health and safety matters in a timely manner;
xvii. Assist MMRDA in the capacity building of MMRDA staff on environmental management
through on-the-job training on environmental assessment techniques, mitigation
measure planning and implementation, supervision and monitoring, and reporting;
xviii. At the completion of project, (a) undertake final environmental monitoring and
evaluation against the set indicators, (b) evaluate sustainability of environmental
benefits associated with the project, taking into account both positive and negative
impacts associated with the project, and (c) prepare an evaluation report for the
project;
xix. Review and update RAP with field assistance of the NGO as necessary based on detailed
design in accordance with the agreed RPF
xx. Review and update vulnerable communities plan (VCP) to cater to those vulnerable
families that may be affected. This is in addition to IPPF/IPDP ‘as applicable’.
xxi. Ensure consultations are carried out according to the Consultation Plan /Strategy.
xxii. Conduct a social audit to confirm whether the land acquisition and resettlement
activities which have been already taken place were in accordance with Social Policy,
then prepare a Social Monitoring Report to submit to MMRDA;
xxiii. Assist MMRDA in,
a) Verification of database of affected structures, families, persons and ‘Payment
Statement’ for individual eligible PAPs prepared by NGO. The places where each
eligible PAPs will relocate to (if any) are necessary to be recorded so that MMRDA
could implement monitoring on income and living conditions of resettled persons;
b) Approval of micro plan prepared by NGO
i. Assist MMRDA in supervising the social assessment, or supplementing the existing
social assessment when necessary, including, but not limited to, the baseline survey
for monitoring and evaluating the income restoration plan and the need
assessment survey for identifying income restoration opinions during early stage of
the detailed design and review the existing income restoration plan and special
assistance plan for vulnerable PAPs and revise/update the contents of the plans if
necessary based on priorities identified with support of relevant government
agencies and NGOs. Existing government programs focused on vulnerable and
backward communities will be taken into account while updating these plans. If
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necessary, further consultations should be conducted to record and reflect
feedbacks from vulnerable PAPs. The following contents should be considered to be
included in the plans:
c) Skills Development Training
d) Project related Job Opportunities
e) Provision of social welfare grant
f) Provision of Agricultural Extension Services, if applicable
g) Provision of the special allowance to vulnerable PAPs
ii.Assist MMRDA
a) in support MMRDA in internal monitoring of disbursal of compensation and R&R
assistances before start of civil works
b) support MMRDA in internal monitoring of resettlement and Livelihood
Restoration and its effectiveness upto completion of construction
c) Support MMRDA in internal monitoring of Gender Action and its effectiveness
upto 2 years after commissioning.
iii. Assist MMRDA to implement GAP. Identify any further adverse gender-specific
impacts of the Project and update GAP to reduce these. Suggest methods for
monitoring the benefits that are expected to be accruing to females.
iv. Assist MMRDA to implement IPPF (if applicable). Identify any further risks and
impacts of construction activities impacting the Scheduled Tribe population and
update the IPPF. This will include meeting with selected tribal populations regarding
their views and interests concerning the types of activities to be supported by the
Project;
v. Assist MMRDA in the capacity building of MMRDA staff on social management
through on-the-job training on social assessment techniques, mitigation measure
planning and implementation, supervision and monitoring, and reporting;
vi. Submit the Social Monitoring Report monthly after the commencement of the
services until land acquisition is completed before start of civil works, resettlement
activities including livelihood restoration are completed before completion of
construction program. Submit report on gender action every 3 months for 2 years
after the completion of the Project; The Social Monitoring as per Funding agencies
E&S templates will be filed and attached to the Report;
vii. After verifying the Social Monitoring Report by MMRDA, assist submitting the Report
to Funding Agencies as part of the Progress Status Report every three (3) months
after the commencement of the services until land acquisition is completed before
start of civil works and resettlement activities including livelihood restoration
program are completed before the completion of the Project and semiannually for 2
years after the completion of the Project;
viii. Assist in procurement of RAP INGO and external monitoring Agencies (EMA). The
ToR for INGO/EMA will be attached in RAP and will be agreed between MMRDA and
Funding Agencies in the course of Social Review of Funding Agencies;
ix. Assist MMRDA, INGO and EMA in facilitating stakeholder’s participation (including
focus group discussions for vulnerable PAPs) and providing feedbacks on their
comments regarding RAP;
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x. Assist MMRDA to establish GRM for workers and monitor the labor working
conditions and other rights in conformity with applicable Legislations and Funding
Agencies’ Social Policy;
xi. Assist MMRDA in establishment of GRM including formation of GRC to resolve
grievances of social matters in a timely manner;
xii. Assist MMMRDA to monitor activities of NGO in ensuring that the PAPs are fully
aware of the grievance redress procedure and the process of bringing their
complaints, investigate the veracity of the complaints, and recommends
actions/measures to settle them amicably, fairly and transparently before they go to
the redress committee or the courts of law; and
xiii. Provide technical services with GRC for keeping and updating records when
necessary.
B. Knowledge Sharing
The Consultant shall:
i. Provide the opportunity to the MMRDA officers and staffs to be involved in the working team of
the Consultant during the design and contract administration and supervision works for their
capacity building wherever possible. If requested by MMRDA, the Consultant shall brief and
demonstrate the survey and design procedure.
ii. The consultant shall assist MMRDA and its staff to build their capacity as a part of on the job
training under the Project.
C. Program Schedule:
i. Review existing project master program and up-date to feasible the Project Master
Program.
ii. Review and update the Project Master Program at regular interval and big event.
iii. Advise the Team Leader/Project Director any action required from the Employer.
iv. Review and critique of program schedules of contractors
D. Quality Assurance:
v. Review and update existing Quality Assurance System and Manuals for Quality Control.
vi. Reinforce the MMRDA Quality Assurance System.
6. Technical Assistance:
A. Assist in Coordination with Stakeholders
B. The Consultant shall assist MMRDA to consult with related ministries and agencies
(including but not limited to Metropolitan Transport Corporation (MTC) and Mumbai
Metropolitan Water Supply and Sewage Boar (CMWSSB) in preparation and presentation
of the documents. Assist in Coordination with Statutory Agencies. The Consultant shall
assist MMRDA to get clearances from CMRS, EIG, DoT and Railway Board.
C. Traffic Management Assistance
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 The Consultant shall prepare traffic management plan for reduction of traffic
congestion and avoidance of traffic accidents during Construction based on survey
results.
 Assist MMRDA to coordinate with stakeholders and supervise Contractor for the
traffic management plan implementation till the completion of consulting service.
D. Utility Relocation Assistance

The Consultant shall
i) Supervise the identification of underground utility facilities and buried materials (e.g.
existing foundations).
ii) Assist MMRDA to coordinate with stakeholders and supervise Contractor for the
utility relocation management plan implementation till the completion of consulting
service.
E. Defects Liability Period Management

i. Provide continuous inspection services during DLP and if any defects are noted, instruct
the Contractor to rectify;
ii. Prepare DLP management plan
iii. Supervision of DLP works
iv. Submit the DLP monitoring report during DLP period of all contracts.
F. Coordination between different funding agencies

i. PMC would advise MMRDA on the various coordination related issues, milestones and
timelines which would need to be harmonized between parallel co-financiers.
ii. PMC would also support MMRDA on this during the joint review mission of the parallel
co-financiers during the construction phase.
G. O&M Assistance
i. Study and propose optimized solutions for O&M
ii. Develop planning and strategy for O&M
iii. Estimate O&M cost
iv. Review and approve the documents submitted by the Contractors related to O&M
v. Coordination between various Contractors and statutory agencies for O&M related
activities
vi. Ensure implementation of strategy for O&M during DLP
vii. Procurement of O&M contractors and consultant
viii. Assistance in monetization services of the project
H. Deleted.
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Chapter 4. Time Schedule and Staffing (Expertise required)

Detailed schedule is given below:
No Key Activities Month/Year

1 Commencement of Services Sep 2023
2 Total duration of Services 78 months including 24 months DLP
3 Mobilization time Sep 2023

Start date of review of Construction
4 Oct 2023
Contractor Design and Deliverables
5 Tender issue and award of civil packages Sep 2023
6 Tender issue and award of E&M packages Sept 2024
Man-
Sr. Key Personnel Nos Contract Period
Months
54 Sub Total Total
1 Project Director 1 54 54 54
2 Deputy Project Director 1 54 54 54
3 Chief Contract Expert 2 54 54 108
4 Chief Tunnel Expert 1 54 54 54
5 Chief Designer 1 54 54 54
6 Transportation Expert 1 54 54 54
7 Chief Electrical Engineer 1 54 54 54
8 Sr. Structural Engineer 2 54 54 108
9 Environmental Expert 1 54 54 54
Sub total 11 486 486 594
NON KEY PERSONNEL
Health, Safety & Security
10 3 54 54 162
Specialist (2 nos)
11 Tunnel Construction Engineer 2 54 54 108
12 Chief Tunnel Ventilation Expert 1 54 54 54
13 Chief Geotechnical Expert 1 54 54 54
14 Resident Engineer 4 54 54 216
15 ITS Specialist 1 54 54 54
16 Fire Safety Engineer 1 54 54 54
17 MEP Engineer 1 54 30 30
18 Billing Engineer 2 54 54 108
19 Site Supervisor Civil (12 nos) 24 54 54 1296
Site Supervisor MEP/Electrical
20 4 54 30 120
(4 nos)
21 CAD operator (2 nos) 4 54 54 216
22 Quality Assurance 2 54 54 108
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Man-
Sr. Key Personnel Nos Contract Period
Months
54 Sub Total Total
Sr. Electrical & Tunnel Testing
23 1 54 54 54
Engineer
Planning Engineer / Document
24 2 54 54 108
Controller
25 Quantity Assurance Engineer 2 54 54 108
Sub total 55 864 816 2850
TOTAL 66 1350 1302 3444
Note:
1. The Consultant Team for the design, construction supervision and other miscellaneous
consulting services consist of the key personnel shown above together with supporting staff.
The minimum allocation of man-month for the respective phases of consulting services is as
shown in Table above. This man-month schedule, however, is indicative and the Consultant
may deploy additional professional experts/ support staff with prior approval from
Employer necessary for timely execution of the project packages.
2. The PMC shall provide in its offer the proposal for staffing schedule for the entire period of
the implementation of the project including the defect liability period. Depending on the pace
of the progress on the project, MMRDA may require PMC to adjust and regulate the
deployment of their personnel.
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Chapter5. Key Experts
The minimum requirements of Key Experts is given below.
Note:
1. All technical inputs and support will be provided by the consultant.
2. It is mandatory to give date of birth & nationality of each personnel.
3. For equivalent degrees other than B.E./B.Tech., it will be the responsibility of the Consultant
to confirm/ firms that the said degree is equivalent to the required professional qualification
by way of undertaking of the individual person. The right to accept the same is reserved by
CE(NMIA)
4. Detailed CVs as per TECH-5 need to be submitted only for personnel listed in Cl. 23
Evaluation of Bid “Table C: Qualification and Experience of Key / Non Key Persons”
5. The consultant should provide at least minimum of the above indicative man-month in their
technical and financial proposal. If consultant has provided man-months lesser than the
above indicative man-months, the proposal will be rejected at any stage of evaluation.
However, the consultant may provide additional man-months if needed.
6. Age of Key Personnel shall not exceed 65 years at the time of submission of Bid.
7. Age of all site personnel shall not be more than 60 years during the construction period. The
age limit can be relaxed may be relaxed only with the approval of the competent authority.
8. At least Six (6) key out of 12 Key Staff personnel shall be on permanent pay-roll
9. If the consultant qualify on the basis of the parent company then the parent company should
deploy minimum 2 key persons of there permanent employees with desired qualification and
experience.
Table: Qualification of Key-Non Key Experts
Key Educational
Sr. Experience in Assignments Nos
Personnel Qualification
· Total 25 years of professional experience

· 20 years’ experience forHighway Road/
Railway Development Projects with TBM
· Minimum 15 years of experience in similar
capacity
Graduate in Should have Experience of at least 3 similar
Project Projects of project cost not less than INR 5000 1
1 Civil
Director Crores.
Engineering
Out of 3 projects
a) experience of atleast one project should be
in road construction with TBM
b) experience of atleast one project should be
in road/ Railway/ Metro construction with
TBM with length of 2.5 Km in Single Project.
· Total 20 years of professional experience
Deputy Graduate in · 15 years’ experience forHighway Road/
2 Project Civil Railway Development Projects with TBM 1
Director Engineering · Minimum 10 years of experience in similar
capacity
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Key Educational
Should have Experience of at least 3 similar
Projects of project cost not less than INR 3000
Crores.
Out of 3 projects
a) experience of atleast one project should be
in road construction with TBM
15 years of professional experience
Graduate Should have done 2 Bid Process Management/
Chief Degree in Procurement for a project size not less than
3 Contract Engineering INR 1000 Crores 2
Expert with degree in 5 years of Experience on projects based on
law. FIDIC Yellow/Silver/Gold books is
necessary.
Total 20 years of professional experience
Should have been Tunnel Engineer for
Highway Road/ Metro/ Railway projects for
Postgraduate in at least 15 years
Chief Tunnel
4 Civil · Minimum 10 years of experience in similar 1
Expert
Should have experience of at least 2 Highway
Road/ Metro/ Railway Projects of tunnel
length not less than 2.5 km in a single project.
Graduate in
Chief 10 years’ experience in Highway road/
5 civil 1
Designer Metro/ Railway tunnel Development
Engineering
Projects.
Postgraduate in Minimum of 5 years in Highway Designing
Transportati
6 Highway works/Execution of major Road Tunnel. 1
on Expert
Engineering Should have experience of at least 2 road
Tunnel.
Chief Graduate in
7 Electrical Electrical 10 years’ experience in Bridge/ Highway 1
Engineer Engineering Road/ Metro/ Railway tunnel Development
Projects.
·Total 15 years of professional experience
Postgraduate in ·10 years experienceforHighway road/
Sr.
Civil/ Metro/ Railway Development tunnel
8 Structural 2
Structural Projects.
Engineer
Engineering · Minimum 10 years of experience in similar
capacity
10 years of professional experience.
Minimum of 5 years as Environmental
Postgraduate in Engineer in Highway Road/ Metro/ Railway
Environmen
9 Environmental tunnel projects 1
tal Expert
Science Assessment studies for at least 2 Major
Highway Road/ Metro/ Railway tunnel
Projects
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Key Educational
11
NON KEY PERSONNEL
10 years in safety & security of similar kind
Health,
projects in Highway Road/ Metro/ Railway
Safety & Postgraduate in
Tunnel projects
10 Security Safety 3
· Minimum 10 years of experience in similar
Specialist (2 Engineering
capacity
nos)
Should have experience of at least 2Highway
Road/ Metro/ Railway tunnel Projects
Minimum construction supervision experience
of 5 years in Highway Road/ Metro/ Railway
Tunnel
Degree in Civil Tunnel Construction Projects.
11 Constructio 2
Engineering Should have experience of at least 2 Highway
n Engineer
road/ Metro/ Railway Tunnel Projects of
tunnel length not less than 2.5 km in a single
project.
Degree /
7 years of relevant experience in Ventilation
Chief Tunnel Postgraduate in
and MEP Engineer
12 Ventilation Mechanical 1
Expert /Electrical Experience at least 2 Major Highway Road/
Engineering Metro/ Railway tunnel projects of length 2.5
Km
10 years’ experience in Bridge/ Highway
Chief Postgraduate in
Road/ Metro/ Railway Development tunnel
13 Geotechnica Geotechnical 1
Projects.
l Expert Engineering
Should have experience of at least 2Highway
Road/ Metro/ Railway Projects.
Should have been Resident Engineer
forHighway Road/ Metro/ Railway Tunnel
Graduate in Projects for at least 10 years
Resident
14 Civil · Minimum 10 years of experience in similar 4
Engineer
One RE (civil) should have experience of at
least 2Highway Road/ Metro/ Railway
Tunnel Projects
Minimum of 10 years relevant experience in
Degree / Road Tunnel projects involving Lighting
ITS Postgraduate in systems and Emergency Response systems for
15 1
Specialist Electrical Transport Tunnel Projects
Engineering Experience at least ONE Major Highway
Road/ Metro/ Railway tunnel projects of
length 2.5 km
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Key Educational
Degree in 10 years of professional experience.
Engineering Minimum experience of 5 years as Fire and
with Post safety Engineer in Highway Road/ Metro/
Fire Safety Graduate Railway Tunnel Projects
16 1
Engineer Degree/diplom
a/certification Should have experience of at least 2Highway
in Fire and road/ Metro/ Railway Tunnel Projects.
safety
Graduate in
Should have been Resident Engineer for
MEP Mech/
17 projects for at least 10 years 1
Engineer Electrical
Engineering Should have experience of at least 2 Highway
road/ Metro/ Railway Tunnel Projects .
Bachelor • Total work experience of 10 years
Degree in Civil
Billing • Minimum 5 years of experience in Project
18 Engineering/ 2
Engineer Bill Verification, Cost Management and
Diploma in
Civil Reporting
Site Degree/
Minimum experience of 5 years as Site
Supervisor Diploma in
19 Supervisor in Highway road/ Metro/ 24
Civil (12 Civil
Railway Projects.
nos) Engineering
Degree/
Site Diploma in
Minimum experience of 5 years as Site
Supervisor Electrical/
20 Supervisor in Highway road/ Metro/ 4
MEP/Electri Mechanical or
Railway Projects.
cal (4 nos) equivalent
Engineering
CAD Minimum 5 years of working experience
Certification in
21 operator (2 4
CAD as CAD operator.
nos)
Quality Degree in Civil Minimum experience of 5 years as Quality
22 2
Assurance Engineering Assurance Engineer in Highway road/ Metro/
Railway Projects.
Minimum of 10 years relevant experience in
Sr. Electrical Degree / Post Road projects involving Lighting systems and
& Tunnel Graduate in Emergency Response systems for Transport
23 1
Testing Electrical Tunnel Projects
Engineer Engineering Experience at least ONE Major Highway road/
Metro/ Railway tunnel projects of length 3
km
Planning Should have done 2 Bid Process
Graduate
Engineer / Management/Procurement for a project size
24 Degree in 2
Document not less than INR 800 Crores
Engineering
Controller 5 years of Experience on projects based on
FIDIC Yellow/Silver books is necessary.
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Key Educational
Quantity
Degree in Civil Minimum experience of 5 years as Quality
25 Assurance 2
Engineering Assurance Engineer in Highway road/ Metro/
Engineer
Railway Projects.
The Indicative list of experts required is given above. The consultant shall propose mobilization
schedule in accordance with above Table 1: Qualification of Key Experts and the parties to the
contract shall agree to the proposed mobilization schedule (both mobilization and de-mobilization)
as and when required.
Scope of works for the respective personnel:

Detailed information on the major tasks and duties of each member of the detailed engineering
design team and the construction supervision team shall perform is provided as follows:
Notes
1. Minimum qualification shall be Bachelor Degree in relevant field. Person not meeting the
minimum qualification shall not be considered for selection during mobilization.
2. In case of office assistant, minimum qualification shall be 12th Pass.
3. The Consultant shall seek approval from the Client for CV of all the personnel before
deployment.
4. Post qualification, consultancy experience will be considered for working experience.
5. Consultant to propose Site Supervisors for contract packages as per the scope and
requirements
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Table 3: Scope of Work for experts
No. Position Major Tasks and Duties
A01 Project Director 1. Responsible for over all management, coordination, ensuring
(Key Expert) compliance with the contract and liaison with senior
2.7.12 management of MMRDA.
2. Lead the detailed design task team. Ensure all deliverables are
prepared in accordance with quality and time constraints.
3. As the representative of the Consultant, communicate with
Employer and report to JV member firms.
4. Review the previous and on-going related studies and data
collected.
5. Identify appropriate design codes and standards in collaboration
with the Design Standards for Mumbai.
6. Review of detailed Design for Civil/Architectural works.
7. Recommend the Underground Safety system including ventilation
system, firefighting system, and evacuation method.
8. Review of Basic Design for underground facility including air-
conditioning system and tunnel ventilation system.
9. Draft the Contract Agreements for signing.
10. Study and propose optimized solutions for O&M.
11. Develop planning and strategy for O&M.
12. Estimate O&M cost.
13. Review and approve the documents submitted by the Contractors
related to O&M.
14. Coordination between various Contractors and statutory agencies
for O&M related activities.
15. Ensure implementation of strategy for O&M during DLP
16. Coordinate all elements of the construction activities.
17. Make suitable arrangement for monitoring the performance of
the Contractors and their sub-contractors.
18. Monitor the Contractor’s compliance with regard to the
insurance, bond obligation as well as the labor and tax laws.
19. Coordinate with all the parties in assisting MMRDA in the
preparation of public relations information.
20. Review of Design and plan the traffic management plan during
construction.
21. Assist MMRDA to organize Traffic Management.
22. Supervisetheidentificationofundergroundutilityfacilitiesandburie
d materials (e.g. existing foundations).
23. Assist MMRDA for supervision of utility relocation until the
completion of consulting service.
24. Review the relevant social requirements applied to similar
Tunnel Projects.
25. Analyze the risks and vulnerabilities for social issue in
construction.
26. Develop the tender documents in preparing social requirements.
A02 Deputy Project 1. Report to Project Director
Director (Key 2. Review the previous and on-going related studies and data
Expert) collected.
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2.7.13 3. Supervise all Experts/engineers and staff.
2.7.14 4. Review of Basic Design for underground facility including air-
conditioning system and tunnel ventilation system.
5. Discuss with the Document and Cost Manger, Contract Manager
for preparation Bid Documents for all packages.
6. Verify completed work and prepare request for payment to
contractors.
7. Certify progress claim from Contractor.
8. Review BIM Execution Plan (BEP).
9. Review the facilities by BIM modeling.
10. Coordination and supervision of BIM models and Assist for
Audit by preparing replies time to time.
11. Analyze the networks and performances of surrounding
transmission lines and substations.
12. Develop performance provisions for the substations, power
supply and power distribution systems.
13. Prepare Basic design for substations, power supply and power
distribution systems.
14. Review the detailed designs of substations, power supply and
power distribution systems.
15. Work with other team members to ensure the performances
needed for overhead contact.
16. Develop performance provisions for the overhead contact.
17. Prepare Basic design.
18. Review the overhead contact detailed designs.
19. Develop performance provisions for the telecommunication
system including Wi-Fi.
20. Prepare basic design of telecommunication system.
21. Review of Detailed designs of telecommunication system.
22. Develop performance provisions for the Toll Collection
23. Review the Design of air conditioning & ventilation system
including cooling/ventilation towers.
24. Analyze design requirements for electrical equipment for all
sections.
25. Review of electrical design of buildings.
26. Analyze design requirements for mechanical equipment for
elevated section.
27. Review of mechanical design of buildings.
28. Analyze the performance provisions for lift and escalators.
29. Review existing specification and update Employer’s
Requirements.
A03 Chief Contract 1. Report to Project Director
Expert (Key 2. Review existing Contract Documents.
Expert) 3. Manage the contract/documentation team.
2.7.15 4. Verify completed work and prepare request for payment to
2.7.16 contractors.
5. Certify progress claim from Contractor.
6. Responsible for overall coordination between parallelfinanciers
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ISLAND CITY
in the absence of Chief Financial andCosting Expert
A04 Chief Tunnel 1. Report to Project Director.
Expert (Key 2. Review the FS and Tunnel design for detailed engineering,
Expert) including the geotechnical data, the applied design codes, design
2.7.17 conditions including control points (e.g. Navigation channel,
2.7.18 pipelines etc.), type of the foundation/substructure/
superstructure
3. Confirm with MMRDA all design conditions including design
code, control points such as position of public utilities, and cross
sections.
4. Provide guidance to the CAD operator for preparation of the
drawings and check the drawing prepared by the CAD operator.
5. Review the method statement of project construction submitted
by the contractor and provide comments or give no objection.
6. Review and check the quality of the works at site as well as
inspection sheets prepared by the inspector and provide
necessary instruction if any.
7. Check the interim payment claim from the contractor to support
the Quantity Surveyor.
8. Support the Claim specialist to analyze the claims for cost
increase or time extension from the contractor
9. Support the Project Directo rto issue the Taking over certificate
and completion certificate in terms of Tunnel.
10. Participate the meeting with relevant authorities/the
client/contractor when required.
11. Provide a part of the reports to be submitted to the Client in
terms of the Project works.
12. Ensure full and detailed permanent site records, which will
include site correspondence, survey data, quality acceptance
data, site diaries, measurement and certification, minutes of
meetings, and records of all other contractually relevant
matters.
13. Check the as-build drawings submitted by the contractor
A05 Chief Designer 1. Review the for detailed engineering, including the geotechnical
data, the applied design codes, design conditions including
control points.), type of the foundation/substructure/
superstructure
2. In collaboration with the Tunnel / pavement / road engineers,
develop a program of site investigation for structures and
drainage works.
sections in collaboration with Tunnel / Highway Engineer
4. Review the detailed design based on the approved basic design
6. Review and check the bill of quantities.
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ISLAND CITY
10. Provide draft variation order when necessary, of the design
change.
12. Support the Project Directorto issue the Taking over certificate
and completion certificate in terms of bridge structures
matters.
A06 Transportation 1. Review the results of traffic demand forecast in FS to estimate
Expert (Level 2) the accumulated axle loads to a level of accuracy necessary
2. Determine the appropriate pavement structure with
specifications to fulfill the requirements identified through the
review of the FS
3. Review the method statement of pavement works submitted by
the contractor and provide comments or give no objection.
4. Review and Check the quality of the works at site as well as
6. Provide draft variation order in pavement works, when
necessary, of the design change.
and completion certificate.
terms of the pavement works.
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ISLAND CITY
matters.
A07 Chief Electrical 1. Review the FS and lighting design for detailed design, including
Engineer the applied design codes, design conditions including
environmental requirements, and type of lighting.
2. In collaboration with the highway road engineers, develop a
program of site investigation for confirming the electricity
supply points.
code and requirements
5. Review and check the bill of quantities prepared by local
electrical engineer
6. Review the method statement of lighting equipment and facility
works submitted by the contractor and provide comments or
give no-objection.
7. Review and Check the quality of the works at site as well as
9. Provide draft variation order in bridge structure when
11. Support the Team Leader to issue the Taking over certificate
terms of the bridge works.
matters.
A08 Sr. Structural 1. Review the FS and bridge design for detailed engineering,
Engineer including the geotechnical data, the applied design codes, design
conditions including control points (e.g. Navigation channel,
pipelines etc.), type of the foundation/substructure/
superstructure
2. In collaboration with the Tunnel / pavement / road engineers,
drainage works.
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ISLAND CITY
sections in collaboration with Tunnel / Highway Engineer
4. Review the detailed design of the bridges based on the approved
basic design
10. Provide draft variation order in bridge structure, when
matters.
A09 Chief 1. Report to Project Director.
Environment, 2. Review the relevant environment, health and safety
Health and requirements applied to Similar Underground Tunnel Projects.
Safety Expert 3. Analyze the risks and vulnerabilities for environment, health
and safety in construction.
4. Prepare guidelines for construction safety to be followed by
Suppliers.
A10 Health, Safety & 1. Report to Project Director.
Security 2. Review the relevant environment, health and safety
Specialist requirements applied to Similar Underground Tunnel Projects.
3. Analyze the risks and vulnerabilities for environment, health
and safety in construction.
4. Prepare guidelines for construction safety to be followed by

Suppliers.
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ISLAND CITY
A11 Tunnel 1. Review the FS and Tunnel design for detailed engineering,
Construction including the geotechnical data, the applied design codes, design
Engineer conditions including control points (e.g. Navigation channel,
pipelines etc.), type of the foundation/substructure/
superstructure
2. In collaboration with the Bridge / pavement / road engineers,
drainage works.
sections in collaboration with Bridge / Highway Engineer
4. Review the detailed design of the bridges based on the approved
basic design
10. Provide draft variation order in bridge structure, when
matters.
A12 Chief Tunnel 1. Report to Project Director.
Ventilation 2. Review the Tunnel Ventilation design for detailed engineering,
Expert 3. Confirm with MMRDA all design conditions.
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ISLAND CITY
A13 Chief 1. Review the Tunnel design for detailed engineering, including the
Geotechnical geotechnical data, the applied design codes, design conditions
Expert including control points (e.g. Navigation channel, pipelines etc.),
2. Supervise the local contractor’s performance in the quality of the
Work and schedule and give guidance if necessary.
Check the output of the geotechnical survey and report done by
the local contractor.
A14 Resident Report to Project Director.

Engineer (Level
2)
A15 ITS specialist Report to Project Director.
(Level 2)
A16 Fire Safety Report to Chief Environmental, Health and Safety Expert.
Engineer
A17 MEP Engineer Report to Project Director.
A18 Billing Expert Report to Chief Quantity Surveyor.

(Level 2)
A19 Site Supervisor Report to Resident Engineer.
Civil
A20 Site Supervisor Report to Resident Engineer.
MEP/Electrical
A21 CAD operator Report to Project Director
A22 Quality Report to Quality Control/ Assurance Expert
Assurance
A23 Sr. Electrical & Report to Chief Electrical Expert.
Tunnel Testing
Engineer
A24 Planning Report to Project Director
Engineer /
Document
Controller
A25 Quantity Review and update existing Quantity Assurance System and Manuals for
Assurance Quality /Quantity Control.
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ISLAND CITY
Engineer
A31 Office Manager Report to Project Director
A32 Secretary/Typis Report to Office Manager
t
A33 Accountant Report to Office Manager
A36 Office Assistant Report to Office Manager
A37 IT Specialist Report to Office Manager
A38 Civil Report to Project Director.
Engineering
Assistants
Page 78 of 130
Chapter 6. Deliverables
Within Category Type of Report Timelines for submission

1 General Inception Report As per below
Document and within 2 weeks from the
Design Review Design review reports for submission of document to
2
Construction Contractor PMC
3 Daily and weekly Progress Report Email

4 Monthly & Quarterly Progress Report As per below
Integrated installation, testing and
5 Construction As per below
commissioning plans
supervision
6 Project Completion Report As per below
Other reports for construction th
7 10 day of each month
supervision activities
8 Environmental Monitoring Report As per below
9 Project Social Monitoring Report As per below
Management Environmental and Social Safeguard
10 As per below
Evaluation Report
Technical Review Reports
fordeliverables of other Sub - within 2 weeks from the
11 Contractors and Civil Construction submission of document to
Contractor PMC
System-wide manuals and plans for within 2 weeks from the

12 O&M activities submission of document to
PMC
Support documents for funding
13 agencies and other stakeholders
Technical Reports for TA activities such as
Assistance traffic management, institutional within 2 weeks from the
14 development etc. submission of document to
PMC
Technical presentations, as required th
15 10 day of each month
within the scope of work
within 1 month after the
16 DLP management plan
commencement of the services
10th day of each month during
17 DLP monitoring report
DLP
Contents to be included in each report are as follows:

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1. General
a) Inception Report: To be submitted within 1 month after the commencement of
theservices,presenting the methodologies, schedule, organization, etc.
2. Deleted
3. Deleted.
4. Environment and Social Monitoring

a) Environmental Monitoring Report (2 copies), to be submitted at every quarter after the
commencement of the services, presenting the environmental impacts and implementation of
environmental mitigation measures during and [at the completion of / after] the construction stage.
Environmental monitoring as per Funding Agencies E&S template will be filled and attached to the
Report.
b) Social Monitoring Report (2 copies), to be submitted every month during land acquisition and
resettlement implementation period. RAP monitoring as per Funding Agencies E&S template will be
filled and attached to the Report.
c) Environmental and Social Safeguard Evaluation Report (2 copies), to be submitted by the end of the
consulting services, presenting the EMP, EMoP, RPF, RAP, GAP and IPPF prepared.
5. Construction Supervision
a) Daily and Weekly planning and progress reports shall be prepared and submitted through email.
b) Monthly Progress Report: Prepare monthly progress reports in a form agreed with the PMU and
Funding Agency (in PSR) and submit the reports within 10 days before the end of the month to
which they refer. Describes briefly and concisely all activities and progress for the previous month.
Problems encountered or anticipated will be clearly stated, together with actions to be taken or
recommendations on remedial measures for correction. Also indicates the work to be performed
during the coming month.
c) Quarterly Progress Report (2 copies), to be submitted at every three (3) months during
construction, presenting the progress status of the Project. Prepare quarterly progress reports in a
form agreed with the PMU and Funding Agency (in PSR) and submit the reports within 10 days
before the end of the quarter to which they refer.
d) Review of Operation and Maintenance Manual containing technical procedures for the appropriate
operation and maintenance of all project facilities.
e) Project Completion Report (2 copies), to be submitted within three (3) months aftercompletion of
construction, which comprises a full size of as-built drawings for all the packages and the final
details of the construction completed together with all data, records, material tests result and field
books.
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Chapter 7. Employers Assistance to the Consultant
A certain range of arrangements and services will be provided by the Employer to the Consultant for
smooth implementation of the Consulting Services. In this context, the Employer will:
1. Report and data
Make available to the Consultant existing reports and data related to the Project
i. Detailed Project Report
ii. Geotechnical Investigation Report
iii. Tender Documents of contractors
2. Assignment of counterpart staff
Appoint counterpart officials, agent and representative as may be necessary for effectiveimplementation
of the Consulting Services.
3. Coordination with stakeholders
Coordinate with related ministries and agencies with the assistance by the Consultant.
4. Assistance and exemption
Use its best efforts to ensure that the assistance and exemption, as described in the Clause 35
of GCC in tender, will be provided to the Consultant.
Annexures:
1. Indicative list of experts required
2. Detailed Project Report
3. Geotechnical Investigation Report
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ISLAND CITY
SECTION 6. CONDITIONS OF CONTRACT

Form of Contract............................................................................................................................................................ 94
I General Conditions of Contract ........................................................................................................................ 96
A. GENERAL PROVISIONS............................................................................................................................................ 96
1. Definitions............................................................................................................................................................... 96
2. Relationship between the Parties ................................................................................................................ 97
3. Law Governing Contract ................................................................................................................................... 97
4. Language ................................................................................................................................................................. 97
5. Headings .................................................................................................................................................................. 97
6. Communications .................................................................................................................................................. 98
7. Location .........................................................................................................................................................................
98
8. Authority of Member in Charge ..................................................................................................................... 98
9. Authorized Representatives ............................................................................................................................ 98
10. Prohibited Practices ........................................................................................................................................... 98
11. Commissions and Fees....................................................................................................................................... 98
B. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT ......... 98
12. Effectiveness of Contract .................................................................................................................................. 98
13. Termination of Contract for Failure to Become Effective ................................................................... 99
14. Commencement of Services ............................................................................................................................ 99
15. Expiration of Contract........................................................................................................................................ 99
16. Entire Agreement................................................................................................................................................. 99
17. Modifications or Variations ............................................................................................................................. 99
18. Force Majeure........................................................................................................................................................ 99
19. Suspension............................................................................................................................................................ 100
20. Termination ......................................................................................................................................................... 101
C. OBLIGATIONS OF THE CONSULTANT ............................................................................................................. 103
21. Conflict of Interest ............................................................................................................................................. 103
22. Confidentiality..................................................................................................................................................... 104
23. Liability of the Consultant .............................................................................................................................. 104
24. Insurance to be taken out by the Consultant .......................................................................................... 105
25. Accounting, Inspection and Auditing......................................................................................................... 105
26. Reporting Obligations ...................................................................................................................................... 105
27. Proprietary Rights of the Client in Reports and Records .................................................................. 106
28. Equipment, Vehicles and Materials ............................................................................................................ 106
29. Performance Guarantee .................................................................................................................................. 106
D. CONSULTANT’S EXPERTS AND SUB-CONSULTANTS............................................................................... 107
30. Description of Key Experts ............................................................................................................................ 107
31. Replacement of Key Experts ......................................................................................................................... 107
32. Approval of Additional Key Experts ........................................................................................................... 108
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ISLAND CITY
33. Removal of Experts or Sub-consultants ................................................................................................... 108
34. Replacement/ Removal of Experts – Impact on Payments .............................................................. 109
35. Working Hours, Overtime, Leave, etc. ...................................................................................................... 109
E. OBLIGATIONS OF THE CLIENT .......................................................................................................................... 109
36. Assistance and Exemptions ........................................................................................................................... 109
37. Access to Project Site ........................................................................................................................................ 110
38. Change in the Applicable Law Related to Taxes and Duties ............................................................ 110
39. Services, Facilities and Property of the Client ....................................................................................... 110
40. Counterpart Personnel .................................................................................................................................... 110
41. Payment Obligation........................................................................................................................................... 111
F. PAYMENTS TO THE CONSULTANT .................................................................................................................. 111
42. Ceiling Amount ................................................................................................................................................... 111
43. Remuneration Expenses ................................................................................................................................. 111
44. Taxes and Duties ................................................................................................................................................ 111
45. Currency of Payment ........................................................................................................................................ 112
46. Mode of Billing and Payment ........................................................................................................................ 112
G. FAIRNESS AND GOOD FAITH .............................................................................................................................. 113
47. Good Faith ............................................................................................................................................................. 113
H. DISPUTE RESOLUTION ......................................................................................................................................... 113
48. Standing Grievance Redressal Committee (SGRC) ............................................................................... 113
49. Dispute Board (DB) ........................................................................................................................................... 114
50. Conciliation........................................................................................................................................................... 115
51. Arbitration ............................................................................................................................................................ 116
II General Conditions .......................................................................................................................... 119
III Special Conditions of Contract ..................................................................................................... 121
III
Appendices…………………………………………………………………………………………………………………………1
25
Appendix A - Form of Advance Payments Guarantee .................................................................................... 125
Appendix B - Form of PERFORMANCE Guarantee .......................................................................................... 127
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ISLAND CITY
Form of Contract
(Text in brackets [ ] is optional; all notes should be deleted in the final contract)
This CONTRACT (hereinafter called the “Contract”) is made the [number] day of the month of
[month], [year], between, on the one hand, [name of Client] (hereinafter called the “Client”) and,
on the other hand, [name of consultant] (hereinafter called the “Consultant”).
[If the Consultant consist of more than one entity, the above should be partially amended to read as
follows: “...(hereinafter called the “Client”) and, on the other hand, a Joint Venture (name of the
JV) consisting of the following entities, each member of which will be jointly and severally liable
to the Client for all the Consultant’s obligations under this Contract, namely, [name of member]
and [name of member] (hereinafter called the “Consultant”).]
WHEREAS
i. the Client has requested the Consultant to provide certain consulting services as defined in
this Contract (hereinafter called the “Services”);
ii. the Consultant, having represented to the Client that it has the required professional skills,
expertise and technical resources, has agreed to provide the Services on the terms and
conditions set forth in this Contract;
NOW THEREFORE the parties hereto hereby agree as follows:
1. The following documents attached hereto shall be deemed to form an integral part of this
Contract:
i. The General Conditions of Contract (including Attachment 1 “Prohibited Practices”;
ii. The Special Conditions of Contract;
iii. Appendices:
Appendix A: Form of Advance Payments Guarantee
In the event of any inconsistency between the documents, the following order of precedence shall
prevail: the Special Conditions of Contract; the General Conditions of Contract (including
Attachment 1); Appendix A. Any reference to this Contract shall include, where the context
permits, a reference to its Appendices.
2. The mutual rights and obligations of the Client and the Consultant shall be as set forth in
the Contract, in particular:
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ISLAND CITY
(a) the Consultant shall carry out the Services in accordance with the provisions of
the Contract; and
(b) the Client shall make payments to the Consultant in accordance with the
provisions of the Contract.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their
respective names as of the day and year first above written.
For and on behalf of [Name of Client]
[Authorized Representative of the Client – name, title and signature] For and on behalf of [Name
of Consultant or Name of a Joint Venture]
[Authorized Representative of the Consultant – name and signature]
[For a joint venture, either all members shall sign or only the lead member, in which case the
power of attorney to sign on behalf of all members shall be attached.]
For and on behalf of each of the members of the Consultant [insert the name of the Joint Venture]
[Name of the lead member]
[Authorized Representative on behalf of a Joint Venture] [add signature blocks for each member
if all are signing]
Page 85 of 130
I. General Conditions of Contract
A. GENERAL PROVISIONS
1. Definitions
1.1. Unless the context otherwise requires, the following terms whenever
used in this Contract have the following meanings:
a) “Applicable Law” means the laws and any other instruments having
the force of law in the Client’s country, as they may be issued and in
force from time to time.
b) “Client or Employer” means the Mumbai Metropolitan Region

Development Authority (also referred to as the “MMRDA”) which
expression shall also include their legal successors and permitted
assigns.
c) “Consultant” means a legally established professional consulting firm

or entity selected by the Client to provide the Services under the
signed Contract.
d) “Contract” means the legally binding written agreement signed

between the Client and the Consultant and which includes all the
attached documents listed in its paragraph 1 of the Form of Contract
(the General Conditions (GCC), the Special Conditions (SCC), and the
Appendices).
e) “Day” means a working day unless indicated otherwise.
f) “Effective Date” means the date on which this Contract comes into
force and effect pursuant to Clause GCC 11.
g) “Engineer” means the person appointed by the Client to act as the

representative for the purposes of the Contract and named in the
Contract Data, or other person appointed from time to time by the
Client and notified to the Consultant
h) “Experts” means, collectively, Key Experts, Non-Key Experts, or any

other personnel of the Consultant, Sub-consultant or JV member(s)
assigned by the Consultant to perform the Services or any part
thereof under the Contract.
i) “GCC” means these General Conditions of Contract.
j) “Government” means the government of the Client’s country.
k) “Joint Venture (JV)” means an association with or without a legal

Page 86 of 130
personality distinct from that of its members, of more than one entity
where one member has the authority to conduct all businesses for and
on behalf of any and all the members of the JV, and where the
members of the JV are jointly and severally liable to the Client for the
performance of the Contract.
l) “Key Expert(s)” means an individual professional whose skills,

qualifications, knowledge and experience are critical to the
performance of the Services under the Contract.
m) “Local Currency” means the currency of the Client’s country.
n) “Non-Key Expert(s)” means an individual professional provided by

the Consultant or its Sub-consultant to perform the Services or any
part thereof under the Contract.
o) “Party” means the Client or the Consultant, as the case may be, and
“Parties” means both of them.
p) “SCC” means the Special Conditions of Contract by which the GCC may
be amended or supplemented but not over-written.
q) “Services” means the work to be performed by the Consultant

pursuant to this Contract, as described in Terms of Reference (ToR)
hereto.
r) “Sub-consultants” means an entity to whom/which the Consultant

subcontracts any part of the Services while remaining solely liable for
the execution of the Contract.
s) “Third Party” means any person or entity other than the Government,
the Client, the Consultant or a Sub-consultant.
2. Relationship Nothing contained herein shall be construed as establishing a relationship

of master and servant or of principal and agent as between the Client and
between the Parties
the Consultant. The Consultant, subject to this Contract, has complete
charge of the Experts and Sub-consultants, if any, performing the Services
and shall be fully responsible for the Services performed by them or on
their behalf hereunder.
3. Law Governing This Contract, its meaning and interpretation, and the relation between
the Parties shall be governed by the Applicable Law.
Contract
4. Language This Contract has been executed in English which shall be the binding and
controlling language for all matters relating to the meaning or
interpretation of this Contract.
Page 87 of 130
5. Headings The headings shall not limit, alter or affect the meaning of this Contract.
6. Communications 6.1 Any communication required or permitted to be given or made

pursuant to this Contract shall be in writing in the language specified in
Clause GCC 4. Any such notice, request or consent shall be deemed to have
been given or made when delivered in person to an authorized
representative of the Party to whom the communication is addressed, or
when sent to such Party at the address specified in the SCC.
6.2 A Party may change its address for notice hereunder by giving the
other Party any communication of such change to the address specified in
the SCC.
7. Location The Services shall be performed at such locations as are specified in

Terms of Reference (ToR) hereto and, where the location of a particular
task is not so specified, at such locations, whether in the Government’s
country or elsewhere, as the Client may approve.
8. Authority of Member In case the Consultant is a Joint Venture, the members hereby authorize
the member specified in the SCC to act on their behalf in exercising all the
in Charge
Consultant’s rights and obligations towards the Client under this Contract,
including without limitation the receiving of instructions and payments
from the Client.
9. Authorized Any action required or permitted to be taken, and any document

requiredorpermitted to be executed under this Contract by the Client or
Representatives
the Consultant may be taken or executed by the officials specified in the
SCC.
10. Prohibited Practices The Client requires compliance with the Prohibited Practices as set forth
in Attachment 1 to the GCC.
11. Commissions and The Client requires the Consultant to disclose any commissions or fees
that may have been paid or are to be paid to agents or any other party
Fees
with respect to the selection process or execution of the Contract. The
information disclosed must include at least the name and address of the
agent or other party, the amount and currency, and the purpose of the
commission, gratuity or fee. Failure to disclose such commissions,
gratuities or fees may result in termination of the Contract and/ or
sanctions by the Client.
B. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OFCONTRACT
Page 88 of 130
12Effectiveness of
Unless otherwise specified in the SCC, this Contract shall come into force and
Contract
effect on the date (the “Effective Date”) when Contract has been signed by the
Parties.
The Consultant shall submit the required advance payment security and the
invoice for the advance payment, pursuant to Clause GCC 45, within fourteen
(14) days following the signing of the Contract.
13 Termination of If this Contract has not become effective within such time period after the date
of Contract signature as specified in the SCC, either Party may, by not less than
Contract for
twenty two (22) days written notice to the other Party, declare this Contract to
Failure to
be null and void, and in the event of such a declaration by either Party, neither
become Effective Party shall have any claim against the other Party with respect hereto.
14 Commencement Subject to Clause GCC 45, the Consultant shall begin carrying out the Services
not later than fourteen (14) days from the receipt of the advance payment.
of Services
Unless terminated earlier pursuant to Clause GCC 19 hereof, this Contract shall
15 Expiration of expire at the end of such time period after the Effective Date as specified in the
Contract SCC.
This Contract contains all covenants, stipulations and provisions agreed by
16 Entire the Parties. No agent or representative of either Party has authority to make,
Agreement and the Parties shall not be bound by or be liable for, any statement,
representation, promise or agreement not set forth herein.
17 Modifications or Any modification or variation of the terms and conditions of this Contract,
including any modification or variation of the scope of the Services, may only
Variations
be made by written agreement between the Parties. However, each Party shall
give due consideration to any proposals for modification or variation made by
the other Party. The limit for the modification or variation shall be ±25% of
contract value.
18 Force Majeure
18.1 a. 17.17.1 For the purposes of this Contract, “Force Majeure” means an
event which is beyond the reasonable control of a Party, is not foreseeable, is
Definition
unavoidable, and makes a Party’s performance of its obligations hereunder
impossible or so impractical as reasonably to be considered impossible under the
circumstances, and subject to those requirements, includes, but is not limited to,
war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other adverse
weather conditions, strikes, lockouts or other industrial action confiscation or any
other action by Government agencies.
17.2. Force Majeure shall not include (i) any event which is caused by the
negligence or intentional action of a Party or such Party’s Experts, Sub-
consultants or agents or employees, nor (ii) any event which a diligent Party
Page 89 of 130
could reasonably have been expected to both take into account at the time of the
conclusion of this Contract, and avoid or overcome in the carrying out of its
obligations hereunder.
17.3. Force Majeure shall not include insufficiency of funds or failure to make any
payment required hereunder.
b. No Breach of 17.4. 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
Contract
inability arises from an event of Force Majeure, provided that the Party affected
by such an event has taken all reasonable precautions, due care and reasonable
alternative measures, all with the objective of carrying out the terms and
conditions of this Contract.
c. Measures to be 17.5. A Party affected by an event of Force Majeure shall continue to perform its
taken obligations under the Contract as far as is reasonably practical, and shall take all
reasonable measures to minimize the consequences of any event of Force
Majeure.
17.6. A Party affected by an event of Force Majeure shall notify the other Party of
such event as soon as possible, and in any case not later than fourteen (14)
calendar days following the occurrence of such event, providing evidence of the
nature and cause of such event, and shall similarly give written notice of the
restoration of normal conditions as soon as possible.
17.7. Any period within which a Party shall, pursuant to this Contract, complete
any action or task, shall be extended for a period equal to the time during which
such Party was unable to perform such action as a result of Force Majeure.
17.8. During the period of their inability to perform the Services as a result of an
event of Force Majeure, the Consultant, upon instructions by the Client, shall
either:
a) demobilize, in which case the Consultant shall be reimbursed on actuals for

additional costs they reasonably and necessarily incurred with prior approval of
the Client, in reactivating the Services; or
b) continue with the Services to the extent reasonably possible, in which case the
Consultant shall continue to be paid under the terms of this Contract and be
reimbursed for additional costs reasonably and necessarily incurred.
17.9. In the case of disagreement between the Parties as to the existence or extent
of Force Majeure, the matter shall be settled according to Clauses GCC 48 & 49.
19 Suspension 18.1. The Client may, by written notice of suspension to the Consultant, suspend
all payments to the Consultant hereunder if the Consultant fails to perform any of
Page 90 of 130
its obligations under this Contract, including the carrying out of the Services,
provided that such notice of suspension (i) shall specify the nature of the failure,
and (ii) shall request the Consultant to remedy such failure within a period not
exceeding thirty (30) calendar days after receipt by the Consultant of such notice
of suspension.
20 Termination 19.1 This Contract may be terminated by either Party as per provisions set up
below:
a. By the Client 19.1.1 The Client may terminate this Contract in case of the occurrence of any of
the events specified in paragraphs (a) through (f) of this Clause. In such an
occurrence the Client shall give at least thirty (30) calendar days’ written notice
of termination to the Consultant in case of the events referred to in (a) through
(d); at least sixty (60) calendar days’ written notice in case of the event referred
to in (e); and at least five (5) calendar days’ written notice in case of the event
referred to in (f):
a) If the Consultant fails to remedy a failure in the performance of its obligations

hereunder, as specified in a notice of suspension pursuant to Clause GCC 18;
b) If the Consultant becomes (or, if the Consultant consists of more than one
entity, if any of its members becomes) insolvent or bankrupt or enter into any
agreements with their creditors for relief of debt or take advantage of any law for
the benefit of debtors or go into liquidation or receivership whether compulsory
or voluntary;
c) If the Consultant fails to comply with any final decision reached as a result of
arbitration proceedings pursuant to Clause GCC 49.1;
d) If, as the result of Force Majeure, the Consultant is unable to perform a

material portion of the Services for a period of not less than sixty (60) calendar
days;
e) If the Client, in its sole discretion and for any reason whatsoever, decides to
terminate this Contract;
f) If the Consultant fails to confirm availability of Key Experts as required in

Clause GCC 13.
19.1.2 Furthermore, if the Client determines that the Consultant has engaged in
Prohibited Practices, as defined in paragraph 2 of the Attachment 1 to the GCC, in
competing for or in executing the Contract, then the Client may, after giving
fourteen (14) calendar days written notice to the Consultant, terminate the
Consultant's employment under the Contract.
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b. By the 19.1.3 The Consultant may terminate this Contract, by not less than thirty (30)
Consultant calendar days’ written notice to the Client, in case of the occurrence of any of the
events specified in paragraphs (a) through (d) of this Clause.
a) If the Client fails to pay any money due to the Consultant pursuant to this
Contract and not subject to dispute pursuant to Clauses GCC 49.1 within forty-five
(45) calendar days after receiving written notice from the Consultant that such
payment is overdue.
b) If, as the result of Force Majeure, the Consultant is unable to perform a material
portion of the Services for a period of not less than sixty (60) calendar days.
c) If the Client fails to comply with any final decision reached as a result of
arbitration pursuant to Clause GCC 49.1.
d) If the Client is in material breach of its obligations pursuant to this Contract

and has not remedied the same within forty-five (45) days (or such longer period
as the Consultant may have subsequently approved in writing) following the
receipt by the Client of the Consultant’s notice specifying such breach.
c. Cessation of 19.1.4 Upon termination of this Contract pursuant to Clauses GCC 12 or GCC 19
Rights and hereof, or upon expiration of this Contract pursuant to Clause GCC 14, all rights
Obligations and obligations of the Parties hereunder shall cease, except (i) such rights and
obligations as may have accrued on the date of termination or expiration, (ii) the
obligation of confidentiality set forth in Clause GCC 22, (iii) the Consultant’s
obligation to permit inspection, copying and auditing of their accounts and
records set forth in Clause GCC 25 and to cooperate and assist in any inspection
or investigation, and (iv) any right which a Party may have under the Applicable
Law.
d Cessation of 19.1.5 Upon termination of this Contract by notice of either Party to the other
Services pursuant to Clauses GCC 19a or GCC 19b, the Consultant shall, immediately upon
dispatch or receipt of such notice, take all necessary steps to bring the Services to
a close in a prompt and orderly manner and shall make every reasonable effort to
keep expenditures for this purpose to a minimum. With respect to documents
prepared by the Consultant and equipment and materials furnished by the Client,
the Consultant shall proceed as provided, respectively, by Clauses GCC 27 or GCC
28.
e. Payment upon 19.1.6 Upon termination of this Contract, the Client shall make the following
Termination payments to the Consultant:
a. remuneration for Services satisfactorily performed prior to the effective date of

termination, and reimbursable expenditures for expenditures actually incurred
prior to the effective date of termination; and pursuant to Clause GCC 42.
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b. in the case of termination pursuant to paragraphs (d) and (e) of Clause GCC
19.1.1, reimbursement of any reasonable cost incidental to the prompt and
orderly termination of this Contract, including the cost of the return travel of the
Experts.
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C. OBLIGATIONS OF THE CONSULTANT
GENERAL
a. Standard of 20.1 The Consultant shall perform the Services and carry out the Services
Performance with all due diligence, efficiency and economy, in accordance with generally
accepted professional standards and practices, and shall observe sound
management practices, and employ appropriate technology and safe and
effective equipment, machinery, materials and methods. The Consultant shall
always act, in respect of any matter relating to this Contract or to the Services,
as a faithful adviser to the Client, and shall at all times support and safeguard
the Client’s legitimate interests in any dealings with the third parties.
20.2 The Consultant shall employ and provide such qualified and experienced
Experts and Sub-consultants as are required to carry out the Services.
20.3 The Consultant may subcontract part of the Services to an extent and
with such Key Experts and Sub-consultants as may be approved in advance by
the Client. Notwithstanding such approval, the Consultant shall retain full
responsibility for the Services.
b. Law applicable to 20.4 The Consultant shall perform the Services in accordance with the
Services Contract and the Applicable Law and shall take all practicable steps to ensure
that any of its Experts and Sub-consultants, comply with the Applicable Law.
20.5 Throughout the execution of the Contract, the Consultant shall comply
with the import of goods and services prohibitions in the Client’s country
when
a) as a matter of law or official regulations, the Client’s country prohibits
commercial relations with that country; or
b) by an act of compliance with a decision of the United Nations Security

Council taken under Chapter VII of the Charter of the United Nations, the
Client’s Country prohibits any import of goods from that country or any
payments to any country, person, or entity in that country.
21. Conflict of 21.1The Consultant shall hold the Client’s interest’s paramount, without any
Interest consideration for future work, and strictly avoid conflict with other
assignments or their own corporate interests.
a) Consultant not 21.1.1 The payment of the Consultant pursuant to GCC F (Clauses GCC 41
to benefit from through 46) shall constitute the Consultant’s only payment in connection with
Commission this Contract and, subject to Clause GCC 21.1.3, the Consultant shall not accept
for its own benefit any trade commission, discount or similar payment in
Discounts etc.
connection with activities pursuant to this Contract or in the discharge of its
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obligations hereunder, and the Consultant shall use its best efforts to ensure
that any Sub-consultants, as well as the Experts and agents of either of them,
similarly shall not receive any such additional payment.
21.1.2 Furthermore, if the Consultant, as part of the Services, has the

responsibility of advising the Client on the procurement of goods, works or
services, and shall at all times exercise such responsibility in the best interest
of the Client. Any discounts or commissions obtained by the Consultant in the
exercise of such procurement responsibility shall be for the account of the
Client.
b) Consultant and 21.1.3 The Consultant agrees that, during the term of this Contract and after
Affiliates Not to its termination, the Consultant and any entity affiliated with the Consultant, as
Engage in well as any Sub-consultants and any entity affiliated with such Sub-
consultants, shall be disqualified from providing goods, works or non-
Certain
consulting services resulting from or directly related to the Consultant’s
Activities Services for the preparation or implementation of the project.
c) Prohibition of 21.1.4 The Consultant shall not engage and shall cause its Experts as well as
Conflicting its Sub-consultants not to engage, either directly or indirectly, in any business
Activities or professional activities that would conflict with the activities assigned to
them under this Contract.
d) Strict duty to 21.1.5 The Consultant has an obligation and shall ensure that its Experts and
disclose Sub-consultants shall have an obligation to disclose any situation of actual or
Conflicting potential conflict that impacts their capacity to serve the best interest of their
Client, or that may reasonably be perceived as having this effect. Failure to
Activities
disclose said situations may lead to the disqualification of the Consultant or
the termination of its Contract.
22. Confidentiality Except with the prior written consent of the Client, the Consultant and the
Experts shall not at any time communicate to any person or entity any
information acquired in the course of the Services, nor shall the Consultant
and the Experts make public the recommendations formulated in the course
of, or as a result of, the Services.
Subject to additional provisions, if any, set forth in the SCC, the Consultant’s
23. Liability of the liability under this Contract shall be as determined under the Applicable Law.
Consultant
a. The Consultant shall be responsible for, and shall indemnify the Client, in
respect of loss of or damage to equipment and materials furnished by the
Client, or purchased by the Consultant in whole or in part with funds
provided by the Client.
b. The Consultant undertakes full responsibility in respect of life, health, and
accidents for the Experts and for the dependents of any such Expert.
c. The Consultant shall indemnify the Client from and against any and all
claims, liabilities, obligations, losses, damages, penalties, actions,
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judgment, suits, proceedings, demands, costs, expenses and
disbursements of whatsoever nature that may be imposed on, incurred by
or asserted against the Client during or in connection in the Services by
reason of:
i) infringement or alleged infringement by the Consultant of any patent
or other protected right; or
ii) plagiarism or alleged plagiarism by the Consultant.
d. The Consultant shall ensure that all goods and services (including without
limitation all computer hardware, software and systems) procured by the
Consultant out of funds provided or reimbursed by the Client or used by
the Consultant in the carrying out of the Services do not violate or infringe
any industrial property or intellectual property right or claim of any Third
Party.
e. The Consultant shall indemnify, protect and defend at their own expense
the Client, and its agents and employees from and against any and all
actions, claims, losses or damages arising out of Consultant’s failure to
exercise the skill and care required under Clause GCC 20. a provided,
however:
i. that the Consultant is notified of such actions, claims, losses or
damages not later than twelve (12) months after conclusion of the
Services, unless a different period of time is otherwise specified in the
SCC;
ii. that the ceiling on Consultant’s liability shall be limited to the amount
indicated in the SCC, except that such ceiling shall not apply to actions,
claims, losses or damages caused by Consultant’s gross negligence or
reckless conduct;
iii. that Consultant’s liability under Clause GCC 20. a shall be limited to
actions, claims, losses or damages directly caused by such failure to
exercise the said skill and care, and shall not include liability for any
actions, claims, losses or damages arising out of occurrences incidental
or indirectly consequential to such failure.
f. Upon request of the Client, the Consultant shall, at its own cost and
expense, re-perform the Services in the event of Consultant’s failure to
exercise the skill and care required under Clause GCC 20. a.
g. without prejudice to any express provision in the contract, consultant
shall be solely liable or responsible for any delay, lack of performance,
breach of agreement and/or any default under this contract.
24. Insurance to be The Consultant (i) shall take out and maintain, and shall cause any Sub-
taken out by the consultants to take out and maintain, at its (or the Sub-consultants’, as the
Consultant case may be) own cost but on terms and conditions approved by the Client,
insurance against the risks, and for the coverage specified in the SCC, and (ii)
at the Client’s request, shall provide evidence to the Client showing that such
insurance has been taken out and maintained and that the current premiums
therefore have been paid. The Consultant shall ensure that such insurance is
in place prior to commencing the Services as stated in Clause GCC 13.
2.7.19
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25. Accounting, The Consultant (i) shall keep accurate and systematic accounts and records in
Inspection and respect of the Services hereunder, in accordance with internationally
Auditing accepted accounting principles and in such form and detail as will clearly
identify all relevant time changes and costs, and the bases thereof, and (ii)
shall periodically permit the Client or its designated representative, and up to
five years from the expiration or termination of this Contract, to inspect the
same and make copies thereof as well as to have them audited by auditors
appointed by the Client, if so required by the Client as the case may be.
26. Reporting The Consultant shall submit to the Client the reports and documents, in the
Obligations form, in the numbers and within the time periods set forth in the ToR.
27. Proprietary 27.1 Unless otherwise indicated in the SCC, all reports and relevant data and
Rights of the information such as maps, diagrams, plans, databases, other documents and
Client in Reports software, supporting records or material compiled or prepared by the
Consultant for the Client in the course of the Services shall be confidential and
and Records
become and remain the absolute property of the Client. The Consultant shall,
not later than upon termination or expiration of this Contract, deliver all such
documents to the Client, together with a detailed inventory thereof. The
Consultant may retain a copy of such documents, data and/or software but
shall not use the same for purposes unrelated to this Contract without prior
written approval of the Client.
27.2 If license agreements are necessary or appropriate between the

Consultant and third parties for purposes of development of the plans,
drawings, specifications, designs, databases, other documents and software,
the Consultant shall obtain the Client’s prior written approval to such
agreements, and the Client shall be entitled at its discretion to require
recovering the expenses related to the development of the program(s)
concerned. Other restrictions about the future use of these documents and
software, if any, shall be specified in the SCC.
28. Equipment, 28.1 Equipment, vehicles and materials made available to the Consultant by
Vehicles and the Client, or purchased by the Consultant wholly or partly with funds
Materials provided by the Client, shall be the property of the Client and shall be marked
accordingly. Upon termination or expiration of this Contract, the Consultant
shall make available to the Client an inventory of such equipment, vehicles
and materials and shall dispose of such equipment, vehicles and materials in
accordance with the Client’s instructions. While in possession of such
equipment, vehicles and materials, the Consultant, unless otherwise
instructed by the Client in writing, shall insure them at the expense of the
Client in an amount equal to their full replacement value.
28.2 Any equipment or materials brought by the Consultant or its Experts into
the Client’s country for the use either for the project or personal use shall
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remain the property of the Consultant or the Experts concerned, as applicable.
29. Performance 29.1 As stated in the NIT Clause 2.4 c), the consultant shall provide the
Guarantee Employer with a Performance Guarantee for 10% of contract value in the
form of Bank Guarantee (as per format enclosed in Appendix B) provided by
an Indian branch of Public Sector Undertaking (PSU) Bank based in India that
is acceptable to the Employer. 10% of agreed contract value stated in the
Letter of Acceptance suitably adjusted in the event of modification of contact
value.
29.2 The Employer reserves the right to forfeit the performance guarantee
amount, in the event of termination of the contract arising due to the breach
of the contract by the consultant.
29.3 In the event of any defect coming to the notice of the Employer within
the period of 24 months from the completion of services and in the
eventuality of the consultant failing to rectify the same, the consultant will
forfeit the amount of the Performance Guarantee. The Performance Guarantee
shall remain valid up to 28 days beyond issue of Performance Certificate.
D. CONSULTANT’S EXPERTS AND SUB-CONSULTANTS
30. Description of 30.1 The title, agreed job description, minimum qualification and time-input
Key Experts estimates to carry out the Services of each of the Consultant’s Key Experts are
described in ToR.
30.2 If additional work is required beyond the scope of the Services specified
in ToR, the estimated time-input for the Key Experts may be increased by
agreement in writing between the Client and the Consultant. In case where
payments under this Contract exceed the ceilings set forth in Clause GCC 41.2,
the Parties shall sign a Contract amendment.
30.3 The Client and the Consultant shall review the deployment schedule on
timely basis (at least every 3 months) based on the Project progress.
30.4 The Consultant shall seek prior approval for deployment of all positions
even though sufficient man months are available.
30.5 8 weeks' notice period for either side for any demobilization. The start
date for demobilization is from the date client sends its intent. Notice period
is applicable only to the personnel/positions demobilized either by client or
by the Consultant within the tenure.
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30.6 The Consultant shall inform the Client in advance of two months for any
man-month extension based on the Project progress.
31. Replacement of 31.1 If key expert is required to be replaced on the instructions of the Client,
Key Experts the proposed replacement expert shall score the marks equivalent or more
compared to the original expert.
31.2 If key expert is required to be replaced on its own by the consultant, for
the reasons other than death, severe accidents, gross illness and
i.the marks scored by the proposed replacement key expert for the above
replacement is equivalent or more to the original key expert,
remuneration for the proposed replacement key expert will be 85% of
the original key expert and subsequently 10% reduction for each
replacement
ii.CV of key experts shall be provided within 30 days from the approval of
Client. Failing which the penalty shall be levied 50% of that expert rate
per month until submission of the CV or otherwise Client may have right
to engage the in-house or from market at Consultant’s risk and cost.
32. Approval of If during execution of the Contract, additional Key Experts are required to
Additional Key carry out the Services, the Consultant shall submit to the Client for review and
Experts approval a copy of their Curricula Vitae (CVs). If the Client does not object in
writing (stating the reasons for the objection) within twenty-two (22) days
from the date of receipt of such CVs, such additional Key Experts shall be
deemed to have been approved by the Client.
The rate of remuneration payable to such new additional Key Experts shall be
based on the rates for other Key Experts position which require similar
qualifications and experience.
33. Removal of 33.1 If the Client finds that any of the Experts or Sub-consultant has
Experts or Sub- committed serious misconduct or has been charged with having committed a
Consultants criminal action, or if the Client determines that a Consultant’s Expert or Sub-
consultant has engaged in Prohibited Practice while performing the Services,
the Consultant shall, at the Client’s written request, provide a replacement.
33.2 In the event that any of Key Experts, Non-Key Experts or Sub-consultants
is found by the Client to be incompetent or incapable in discharging assigned
duties, the Client, specifying the grounds therefore, may request the
Consultant to provide a replacement.
33.3 Key Experts, Non-Key Experts or Sub consultants who are found to be in
breach of the Consultant’s Code of Conduct (e.g. spreading communicable
diseases, sexual harassment, gender based violence, illicit activity or crime)
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shall be replaced by the Consultant, or at the Client’s written request.
33.4 Any replacement of the removed Experts or Sub-consultants shall

possess better qualifications and experience and shall be acceptable to the
Client.
33.5 If any expert is required to be replaced on the instructions of the Client,

the proposed replacement expert shall score the marks equivalent or more
compared to the original expert.
33.6 If any expert is required to be replaced on its own by the consultant, for
the reasons other than death, severe accidents, gross illness and
i) the marks scored by the proposed replacement expert for the above
replacement is equivalent or more to the original expert, remuneration for the
proposed replacement expert will be 90% of the original expert and
subsequently 10% reduction for each replacement.
ii) CV of expert shall be provided within 30 days from the approval of Client.
Failing which the penalty shall be levied 10% of the expert rate per month
until submission of the CV.
 33.7 Penalty for change in Key Staff on which the consultant qualify on
the basis of CV of Key staff is Rs. 10 lakh per occurrence.
33.8 Penalty equivalent to one monthly billing rate of a personnel shall be

recovered for the period of non-deployment of the expert for first 4 months
and similar penalty for every 3 months block subsequently.
34. Replacements/ Except as the Client may otherwise agree, (i) the Consultant shall bear all
additional travel and other costs arising out of or incidental to any removal
Removal of
and/or replacement, and (ii) the remuneration to be paid for any of the
Experts – Impact
Experts provided as a replacement shall not exceed the remuneration which
of Payments would have been payable to the Experts replaced or removed.
35. Working Hours, 35.1 Working hours and holidays for Experts shall be as per client’s
Leave, Overtime instructions.
etc.
35.2 The Experts shall not be entitled to be paid for overtime nor to take paid
sick leave or vacation leave, and the Consultant’s remuneration shall be
deemed to cover these items.
35.3 Any taking of leave by Experts shall be subject to the prior approval by
the Client. Consultant shall ensure that absence for leave purposes will not
delay the progress and or impact adequate supervision of the Services.
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E. OBLIGATIONS OF THE CLIENT

Unless otherwise specified in the SCC, the Client shall use its best efforts to:
36. Assistance and
Exemptions
(a) Assist the Consultant with obtaining work permits and such other
documents as shall be necessary to enable the Consultant to perform
the Services.
(b) Assist the Consultant with promptly obtaining, for the Experts and, if
appropriate, their eligible dependents, all necessary entry and exit
visas, residence permits, exchange permits and any other documents
required for their stay in the Client’s country while carrying out the
Services under the Contract.
(c) Facilitate prompt clearance through customs of any property required for
the Services and of the personal effects of the Experts and their eligible
dependents.
(d) Issue to officials, agents and representatives of the Government all such
instructions and information as may be necessary or appropriate for
the prompt and effective implementation of the Services.
(e) Assist the Consultant and the Experts and any Sub-consultants employed
by the Consultant for the Services with obtaining exemption from any
requirement to register or obtain any permit to practice their
profession or to establish themselves either individually or as a
corporate entity in the Client’s country according to the applicable law
in the Client’s country.
(f) Assist the Consultant, any Sub-consultants and the Experts of either of
them with obtaining the privilege, pursuant to the Applicable Law in the
Client’s country, of bringing into the Client’s country reasonable
amounts of foreign currency for the purposes of the Services or for the
personal use of the Experts and of withdrawing any such amounts as
may be earned therein by the Experts in the execution of the Services.
(g) Provide to the Consultant any such other assistance as may be specified in
the SCC.
37. Access to Project The Client warrants that the Consultant shall have, free of charge, unimpeded
Site access to the project site in respect of which access is required for the
performance of the Services. The Client will be responsible for any damage to
the project site or any property thereon resulting from such access and will
indemnify the Consultant and each of the experts in respect of liability for any
such damage, unless such damage is caused by the willful default or
negligence of the Consultant or any Sub-consultants or the Experts of either of
them.
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38. Change in the If, after the date of this Contract, there is any change in the Applicable Law in
the Client’s country with respect to taxes and duties which increases or
Applicable Law
decreases the cost incurred by the Consultant in performing the Services, then
related to Taxes
the remuneration and reimbursable expenses otherwise payable to the
and Duties Consultant under this Contract shall be increased or decreased accordingly by
agreement between the Parties hereto, and corresponding adjustments shall
be made to the ceiling amounts specified in Clause GCC 42.1
39. Services, Facilities The Client shall make available to the Consultant and the Experts, for the
purposes of the Services and free of any charge, the services, facilities and
and Property of
property described in the Terms of Reference at the times and in the manner
the Client
as specified.
40. Counterpart 40.1 The Client shall make available to the Consultant free of charge such
professional and support counterpart personnel, to be nominated by the
Personnel
Client with the Consultant’s advice, if specified in ToR.
40.2 If counterpart personnel are not provided by the Client to the Consultant
as and when specified in ToR, the Client and the Consultant shall agree on (i)
how the affected part of the Services shall be carried out, and (ii) the
additional payments, if any, to be made by the Client to the Consultant as a
result thereof pursuant to Clause GCC 42.3.
40.3 Professional and support counterpart personnel, excluding Client’s

liaison personnel, shall work under the exclusive direction of the Consultant.
If any member of the counterpart personnel fails to perform adequately any
work assigned to such member by the Consultant that is consistent with the
position occupied by such member, the Consultant may request the
replacement of such member, and the Client shall not unreasonably refuse to
act upon such request.
41. Payment In consideration of the Services performed by the Consultant under this
Contract, the Client shall make such payments to the Consultant and in such
Obligation
manner as is provided by clause GCC F below.
F. PAYMENTS TO THE CONSULTANT
42. Ceiling Amount

421 An estimate of the cost of the Services is set forth in Form FIN-2.
42.2 Payments under this Contract shall not exceed the ceilings in specified in
the SCC.
42.3 For any payments in excess of the ceilings specified in SCC 42.2, an
amendment to the Contract shall be signed by the Parties referring to the
provision of this Contract that evokes such amendment.
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43. RemunerationAn 43.1 The Client shall pay to the Consultant (i) remuneration that shall be
determined on the basis of time actually spent by each Expert in the
dReimbursable
performance of the Services after the date of commencing of Services or such
Expenses
other date as the Parties shall agree in writing; and (ii) reimbursable
expenses that are actually and reasonably incurred by the Consultant in the
performance of the Services.
43.2 All payments shall be at the rates set forth in form FIN-2,3&4.
43.3 Unless the SCC provides for the price adjustment of the remuneration
rates, said remuneration shall be fixed for the duration of the Contract.
43.4 The remuneration rates shall cover: (i) such salaries and allowances as
the Consultant shall have agreed to pay to the Experts as well as factors for
social charges and overheads (bonuses or other means of profit-sharing shall
not be allowed as an element of overheads), (ii) the cost of backstopping by
home office staff not included in the Experts’ list, (iii) the Consultant’s profit,
and (iv) any other items as specified in the SCC.
43.5 Any rates specified for Experts not yet appointed shall be provisional and
shall be subject to revision, with the written approval of the Client, once the
applicable remuneration rates and allowances are known.
44. Taxes and Duties 44.1 The Consultant, Sub-consultants and Experts are responsible for
meeting any and all tax liabilities arising out of the Contract unless it is stated
otherwise in the SCC.
44.2 As an exception to the above and as stated in the SCC, all local
identifiable indirect taxes are reimbursed to the Consultant or are paid by the
Client on behalf of the Consultant.
45. Currency of
Payment Any payment under this Contract shall be made in the Indian Rupees (INR)
only.
46. Mode of Billing Billings and payments in respect of the Services shall be made as follows:
and Payment a) Within twenty eight (28) days after the receipt of the advance
payment security and the invoice for advance payment, the Client
shall pay to the Consultant an advance payment, as aloan for
mobilization and cash flow support, as specified in the SCC. The
advance payment security shall be in the amount (or amounts) and in
the currency (or currencies) of the advance payment specified in the
SCC. Such security (i) is to remain effective until the advance payment
has been fully set off, and (ii) is to be in the form set forth in
Appendix A, or in such other form as the Client shall have approved in
writing. The advance payments will be set off by the Client in equal
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installments against the statements for the number of months of the
Services specified in the SCC until said advance payments have been
fully set off.
b) As soon as practicable and not later than fourteen (14) days after
the end of each calendar month during the period of the Services, or
after the end of each time intervals otherwise indicated in the SCC,
the Consultant shall submit to the Client, in duplicate, itemized
invoices, accompanied by the receipts or other appropriate
supporting documents, of the amounts payable pursuant to Clauses
GCC 44 and GCC 45 for such interval, or any other period indicated
in the SCC. Separate invoices shall be submitted for expenses
incurred in foreign currency and in local currency. Each invoice
shall show remuneration and reimbursable expenses separately.
c) The Client shall pay the Consultant’s invoices within twenty
eight(28) days after the receipt by the Client of such itemized
invoices with supporting documents. Only such portion of an
invoice that is not satisfactorily supported may be withheld from
payment. Should any discrepancy be found to exist between actual
payment and costs authorized to be incurred by the Consultant, the
Client may add or subtract the difference from any subsequent
payments
d) The final payment under this Clause shall be made only after
the final report and a final invoice, identified as such, shall
have been submitted by the Consultant and approved as
satisfactory by the Client. The Services shall be deemed
completed and finally accepted by the Client and the final report
and final invoice shall be deemed approved by the Client as
satisfactory eighty-four (84) days after receipt of the final report
and final invoice by the Client unless the Client, within such eighty-
four (84) day period, gives written notice to the Consultant
specifying in detail deficiencies in the Services, the final report or
final invoice. The Consultant shall thereupon promptly make any
necessary corrections, and thereafter the foregoing process shall be
repeated. Any amount that the Client has paid or caused to be paid
in accordance with this Clause GCC 45 (d) in excess of the amounts
actually payable in accordance with the provisions of this Contract
shall be reimbursed by the Consultant to the Client within twenty-
eight (28) days after receipt by the Consultant of notice thereof.
Any such claim by the Client for reimbursement must be made
within fourteen (14) calendar months after receipt by the Client of
a final report and a final invoice approved by the Client in
accordance with the above.
e) All payments under this Contract shall be made to the accounts of the
Consultant specified in the SCC.
f) Payments in respect of remuneration or reimbursable expenses, which
exceed the cost estimates for these items as set forth in FIN-3 and FIN-
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4, if such expenses were approved by the Client prior to being
incurred.
g) With the exception of the final payment under (d) above, payments do
not constitute acceptance of the Services nor relieve the Consultant of
any obligations hereunder.
G. FAIRNESS AND GOOD FAITH
47. 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.
H. DISPUTE RESOLUTION
i. If a dispute (of any kind whatsoever) arises between the Parties in

48. Standing connection with or arising out of the contract or the execution of the works,
Grievance including any dispute as to any opinion, instruction, determination,
Redressal certification or valuation of the Employer’s Representative, either party shall
initially refer the same in writing to Standing Grievance Redressal Committee
Committee
(here in after termed as SGRC).Three numbers of Standing Grievance Redress
(SGRC) Committees’ have been formed by the Employer to address such disputes
raised by either Party.
ii. The Employer shall communicate one SGRC to resolve the dispute
within 28 days from the date of commencement. The SGRC members shall
comprise three members not below the rank of Additional General Manager,
MMRDA, but those who have not dealt with the subject contract or disputed
matter.
iii. If any dispute is referred to the SGRC, it will within a week of receipt of
such request acknowledge and convene a meeting with both the parties. The
committee will go through the submitted documents, hear the parties and
attempt at finding an amicable solution within 28 days of receipt of such
reference by the SGRC. If any settlement is arrived at the Standing Grievance
Redressal Committee, the same shall be recorded in writing as a settlement
agreement and be signed by the Consultant, Engineer, Employer and all
committee members. Such settlement shall be final and binding on the parties
with regards to the disputes so resolved.
iv. If the Standing Grievance Redressal committee fails to settle all
or part of the dispute within 28 days, the same shall be notified to the parties.
Thereafter, it is left to the parties to refer the unresolved disputes to DB. In
such case, either Party may give notice in writing, with copies to the other
party and the Employer’s Representatives of its intention to refer such
dispute-to-Dispute Board, within 28 days of such notice by SGRC.
Page 105 of 130

i. The DB shall be appointed as and when the first request is raised,
49. Dispute Board consequent to failure at SGRC, within 28 days of receipt of such request by
(DB) the employer.
ii. The DB shall comprise three members. The Employer shall, within fifteen
days from the date of receipt of notice under clause 47 (v), send a list of 20
(twenty) independent and neutral members who shall be professionals
experienced in the relevant field. These names are obtained from those
Organizations, for the purpose of nominating them as DB
Members/Conciliator, who are also not ex-employees or directly or in-
directly associated with MMRDA. The panel list shall be indicative. Each
party shall choose any one member from the panel provided by the
Employer. The first two members shall recommend a third member from
the panel and the Parties shall agree upon the same, who shall then act as
Chairman of the DB.
iii. Each DB members shall be paid a retainer fee of Rs.20,000/-per month. In
addition to the retainer fees a sum of Rs.20,000/-shall be paid per sitting /
site visit. Apart from above, if the member is from outstation reasonable
expenses towards travel by air in economy class, 3-star hotel
accommodation and a daily local conveyance allowance up to Rs.3,000/-
shall be reimbursed per sitting/site visit against submission of original
bills/vouchers. The remuneration payable to the adjudicators shall be
shared equally by both Parties
iv. If at any time the Parties so agree, they may jointly refer a dispute or any
matter to the DB for it to give its opinion. Neither Party shall consult the DB
members on any matter without the agreement of the other Party.
v. If any member of the DB declines to act or is unable to act as a result of
death, disability, resignation or termination of appointment, a replacement
shall be made in the same manner as the replaced person was appointed.
vi. The appointment of any member may be terminated by mutual agreement
of both Parties, but not by the Employer or the Consultant acting alone.
vii. The DB shall be appointed as and when a request is raised
viii. If either party is dissatisfied with the DB’s decision, then the party, on or
before 28 days on receipt of such decision, shall notify the other party of its
dissatisfaction, and its intention to refer the dispute for Conciliation, to the
Conciliator, failing which the decision of the DB shall be final and binding.
49.1 Obtaining Dispute Board’s Decision

i. For a DB of three persons, the DB shall be deemed to have received
such reference on the date when it is received by the chairman of the
DB.
ii. Both Parties shall promptly make available to the DB all such
additional information, further access to the Site, and appropriate
facilities, as the DB may require for the purposes of making a decision
on such dispute. The DB shall be deemed to be not acting as
arbitrator(s).
iii. Within 84 days after receiving such reference, or within such other
Page 106 of 130
period as may be proposed by the DB and approved by both Parties,
the DB shall give its decision, which shall be reasoned and shall state
that it is given under this Sub-Clause. The decision shall be binding on
both Parties, who shall promptly give effect to it unless and until it
shall be revised in Conciliation or an arbitral award as described
below. Unless the Contract has already been abandoned, repudiated
or terminated, the Contractor shall continue to proceed with the
Works in accordance with the Contract.
iv. If either Party is dissatisfied with the DB’s decision, then either Party
may, within 28 days after receiving the decision, give a Notice of
Dissatisfaction to the other Party indicating its dissatisfaction and
intention to commence Conciliation. If the DB fails to give its decision
within the period of 84 days (or as otherwise approved) after
receiving such reference, then either Party may, within 28 days after
this period has expired, give a Notice of Dissatisfaction to the other
Party.
v. In either event, this Notice of Dissatisfaction shall state that it is given
under this Sub-Clause, and shall set out the matter in dispute and the
reason(s) for dissatisfaction. Except as stated in Sub-Clause 48.2
[Failure to Comply with Dispute Board’s Decision] and Sub-Clause
48.3 [Expiry of Dispute Board’s Appointment], neither Party shall be
entitled to commence Conciliation of a dispute unless a Notice of
Dissatisfaction has been given in accordance with this Sub-Clause. If
the DB has given its decision as to a matter in dispute to both Parties,
and no Notice of Dissatisfaction has been given by either Party within
28 days after it received the DB’s decision, then the decision shall
become final and binding upon both Parties.
49.2 Failure to Comply with Dispute Board's Decision

In the event that a Party fails to comply with a final and binding DB decision,
then the other Party may, without prejudice to any other rights it may have,
refer the failure itself to Conciliation under Clause 49.
2.7.20
2.7.21
49.3 Expiry of Dispute Board’s Appointment:
If a dispute arises between the Parties in connection with, or arising out of,
the Contract or the execution of the Works and there is no DB in place,
whether by reason of the expiry of the DB’s appointment or otherwise: (a)
Sub-Clause 48.1 [Obtaining Dispute Board’s Decision] shall not apply, and the
dispute may be referred directly to Conciliation.
i. There shall be a Conciliator well experienced in required field who will carry
50. Conciliation out the conciliation process under part III of the Indian Arbitration and
2.7.22 Conciliation Act, 1996 as amended by the Arbitration and Conciliation
(Amendment) Act 2015.
Page 107 of 130
ii. If the dispute is not resolved through DB and notice of dissatisfaction has
been given by either party, the parties shall attempt to settle such dispute
through Conciliation.
iii. Both parties will agree for nominating sole Conciliator from the list provided
by the Employer. Such Conciliator shall be nominated by the party seeking
Conciliator from the List maintained by the Employer. The Employer shall,
within fifteen days from the date of receipt of such dissatisfaction notice,
send a panel of 5 (Five) independent and neutral members who shall be
professionals, experienced in the relevant field.
iv. Conciliation proceedings shall commence when the party submit a brief
statement of the claims/disputes to the conciliator.
v. The Conciliator shall be paid a fee of Rs. 50000/- per sitting plus Rs.5000/-
towards local transport charges for each day of proceedings. An outstation
member shall be reimbursed the air fare by economy class and hotel
accommodation additionally. Applicable taxes, if any, shall be reimbursed as
per actuals. The expenditure shall be shared equally by both the parties.
vi. Administrative assistance (in furtherance of Section-68 of the
Act) shall be extended by such expert Technical and Secretarial team as the
Conciliator may require for efficient discharge of its functions. The parties
may provide the same to the satisfaction of the Conciliator. The expenditure
towards the same shall be borne equally by both the parties.
vii. The Conciliator shall hold itssitting at a designated place in Mumbai.
Conciliator may hold as many sittings every month as it deems appropriate
keeping in view the volume of work at its disposal. The proceedings shall be
completed within 10 sittings in a period of 6 months. In case more sittings
are required by the Conciliator, the same may be held at the discretion of the
Conciliator with the consent of the parties.
viii. The procedures and methodologies of the Conciliation proceedings shall be
evolved by the Conciliator in its first meeting. The Forum of Conciliator is a
settlement forum, where mutual give and take constitutes the essence, rather
than strict legal positions of the parties. The parties are expected to be brief
and to the point before the Conciliator with regards to their respective stand
and views to exercise the spirit of settlement.
ix. The Parties before the Conciliator shall be represented by a senior Executive
and regular employee of the company, supported by an Authorization letter
to enter into a Settlement Agreement. The representing parties appearing
before the Conciliator shall be capable of taking decision immediately and
settle the dispute.
x. The Conciliator shall be guided by principles of objectivity, fairness and
justice, giving consideration to other things, the rights and obligations of the
parties and usage of the trade practice and circumstances surrounding the
dispute and suggest the proposal for a settlement of the dispute. If a
settlement is arrived at, the same shall be recorded as a settlement
agreement and signed by the Contractor, Employer and the Conciliator. The
settlement agreement shall be final and binding on the parties in terms of
section 73 of the Arbitration and Conciliation Act 1996 as amended.
Page 108 of 130
xi. In case of failure of the conciliation process, the Conciliator shall write a
declaration after consultation with the parties to the effect that further
efforts at conciliation are no longer justified on the date of declaration.
xii. If any dispute between the parties is not resolved through Conciliation, either
party on or before 30 days from the date of declaration of Conciliator, shall
give notice in writing to the other party of its intention to refer such dispute
to Arbitration.
i. Any dispute between the Parties arising out of or in connection with the
51. Arbitration Contract, not settled under Conciliation in accordance with Clause 49
above, shall be finally settled by arbitration. The rules governing
2.7.23 arbitration shall be as under.
ii. The dispute shall be referred to an Arbitral Tribunal comprising three
members. Either Party may propose to the other Party for referring
the dispute to Arbitration. If the proposal is initiated by the
Contractor, such proposal shall be addressed to the Employer and
the Employer shall, within fifteen days from the date of receipt of
such proposal, send a Panel of Arbitrators maintained by the
Employer to the Contractor. The Panel of Arbitrators, maintained by
the Employer, consisting of independent persons, shall meet with
the requirement relating to the independence or impartiality of
arbitrators referred to in the Fifth and Seventh schedules, read with
Section 12, sub-sections (1) (a), (b) and (5) of the Indian Arbitration
and Conciliation Act, 1996 as amended by the Arbitration and
Conciliation (Amendment) Act 2015.
iii. The Contractor shall nominate an arbitrator from the said Panel
within fifteen days from the date of receipt of the Panel from the
Employer. The Employer shall nominate its Arbitrator from the said
Panel within 15 days thereafter.
iv. If the proposal for referring the dispute to Arbitration is made by the
Employer to the Contractor, it shall forward such proposal to the
Contractor along with the nomination of its Arbitrator from the said
Panel. The Contractor shall, within fifteen days of receipt of the
Panel from the Employer, nominate its arbitrator from the same
Panel.
v. If either party fails to nominate its Arbitrator within the prescribed
time limit as mentioned above, after the nomination by the other
party, then such other party, after the expiry of the prescribed time
limit, has the right to nominate the arbitrator from the said Panel,
on behalf of the party failing to nominate. The two arbitrators
nominated by the Contractor and the Employer as above, shall
appoint the Presiding Arbitrator from the Panel referred above, by
mutual consultation among themselves, within 15 days of the
appointment of the second Arbitrator.
vi. If no consensus is reached within 15 days regarding the appointment of
the Presiding Arbitrator, either party may apply to the Designated
Court referred to in the Arbitration and Conciliation Act, 1996 as
Page 109 of 130
amended by the Arbitration and Conciliation (Amendment) Act 2015
for the appointment of the Presiding Arbitrator.
vii. The Parties agree that the selection and nomination of Arbitrators from
the Panel should be based on the nature and subject matter of dispute
to be adjudicated upon, that is, the nominated Arbitrators shall have
sufficient knowledge and experience to decide upon the disputed
matter.
viii. In the event of an arbitrator dying, neglecting or refusing to act or
resigning or being unable to act for any reason, it shall be lawful to
appoint another arbitrator in place of the outgoing arbitrator in the
manner aforesaid.
ix. Subject to aforesaid, the Arbitration and ConciliationAct,1996 as
amended from time to time, and the rules thereunder and any
statutory modifications thereof for the time being in force shall be
deemed to apply to the arbitration proceedings under this clause.
x. The seat and venue of the arbitration shall be Mumbai. The cost of
Arbitration including the fees of the Arbitrators shall be borne equally
by both the parties.
xi. The arbitrators shall have full power to open up, review and revise any
certificate, determination, instruction, opinion or valuation of the
Engineer, and any decision of the DB relevant to the dispute. Nothing
shall disqualify representatives of the Parties and the Engineer from
being called as a witness and giving evidence before the arbitrators in
any matter whatsoever relevant to the dispute.
xii. Neither Party shall be limited in the proceedings before the
arbitrators to the evidence or arguments previously put before the
DB to obtain its decision, or to the reasons for dissatisfaction given in
its Notice of Dissatisfaction. Any decision of the DB shall be admissible
in the arbitration.
xiii. Arbitration may be commenced prior to or after completion of the
Works. The obligations of the Parties, the Engineer and the DB shall
not be altered by reason of any arbitration being conducted during the
progress of the Works.
Page 110 of 130

II. General Conditions

Attachment 1
Prohibited Practices
1. The Client requires that the Client (and all other beneficiaries of the Client financing), as well as
tenderers, suppliers, contractors, concessionaires and consultants under Client-financed contracts for
the Project, observe the highest standard of transparency and integrity during the procurement,
execution and implementation of such contracts.
2. Definitions. In pursuance of this policy, the Client defines the terms set forth below as Prohibited
Practices:
(a) “coercive practice” means impairing or harming, or threatening to impair or harm, directly or
indirectly, any party or the property of a party to influence improperly the actions of a party;
(b) “collusive practice” means an arrangement between two or more parties designed to achieve
an improper purpose, including to influence improperly the actions of another party;
(c) “corrupt practice” means the offering, giving, receiving or soliciting, directly or indirectly, of
anything of value to influence improperly the actions of another party;
(d) “fraudulent practice” means any act or omission, including a misrepresentation, that
knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other
benefit or to avoid an obligation.
(e) “misuse of resources” means improper use of the Client’s resources, carried out either
intentionally or through reckless disregard;
(f) “obstructive practice” means any of the following practices: (i) deliberately destroying,
falsifying, altering or concealing of evidence material to a Client investigation; (ii) making false
statements to investigators in order to materially impede a Client investigation into allegations
of a Prohibited Practice; (iii) failing to comply with requests to provide information, documents
or records in connection with a Client investigation; (iv) threatening, harassing or intimidating
any party to prevent it from disclosing its knowledge of matters relevant to a Client
investigation or from pursuing the investigation; or (v) materially impeding the exercise of the
Client’s contractual rights of audit or inspection or access to information; and
“theft” means the misappropriation of property belonging to another party.3. Any occurrence, or
suspected occurrence, of a Prohibited Practice in the procurement, award, or implementation of a
Client-financed contract is dealt with in accordance with the provisions of the Client’s Policy on
Prohibited Practices. Suppliers, contractors, service providers and consultants selected pursuant to the
provisions of Section II and concessionaires selected pursuant to paragraph 14.3 of the Client’s
Procurement Instructions for Clients, as well as the Client shall fully cooperate with the Client (or a
financier undertaking an investigation pursuant to paragraph 6.1 of the Client’s Procurement
Instructions for Clients) in any investigation into an alleged Prohibited Practice to be carried out
Page 111 of 130

pursuant to the Policy on Prohibited Practices, and permit the Client or its representative (including
such co-financier) to inspect such of their accounts and records as may be relevant for such
investigation and to have such records and accounts audited by the auditors appointed by the Client4.
Provisions to this effect are included in the Legal Agreements and the procurement contracts with such
entities.5. If theProject is financed by a sovereign-backed loan, the Client (or, where relevant, a co-
financier having undertaken an investigation pursuant to paragraph 6.1 of the Client’s Procurement
Instructions for Clients):
(a) may take any of the following additional actions in connection with a Prohibited Practice under the
Project:
i. reject a bid for award if it determines that the tenderer recommended for award, or any of its
personnel, or its agents, or its sub-consultants, subcontractors, service providers, suppliers or their
employees, has, directly or indirectly, engaged in a prohibited practice in competing for the
contract in question; and
ii. cancel the undisbursed portion of the loan allocated to a contract (and require reimbursement of
the disbursed portion of the loan allocated to the contract) if it determines at any time that
representatives of the Client or of a Client of any part of the proceeds of the loan engaged in a
prohibited practice during the procurement, administration or implementation of the contract in
question; and
(b) requires that a clause be included in tender documents and in contracts financed by the Client loan,
requiring tenderers, suppliers and contractors, and their subcontractors, agents, personnel, consultants,
service providers, or suppliers, to permit the Client (and a co-financier undertaking an investigation
pursuant to paragraph 6.1 of the Client’s Procurement Instructions for Clients) to inspect all accounts,
records, and other documents relating to the submission of tenders and contract performance, and to have
them audited by auditors appointed by the Client.
Page 112 of 130

III. Special Conditions of Contract
Number of GC Amendments of, and Supplements to, Clauses in the General

Clause Conditions of Contract
1.1(a) The Contract shall be construed in accordance with the law of

Republic of India
6.1 and 6.2 The addresses are:
Client: Executive Engineer, New MMRDA Building, BKC, Bandra East,

Mumbai
Attention: Shekhar Bhadane, Executive Engineer,
E-mail:[email protected]
Consultant:To be filled after award of Contract

Attention :To be filled after award of Contract
E-mail:To be filled after award of Contract
8 The Lead Member on behalf of the JV is
9 The Authorized Representatives are:
For the Client: Engineer-In-Chief, MMRDA or any other person

authorized by him on his behalf
For the Consultant: [name, title]

% of share of each firm, in case of JV:
Termination of Contract for Failure to Become Effective:
12
The time period shall be 2 Months
14 Expiration of Contract:
The time period shall be 78 months inclusive of 24 months DLP
16 In case of increase/extension in man-months beyond the man-months

specified in the Contract, the Consultant shall be paid based on the man-
month rates quoted in the FORM-FIN-2 & 3. The same shall also be
subject to price adjustment in accordance with the conditions stated in
Clause 43.3.
Page 113 of 130

23 The Consultant is expected to exercise the required professional skill

and expertise in delivering its services for the project. In cases of any
damages are suffered by the Client for the short comings/failure in the
services by the Consultant, costs towards the damages so suffered shall
be recovered by the Client from the Consultant. Examples of short
comings/failure in the services are like wrong decisions given by the
Consultant or its personnel leading to safety hazard, delay, loss, etc.
However, such loss or damage shall not exceed the total value of the
Contract.
24 The insurance coverage against the risks shall be as follows:
a) Professional liability insurance, with a minimum coverage of full
Contract value.
b) Third Party motor vehicle liability insurance in respect of motor
vehicles operated in the Client’s country by the Consultant or its
Experts or Sub-consultants.
c) Employer’s liability and workers’ compensation insurance in
respect of the experts and Sub-consultants in accordance with the
relevant provisions of the applicable law in the Client’s country, as
well as, with respect to such Experts, any such life, health,
accident, travel or other insurance as may be appropriate; and
d) Insurance against loss of or damage to (i) equipment purchased in
whole or in part with funds provided under this Contract, (ii) the
Consultant’s property used in the performance of the Services, and
(iii) any documents prepared by the Consultant in the
performance
The ceiling of the
in INRis: Services.
________ [insert amount]
42.2
[exclusive of GST.
Any indirect local taxes chargeable in respect of this Contract for the
Services provided by the Consultant, shall be reimbursed by the Client to
the Consultant separately only on submission of documents
substantiating the proof of payment & filing of the requisite returns.
The amount of such taxes is__________[insert the amount as provided by
the Consultant in Form FIN-2 of the Consultant’s Financial Bid.
43.2 Remunerations for periods of less than one month shall be calculated on
an hourly basis for actual time spent in the consultant’s home office and
directly attributable to the services (one-hour equivalent to 1/240th of
amonth) and on a calendar day basis for time spent away from home
office (1 day being equivalent to 1/30th of month). 10 hrs per day (8 +2
hours for lunch and relaxation) for 24 days in a month is considered for
calculating one-hour equivalent.
Page 114 of 130

FROM ORANGE GATE - EASTERN FREEWAY TO COASTAL ROAD AT MARINE DRI VE AT MUMBAI ISLAND CITY
43.3 Payments for remunera

remuneration
tion made in accordance with Clause GCC
43 shall be adjusted as follows:
The Remuneration rates in INR set forth in FIN

FIN-33 shall be adjusted, for
the mobilized positions, every 12 months (and, for the first time, with
effect for the remuneration earned in tthe
he 13th calendar month after the
date of the Contract) by applying the following formula:
(i) When adjustment due date falls before original date of completion of
services
(ii) When adjustment due date falls in extension period for which
extension is sanctioned for reasons not attributable to the consultant.
Where,
Rlis the adjusted remuneration/ payment,
Rlois the remuneration/ payment payable on the basis of the rates set forth
in Form FIN FIN-3 Section-3
3 for remuneration/payment payable in local
currency.
Ilis all India Consumer Price Index for Industrial Workers as published by
RBI (Reserve Bank of India) Bulletin for INR for the first month for which
the adjustment is supposed to have effect; and
Iloall India Consumer Price Index for Industrial Work

Workers
ers as published by
RBI (Reserve Bank of India) Bulletin for INR for the month of the date of
the contract.
Further, in addition to the above, in case any personnel is continuing for

more than 12 months from date of deployment then additional amount @
3% off the accepted remuneration rate of such personnel shall also be
payable every 12 months from date of deployment of such personnel.
Reimbursable Expenses are not applicable for this assignment
Page 115 of 130

44.1 and 44.2 The Client warrants that “the Client shall reimburse the Consultant, the Sub-
consultants and the Experts” any indirect taxes, duties, fees, levies, under the
applicable law in the Client’s country,
46 (a) Amount of
Advance Payment 10% of that portion of the Accepted Contract against submission of 10% Bank
(Mobilisation Guarantee. Advance will be paid in two stages. The Advance BG shall be
Advance) : released only after recovery of 100% Mobilisation advance and applicable
interest thereon.
Rate of interest Simple interest of 11.5 % (SBI MCLR + 3) per annum would be applicable on
any advance payment made.
Recovery shall be made in suitable percentage of all subsequent interim

payment, together with the interest payable up to that date, until such time, the
loan together with interest shall be completely repaid by the time 80 percent of
value of the works are completed or before completion/foreclosure of the
Recovery of Contract.
Advance payment If the advance payment has not been repaid prior to the issue of the Taking-
Over Certificate for the Works or prior to termination under Clause 15
[Termination by Employer], Clause 16 [Suspension and Termination by
Contractor] or Clause 19
[Force Majeure] (as the case may be), the whole of the balance then
outstanding shall immediately become due and payable by the Contractor to
the Employer
The advance payment shall be repaid through percentage deductions in
Interim payment Certificates.
Percentage a) Deduction shall commence in Interim payment certificate in which the total
deductions for the of all
repayment of the
Advance Payment: certified interim payments (excluding advance payment and deductions and
repayments of retention) exceeds 10% of the Accepted Contract Amount
amortisation rate of one-quarter (25%) of the amount of the each interim
payment certificate (excluding advance payment and deductions and
repayments of retention)
46 (e) The accounts are: To be filled post award
46 (h) Paid Schedule as per Appendix D
Page 116 of 130

ISLAND CITY
IV. Appendices
APPENDIX A - FORM OF ADVANCE PAYMENTS GUARANTEE

[See Clause GCC 41.2.1 and SCC 41.2.1]
{Guarantor letterhead or SWIFT identifier code}
Bank Guarantee for Advance Payment
Guarantor: ____________________________________ [insert commercial Bank’s Name, and Address of Issuing

Branch or Office]
Beneficiary: _____________________________ [insert Name and Address of Client]
Date: _____________________ [insert date]
ADVANCE PAYMENT GUARANTEE No.: [insert number]
We have been informed that _________________________________ [name of Consultant or a name of the Joint
Venture, same as appears on the signed Contract] (hereinafter called "the Consultant") has
entered into Contract No. ________________________ [reference number of the contract] date _______________
[insert date] with the Beneficiary, for the provision of _________________________________ [brief description
of Services] (hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, an advance

payment in the sum of __________________________ [insert amount in figures] ( ________________ ) [amount in
words] is to be made against an advance payment guarantee.
At the request of the Consultant, we, as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of ___________________________ [amount in
figures] ( _______________________) [amount in words]1 upon receipt by us of the Beneficiary’s complying
demand supported by the Beneficiary’s a written statement, whether in the demand itself or in a
separate signed document accompanying or identifying the demand, stating that the Consultant is in
breach of its obligation under the Contract because the Consultant:
(a) has failed to repay the advance payment in accordance with the Contract conditions,
specifying the amount which the Consultant has failed to repay;
(b) has used the advance payment for purposes other than toward providing the Services
under the Contract.
It is a condition for any claim and payment under this guarantee to be made that the advance
payment referred to above must have been received by the Consultant on its account number
__________ at______ [name and address of Bank].
1 The Guarantor shall insert an amount representing the amount of the advance payment
Page 117 of 130

ISLAND CI TY
The maximum amount of this guarantee shall be progressively reduced by the amount of the
advance payment repaid by the Consultant as indicated in certified statements or invoices marked as
“paid” by the Client which shall be presented to us. This guarantee shall expire, at the latest, upon
our receipt of the payment certificate or paid invoice indicating that the Consultant has made full
repayment of the amount of the advance payment, or on the __ day of ____ [month], ____ [year],2
whichever is earlier. Consequently, any demand for payment under this guarantee must be received
by us at this office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 revision, ICC
Publication No. 758.
[signature(s)]
{Note: All italicized text is for indicative purposes only to assist in preparing this form and shall be
deleted from the final document.}
2 Insert the expected expiration date. In the event of an extension of the time for completion of
the Contract, the Client would need to request an extension of this guarantee from the
Guarantor. Such request must be in writing and must be made prior to the expiration date
established in the guarantee. In preparing this guarantee, the Bank might consider adding the
following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a
one-time extension of this guarantee for a period not to exceed [six months] [one year], in
response to the Client’s written request for such extension, such request to be presented to the
Guarantor before the expiry of the guarantee.”
Page 118 of 130

APPOINTMENT OF PROJECT MANAGEMENT CONSU LTANT FOR CO NSTRU CTION OF UNDERGROUND R OAD CONNECTIVITY
FROM O RANGE GATE - EASTERN FREEWAY TO COASTAL ROAD AT MARINE DRIVE AT MUMB AI ISLAND CITY
APPENDIX B - FORM OF PERFORMANCE GUARANTEE

[See Clause GCC 29]
(To be stamped in accordance with the Stamp Act of the country of Issuing Bank)
Bank Guarantee for Performance
To
MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY,
WHEREAS ............................... (Name of Consultant) ................................. the Consortium / Joint Venture

consisting of
(a) (Name of Lead Member of the Group and address)
(b) (Name of Member of the Group and address)
(c) (Name of Member of the Group and address)
(hereinafter called “the Consultant”), with M/s..............................as the lead member has
undertaken, the works in pursuance of Appointment of Consultant for “Project Management
Consultant for construction of underground road connectivity at Mumbai Island city from
Eastern Freeway – Orange gate to Coastal Road at Marine Drive”.
AND WHEREAS it has been stipulated by you in the said Contract that the Consultant shall furnish you
with a Bank Guarantee by a recognized bank for the sum specified herein as security for compliance with
his obligations in accordance with the contract in lieu of cash deposits held by you for such compliance
with his obligations in accordance with the contract in lieu of cash deposits held by you for such
compliance of obligation/performance Guarantee.
AND WHEREAS we have agreed to give the Consultant such as Bank Guarantee:
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, onbehalf of the
consultant up to a total of (amount of Guarantee) (in ________________________________words), such sum
being payable in Indian Rupees, and we hereby unconditionally, irrevocably and without demur undertake
to immediately pay you, upon first written demandand without cavil or argument any sum or sums
within the limits of ________ (amount __________________ of guarantee) as aforesaid without your
needing to prove or to show grounds or reasons for your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Consultant before presenting
us with the demand.
Page 119 of 130

We further agree that no change or addition to or other modification of the terms of the contract or of
the Works to be performed there under or of any of the contract documentswhich may be made
between you and the consultant shall in any way release us from any liability under the guarantee and
we hereby waive notice of any such change, addition or modification.
This guarantee shall remain valid up to 24 months after ‘the date of completion as mentioned in the
completion certificate’ OR ‘the date on which all the structures/ buildings onthe section/corridor are put
to use for fare paying public whichever is later i.e up to _______________ (as per the present
construction schedule) and shall be suitably extendedif the commissioning of the project is delayed for
whatsoever reason. The pendency of any dispute or arbitration or other proceedings shall not affect this
Guarantee in any manner.
SIGNATURE AND SEAL OF THE GUARANTOR
NAME OF BANK
ADDRESS -------------------------------------------------------
DATE ---------------------------------------------------------------
Notes:
The stamp papers of appropriate value shall be purchased in the name of the Bank, who issue the Bank
Guarantee’.
Page 120 of 130

APPENDIX – D Fees and payment schedule

1.0 Fee:
The consultants shall be eligible to receive the fees as quoted/ agreed/ negotiated by the consultant’s
percentage offer of cost put tender, agreed and communicated in Work Order / Letter of Intent by
competent authority of MMRDA.
2.0 The Consultants quotation:
 The Consultants shall provide the services as per the contract at the rates quoted/agreed by the
consultant’s quotation. Payment should in Indian Rupees (For Exceptional payments Hon MC
approval is required)
 The consultant should give the break of the remuneration as a support of the Bid. This being
lump sum contract the breakup of remuneration can be taken from the consultants after the
award of the contract.
 The sum of remuneration of Key staff should not be less than 60% of the total Cost quoted by
the bidder.
3.0 Final Fee payable to the consultants:

The percentage fee of cost put tender plus service tax as applicable as quoted/ agreed/ negotiated.
4.0 Break-up of the fees payable for the different periods:

The breakup of total fees shall be as given below-
a) Design Phase & Construction supervision period - 94 % of total fees for Consultancy
b) Defect Liability Period - 6 % of total fees for consultancy
4.1 Payment for post Tender Activities

I) The post tender activities shall come into effect from the date of award of construction contract
and shall be for the period as mentioned in the implementation schedule.
II) The Payments for this activity and during its period shall be at the percentage rates as
prescribed below:
Sr. No Activity Monthly Total % Payment of total fees
1 Advance Payment against Bank LS 10%
Guarantee (Recoverable)
2 During Design+ Construction Period
i Monthly Payment during Design + 1% 54 %
Construction Supervision
ii Deliverable based on Contractor's 40 %
Page 121 of 130

Sr. No Activity Monthly Total % Payment of total fees

Progress: Percentage proportionate
to the physical progress of the project
work payable quarterly i.e. If the
physical progress at the end of a
quarter is 25% then payment to PMC
will be L.S. quoted price x (40/100) x
25%
3 QUARTERLY PAYMENT During 24 0.25% 6.00%
months of Defects Liability Period
(8 Quarters)
Mobilization advance recovery TOTAL 110.00%
III) The cost of the work done by agency will exclude the payment made towards price escalation,
Mobilization Advance and Machinery Advance. Similarly the recovery of Mobilization Advance and
Machinery Advance will not be reflected in working out the fees due to the consultant.
5.0 Payments if Project is delayed:
If the actual completion time extends beyond the base completion the payment will be made as
follows:
Sr. Base Completion as per

No. contract
1 Up to 54 Months
i) In the event of construction extended beyond base completion the monthly additional payment
may be decided mutually depending upon the balance work quantum and staff required for the
same.
The payments will be worked out in proportion to the actual manpower deployed and
approved by Engineer-In Charge/Employer during period under consideration.
Note:
i. This clause will come in to existence only after agreed man – months as per R.F.P. are exhausted.
ii. The payments for the extended period will be made based on actual man months provided by
the Consultants, with prior approval of the employer. The additional payments will be worked
out in proportion to deployment of the actual man months, certified by the "Employer"
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iii. Abnormal Delay (exceeding 3 year beyond base completion): The contract between MMRDA and
Consultant will be foreclosed.
iv. PMC will be penalized for not maintaining day to day site records as directed by MMRDA or as
mentioned in TOR. Penalty per day per instance will be recovered from consultants’ bill.
v. For timely completion of work, it is necessary to ensure that detailed drawings, decision of the
various issues related to smooth progress of work, guidance to contractor on various issues
failure to which may lead to delay in progress on the work. On failure on this account the PMC
will attract a penalty per day per instance.
6.00 Payment of fees during defect liability

i) During the defect liability period the consultant will be paid every quarter of defect liability
period at the following rate of fee/quarter.
= 1 X 6 X Total fees payable
4 100 Defect liability period in years
II) After completion of consultants assignment i.e. at the end of defect liability/ notification
maintenance period = 6 % of the total fee for consultancy services.
7.00 Payment of fees after defect liability

After the defect liability period if for the purpose of settlement of claim or cases the services of
R.E. are to be made available to MMRDA the payment for such services shall be at 0.15 times the
man month rate for R.E with including travel and other incidental expenses per visit shall be
payable to the consultants for every such visit. The maximum period up-to which the consultant
has to provide his services for settlement of court cases/claims shall be a 5 years after defect
liability period.
8.0 Consultants reports of Manpower deployment:
The consultant shall submit the details of manpower deployment of key staff required for each
quarter in advance. This shall be arrived at based on the scheduled works in the next quarter
and the actual and anticipated progress achieved by the contractor. The consultants shall get the
actual deployment duly certified by the Engineer in-charge at the end of every month. The
Page 123 of 130
certified manpower of key staff deployment and the approved schedule of deployment for the
quarter shall be considered as the basis for consultants payments. No payment will be released
if consultant fails to submit and get approval of Engineer In-Charge for manpower deployment
of key staff required for each quarter in advance before fifteen days of start of respective
quarter. Each bill of PMC must accompanied the letter in this regard.
9.0 Reimbursable expenditure towards additional copies of tender documents:
The consultants shall submit additional copies of the report as and when required by the
employer. The consultant will be paid a standard agreed rate for each of the additional report.
The additional charges payable shall be fixed on per document per copy rate basis.
Page 124 of 130

Appendix-E: Form of undertaking to provide parent company guarantee
TO:
Page 125 of 130

(As per ITB 12.1 (a) Eligibility)
“MMRDA”
RE: “Appointment of Consultant for Proof checking and PMC for Monitoring and
Supervision of the “Appointment of Project Management Consultant for construction of
underground road connectivity at Mumbai Island city from Eastern Freeway – Orange gate to
Coastal Road at Marine Drivë”” (The “Tender Documents”)
RE: Parent Company Guarantee
Capitalized terms used but not defined herein have the respective meanings ascribed thereto
in the Tender Documents.
WHEREAS in accordance with ITB 12.1 (a) Eligibility of the Instructions to Bidders, this
undertaking to provide a parent company guarantee is required because the Bidder
demonstrates compliance with the qualification criteria for this Tender on the basis [of the
financial strength, experience or qualifications of its parent company]
AND WHEREAS the undersigned is [the parent company of]
AND WHEREAS the undersigned has examined fully the Tender Documents;
NOW THEREFORE, the undersigned hereby undertakes to provide a Parent Company

Guarantee in the wording set out in the Form of Parent Company Guarantee provided in the
Contract Forms
DATED this day of 2021 Name of Parent Company:
Per: Name Title
Per: Name Title
I/We have authority to bind the party/corporation.
Page 126 of 130

ISLAND CI TY
Appendix-F: Parent Company Guarantee

(To be prepared On Official Stamp Paper as per the Indian Stamps Act 1958)
THIS DEED OF GUARANTEE (“Guarantee”) is made on the day of 20

at………………………….Between…………………whose registered office is situated at
(hereinafter called the “Guarantor”) which expression shall include its
successors and assigns) of one part
And Client (hereinafter called MMRDA) of the other part
WHEREAS the MMRDA has invited tenders by its invitation to tender dated the day
of………………………….20…... [Name of the Work] “the “Project”);
AND WHEREAS (name of the Bidder) whose registered office is situated at
………………………………. (hereinafter called the “Consultancy Services”), in response to the
MMRDA’s invitation, has submitted an offer for Consultancy Services contract with respect
to the Project to be entered into with the MMRDA (the “Contract”);
AND WHEREAS the conditions of the MMRDA’s invitation require that the Consultancy
Services offer is supported by a parent company guarantee.
NOW THEREFORE, in consideration of the MMRDA awarding the Contract to the Project
Management Consultancy Services and the Consultancy Services entering into such
Contract, the Guarantor has agreed to guarantee the due performance of the Contract in
the manner hereinafter appearing:
The Guarantor hereby covenants with the MMRDA as follows:

1. The Guarantor will in all respects unconditionally, without demur, guarantee the
due and proper performance of the Contract and the due observance and punctual
performance of all obligations, duties, undertakings, covenants and conditions by or
on the part of the Consultancy Services contained therein and to be observed and
performed by it (including any form of payments that are to be made in relation to
the Project), which guarantee shall extend to any variation or addition to the
Contract.
2. In the event of the Consultancy failing to carry out, observe or
performalloranyofthesaidobligations,duties,undertakings,covenants and conditions
under the Contract (unless relieved from the performance of any part of the
Contract by statute or by the decision of a court or tribunal of competent
jurisdiction) the Guarantor will be liable for and shall indemnify the MMRDA
Page 127 of 130
ISLAND CITY
against all losses, damages, costs and expenses whatsoever which the MMRDA may
incur by reason or in consequence of any such failure to carry out or observe. For
the avoidance of doubt, it is hereby clarified that the obligation to indemnify as
covered within this clause is separate and independent of the obligation under
clause1 of this Guarantee. For greater certainty, the maximum aggregate amount of
liability
oftheGuarantorunderthisGuaranteeshallnotexceedthemaximumaggregateamountof
liability of the Consultant under the Contract.
3. TheGuarantorshallnotbedischargedorreleasedfromthisGuaranteebythe occurrence
of any one or more of the following:
3.1. Any alteration to the nature of extent of the services or otherwise to the terms
of the Contract;
3.2. Any allowance of time, forbearance, indulgence or other concession granted to
the Consultancy, any dispute between the MMRDA and the Consultancy
Services (but so that the MMRDA shall not pursue against the Guarantor a
remedy contrary to the terms of any such compromise or settlement insofar as
the Consultancy shall have complied with such terms.
3.3. The liquidation, bankruptcy, administration, absence of legal personality,
dissolution, incapacity or any change in the name, composition or constitution
of the Consultancy or the Guarantor.
3.4. Discharge of other guarantors in relation to the Project.
3.5. Any act or omission of the MMRDA, which adversely affects the rights of the
Guarantor.
3.6. Termination of the Contract to the extent of the obligation’s existent at the time
of termination.
4. This Guarantee is a continuing guarantee and accordingly shall remain in operation
until all obligations, duties, undertakings, covenants, conditions, and warranties
now or hereafter to be carried out or performed by the Consultancy) under the
Contract shall have been satisfied or performed in full. Notwithstanding anything
to the contrary, this Guarantee shall cease to be in operation at the Contract
Completion Date provided that this Guarantee shall continue in effect in respect of
any obligations required to be performed by the Consultancy) in accordance with
Clause of the Conditions of Contract. This Guarantee is in addition to, and not in
substitution for, any other security which the MMRDA may at any time hold for the
performance of such obligations, and may be enforced without first having
recourse to any such security and without taking any other steps or proceedings
against the Consultancy.
5. So long as any sums are payable (contingently or otherwise) by the Consultancy to
the MMRDA under the terms of the Contract, then the Guarantor shall not exercise
any right of set off or counterclaim against the Consultancy or any other person or
prove in competition with the MMRDA in respect of any payment by the Guarantor
hereunder (including in a situation of winding up, insolvency or liquidation of the
Page 128 of 130
ISLAND CITY
Consultancy, and in case the Guarantor receives any sum from the Consultant
Consultancy or any other person in respect of any payment of the Guarantor
hereunder, the Guarantor shall hold such monies in trust forthe MMRDA solon gas
any sums are payable (contingently or otherwise)under this Guarantee.
6. The Guarantor will not, without the prior written consent of the MMRDA, hold any
security from the Consultancy or any other person in respect of the Guarantor’s
liability hereunder or in respect of any liabilities or other obligations of the
Consultancy to the Guarantor. The Guarantor will hold any security held by it in
breach of this provision in trust for the MMRDA. Further, the Guarantor waives its
right of subrogation over any of the assets of the Consultancy until the all dues
under the Project to the MMRDA have been duly paid off.
7. This Guarantee is in addition to, and not in substitution for, any present and
futureguaranteelienorothersecurityheldbytheMMRDA.TheMMRDA’srights under
this Guarantee are in addition to and not exclusive of those provided by law.
8. This Guarantee shall be governed by and construed in accordance with the laws of
India.
9. The MMRDA will have a right to assign the rights under this Guarantee without any
prior written notice to the Consultancy or the Guarantor.
10. The Guarantor hereby covenants and confirm/ firms, until the termination or
expiry of the Guarantee, the following:
a. It will provide audited financial statement of the Guarantor within [days from
expiry of each financial year.
b. It will not dispose the shareholding presently held in the Consultancy and it will
always ensure that it retains the control over them an agreement of the
Consultancy except with the express written consent of the MMRDA, which
consent may be issued at the MMRDA’s sole discretion and provided that the
new company/entity, that is proposing to acquire the share holding held by the
Guarantor in the Consultancy, satisfies the MMRDA of its technical and financial
capacity to discharge its obligations under this Guarantee; and issue
replacement ‘Parent Company Guarantee’ on the same terms as this Guarantee,
in a form acceptable to the MMRDA.
11. The Guarantor hereby agrees that in case of a breach of the obligations under this
Guarantee or in case of enforcement of this Guarantee, the MMRDA shall have a
right to seek specific performance in addition to the other remedies available under
law.
12. The Guarantor now hereby declares and warrants that:
a. The Guarantor has the competence and power to execute this Guarantee.
b. The Guarantor is financially solvent and has adequate net worth to provide this
Guarantee to enable it to perform its obligations under this Guarantee.
c. the Guarantor has done all acts, conditions and things required to be done,
fulfilled or performed, and procured all authorizations and necessary
Page 129 of 130
ISLAND CITY
approvals in all relevant jurisdictions, if so required or essential for the
execution of this Guarantee and for the performance of the Guarantor’s
obligations in terms of and under this Guarantee; and all authorizations and
necessary approvals have been performed and are in full force and effect and
no such authorization or approval has been, or is threatened to be, revoked or
cancelled;
d. this Guarantee has been duly and validly executed by the Guarantor or on
behalf of the Guarantor and this Guarantee constitutes legal, valid and binding
obligations of the Guarantor.
e. the entry into, delivery and performance by the Guarantor of, and the
transactions contemplated by, this Guarantee does not and will not conflict:
i. with any law in any relevant jurisdiction.
ii. with the constitutional documents of the Guarantor; or
iii. with any document which is binding upon the Guarantor or on any of its
assets.
f. all amounts payable under this Guarantee will be made free and clear of all
deductions or withholdings for or on account of any tax or levy unless a tax
deduction or withholding is required by law. Provided that if such deduction
or withholding is required by law, the payments under this Guarantee will be
grossed up in such manner that after the deduction or withholding is made, as
the case may be, theMMRDA receives the amount demanded by it.
g. the execution or entering into by the Guarantor of this Guarantee constitute,
and performance of its obligations under this Guarantee will constitute,
private and commercial acts done and performed for private and commercial
purposes.
(ii) the Guarantor does not have, will not be entitled to, and will not claim any
immunity for itself or any of its assets from suit, execution, attachment or
other legal process in any proceedings in relation to this Guarantee.
h. no litigation, investigation, arbitration, administrative or other proceedings
are pending or threatened against the Guarantor or its assets, which, if
adversely determined, might have a material adverse effect in relation to the
Guarantor.
i. all information communicated to or supplied by or on behalf of the Guarantor
to the MMRDA from time to time in a form and manner acceptable to the
MMRDA, are true and fair / true, correct and complete in all respects as on
the date on which it was communicated or supplied;
Page 130 of 130

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APPOINTMENT OF PR OJECT MANAGEMENT CONSU LTANT FOR CONSTRU CTION OF UNDERGROUND ROAD

MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY

“APPOINTMENT OF PROJECT MANAGEMENT CONSULTANT FOR CONSTRUCTION OF

MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY

1.1 Name of Work:

1.1.1.Mumbai Metropolitan Region Development Authority(MMRDA) invites sealed tenders

1.1.3.The Tender includes the following documents:

1.2 Key Details are as follows:

1 Name of work “Appointment of Project Management Consultant for

3 Tender validity Biddersare

4 ValidityofTenderSecurity Amount (17/03/24)

Documents and any additional

Information can be downloaded

2.1 INSTRUCTIONS FOR ONLINE BID SUBMISSION:

a) Bidders are required to enroll on the Mahatenders Portal

2.3 SEARCHING FOR TENDER DOCUMENTS

2.5 SUBMISSION OF BIDS

2.6 ASSISTANCE TO BIDDERS

2.11 Bidders to provide record of Blacklisting, Banning, and non-performance, deregistration,

SECTION 2. INSTRUCTIONS TO CONSULTANTS AND DATA SHEET

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

Conflicting (i) Relationship with the Client: a consultant cannot be an affiliate

The Client shall use the following electronic-procurement system to manage

Method of Selection: Quality and Cost Based Selection (QCBS) – 80:20

The name of the assignment is: “Project Management Consultant for

2.3 A pre-bid meeting will be held: Yes.

Date of pre-bid meeting: 29/08 /2023

Contact person: Mr. Shekhar Bhadane, Executive Engineer

 Detailed Project Report

The Bid shall comprise the following:

C. Submission, Opening and Evaluation

15.1 The Consultants shall submit their Bids electronically.

Technical Proposal & eligibility criteria

Minimum Eligibility Criteria: -

i) 4.6 Km in a single stretch ONE project

Table A: Overall Marking Criteria:

Item Description Maximum Marks

Table B: Financial capabilities and technical capabilities

Sr No. Personnel Nos Marks

Criteria for marking professional staff

TABLE:Key & non-Key Personnel, Qualification

Sr Key Educational Experience in Contract Total

CHECKLIST OF REQUIRED FORMS

TECH-1 Technical Bid Submission Form.

TECHNICAL BID SUBMISSION FORM

To: [Name and address of Client]

We hereby declare that:

(c) We have no conflict of interest in accordance with ITC 3.

d) We meet the eligibility requirements as stated in ITC 6, and we confirm our

Signature (of Consultant’s authorized representative) {In full and initials}:

Full name: {insert full name of authorized representative}

CONSULTANT’S ORGANIZATION AND EXPERIENCE

2. Include organizational chart and list of Board of Directors.

UNDERTAKING FOR NOT BEING BLACKLISTED

We hereby, furnishing the record of Blacklisting, Banning, non-performance, rescindment by the

S. Organization/ Fill Category: Duration Current Attach proof

STAMP & SIGNATURE OF AUTHORIZED SIGNATORY

1 In case of JV/Consortium, the undertaking shall be submitted by each member of the

2 The undertaking shall be signed by authorized signatory of the Bidder or constituent