BRIHANMUMBAI MUNICIPAL CORPORATION

(DEPARTMENT: MUMBAI SEWAGE DISPOSAL PROJECT)

E - TENDER
Subject: Consultancy Services to prepare DPR & suggest measures
for converting Class-A sludge of Mumbai's Wastewater
Treatment Facilities (WWTFs) to useful products and
providing Project Management Services during execution
of suggested measures.

TENDER DOCUMENT

JULY-2025

CHIEF ENGINEER (MUMBAI SEWAGE DISPOSAL PROJECT)

MUNICIPAL CORPORATION OF GREATER MUMBAI,
2NDFLOOR, ENGINEERING HUB BUILDING,
DR. E. MOSES ROAD, WORLI,
MUMBAI – 400 018
 TABLE OF CONTENTS

Page
SECTION-I: E-TENDER NOTICE 5-9

SECTION-II Special Instructions to Bidders for E-Tendering 10-13

SECTION-III Instruction to Bidders 14-45

General
1. Eligibility
2. Technical & Financial capabilities
3. Personnel Capabilities

SECTION-IV General Conditions of Contract 46-61

1. General Provisions
1.1 Definitions
1.2 Law Governing Contract
1.3 Language
1.4 Headings
1.5 Notices
1.6 Location
1.7 Authorized Representatives
1.8 Income Tax

2. Commencement, Completion, Modification and Termination of

Contract
2.1 Effectiveness of Contract
2.2 Commencement of Services
2.3 Expiration of Contract
2.4 Modification
2.5 Force Definition
2.5.1 Definition
2.5.2 No Breach of Contract
2.5.3 Measures to be Taken
2.5.4 Extension of Time
2.5.5 Consultation
2.6 Suspension
2.6.1 Step-in Rights
2.7 Termination
2.7.1 By BMC
2.7.2 By the Consultant
2.7.3 Payment upon Termination

3. Obligations of the Consultant

3.1 General
3.2 Conflict of interests
3.3 Confidentiality
 3.4 Liability of the Consultant
3.5 Indemnification of the Client by the Consultant
3.6 Insurance to be Taken Out by the Consultant
3.7 Consultant's Actions Requiring BMC's Prior Approval
3.8 Reporting Obligations
3.9 Documents Prepared by the Consultant to be the Property of
the Client
3.10 Drawings

4. Consultants' Personnel
4.1 General
4.2 Description of Personnel
4.3 Agreed Personnel
4.4 Removals and/or Replacement of Personnel

5. Obligations of The Client

5.1 Assistance and Exemptions
5.2 Change in the Applicable Law
5.3 Payment
5.4 Office for Consultant

6. Payments to the Consultant

7. Fairness and Good Faith

7.1 Good Faith
7.2 Operation of the Contract
7.3 GST
7.4 Other Taxes

8. Compensation for Delay

9. Settlement of Disputes
9.1 Amicable Settlement

10. PROVISIONAL SUM

11. Interest on Delayed Payment

12. Price Adjustment/Escalation

SECTION-V TERMS OF REFERENCE 63-80

Terms of Reference
 Page
SECTION-VI Technical Proposals Standard Forms 81-96
Form of Technical Bid Submission
Annual Turnover Form
Form TECH-1: Information regarding Status of Consultant
Form TECH-2A: Consultant's Organization and Experience
Form TECH- 2B: Firm's Relevant Experience References
Form TECH-3: Team Composition and Task Assignments
Form TECH-4: Description of Approach, Methodology and Work Plan
for Performing the Assignment
Form TECH-5: Curriculum Vitae (CV) for proposed Staff
Form TECH-6: Historical Contract Non-Performance
Undertaking cum Indemnity Bond
Form TECH-7: Expert Schedule
Form TECH-8: Work Schedule

SECTION-VII Financial Proposals-Standard Forms 97-100

FORM FIN-1: Financial Proposal Submission Form
(To be uploaded in Folder C and Hardcopy to be
submitted in sealed envelope preferably at the time
of opening of packet-C)
FORM FIN-2: Summary of Costs
(To Be Submitted Online Only as a Packet-C)
Form FIN 3: Breakdown of Remuneration of Key Staff and Support
Staff (To be uploaded in Folder C and Hardcopy to be
submitted in sealed envelope preferably at the time
of opening of packet-C)

SECTION-VIII APPENDICES 101-

113
Appendix-A. Contract Agreement Form
Appendix-B. Performance Bank Guarantee
Appendix-C: Advance Bank Guarantee
Appendix-D: Not Used
Appendix-E: Form of undertaking to provide Parent
Company/Sister Concern Guarantee
Appendix-F Parent Company/Sister Concern Guarantee
Annexure GST circulars 114-
119
 SECTION-I
e-Tender Notice
 BRIHANMUMBAI MUNICIPAL CORPORATION
(DEPARTMENT: MUMBAI SEWAGE DISPOSAL PROJECT)
E - TENDER NOTICE
1. The Municipal Commissioner of Brihanmumbai Municipal Corporation invites online
tenders in three packet system (Packet A, B & C) on Least Cost Selection Basis (LCS) for
providing Consultancy Services to prepare DPR & suggest measures for converting
Class-A sludge of Mumbai's Wastewater Treatment Facilities (WWTFs) to useful
products and providing Project Management Services during execution of suggested
measures. Tender copy can be downloaded from e-tendering portal of Government of
Maharashtra, https://mahatenders.gov.in.
2. The contract period for the subject consultancy work is 24 months inclusive of monsoon
(i.e. 9 months for Consultancy (Pre-PMC Activities) and 12 months for PMC and 3 months
for O&M activities.
3. Post Qualification Criteria:
To be eligible to apply for the tendering, the bidder shall have the following financial
and technical capabilities as outlined below.
I Financial Capabilities:

Average annual turnover of consultancy firm shall be minimum 100 crores in the last
five (5) financial years. i.e. 2019-20, 2020-21, 2021-22, 2022-23 and 2023-24.
An escalation rate of 10% per annum shall be applied to Annual Turnover for past years
to arrive at current year turnover value.

II Technical Capabilities:

The consultancy firm, as a single entity or a member of Joint Venture firm (with
minimum 30% shareholding in JV) must have successfully carried out the work of
preparation/review of Design, Engineering and Supervision during construction period,
internationally/nationally for project involving Wastewater Treatment along with
Sludge Management, for
One Project* of Wastewater Treatment of capacity not less than 180 MLD with Sludge
Treatment in the last ten years.
OR
Two Projects* of Wastewater Treatment of capacity not less than 90 MLD each, with
Sludge Treatment in the last ten years.
OR
Three Projects* of Wastewater Treatment of capacity not less than 75 MLD each, with
Sludge Treatment in the last ten years.
* The Waste Water Treatment Plant, Sludge Processing system set up under these
projects should be in proper functioning as on the date of submission of tender.
4. Bidder shall be in existence for at least 10 years. Authorized change in name & style shall
be considered. The Consultancy shall have valid ISO-9001 Certification.
5. Joint ventures and Sole Proprietary firms are not permitted. However, wholly owned
subsidiary of the foreign company is eligible to quote based on the credentials of its
parent company / sister concern, if they submit certificate from the parent
company/sister concern to that effect.
In case the firm qualifies on the basis of credentials of the Parent Company/Sister
concern, then the contract with BMC is to be signed as per the following:
- by both, Subsidiary and the Parent Company (if the bidder qualifies on the basis of
Parent Company)
- by Subsidiary, Sister concern and Parent Company (if the bidder qualifies on the basis
of Sister concern)
6. Interested Bidder may obtain further information from the office of the Chief Engineer
(MSDP) on working days between 11.00 hours to 17.00 hours at the following address.

Chief Engineer (MSDP),

2nd floor, Engineering Hub Building,
Dr. E. Moses Road, Near Worli Naka,
Worli, Mumbai-400 018
E-mail: [email protected]
[email protected]
7. All interested bidders whether already registered or not registered with BMC, are
mandated to get registered with Mahatenders portal for e-tendering process, Login
Credentials to participate in the online tendering process on the above-mentioned
portal. The details of the same are available on the e-tendering portal
(https://www.mahatenders.gov.in) under Help for contractors.
8. For the registration, enrolment for digital signature certificate & user manual; Bidder
may please refer to respective links provided in e-tendering tab on the website portal
https://www.mahatenders.gov.in. The Bidders can get digital signature from any one of
the Certifying Authorities (CA's) licensed by the controller of Certifying Authorities
namely Safescrypt, IDRBT, National Informatics Centre, Customs, MTNL, GSFCande-
MudhraCA, etc.
9. Bidders are also advised to refer to "Bidders Manual Kit" and "Help for Contractors"
available at https://mahatenders.gov.in/nicgep/app for further details about the e-
tendering process.
10. The tender documents shall be downloaded from e-tender portal
https://www.mahatenders.gov.in as per schedule given hereunder after online
payment of INR 18,150/- + applicable 18% GST through Payment Gateway.
11. Tenders must be accompanied by Tender Security/Earnest Money Deposit (EMD) of Rs.
9,00,000/-to be paid online through payment gateway of e-tender Portal
https://www.mahatenders.gov.in, on or before the end date & time of submission of
tender.
12. Packet A, B and C shall be opened on dates as mentioned in header data. All the bidders
if they so wish, can be present at the time of opening of Bids, in the office of Chief
Engineer (MSDP). The Packet-C shall be opened if Bid submission in Packet A & B
satisfies/includes all the requirements and same are found acceptable to the Authority.
13. The self-attested physical copy of the digitally signed e-tender submission (of Packet A
& B only) shall be submitted within 2 working days during the office hours from the end
date of e-tender submission in the office of Ch E. (MSDP). Pre-Bid meeting will be held
in the office of Ch.E.(MSDP) at the address mentioned above at 11.30 AM on 21.07.2025.
14. Bidders shall express the price of their services in the Local currency (Indian Rupees
only). All payments shall be made in INR and not in any other currency
15. Other details can be seen in e-tender document. The dates and time for submission and
opening of the bid are as shown in the Header Data; if there are any changes in the
dates, the same will be displayed on the e-tendering portal
https://www.mahatenders.gov.in
16. BMC will not be responsible for delays in online submission due to any reason. For this,
bidders are advised to upload the complete bid proposal well in advance before the due
date and time so as to avoid issues like slow speed, choking of web site due to heavy
load or any other unforeseen problems.
17. The BMC shall not be liable for any omission, mistake or error in respect of any of the
above or on account of any matter or thing arising out of or concerning or relating to
the Bid or the Bidding Process, including any error or mistake therein or in any
information or data given by the Authority.
18. The BMC reserves the right to cancel the e-tender before submission/opening of e-
tenders, to postpone the e-tenders submission/opening dates and to accept/ reject any
or all e-tenders without assigning any reason thereof at any stage.

Sd/-

Chief Engineer (MSDP)

 HEADER DATA
Tender ID 2025_MCGM-1199769_1
Name of Organization Brihanmumbai Municipal Corporation (BMC)
Subject Consultancy Services to prepare DPR & suggest
measures for converting Class-A sludge of Mumbai's
Wastewater Treatment Facilities (WwTFs) to useful
products and providing Project Management
Services during execution of suggested measures.
Tender Fee Rs.18,150/- +18% GST as applicable
Bid Security Deposit/EMD Rs. 9,00,000/-
Start Date of Issue and Sale of Tender 15.07.2025 from 11:00 Hrs
Last date & time for sale of tender 01.08.2025 till 14:00 Hrs
Bid Submission Start Date 15.07.2025 from 11:00 Hrs
Last date of submission of Packet A, 01.08.2025 till 16:00 Hrs
B and Packet C (Online) & Receipt of
Bid Security Deposit.
Opening of Packet A 04.08.2025 after 16:00 Hrs
Opening of Packet B 07.08.2025 after 16:00 Hrs
Opening of Packet C 14.08.2025 after 16:00 Hrs
Address for Communication Office of Chief Engineer (Mumbai Sewage Disposal
Project), Second Floor, Engineering Hub Building, Dr
E Moses Road, Worli Naka, Worli, Mumbai-400 018.
e-mail ID: [email protected] and
[email protected]
Pre-Bid Meeting Pre-bid meeting of the interested parties is
arranged on 21.07.2025 at 11:30 AM in the chamber
of Ch. E. (MSDP), 2nd Floor, Worli Engineering Hub,
Mumbai- 400018.
Venue for opening of Bid On-line in the office of Ch. Engr (Mumbai Sewage
Disposal Project)

This tender document is not transferable.

The BMC reserves the rights to accept any of the application or reject any or all the
application received for above subject without assigning any reason thereof.
Sd/-
Ch. Eng. (MSDP)
 SECTION-II
Special Instructions to Bidders for E-Tendering
 SPECIAL INSTRUCTIONS TO BIDDERS FOR E-TENDERING
1. Refer the website https://www.mahatenders.gov.in under Bidders Manual Kit, for
"Instructions to Bidder.
2. Following documents shall be uploaded by the consultants in the folder named "Bidder
Documents' in the online e-Tender

I. The e-Packet 'A' shall contain the following-

a) Bidders will have to create their e-wallet for online payment. Tender Security
Deposit/Earnest Money Deposit (EMD) of Rs.9,00,000/- to be paid online
payment gateway on e-tendering portal. System will generate
acknowledgement of the EMD paid from e-wallet of the bidder, the scanned
copy of which shall be uploaded in Packet-A
b) In case of Indian consultants, scanned copy of Goods and Service Tax (GST)
Registration Certificate is mandatory Those not registered shall submit an
undertaking to that effect.
c) in case of Indian consultants, scanned copy of 'PAN document and photographs
of the individuals, owners, Karta of Hindu undivided family, firms, private
limited companies, registered co-operative societies, partners of partnership
firms and at least two Directors, if number of Directors are more than two in
case of Private Limited Companies, as the case may be However, in case of
Public Limited Companies, Semi Government Undertakings, Government
Undertakings, no PAN documents will be insisted.
d) Scanned copy of Company Registration Certificate
e) Scanned copy of latest Partnership Deed, in case of Partnership firms (wherever
applicable).
f) Scanned copy of duly registered Power of Attorney, wherever applicable.
g) Valid e-Mail IDs of the consultants and name for correspondence.
h) Scanned copy of ISO-9001 Certification

The department reserves the right to seek clarifications/information /shortfalls from

a consultant. If required, the content of the scanned copies of the documents
uploaded in Packet-A will be compared with the original documents. If any
discrepancies are observed, such consultants will be disqualified from the bidding
process.
Note: Packet-B of the tender shall be opened, in case the tenderer meets all the
requirements specified for Packet-A.
II. The e-Packet 'B' shall contain the copies of following documents-

- Scanned copy of Documents in support of meeting the eligibility criteria defined

in the tender.
- Complete Technical Proposals-Standard Forms as per Section VI.
- Digitally signed complete Tender Documents including Addenda, corrigenda if
any.

The department reserves the rights to seek clarifications /information/shortfalls

from a consultant.

Consultants may note that Municipal Commissioner shall reject the bid if the
consultant submits the conditional tender, stipulates hedging condition/own
conditions and also stipulates the validity period less than what is stated in the
tender

If required, the content of the scanned copies of the documents uploaded in

Packet-B will be compared with the original documents. If any discrepancies are
observed such consultants will be disqualified from the bidding process.

Note:

The consultant should furnish official e-mail IDs of the firm for communication.
Any communication with the bidder will be made on such provided e-mail IDs only.

If any additional information is requested by BMC, then such additional

information should be e-mailed within the period stipulated. If additional
information is not received in stipulated time, in such lapses, BMC shall not be
responsible and it will be treated as Non-Compliance of additional information by
the Consultant.

III. The e-Packet 'C' and Folder 'C'

The Bidder shall submit the Commercial bid (Packet-C and Folder-C) online by filling
Complete Financial Proposal as follows.

The bidder shall fill ONLINE the total cost of financial proposal as per Form FIN 2:
'Summary of Cost', whereas breakup of cost as per Form FIN 3: 'Breakdown of
Remuneration of Key Staff and Support Staff shall be uploaded in Folder 'C'. The
bidder shall also upload Form FIN-1 'Financial Proposal Submission Form' in Folder
'C

The bidder shall also submit hardcopy of Form FIN 3. 'Breakdown of Remuneration
of Key Staff and Support Staff and hardcopy of Form FIN-1 'Financial Proposal
Submission Form' in sealed envelope marked as 'FOLDER C' preferably at the time
of opening of Packet-C. Uploaded Folder-C and hardcopy of Folder- C shall be
opened only after opening of e-Packet C.

Once opening date and time of the e-Packet 'C' is expired, BMC can open the
commercial online Bids submitted by the consultants. A bid comparison report
would be generated which will give ranking of consultants according to the total
cost. The final selection will be as per 'Least Cost Selection Basis (LCS)' method.

NOTE: This e-Tendering process is covered under Information Technology ACT &
Cyber Laws as applicable.
 SECTION-III
Instructions to Bidders
 SECTION-III: Instructions to Bidders
1: General
1. These instructions are provided to assist Bidders while preparing their Bids. They shall
form part of the contract and they shall be taken into consideration in interpreting or
construing the contract

2. Bidders are requested to read carefully the following directions, the terms and
conditions of the contract, addendum, if any and sign the form of Bid, annexure,
specifications and Bill of Quantities & Rates, etc. after making appropriate entries,
wherever necessary.

3. The Bidder is expected to examine all instructions, forms, terms and specifications in the
Bid Document. Failure to furnish all information required by the Bid Document or
submission of a Bid not substantially responsive to the Bid Document in every respect
will be at the Bidder's risk and may result in the rejection of its Bid.

4. Scope of Consultancy
The scope of services is detailed in the ‘Terms of Reference' and other relevant clauses
in the tender document.

5. Clarifications to the Bidder

Bidder who submits more than one Bid will cause all the bids of the said Bidders to be
rejected.

a) Firms with common proprietors/partners connected with one another either

financially or as principal agent or as master & servant or with proprietor/partners
closely related with each other such as minor son/daughter and minor
brother/sister, shall not tender separately under different names for the same
contract.
b) If it is found that firms described vide above clause have tendered and uploaded
separately under different names for the same contract, all such tenders shall
stand rejected, EMD and tender deposits of such e-tenderers shall be forfeited.
Any contract entered into under such conditions will also be liable to be cancelled
at any time during its existence and penal action including blacklisting of such firms
will be taken.
c) The Municipal Commissioner reserve the right to cancel the e-tenders before
submission /opening of e-tenders, to postpone the e-tenders submission/opening
dates, and to accept or reject any bid or all the e-tenders without assigning any
reasons thereof at any stage, without thereby incurring any liability to tenderers.
In case of annulment after the submission deadline, all e-tender submissions
submitted & specifically, tender securities, shall be promptly returned to the
tenderers.
6. Site Visit
In order to obtain first-hand information/opinion on the assignment, the Bidders are
advised to visit the site/s of the project/s mentioned in ‘Terms of Reference', before
submitting their proposal. Required assistance may be obtained from the office of Chief
Engineer (MSDP), 2nd floor, Engineering Hub Building, Dr. E. Moses Road, Near Worli
Naka, Worli, Mumbai-400 018 with prior appointment in writing. The visit to site by the
Bidder will be at his own risk & costs.
7. Bid Validity Period
The bids shall be kept valid for acceptance for 180 (One Hundred & Eighty) days from
the last date of bid submission.
In exceptional circumstances, BMC may request the Bidder in writing to extend the
validity of their proposals without allowing any modifications to the offer & stipulated
conditions in the bid
8. Documents comprising of bid
The Bid document comprises the following-
i. Tender Notice
ii. Special Instructions to Bidders for e-tendering
iii. Instructions to Bidders
iv. Complete Technical Proposals-Standard Forms as per Section-VI
v. Contract Agreement form (Appendix-A)
vi. Pro-forma of Bank Guarantee (Appendix-B, C)
vii. General Conditions of Contract.
viii. Scope of work and technical specifications. (Terms of Reference)
ix. Complete Financial Proposals and their Contents as per Section-VII
x. Appendices
xi. Addenda, Corrigenda, if any
9. Earnest Money Deposit (EMD)
a) Bidders are required to pay as part of their proposals, Tender Security
Deposit/Earnest Money Deposit (EMD) of Rs.9,00,000/- to be paid online through
payment gateway of e-Tendering portal https://www.mahatenders.gov.in, on or
before the last date & time of submission of tender, failing which, the Bid shall be
treated as non-submitted. No interest will be paid on EMD.
b) Bidding firms registered with BMC and those who have paid a Standing Deposit
shall also have to pay fresh Tender Security Deposit/EMD.
c) The Employer shall be entitled to draw on the Tender Security/EMD and shall
forfeit its Tender Security/EMD if
i. A Tenderer withdraws its e Tender Submission during the period of tender
validity set out in ITB 7, or
ii. A Tenderer fails to accept corrections in accordance with ITB 11
 iii. A Tenderer who does not fulfil Technical and/or Financial Criteria.
iv. The successful Tenderer fails to
• Sign the Contract in accordance with ITB 19, or
• Furnish the documents, including Performance Bank Guarantee, in
accordance with ITB31
v. A tenderer suppressed any information or material 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 as described in ITB 12.1.
vi. 10% of EMD paid by Bidder shall be forfeited by BMC, if tenderer fails to
furnish required information in Packet-B after intimation is given to him for
eligibility.
10. Refund of Earnest Money Deposit. (E.M.D.)
a) Bid Security/E.M.D. of successful bidder will be refunded when the bidder has
signed the contract agreement and furnished the required Security Deposits.
b) The bid security/EMD of L-2 and other higher bidders (L-3, L-4, etc.) shall be
refunded immediately after opening of financial bid.
c) In case, the successful bidder becomes non-responsive or successful bidder
withdraws the bid or is unwilling to extend the bid validity period, in such
circumstances, if L-2 bidder is agreeable to extend the bid validity period and ready
to deposit the requisite amount of bid security/EMD to the department within the
stipulated time period i.e. 15 days, the department will process further as per
normal procedure
d) 10% of EMD paid by Bidder shall be forfeited by BMC, if tenderer fails to furnish
required information in Packet-B after intimation is given to him for eligibility.
e) 10% of EMD paid by Bidder shall be forfeited by BMC, if the tenderer does not fulfil
the eligibility criteria.
f) If successful tenderer refuses to accept the work allotted to him, his earnest money
deposits will be forfeited. Further, next lowest tenderer in the ranking list of the
responsive tenderers may be given chance.
11. Errors and Corrections
1) if, on receipt of any e-Tender Submission, any error in addition shall be apparent,
the Employer shall correct it and adjust the total amount of the Tender Price
accordingly; but shall not exceed Pricing Schedule-C generated online in e-bid
comparison report.
2) In the event that, prior to any corrections being made by the Employer as referred
to above, a Tenderer is in contention for the award of the Contract, the Tenderer
shall be notified of the corrections made in accordance with ITB 11(1) and the
Employer shall seek the Tenderer's agreement to the corrected Tender Price.
12. Minimum Qualifying Criteria:
12.1 Eligibility
(a) Joint ventures and Sole Proprietary firms are not permitted. However, wholly
owned subsidiary of the foreign company is eligible to quote based on the
credentials of its Parent Company/Sister Concern, if they submit certificate from the
parent company/sister concern to that effect.
In case the firm qualifies on the basis of credentials of the Parent Company/Sister
concern, then the contract with BMC is to be signed as per the following:
- by both, Subsidiary and the Parent Company (if the bidder qualifies on the basis
of Parent Company)
- by Subsidiary, Sister concern and the Parent Company (if the bidder qualifies
on the basis of Sister Concern).
(b) The Consultancy firm 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 is not allowed to use the project reference of any entity which has
been debarred or blacklisted. The Consultancy firms to which Notice of
Blacklisting/Poor Performance is issued are also not eligible to participate in this
tender.
(c) The firm 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.
(d) A consistent history of litigations/awards against the Bidder will result in rejection
of the bid. Suppression of any information or material in this regard would be
construed as a fundamental breach and BMC reserves its right to take appropriate
action including cancellation of the bid, forfeiting of bid security etc., as may be
deemed fit by BMC at any time without requiring to give any notice to the applicant
in this regard.
(e) The bidding consulting firm should have been registered (Registrar of
Firms/Company of Consulting engineers/Govt. /Govt. Undertaking) under same
name & style for atleast 10 years. (Authorized change in name & style shall be
considered).
(f) The consulting firm must have valid ISO 9001 certification prior to submission of bid.
 (g) The consulting firm shall have the required experience as required under eligibility
criteria.
(h) Consultant has an obligation to disclose any situation of actual or potential conflict
that impacts their capacity to serve the best interest of the BMC, which may
reasonably be perceived as having this effect. Failure to disclose said situations may
lead to the disqualification of the Consultant or the termination of its Contract.
(i) No Bidder shall be affiliated with a firm or entity that is involved with the tendering
process for the referred works.
(j) The consulting firm shall be in position to provide at least the staff as mentioned
under the 'Personnel capabilities'. The staff shall be either in employment of the
firm or shall have the consent letter from the prospective staff to accept
employment from the consulting firm during the contract period and availability
during the contract period including extended period. The consent letter shall have
obtained prior to submission of bid.
(k) The tender documents are not transferable Only those Bidders who have purchased
the tender documents are eligible to submit their bid.
(l) The firm shall enclose to their technical offer, the relevant copies of experience
certificate signed by officer not below the rank of Executive
Engineer/Superintendent Engineer or authorized signatory. In case of international
experience, self-attested copies of work completion certificate shall be enclosed.
12.2 Technical & Financial capabilities
To qualify for award of this contract, the Bidder must demonstrate and upload
requisite documents establishing compliance with the following minimum qualifying
criteria.

I Financial Capabilities:

Average annual turnover of consultancy firm shall be minimum 100 crores in the
last five (5) financial years. i.e. 2019-20, 2020-21, 2021-22, 2022-23 and 2023-24.
An escalation rate of 10% per annum shall be applied to Annual Turnover for past
years to arrive at current year turnover value

II Technical Capabilities:

The consultancy firm, as a single entity or a member of Joint Venture firm (with
minimum 30% shareholding in JV) must have successfully carried out the work of
preparation/review of Design, Engineering and Supervision during construction
period, internationally/nationally for project involving Wastewater Treatment
along with Sludge Management, for
One Project* of Wastewater Treatment of capacity not less than 180 MLD with
Sludge Treatment in the last ten years.
 OR
Two Projects* of Wastewater Treatment of capacity not less than 90 MLD each,
with Sludge Treatment in the last ten years.
OR
Three Projects* of Wastewater Treatment of capacity not less than 75 MLD each,
with Sludge Treatment in the last ten years.
* The Waste Water Treatment Plant, Sludge Processing system set up under
these projects should be in proper functioning as on the date of submission
of tender.

The Consultants who do not fulfil these criteria shall be disqualified and their Packet-C
shall not be opened and their 10% EMD will be forfeited. Similarly, Packet-C of the
Consultants who fail to score a minimum of 70 marks in technical evaluation shall not
be opened.

12.3 Personnel Capabilities

Consultants shall upload general information on the management structure of the firm
and shall deploy qualified personnel to fill the key positions for entire effective contract
period of 24 months, including 9 months for Consultancy (Pre-PMC), 12 Months for PMC
and 3 months during O&M period, so as to execute the work of the said project in a time
bound manner.

Sr. Position Professional Experience Man-months

no. Qualifications Requirement
Pre- PMC O&M Total
PMC
1 Project Graduate/ • Total professional 9 12 3 24
Manager Chartered experience of at

Engineer in least Twenty (20)

years.
any
• Relevant experience
Engineering
of at least Twelve
discipline.
(12) years as a senior
member of the
organization or as a
Project Manager in
water/ wastewater/
sludge management
sector.
 • Minimum working
experience should
be in 2 countries
other than India.

2 Resident Graduate in • Total professional 0 9 3 12

Engineer Civil experience of at
- Civil Engineering. least Fifteen (15)
years.

• Relevant experience
of at least Ten (10)
years in designing,
supervising,
construction in
water / wastewater/
sludge management
sector.

3 Resident Graduate in • Total professional 0 9 3 12

Engineer Mechanical experience of at
-- Engineering least Fifteen (15)
Mechani years.
cal
• Relevant experience
of at least Ten (10)
years in designing
and execution of
projects in water/
wastewater/ sludge
management
sectors.
4 Resident Graduate in • Total professional 0 9 3 12
Engineer Electrical/ experience of at
- Instrumentati least Fifteen (15)
Electrical on years.
& Engineering • Relevant experience
Instrume of at least Ten (10)
ntation years in design,
execution of water/
wastewater /sludge
management
sectors.
• Experience of
installations &
execution of
instrumentation
projects.
5 Safety Diploma • Total professional 0 12 1 13
Expert /Degree in experience of at
any discipline least Ten (10) years.
with certified • Relevant experience
course in of at least Five (5)
Safety years in Health,
Safety &
Environmental
procedures
preferably in
construction
supervision in
wastewater or other
infrastructure
projects.
Total Man-month of KEY STAFF 73 months
6 Structur Post- • Total professional 2 4 0 6
al Graduation in experience of
Engineer Structural atleast Ten (10)
Engineering years.

• Relevant experience
of Seven (7) years in
designing and
supervising
construction
projects of waste-
water /sewage
sectors or water
retaining structures
on similar projects.

7 Sludge Doctorate • Total Professional 4 9 3 16

Expert /post- Experience of
(Internat graduate in atleast 15 Years.
ional) science Relevant experience
in designing
wastewater
treatment plant
with sludge
treatment.

• Experience on
treatment,
optimization and
implementation of
Class A / Class B
category of sludge in
developed
countries.

• Experience of
evaluation of Sludge
Quality to establish
its suitability for
different end uses.
8 Environ Graduate in • Total professional 3 4 1 8
mental Engineering & experience of
Expert Post Graduate atleast Fifteen (15)
in years.
Environment
• Relevant experience
al Engineering
of Ten (10) years in
environmental
issues relating to
water/ waste
water/sludge
treatment plants
preferably
environmental
Clearances, Central
pollution Control
Board Clearances,
Forest Clearances,
Environment Impact
Assessment Study.

9 Process Graduate/ • Total professional 4 3 1 8

Engineer Chartered experience of
(Internat Engineer in atleast fifteen (15)
ional) any years.
Engineering
• Relevant experience
Discipline
of atleast Ten (10)
/Post-
years in the process
Graduate in
design of
Science
water/wastewater /
sludge treatment
facilities in
developed country
10 Geotech Degree in Civil • Total professional 1 1 0 2
nical Engineering experience of Ten
Expert or Geotech. (10) years.

• Relevant experience
of Eight (8) years in
geotechnical study
and assessment in
design and
construction of
infrastructure
projects including
wastewater/water
treatment plants
projects.

11 Mechani Degree in • Total professional 6 4 0 10

cal Mechanical experience of Ten
Engineer Engineering (10) years.

• Relevant experience
of Eight (08) years in
design activities
mechanical
discipline water/
waste water /sludge
treatment projects.

• Experience in review
mechanical
equipment at pump
stations/treatment
plants and other
facilitates of water/
wastewater/ sludge
treatment plants.
12 Electrical Degree in • Total professional 6 4 0 10
Engineer Electrical experience of Ten
Engineering (10) years.

• Relevant experience
of Eight (8) years in
review of design of
electrical equipment
at pump stations/
water / waste
water/sludge
treatment plants.

• Experience in design
and development of
electrical SLDs,
HT/LT power
requirement, DG
capacities.

13 Instrume Degree in • Total professional 4 4 0 8

ntation Electrical / experience of Ten
Engineer Instrumentati (10) years.
on
• Relevant experience
/Electronics
of Eight (08) years in
and
designing,
Telecommuni
implementation of
cation
SCADA/PLC/Automat
Engineering
ion systems in water
/wastewater/Sludge
sectors.
14 Contract Degree in • Total professional 4 6 0 10
Expert Engineering experience of atleast
with Twelve (12) years.
additional
• Relevant experience
qualification
of atleast Ten (10)
of Law.
years preparing
tender documents
based in on FIDIC/
ADB/ JICA/ World
Bank, etc. comprising
of general
conditions, special
conditions, billing
schedules, technical
specifications and
other relevant inputs
related to legal,
financial and
commercial issues
preferably in water/
wastewater/ sludge
sectors.

15 Quality Degree in Civil • Total professional 0 9 0 9

Engineer Engineering experience of Ten
(10) years.

• Relevant experience
of Eight (08) years in
quality management
and quality testing in
projects of water/
waste water/ sludge
sector.
16 Microbio Doctorate • Total professional 0 3 3 6
logist /Postgraduate experience of atleast
in Ten (10) years.
Microbiology
• Relevant experience
of 5 years in Sludge
Treatment with
experience of
Assessment of
Microbial contents of
Sludge.

17 Finance Graduate ICA • Total Professional 2 3 1 06

Expert / / MBA Experience Ten (10)
Business Years.
Develop
• Relevant Experience
ment
of Eight (08) years in
Professi
Cost Benefit Analysis
onal
and Preparation of
Project Report &
Project financing.

18 Site Diploma in • Total professional 0 72 0 72

Supervis Civil/Mechani experience of Twelve
ors cal (12) years.
Engineering.
(6 Nos • Relevant experience
for 12 of Ten (10) years in
months) site supervision of
construction projects
in water/
wastewater /sludge
sector.
19 CAD Minimum Total Professional 3 2 0 5
Operato Certificate experience Eight (8)
rs course from years.
ITI

Total (Non key and support Staff’s Man-months) 176 months

Total (Man-months) 249 months

NOTE:

• Age of key personal (Sr. No. 1-6) described above should not be more than 65
years.

• It is mandatory to give date of birth & nationality of each personnel.

• For equivalent degrees other than BE/B.Tech., it will be the responsibility of the
Consultant to confirm that the said degree is equivalent to the required
professional qualification by way of undertaking of the individual person.

• International Staff indicates, the staff having international experience and should
be on pay roll of the consultancy firm from last two years.

• The consultant should provide atleast 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, consultant is free to provide
additional man-months if needed.

Pre proposal Meeting

Pre-Proposal Meeting will take place at the address and time mentioned in e-Tender
Notice.

Office of the Chief Engineer (MSDP),

2nd floor, Engineering Hub Building,
Dr. E. Moses Road, Near Worli Naka,
Worli, Mumbai-400 018.

Bidders are requested to submit any queries related to the proposal under reference, so
as to reach BMC preferably atleast 1 day prior to the pre-proposal meeting. Additional
queries, if any, raised during the meeting, will also be considered and the minutes of the
meeting including the text of the questions raised and BMC response will be transmitted
to all prospective firms in the form of addendum. No queries will be entertained after the
 pre-proposal meeting. Bidders shall submit their queries in two (2) formats Le. pdf as well
as editable excel format, on the following e-mail ids:

[email protected]

[email protected]

The format of the queries shall be as follows:

Sr. Reference Page Description in the Query Description

No. Clause Reference Tender

13. Preparation of Bids

General

A) In preparing the Proposal, the Consultant is expected to examine the bids in

detail. Material deficiencies in providing the information requested in the bid
may result in rejection of the Proposal

B) Queries relevant to the bid documents shall be addressed to Chief Engineer,

preferably at least one (1) day prior to the pre-proposal/Pre-bid meeting.

C) BMC will respond to any such request for clarifications, which are received in
stipulated time. The response however, will be in the form of written
communication.

D) The Consultant shall bear all costs associated with the preparation and
submission of its Proposal. The Employer is not bound to accept any proposal,
and reserves the right to annul the selection process at any time prior to Contract
award, without thereby incurring any liability to the Consultant.

E) The Consultant shall not add to or amend the text of the Bid Document except in
so far as may be necessary to comply with the addendum issued by the
Corporation. If it is found that the Consultant has violated this condition, his bid
is liable to be rejected

14. Language of Bid

The language of the bid shall be English. Documents/ Information in any other language
shall be accepted only if accompanied by translations certified by Consulates/ Embassies
in case of foreign bidders or Gazetted Officers conversant with the language of the
document in case of local bidders. Only English text shall be governing in e-tendering.
15. Format of the Bid

The Consultant shall submit the bid online in three parts, Le. Packet-A (Eligibility),
Packet-B (Technical Bid) and Packet-C including Folder C (Commercial Bid) and shall
contain following documents.

Packet A (Eligibility):

1. Bidders will have to create their e-wallet for online payment. Tender Security
/Earnest Money Deposit (EMD) of Rs.9,00,000/-to be paid online through
payment gateway of NIC portal https://www.mahatenders.gov.in. System will
generate acknowledgement of this E.M.D. amount paid online through payment
gateway from e-wallet of the bidder, the scanned copy of which shall be
uploaded in Packet 'A' of e-Tendering portal,

2. In case of Indian consultants, scanned copy of Goods and Service Tax Registration
Certificate is mandatory. Those not registered shall submit an undertaking to
that effect.

3. In case of Indian consultants, scanned copy of 'PAN' document and photographs

of the individuals, owners, Karta of Hindu undivided family, firms, private limited
companies, registered co-operative societies, partners of partnership firms and
at least two Directors, if number of Directors are more than two in case of Private
Limited Companies, as the case may be. However, in case of Public Limited
Companies, Semi Government Undertakings, Government Undertakings, no
'PAN documents will be insisted.

4. Scanned copy of Company Registration Certificate.

5. Scanned copy of latest Partnership Deed, in case of Partnership firms. (wherever

applicable)

6. Scanned copy of duly registered Power of Attorney, wherever applicable.

7. Valid e-Mail IDs of the consultants and name of the person for correspondence

8. Scanned copy of ISO-9001 Certification.

The department reserves the right to seek clarifications/information/shortfalls from a

consultant. If required, the content of the scanned copies of the documents uploaded
in Packet 'A' will be compared with the original documents. If any discrepancies are
observed such consultants will be disqualified from the bidding process

Note: Packet-B of the tender shall be opened in case the tenderer meets all the
requirements specified for Packet-A.
Packet B (Technical bid):

- Scanned copy of Documents in support of meeting the eligibility criteria defined in

the tender.

- Complete Technical Proposals-Standard Forms as per Section VI.

- Digitally signed complete Tender Documents including Addenda, corrigenda if any.

The department reserves the rights to seek clarifications /information from consultants
on shortfalls in Packet 'B' submission.

Consultants may note that Municipal Commissioner shall reject the bid if the consultant
submits the conditional tender, stipulates hedging condition/own conditions and also
stipulates the validity period less than what is stated in the tender.

If required, the content of the scanned copies of the documents uploaded in Packet "B"
will be compared with the original documents. If any discrepancies are observed such
consultants will be disqualified from the bidding process.

Note:

The consultant should furnish official e-mail IDs of the firm for communication. Any
communication with the bidder will be made on such provided e-mail IDs only.

If any additional information is requested by BMC, then such additional information

should be e-mailed within the period stipulated. If additional information is not received
in stipulated time, in such lapses, BMC shall not be responsible and it will be treated as
Non-Compliance of additional information by the Consultants. 10% of EMD paid by Bidder
shall be forfeited by BMC, if tenderer fails to furnish required information in Packet-B
after intimation is given to him for eligibility.

Packet C (Commercial bid):

The Bidder shall submit the Commercial bid (Packet C and Folder C) online by filling
Complete Financial Proposal as follow:

The bidder shall fill ONLINE the total cost of financial proposal as per Form FIN 2:
'Summary of Cost', whereas breakup of cost as per Form FIN 3: 'Breakdown of
Remuneration of Key Staff and Support Staff’ shall be uploaded in Folder 'C'. The bidder
shall also upload Form FIN-1 ‘Financial Proposal Submission Form' in Folder ‘C’.

The bidder shall also submit hardcopy of Form FIN 3: 'Breakdown of Remuneration of Key
Staff and Support Staff’ and hardcopy of Form FIN-1: 'Financial Proposal Submission Form'
in sealed envelope marked as 'FOLDER-C' preferably at the time of opening of Packet C.
Uploaded Folder-C and hardcopy of Folder-C shall be opened only after opening of e-
Packet-C.
16. Conditional Proposals by Bidder

Bidders shall upload the offers that comply with the requirements of the e-tendering
documents in Bidder's folders. If the Bidder suggests any alternative or stipulates his
own condition(s), the e-tenders shall be rejected.

17. Amendment of contents of proposal

a) Before the last date for submission of bids, the BMC may modify the bid
documents by issuing addendum/ corrigendum and publishing on e-tendering
portal (https://www.mahatenders.gov.in)

b) Any addendum/corrigendum/clarifications thus issued shall be part of the bid

documents and shall be published portal (https://www.mahatenders.gov.in) on e-
tendering portal

c) The addendum/corrigendum/clarifications thus issued shall be downloaded,

digitally signed by the Consultant and uploaded along with the bid in Packet-B.

d) In order to give prospective Consultants reasonable time to consider the

addendum/corrigendum/clarifications before submitting & uploading their bids,
the BMC may extend as necessary the last date for submission of bids.

18. Rates and Prices

The Consultant shall quote the price online in Commercial Bid (Packet-C) only as
illustrated in Form FIN-2. The rate shall invariably include the cost of the work arising
out of scope of the work mentioned in the Terms of References (TOR). The prices quoted
shall be firm and no Price Adjustment/Escalation shall be applicable.

The tender shall be for the whole work as described in Terms of Reference' attached
hereto based on the Personnels man-months and other cost quoted by the consultant.

The bid prices shall be inclusive of all applicable taxes & duties in force. However, as per
the GST notification No.9/2017 and No. 12/2017 both dated 28.06.2017, the work of
project management consultancy falls under Twelfth Schedule of Article 243(w) of the
Constitution, which is a 'pure service' and hence is exempted from GST. The Goods and
Service Tax shall be reimbursed at actuals, if applicable in future as per Govt.
notifications. (Please note BMC's circular no. C.A/Finance/project/25 dated 12.07.2022
and no. C.A/Finance/project/28 dated 28.03.2023 enclosed as part of this tender
document)

The currencies for the bid shall be INR (Indian National Rupees) Only.
19. Signing of Bid Document

Consultants are requested to sign at appropriate place in the tender form & formats,
etc. after making appropriate entries, wherever necessary. The uploaded documents
shall also be digitally signed. If the Bid is made by firm in partnership, it shall be signed
by all the partners of the firm above their full names and current addresses or by a
partner holding the Power of Attorney for the firm for signing the bid, in which case, the
partnership deed, current address of the firm and full names and current addresses of
all the partners of the firm shall also accompany the bid. If the bid is made by a limited
Company or a limited corporation, it shall be signed by a duly authorized person holding
the Power of Attorney for signing the bid, in which case, the Power of Attorney shall
accompany the bid. Such Limited Company or Corporation may be required to furnish
satisfactory evidence of its existence before the contract is awarded.

Successful Bidder shall have to submit all documents required to execute the contract
within one month of the receipt of intimation to execute the contract, failing which a
penalty of Rs.5000/- per day will be levied.

20. Modification of Documents

Modifications of specifications and extension of the end date of the Bid, if required, will
be made by BMC by issuing necessary addendum/corrigendum. Such
addendum/corrigendum will be uploaded in the bid and same will be displayed on e-
tendering portal (https://www.mahatenders.gov.in). Such Addendum / Corrigendum
shall be signed by the Bidder and shall form a part of the Bidders' bid.

21. Submission of Bids

All bids shall be submitted online in e-tendering module.

22. Opening of bid

First Packet- A of the Bidder shall be opened Packet-B of only those Bidders found
responsive in respect of Packet-A shall be opened and the Technical Bid (Packet-B) shall
be scrutinized.

To assist in the examination, evaluation and comparison of offers, BMC may, at its
discretion, ask for clarifications on submitted offers. The request and the response to
clarification will be e-mailed in writing and no change in price or specification of the
offer will be permitted.

The Bidders found responsive shall be asked to produce the original documents, the
scanned copies of which are uploaded in the bid, if required.
 The original documents shall be produced for verification within stipulated time from
the date of intimation, failing which the offer of the respective Bidder may be treated as
non-responsive and 10% amount of EMD paid by tenderer will be forfeited.

If any discrepancies are observed and false documents are found to be uploaded by the
Bidder, such Bidder will be disqualified from the bidding process. Further, action as liable
e g. disqualification of the bid and Consultant under rules/regulations shall also be
initiated against such Consultant who submits false/fake documents.

Only the Bidders who qualify in Packet 'A' and Packet 'B' and with technical score with
minimum of 70 marks will be considered as responsive for opening financial bid i.e.
Packet 'C'.

Any effort by any prospective firm to influence the BMC's processing of proposals and/or
award decisions may result in rejection of the proposal of that firm.

23. Evaluation of the Bids (Packet B)

In comparing bids, the corporation shall consider such factors as the efficiency and
reliability of approach and methodology, proposed key experts, compliance with the
terms of reference, standards, quality, environment and safety (QES) and the Bidder's
capacity to perform vis-a-vis the time of completion, etc. The Engineer may seek
clarifications on the Bidder's technical proposal, if required to help him in technical
evaluation.

The bids shall be evaluated on 'Least Cost Selection Basis (LCS)' method as per the
scheme of marks given in the e-Tender. Minimum marks for the qualifying technical
criteria shall be 70 out of 100 and commercial bid (Packet C) of only qualifying Bidders
shall be opened.

The general scheme for evaluation is given in Tables below:

Table A: Overall Marking Criteria:

Item Description Maximum

Marks

Technical Evaluation including firm capabilities

1 Financial capabilities and technical capabilities (as per 50

Table B below)

2 Qualification and Experience of Staff (as per table C below) 40

3 Permanency of Staff (as per table D below) 10

Total: 100
Table B: Financial and Technical capabilities of bidders:

Sr. Bidders Capabilities Parameter Criteria Marks Max

No. Marks

I Financial Capabilities
1 Average annual turnover of Above 150 Minimum 10 10
consultancy firm in the last five Crores 100 Crores
(5) financial years.
100-150 8
Crores
II Technical Capabilities
The consultancy firm, as a single Two additional plants of
entity or member of Joint not less than 75 MLD
Venture Firm (with minimum capacity with Sludge
30% shareholding in JV) must Treatment each over and 40
have carried out the work of above that mentioned in
preparation/review of Design, post qualification criteria
Engineering and supervision
during construction period, One additional plant of
internationally / nationally for not less than 75 MLD 35
project involving Wastewater capacity with Sludge
treatment along with Sludge Treatment over and above
Management, for that mentioned in post
qualification criteria

One Project of
Wastewater treatment of
capacity not less than 180 40
MLD capacity with Sludge
Treatment in the last ten
years.

OR

Two Projects of
Wastewater treatment of
30
capacity not less than 90
MLD with Sludge
Treatment each in the last
ten years.

OR

Three Projects of
Wastewater treatment of
capacity not less than 75
MLD with Sludge
Treatment each in the last
ten years.
Table C: Key Persons as specified-

Sr. No. Position Total Marks

Key Staff:
1 Project Manager 6
2 Resident Engineer - Civil 4
3 Resident Engineer - Mechanical 4
4 Resident Engineer-Electrical & Instrumentation 3
5 Safety Expert 2
Support & Back-office Staff
6 Structural Engineer 1
7 Sludge Expert (International) 4
8 Environmental Expert 2
9 Process Expert (International) 2
10 Geotechnical Expert 1
11 Mechanical Engineer 1
12 Electrical Engineer 1
13 Instrumentation Engineer 1
14 Contract Expert 1
15 Quality Engineer 1
16 Microbiologist 2
17 Finance Expert/Business Development Professional 2
18 Site supervisors (6 supervisors x 12 months = 72) 1
19 CAD Operator 1
Total 40

Criteria for marking professional staff

Sr. Description Percentage

No.

1 Academic qualifications 25
2 Total Experience 40
3 Relevant Experience 35
 Table D: Permanency of Staff (On pay-roll for atleast two (2) years)

Sr. Criteria Marks Max.

No. Marks

1 Project Manager and Sludge Expert (International) + 10

Two (2) additional Permanent key staff 10
2 Project Manager and Sludge Expert (International) + 9
One (1) additional Permanent key staff

3 Project Manager and Sludge Expert (International) 8

Note-

a) All above Key Personnel shall be conversant with English language

b) The Bidders should upload general information on the Organizational set up of

the firm to allow the Employer to review their proposals.

c) Total professional experience will start from date of graduation (first degree).

d) Relevant experience is the experience in the field as stated against each

personnel.

e) Adequacy experience is the experience in sewage treatment plant which should

be 50% of relevant experience in the field.

f) If the person does not have professional qualification as stated in table under
Clause 12(3)-Personnel Capabilities in Section III, then its relevant & adequate
experience will not be taken into consideration.

g) Project Manager and Sludge Expert (International) should be on pay-roll of the

Consultancy firm for the last two (2) year. The proof to this effect shall be
submitted along with the bid. If this condition is not met, then the bid shall be
rejected outright

h) if the staff is permanent, then for the Indian staff, Form-16 of the permanent
employee and for foreign staff, the certificate from HR of the company is
mandatory.

24. Post Bid Correspondence

Bid shall be termed to be under consideration from the opening of the bids, until such
time an official announcement of award is made. While bids are under consideration,
Bidders and their representatives or other interested parties, are advised to refrain from
contacting by any means the Corporations personnel or representatives on matters
related to the bids under consideration.
 The BMC engineer's representative, if necessary, will obtain clarification of bid by
requesting such information from any or all the Bidders either in writing or through
personal contact as may be necessary. The Bidder will not be permitted to change the
substance of his bid after bids have been opened.

25. Date of opening and evaluation of financial bids (Packet-C)

The price packet of the technically responsive proposals will be opened on a date as
mentioned in the e-tender notice.

The date of opening of Financial Proposal shall be intimated to the qualified Bidders
separately after the technical evaluation is completed.

The employer reserves the right to accept or reject any variation or deviations, and other
factors which are in excess of the requirements of the bidding documents or otherwise
result in actual of unsolicited benefits to the employer shall not be taken in to account
in bid evaluation.

26. Rejection of Bid

The bid is liable to be rejected, if the Bidder

a) Does not submit the proofs of qualification criteria,

b) Stipulates the validity period less than what is stated in the bid,

c) Stipulates his own conditions,

d) Does not disclose his full name and address with telephone no. and also the full
names and addresses with telephone nos. of all his partners in the case of
partnership concern.

e) Does not fill in Form-FIN 2 online.

f) Does not submit the EMD as per clause 9 of Instructions to Bidders.

g) Does not submit the bid before the stipulated time on the specified date.

h) If the bid is filled up partially in splitter manner, it will be treated as non-

responsive.

27. Payment Terms

The terms of payment are mentioned in Section - IV: 'General Conditions of Contract'
and Section-V: ‘Terms of Reference' The Corporation shall not under any circumstances
relax the terms of payment and will not consider any alternative terms of payment.
Bidders should therefore, in their own interest, note this provision, to avoid rejection of
their bids. Currency of Payment shall be Indian Rupees only.
28. Award of Contract

The Contract will be awarded to the technically qualified and responsive Bidder on Least
Cost Selection (LCS) basis in conformity with the Terms of References subject to the
provisions of 25 & 26 above. (Evaluation of Bids).

Prior to the expiration of the period of bid validity, the Corporation will notify the
successful Bidder in writing by registered letter or by Fax/e-mail to extend the validity
period of his bid. The successful Bidder will be informed in writing by registered letter
that his bid has been accepted.

The bid acceptance letter will be issued to the bidder by BMC, which shall state the
amounts of Contract/Security deposit, Legal charges, Stationary charges, Insurances,
etc. to be paid by the successful Bidder as detailed in the Acceptance Letter.
Postponement of the payment of the full security deposit or the execution of the
contract will not be permitted by reason of the Brihanmumbai Municipal Corporation
having in possession, other deposits on account of other bids or contract, which deposits
may be or become returnable to the Bidders and which they may wish to transfer as a
security deposit under this contract. Such transfers will not under any circumstances be
permitted.

The SAP Purchase Order/Work Order will be generated and issued to the successful
Bidder only after making the necessary payments as stated in the acceptance letter. The
same shall be paid by the successful Bidder for preparing contract documents for the
subject work.

The issue of Letter of Acceptance will constitute the formation of the Contract.

If after award of bid, it is found that the accepted Bidder has violated any
instructions/conditions as in the tender, the bid shall be liable for cancellation at any
time while in progress in addition to penal action against the Bidder as well as related
firms/establishments.

In the event of Bid being accepted, they must be signed by all the members of the firm.
If any one or more partners are absent, the signatory must produce a power of attorney
authorizing him to sign on behalf of all absent partners.

The Contract must be signed by the two Directors with the common seal of the Company
or by the Managing Director or by a person having a power of Attorney to sign the
Contract. Certified copy of power of attorney must be produced in the office of the Chief
Engineer (MSDP).

Successful Bidder shall have to submit all the documents required to execute the
contract within one month of receipt of intimation failing which a penalty of Rs.5000/-
per day will be levied.
29. Tendering under different names:

a) Firms with common proprietor/partner or connected with one another either

financially or as principal and agent or as master & servant or with
proprietor/partners closely related to each as husband, wife, father, mother and
minor son/daughter and brother/sister and minor brother/sister, shall not bid
separately under different names for the same Contract

b) If it is found that firms as described in (a) above have tendered separately under
different names for the same Contract, all such bid(s) shall stand rejected and
tender deposit of each such firm/ establishment shall be forfeited. In addition,
such firms/establishments shall be liable, at the direction of the Municipal
Commissioner, for further penal action including blacklisting.

c) If it is found that clearly related persons as in (a) have submitted separate

bid/quotations under different names of firms/establishments but with common
address for each establishment/firm, though they have different addresses, are
managed or governed by the same person/persons jointly or severally, such bids
shall be liable for action as in Para (b) above including similar action against the
firms/establishments concerned

d) If after the Award of Contract, it is found that the successful bidder has violated
any of the conditions in Paras (a), (b) or (c) above, the contract shall be liable for
cancellation at any time while in progress in addition to penal action against the
Bidder as well as related firms/establishments.

30. Stamp Duty, Legal Charges, Bill Forms.

The payments towards legal charges, stamp duty as applicable (on contract agreement
& bank guarantees), supply of bill forms as per the prevailing rates shall be borne by
successful Bidder. At present the legal & stationary charges are Rs.50,685/- + applicable
18% GST. The successful Bidder shall also pay stamp duty required against each
extension of Bank Guarantee/s.

31. Performance Security

Within 30 days from the receipt of notification of award from BMC, the successful Bidder
shall furnish a Performance Security amounting to 5% (Five percent) of Contract Cost in
the form of single Bank Guarantee (as per attached format of Appendix-B) from any of
the banks from the list enclosed below. The notification of award will constitute
formation of contract agreement and within 30 days from receipt of the agreement
form, the successful bidder shall execute the agreement and return the same to BMC.

This BG shall be valid for entire contract period. Successful Bidder shall also pay stamp
duty on BG and also on extended BG, as applicable as per rate prevailing at that time.
32. List of Approved Banks

The Banker's Guarantees issued by branches of approved Banks beyond Kalyan and Virar
can be accepted only if the said Banker's Guarantee is countersigned by the Manager of
a Branch of the same Bank within the Mumbai City limit categorically endorsing thereon
that the said Banker's Guarantee is binding on the endorsing Branch of the Bank within
Mumbai Limits and is liable to be enforced against the said Branch of the Bank in case
of default by the contractor/supplier furnishing the Banker's guarantee Bank
Guarantees from Banks listed in RBI's latest schedule shall prevail.

S.B.I. & its subsidiary banks:

State Bank of India State Bank of Patiala
Deleted. State Bank of Saurashtra
State Bank of Hyderabad State Bank of Travankore
State Bank of Mysore State Bank of Indore
Nationalized Banks Oriental Bank of Commerce
Canara Bank Punjab National Bank
Andhra Bank Punjab & Sind Bank
Bank of Baroda Syndicate Bank
Bank of India Union Bank of India
Bank of Maharashtra Vijaya Bank
Central Bank of India UCO Bank
Dena Bank United Bank of India
Indian Bank Corporation Bank
Indian Overseas Bank Alahabad Bank
Scheduled Commercial Banks: Jammu and Kashmir Bank Ltd.
Corporation Bank Karnataka Bank Ltd.
Bank of Madura Ltd. Karur Vysya Bank Ltd.
Bank of Rajasthan Ltd. Lakshmi Vilas Bank Ltd.
Banaras State Bank Ltd. Nedungadi Bank Ltd.
Bharat Overseas Bank Ltd. RatnakarBank Ltd.
Catholic Syrian Bank Ltd. HDFC Bank.
City Union Bank Ltd. South Indian Bank Ltd.
Development Credit Bank S.B.I. Commercial & int. Bank Ltd.
Dhanalakshmi Bank Ltd. Tamilnadu Mercantile Bank
Federal Bank Ltd. Axis Bank Ltd.
Indusind Bank Ltd. Vysya Bank Ltd.
I.C.I.C.I. Banking Corporation Ltd.
Kotak Mahindra Bank.
 Scheduled Urban Co. Op. Banks. Thane Janata Sahakari Bank.
Abhyudaya Co. Op. Bank Ltd. North Canara G.S.B. Co. Op. Bank Ltd.
Bassein Catholic Co. Op. Bank Ltd. Rupee Co. Op. Bank Ltd.
Bharat Co. Op. Bank Ltd Sangli Urban Co. Op. Bank Ltd.
Bombay Mercantile Co. Op. Bank Ltd Saraswat Co. Op. Bank Ltd.
Cosmos Co. Op. Bank Ltd Shamrao Vithal Co. Op Bank Ltd.
Greater Mumbai Co.O p. Bank Ltd Citizen Co. Op. Bank Ltd.
Maharashtra State Co. Op. Bank Ltd Mahanagar Co. Op. Bank Ltd.
Mumbai District Central Co. Op. Bank Ltd. Punjab & Maharashtra Co. Op. Bank
Janata Sahakari Bank Ltd Ltd.
Jan Kalyan Sahakari Bank
YES Bank Ltd.
Foreign Banks Barclays Bank
Deleted. Citibank
American Express Bank Ltd. Mitsui Taiyokobe Bank Ltd.
ANZ Grindlays Bank Standard Chartered Bank
Bank of America. Cho Hung Bank
Bank of Tokyo Ltd. Hong Kong& Shanghai Banking
Bank Indosuez Corporation.
Royal Bank of Scotland
Bank National de Paris.

33. Refund of Performance Guarantee

The original Performance BG (5% of contract cost) shall be returned to the consultant
without any interest after completion of contract.

34. Jurisdiction of Courts

In case of any claim, dispute or difference arising in respect of the contract, the cause
of action thereof shall be deemed to have arisen in Mumbai and all legal proceedings
in respect of any such claim, dispute or difference shall be instituted in a competent
court in the city of Mumbai only.

35. Import License

The Bidders shall have to make their own arrangements to secure import license
and/or release of controlled or scarce raw materials or parts if required by them for
fulfilment of their contract. The Municipal Commissioner shall not be bound to give
any assistance to the Bidders in that behalf.
36. Payment of Bills & other claims-
The payment of bills and other claims arising out of the contract will be made by
ECS/RTGS/NEFT. The successful Bidder, therefore, will have to furnish the information
as regards the Vendor No. registered with BMC. Vendor No. can be obtained by paying
the requisite fees and giving necessary information such as PAN Card, Bank Details,
Goods and Service Tax Registration, etc. in the prescribed form available with BMC

All payments shall be made in INR and not in any other currency.

Daily attendance report and worksheet report of Key as well as non-key staff shall be
submitted to BMC along with monthly bill. Consultants shall have weekly off on
Sundays and leave on national holidays.

All the leaves shall be applicable as per the Consultancy Company Rules. For key staff,
any leave other than weekly off shall be availed with prior intimation to Engineer of
the Contract.

37. Indian Laws and Indian Environment

The law applicable is Law of Union of India with jurisdiction of competent courts at
Mumbai and Bidder should be aware of all the environment Conditions in India.

38. Price Adjustment

Price Adjustment will not be applicable for this work.

39. Fraudulent and Corrupt Practices

The Employer requires that Bidders observe the highest standard of ethics during the
Tender Process. In pursuance of this, the Employer:

a) defines, for the purposes of this provision, the terms set forth below as follows:

i. corrupt practice is the offering, giving, receiving or soliciting, directly or

indirectly, of anything of value to influence improperly the actions of another
party,

ii. fraudulent practice is any act or omission, including a misrepresentation or

hiding of legal status, that knowingly or recklessly misleads, or attempts to
mislead, a party to obtain a financial or other benefit or to avoid an obligation,

iii. collusive practice is an arrangement between two or more parties designed

to achieve an improper purpose, including to influence improperly the actions
of another party, and

iv. coercive practice is impairing or harming, or threatening to impair or harm,

directly or indirectly, any party or the property of the party to influence
improperly the actions of a party,
b) Will reject an e-Tender Submission if the Employer determines that the tenderer
recommended for award has, directly or through an agent, engaged in corrupt,
fraudulent, collusive, or coercive practices in competing for the Contract.
 SECTION- IV
General Conditions of Contract
 SECTION IV: General Conditions of Contract
1. General Provisions

1.1 Definitions

Unless the contract 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 Employer's country (In India), as they may be issued and in force from time
to time.

b) 'Contract' means the legally binding written agreement signed between BMC and
the Consultant. The issue of Letter of Acceptance (LOA) will constitute the
formation of the Contract.

c) 'Effective Date' means the date on which this Contract comes into force and effect
pursuant to Clause 2.1 hereof.

d) GCC means the General condition of contract.

e) 'Government' means the State and/or Central Government of the Employer's

country.

f) 'Party' means the BMC or the Consultant, as the case may be.

g) 'Services' means the work to be performed by the Consultant pursuant to this

Contract for the purposes of the Project, as described in Terms of Reference.

h) 'Sub-Consultant' means any entity to which the Consultant subcontracts any part
of the Services in accordance with the provisions of Clause 3.7 herein after.

i) Third Party means any person or entity other than the Government, the BMC, the
Consultant or a Sub-Consultant.

j) 'BMC means and includes Brihanmumbai Municipal Corporation/ Municipal

Commissioner for Brihanmumbai Municipal Corporation for the time being
holding the office and also his successors, Additional Municipal Commissioner
(Projects)/Deputy Municipal Commissioner (Engineering), Chief Engineer (MSDP)
and/or their appointed officers for performance of the contract.

k) 'Employer/Client' means BMC (Brihanmumbai Municipal Corporation).

For this consultancy services, Employer is Deputy Municipal Commissioner

(Engineering).

l) 'Site' means land or other places where the works are to be executed or other
working places as may be specifically designated by BMC.
 m) 'Drawings means, drawing referred to in the specification and/or any
modifications to the drawings, approved by BMC
n) 'Works' means, work to be executed in accordance with contract, or part thereof,
as case may be and shall also include all extra/additional, alternation/substitution
as required for performance of the contract.
o) The Contract Price' means the sum named in the bid subject to such additions
thereto or deduction therefrom as may be made under the provisions hereinafter
contained.
p) The Engineer' of the contract means Chief Engineer (MSDP) and/or any of his
appointed officers for performance of the Contract.
q) 'Personnel' means persons hired by the Consultant or by any Sub Consultant as
employees and assigned to the performance of the Services or any part thereof,
'Foreign Personnel' means such persons who at the time of being so hired had
their domicile outside the Government of India,; 'Local Personnel' means such
persons who at the time of being so hired had their domicile inside the
Government of India.; and 'personnel' means the personnel referred to in Clause
GCC 4.2 (a).
r) 'Key Expert(s) means an individual professional whose skills, qualifications,
knowledge and experience are critical to the performance of the Services under
the Contract and whose Curriculum Vitae (CV) was taken into account in the
technical evaluation of the Consultant's proposal.
s) 'Services' means the work to be performed by the Consultant pursuant to this
Contract described in Terms of Reference.
t) 'Project Management Consultant' means Consultant appointed by Employer for
each section of the work.
Interchangeable words used:
WwTF = STP,
EMD = Tender Security = Bid Security
1.2 Law Governing Contract

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

1.3 Language

This Contract has been executed in the English language, which shall be the binding and
controlling language for all matters relating to the meaning or interpretation of this
contract
1.4 Headings

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

1.5 Notices

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

this Contract shall be in writing. Any such notice, request or consent shall be deemed to
have been given or made when delivered in person to an authorized representative of
the Party to whom the communication is addressed, or when sent by registered mail to
such Party Client's address for such communication is as below:

Office of Chief Engineer (MSDP),

2nd floor, Engineering Hub Building,
Dr. E. Moses Road, Near Worli Naka,
Worli, Mumbai-400 018
Email: [email protected]

1.6 Location

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

Reference hereto and, where the location of a particular task is not so specified, at
such locations as the Client may approve.

1.7 Authorized Representatives

Any action required or permitted to be taken, and any document required or permitted
to be executed under this Contract, may be taken or executed,

a) On behalf of BMC by Chief Engineer (MSDP).

b) On behalf of the Consultant(s) by his/their designated representative.

1.8 Income Tax

The Consultant and the Personnel shall pay the Indian Income taxes, levied under the
Applicable Law and the BMC shall perform such duties in regard to the deduction of such
tax as may be lawfully imposed.

The Contract price is deemed to have included such amounts.

2. Commencement, Completion, Modification and Termination of Contract

2.1 Effectiveness of Contract
This Contract shall come into force and effect on the date (the 'Effective Date'), on which
the LOA is issued.
2.2 Commencement of Services

The Consultant shall begin carrying out the Services on such date as the Parties may
agree in writing.

2.3 Expiration of Contract

Unless terminated earlier pursuant to Clause 2.7 hereof, this Contract shall terminate
when, pursuant to the provisions hereof, the Services have been completed and the
payments of remuneration and reimbursable expenditures have been made. This
contract shall automatically expire at the end of contract period unless extended
expressly by both the parties in writing. In case, the services have been rendered to
mutual satisfaction by both the parties and necessary payments are made, the contract
shall automatically expire even if the contract period is not over.

2.4 Modification

Modifications of the terms and conditions of this Contract, including any modification of
the scope of the Services, may only be made by written agreement between the Parties.

2:5 Force Majeure

2.5.1 Definition

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

2.5.2 No Breach of Contract

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

2.5.3 Measures to be Taken

a) A Party affected by an event of Force Majeure shall take all reasonable measures
to remove such Party's inability to fulfil its obligations hereunder with a minimum
of delay.
b) A Party affected by an event of Force Majeure shall notify the other Party of such
event as soon as possible, and in any event not later than fifteen (15) days
following the occurrence of such event, providing evidence of the nature and
cause of such event, and shall similarly give notice of the restoration of normal
conditions as soon as possible.
c) The Parties shall take all reasonable measures to minimize the consequences of
any event of Force Majeure.

2.5.4 Extension of Time

Any period within which a Party shall, pursuant to this Contract, complete any action
or task, shall be extended for a period equal to the time during which such Party was
unable to perform such action as a result of Force Majeure.

2.5.5 Consultation

Not later than thirty (30) days after the Consultant, as the result of an event of Force
Majeure, have become unable to perform a material portion of the Services, the
Parties shall consult with each other with a view to agreeing on appropriate measures
to be taken in the circumstances.

2.6 Suspension

The Client may, by written notice of suspension to the Bidder, suspend payment to the
Consultant hereunder if the Consultant fail to perform any of their obligations or any
deficiency in services 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) days after receipt by the Consultant of such notice of suspension.

2.6.1 Step-in Rights

In event if the Employer is not satisfied with the performance of consultancy during
execution of whole of the work or part thereof then Employer may at any time shall
take over the responsibility for the Consultancy by issuing 15 days' prior notice to the
Consultant as per the Clause no. 2.7.1 and shall assign the said work to any other
consultants or may carry out the said work with the employees of Employer.

Under such event Employer shall not pay the balance amount if any to the consultants
and the consultant shall not be allowed to participate in any of the work within BMC
for atleast 3 years.

2.7 Termination

2.7.1 By BMC

The BMC may, by not less than thirty (30) days' written notice of termination to the
Consultant (except in the event listed in paragraph (f) below, for which there shall be a
written notice of not less than sixty (60) days), such notice to be given after the
occurrence of any of the events specified in paragraphs (a) through (e) of this Clause
2.7.1, terminate this Contract:

a) if the Consultant fail to remedy a failure in the performance of their obligations

hereunder, as specified in a notice of suspension pursuant to Clause 2.6
hereinabove, within thirty (30) days of receipt of such notice of suspension or
within such further period as the Client may have subsequently approved in
writing.

b) if the Consultant become 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 fail to comply with any final decision reached as a result of
amicable settlement pursuant to Clause 9.1 hereof.

d) if the Consultant submit to the Client a statement which has a material effect on
the rights, obligations or interests of the Client and which the Consultant know to
be false.

e) if, as the result of Force Majeure, the Consultant are unable to perform a material
portion of the Services for a period of not less than sixty (60) days or
 f) if the client, in its sole discretion and for any reason whatsoever, decides to
terminate this Contract.

g) if the Consultant does not perform its duty as per the terms of reference and does
not deploy the necessary personnel as per terms of reference then Client at its
sole discretion shall terminate the Contract without assigning further reasons.

2.7.2 By the Consultant

The Consultant may, by not less than thirty (30) days written notice to the BMC, such
notice to be given after the occurrence of any of the events specified in paragraphs (a)
through (d) of this Clause 2.7.2, terminate this Contract:

a) if the Client fails to pay any money due to the Consultant pursuant to this
contract and not subject to dispute within forty-five (45) days after receiving
written notice from the Bidder that such payment is overdue.

b) 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 notice specifying such breach.

c) if, as the result of Force Majeure, the Consultant are unable to perform a material
portion of the Services for a period of not less than sixty (60) days, or

d) if the Client fails to comply with any final decision reached as a result of amicable
settlement pursuant to Clause 9.1hereof

2.7.3 Payment upon Termination

Upon termination of this Contract pursuant to Clauses 2.7.1 or 2.7.2 hereof, the BMC
shall make the payments to the Consultant for Services satisfactorily performed prior
to the effective date of termination.

3. Obligations of the Consultant

3.1 General

3.1.1 Standard of Performance

The Consultant shall perform the Services and carry out their obligations hereunder
with all due diligence, efficiency and economy, in accordance with generally accepted
techniques and practices used in the construction industry and with professional
engineering and consulting standards recognized by international professional
bodies, and shall observe sound management, and technical and engineering
practices, and employ appropriate advanced technology and safe and effective
equipment, machinery, materials and methods. The Consultant shall always act, in
 respect of any matter relating to this Contract or to the Services, as faithful advisers
to the BMC, and shall at all times support and safeguard the BMC's legitimate
interests in any dealings with Sub-Consultant or Third Parties.

3.1.2 Law Governing Services

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

The consultant has to follow CVC guidelines wherever applicable.

3.2 Conflict of Interests

3.2.1 Bidder not to benefit from Commissions, Discounts etc.

The remuneration of the Consultants pursuant to Clause 6 hereof shall constitute the
Consultant sole remuneration in connection with this Contract or the Services and,
subject to Clause 3.2.2 hereof, the Consultant shall not accept for their own benefit
any trade commission, discount or similar payment in connection with activities
pursuant to this Contract or to the Services or in the discharge of their obligations
hereunder, and the Consultant shall use their best efforts to ensure that any Sub-
Consultant, as well as the Personnel and agents of either of them, similarly shall not
receive any such additional remuneration.

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

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

3.2.3 Prohibition of Conflicting Activities

Neither the Consultant nor their Sub-Consultant nor the 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.

3.3 Confidentiality

The Consultant, their Sub-Consultant and the Personnel of either of them shall not,
either during the term or within two (2) years after the expiration of this Contract,
disclose any proprietary or confidential information relating to the Project, the
Services, this Contract or otherwise without prior written consent of the BMC.
3.4 Liability of the Consultant

The Consultant shall be liable to BMC for the performance of the Services in accordance
with the provisions of this contract and for any loss suffered by the Client because of a
gross negligence or willful conduct on the part of the Consultant in such performance,
limited to the contract price and subject to the following.

a) The Consultant shall not be liable for any damage or injury caused by or arising
out of the act, neglect, default or omission of any persons other than the
Consultant, its Sub-Consultant or the Personnel of either of them, and

b) The Consultant shall not be liable for any loss or damage caused by or arising out
of circumstances over which the Bidder had no control.

3.5 Indemnification of the Client by the Consultant

The Consultant shall keep the BMC, both during execution and after the term of this
Contract until his contract exists, fully and effectively indemnified against all losses,
damage, injuries, deaths, expenses, actions, proceedings, demands, costs and claims,
including, but not limited to, legal fees and expenses, suffered by the Client or any Third
Party, where such loss, damage, injury or death is the result of a wrongful action,
negligence or breach of Contract of the Consultant or their Sub-consultant, or the
Personnel or agents of either of them, including the use or violation of any copyright
work or literary property or patented invention, article or appliance, costs and liabilities
("Claims") of any kind whatsoever incurred in connection with this Agreement,
regardless of the number of Claims, shall not exceed Consultant's fee on the Project.

3.6 Insurance to be Taken Out by the Consultant

The Consultant shall take out and maintain, and shall cause any Sub-Consultant to take
out and maintain, at their (or the Sub-Consultant, as the case may be) own cost but on
terms and conditions approved by the BMC, insurance, set forth below, and at the BMC's
request, shall provide evidence that such insurance has been taken out and maintained
and that the current premiums have been paid. All insurances for the Works shall be
taken from the Directorate of Insurance Maharashtra State / Insurance Regulatory
Development Authority of India (IRDA) and in the event that insurance cover is not
offered by the Directorate of Insurance, the same can be taken out from an insurance
company approved by the Maharashtra State Insurance Fund/IRDA.
3.6.1 Professional Liability Insurance

Professional liability insurance, with a minimum coverage equal to the Contract Price.
Professional liability insurance shall cover the claims arising out of losses and/or
damages during the period of insurance first made in writing against the Insured during
the Policy Period and Insured is indemnified in accordance with Operation Clause for
any breach of Professional duty by reason of any negligent act, error or omission,
whenever and wherever committed or alleged to have been committed during the
period of insurance and the deliberate non-compliance with technical standards
commonly observed in professional practice, laid down by law, or regulated by official
bodies. The insurance shall be in force covering the contact period and thereafter for
one year.

3.6.2 Third Party Insurance

a) The successful Consultant shall, in the joint names of the successful Consultant,
the Commissioner and the Engineer, insure against all damage or injury occurring
before all the works have been taken over to any person or to any property (other
than property forming part of the works) due to or arising out of the execution of
the works or during the travel to the site. Such insurance shall be affected for an
amount for Rs.1,00,000.00 per occurrence from the date of commencement till
completion of the contract and the successful Bidder shall from time to time when
so required by the Engineer produce the policy and the receipt for the premium.

b) Third Party motor vehicle liability insurance as required under Motor Vehicles Act,
1988 in respect of motor vehicles operated in India by the Consultant or their
Personnel or any Sub-Consultants or their Personnel for the period of consultancy
in accordance with applicable law.

3.7 Consultant's Actions Requiring BMC's Prior Approval

The Consultant shall obtain the BMC's prior approval in writing before taking any of
the following actions:

a) Appointing Personnel to carry out any part of the Services, including the terms
and conditions of such appointment

b) entering into a subcontract for the performance of any part of the Services, it
being understood

1) that the selection of the Sub-Consultant and the terms and conditions of the
subcontract shall have been approved in writing by the BMC prior to the
execution of the subcontract and
 2) that the Consultant shall remain fully liable for the performance of the
Services by the Sub-Consultant and its Personnel pursuant to this Contract.

3.8 Reporting Obligations

The Consultant shall submit four (4) copies of monthly progress reports to BMC, the
format for which shall be given by BMC.

3.9 Documents Prepared by the Consultant to be the Property of the Client

All plans, drawings, specifications, designs, reports and other documents prepared by
the Consultant in performing the Services shall become and remain the property of the
BMC and the Consultant shall, not later than upon termination or expiration of this
Contract, deliver all such documents to the BMC, together with a detailed inventory
thereof The Consultant may retain a copy of such documents but shall not use them for
purposes unrelated to this contract without the prior written approval of the BMC

3.10 Drawings

The Consultant shall supply four (4) hard copies and one copy in a Pen- drive in AutoCAD
format to BMC for each of all Approved construction drawings including revisions
thereto, in addition to providing RTFs of the final As-Built drawings along with four (4)
hard copies and one copy in a pen-drive in AutoCAD format of each of the drawings.

4. Consultant Personnel
4.1 General

The Consultant shall employ and provide such qualified and experienced Personnel as
are required to carry out the Services (as defined in TOR) following the provisions under
3.7 above.

4.2 Description of Personnel

a) The titles, agreed job descriptions, minimum qualifications and estimated

periods of engagement in carrying out of the Services of each of the Consultant's
Personnel shall be described in the offer.

b) If additional work is required beyond the scope of the Services specified in Terms
of Reference, the estimated periods of engagement of Personnel set forth may
be increased by agreement in writing between the BMC and the Consultant
provided that any such increase shall not, except as otherwise agreed, cause
payments under this Contract to exceed the ceilings set forth for the scope of
this Contract.
4.3 Agreed Personnel

The Consultant hereby agrees to engage the personnel and Sub- Consultant listed by
title as well as by name in the offer in order to fulfil the contractual obligations under
the contract.

If construction works at site get delayed or extended, the consultancy period shall be
extended suitably. Consultants are at liberty to withdraw its staff from sites during such
idle period/s in consultation with BMC. The consultancy work is on delivery basis and
extension will be granted without any cost implication to BMC

4.4 Removals and/or Replacement of Personnel

a) Except as the BMC may otherwise agree, no changes shall be made in the Key
Personnel. If, for any reason beyond the reasonable control of the Consultant,
such as retirement, death, medical incapacity, among others it becomes necessary
to replace any of the Key Personnel, the Consultant shall forthwith provide as a
replacement a person of equivalent or better qualifications subject to prior
approval from BMC.
b) If the BMC
1) finds that any of the Personnel has committed serious misconduct or has been
charged with having committed a criminal action, or
2) has reasonable cause to be dissatisfied with the performance of any of the
Personnel, then the Consultant shall, at the Client's written request specifying
the grounds thereof, forthwith provide as a replacement a person with
qualifications and experience acceptable to the Client.

The removal and/or replacement under (a) & (b) above shall have no cost implications
on BMC and the consultant shall be vicariously responsible.

Note: Replacement in agreed key staff, for the first instance, will be permitted without
imposition of any penalty. Any change in Project Manager or Sludge Expert
(International), thereafter, will attract a penalty of Rs.5,00,000/- each per occurrence
and any change in other key staff (i.e. R.E. Civil, R.E. Mechanical, R.E. Electrical &
Instrumentation, Reclamation Engineer and Safety expert) will attract a penalty of
Rs.2,00,000/- each per occurrence.

This penalty shall be applicable only upto Design Build period of the works.

This penalty is however, not applicable in the event of retirement, medical incapacity
and death of the personnel, subject to documentary evidence in that respect.

However, the bidder has to replace the key personnel with equivalent or better
qualification and experience. The decision for replacement shall be with the prior
approval of the Employer.
5. Obligations of the Client

5.1 Assistance and Exemptions

The BMC shall provide the Consultant, Sub-Consultant and Personnel with all such
assistance as shall be necessary to enable the Consultant, Sub- Consultant or Personnel
to perform the services.

5.2 Change in the Applicable Law

If, after the date of this Contract, there is any change in the Applicable Law which
increases or decreases the cost or reimbursable expenses incurred by the Consultant in
performing the Services, then the remuneration and reimbursable expenses otherwise
payable to the Bidder under this Contract shall be increased or decreased accordingly
by agreement between the Parties hereto, and corresponding adjustments shall be as
applicable

5.3 Payment

In consideration of the Services performed by the Consultant under this Contract, the
BMC shall make to the Consultant such payments and in such manner as is provided by
Clause 6 of this Contract.

5.4 Office for Consultant

Consultant has to arrange their office at suitable location within MMR region.

6. Payments to the Consultant

An all-inclusive cost of all services shall be payable in Indian Rupees. The modalities of
making payments are set forth in Terms of Reference

7. Fairness and Good Faith

7.1 Good Faith

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

7.2 Operation of the Contract

The parties recognize that it is impractical in this Contract to provide for every
contingency which may arise during the life of the Contract, and the Parties hereby agree
that it is their intention that this Contract shall operate fairly as between them, and
without detriment to the interest of either of them, and that, if during the term of this
Contract either Party believes that this Contract is operating unfairly, the Parties will use
their best efforts to agree on such action as may be necessary to remove the cause or
 causes of such unfairness, but no failure to agree on any action pursuant to this Clause
shall give rise to a dispute subject to arbitration in accordance with Clause 9 hereof.

7.3 GST

GST is a destination-based tax on consumption of goods and services. Any pure service,
as defined under the CGST Act rendered to BMC in relation to any activity and entrusted
under Article 243 (w) of the Constitution is exempt from GST. (Please note BMC's circular
no. CA/Finance/ project/25 dated 12.07.2022 and no. C.A/Finance/project/28 dated
28.03.2023 enclosed as part of this tender document)

7.4 Other Taxes

The BMC 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.

8. Compensation for Delay

If the Consultant fails to render timely services on or before the specified deadline (as
mutually agreed by both parties) and such delay is solely attributable to the Consultant,
without prejudice to any other right or remedy of BMC on account of such delay, the
Consultant shall pay compensation at the rate of % percent per month or part thereof
of total fees for that specified activity Provided always that total amount of such
compensation shall not exceed 10% of contract price including any additions and/or
deletions thereto. Any period within which a Consultant shall complete any action or
task shall be extended for a period equal to the time during which Consultant was unable
to perform such action as a result of delays caused by others then the Consultants will
be compensated to the tune of monthly charges on man-month basis.

9. Settlement of Disputes

9.1 Amicable Settlement

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

Any dispute arising out of or in connection with this contract shall be governed by
Arbitration and Conciliation Act, 1996 amended in October 2015.

The seat of arbitration shall be Mumbai. The language of the arbitration shall be English.
The law governing the contract shall be laws of India.

The arbitration proceedings shall be in accordance with the latest amendment of Indian
Arbitration & Conciliation Act.
10. Provisional Sum

Not Used.

11. Interest on Delayed Payment

If the employer has delayed the payment beyond 45 days after submission of the correct
invoice, then employer will pay to the consultant the simple interest @ 8% per annum.

12. Price adjustment/Escalation

Price Adjustment will not be applicable for this work.

 SECTION-II
Terms of Reference
 BRIHANMUMBAI MUNICIPAL CORPORATION
TERMS OF REFERENCE

Consultancy Services to prepare DPR & suggest measures for converting Class -A
sludge of Mumbai’s Wastewater Treatment Facilities (WwTFs) to useful products and
providing Project Management Services during execution of suggested measures.

1. Background Information:

(a) Sewerage Zones: For the purpose of sewage management, total area of Mumbai
City and Suburbs is divided into seven Sewerage Zones, namely, Zone I – Colaba,
Zone II – Worli, Zone III – Bandra, Zone IV – Versova, Zone V – Malad, Zone VI –
Bhandup and Zone VII – Ghatkopar.

Presently, each sewerage zone has one terminal Waste water Treatment Facility
(WwTF) for treatment of sewage generated in the respective zone & disposal of
treated sewage into sea/creek. Besides these seven WwTFs, one more WwTF at
Dharavi is being constructed to treat the part of sewage generated in Zone III:
Bandra. Thus, there would be eight (8) major WwTFs in future for entire Mumbai.

Zone 1 – Colaba

Zone 2 – Worli

Zone 3 – Bandra

Zone 4 – Versova

Zone 5 – Malad

Zone 6 – Bhandup

Zone 7 – Ghatkopar
 • City area includes Zone 1 (Colaba), Zone 2 (Worli), and part of Zone 3 (Bandra).

• Western Suburban area includes Zone 4 (Versova), Zone 5 (Malad), and part of
Zone 3 (Bandra)

• Eastern Suburban area includes Zone 6 (Bhandup), Zone 7 (Ghatkopar) and

part of Zone 3 (Bandra)

Mumbai has a robust sewage collection system comprising of about 2100 kms of
Sewer network, about 48 Sewage Pumping Stations and 7 Centralised Waste
Water Treatment Facilities (WwTFs) (one in each sewerage zone).

(b) Existing Waste water Treatment Facilities:

At present, following 7 terminal Waste water Treatment Facilities are operational

in Mumbai City and Suburbs.

➢ Zone I – Colaba:

Before 2020, there existed a preliminary treatment facility at Colaba for

removal of floating matters and grit before discharging it into deep sea via
marine outfall (1.2 kms away from the coast) where dilution and dispersion
used to take place. The earlier effluent discharge standard for inlet to deep
marine outfall at Colaba was BOD<100 mg/l.

In April 2020, a 37 MLD Average Dry Weather Flow Capacity (ADWF) Waste
water Treatment Facility (WwTF) with Sequential Batch Reactor process is
built and commissioned at Colaba. This Colaba WwTF meets the latest
effluent discharge standards prescribed by Hon. National Green Tribunal
(NGT) vide its Order dated 30.04.2019.

Total sewage flow received at Colaba WwTF at present is about 27 MLD.

At Colaba, the total quantity of sewage received is treated upto secondary

level for disposal to sea as per NGT norms. Sewage undergoes following
treatment processes before disposal to sea.

• Preliminary Treatment – Removal of floating matters (screening) and

grit

• Secondary (Biological) Treatment - Sequential Batch Reactor (Filling -

Diffused Aeration – Retention – Decanting cycle)

• Disinfection – Chlorination

• Disposal to deep sea through marine outfall 1.2 km away from the coast,
where further dilution and dispersion takes place.
 There is also a provision for Tertiary Treatment of 10 MLD capacity where
secondary treated water is further treated through disk filters and
chlorination for reuse to non-potable purposes. At present, 3 MLD tertiary
treated water from Colaba STP is delivered to Indian Navy for reuse. The
sludge generated at Colaba STP is of Class-B Category.

➢ Zone II - Worli:

At present, there is an existing sewage treatment facility of design capacity

757 MLD at Worli where preliminary treatment of removal of floating matter
(screening) and grit is carried out before discharging it into deep sea via
marine outfall (3.5 m diameter and 3.4 km long) where dilution and
dispersion takes place. Present dry weather sewage flow received at Worli
STP is 332 MLD. The earlier effluent discharge standard for inlet to deep
marine outfall at Worli is BOD<100 mg/l and present treatment is happening
as per this standard.

New 500 MLD ADWF capacity STP, based on advanced Membrane Bio
Reactor (MBR) technology is under construction at Worli keeping current
treatment process operational until new treatment facility is built up and
commissioned by July 2027.

➢ Zone III - Bandra:

At present, there is an existing sewage treatment facility of design capacity

797 MLD at Bandra where preliminary treatment of removal of floating
matter (screening) and grit is carried out before discharging it into deep sea
via marine outfall (3.5 km diameter and 3.7 km long) where dilution and
dispersion takes place. Present dry weather sewage flow received at Bandra
STP is 622 MLD. The earlier effluent discharge standard for inlet to deep
marine outfall at Bandra is BOD<100 mg/l and present treatment is
happening as per this standard.

New 360 MLD ADWF capacity STP, based on advanced Membrane Bio
Reactor (MBR) technology is under construction at Bandra keeping current
treatment process operational until new treatment facility is built up and
commissioned by July 2027.

In addition to this 360 MLD capacity Bandra STP, one more STP at Dharavi of
418 MLD ADWF capacity is being constructed to treat the part of sewage
generated in Zone III: Bandra and part of the dry weather flow intercepted
from Mithi River. This New Dharavi STP is also based on advanced Sequential
Batch Reactor (SBR) technology and expected to be commissioned by July
2027.
➢ Zone IV - Versova:

At present, there is an existing sewage treatment facility of design capacity

180 MLD at Versova where preliminary treatment of removal of floating
matter (screening) and grit is carried out and then the sewage is treated in
aerated lagoons (through retention and surface aeration) before discharging
it into creek. Present dry weather sewage flow received at Versova STP is 98
MLD. The existing treatment facility is complying with the earlier effluent
discharge standard of BOD<50 mg/l, TSS<50 mg/l.

New 180 MLD ADWF capacity STP, based on advanced Sequential Batch
Reactor (SBR) technology is under construction at Versova keeping current
treatment process operational until new treatment facility is built up and
commissioned by July 2026.

➢ Zone V - Malad:

At present, there exists a preliminary treatment facility at Malad having

design capacity of 240 MLD, where floating matter and grit is removed and
sewage is discharged into creek. Present dry weather sewage flow received
at Malad facility is 177 MLD.

New 454 MLD ADWF capacity STP, based on advanced Sequential Batch
Reactor (SBR) technology is under construction at project site at Malvani,
Malad by removing the mangroves thereat and reclamation of land. The
current preliminary treatment facility will remain in operation until the land
is reclaimed and new treatment facility is built up and commissioned by July
2028.

➢ Zone VI - Bhandup:

At present, there is an existing sewage treatment facility of design capacity

280 MLD at Bhandup where preliminary treatment of removal of floating
matter (screening) and grit is carried out and then the sewage is treated in
aerated lagoons (through retention and surface aeration) before discharging
it into creek. Present dry weather sewage flow received at Bhandup STP is
112 MLD. The existing treatment facility is complying with the earlier effluent
discharge standards of BOD<50 mg/l, TSS<50 mg/l.

New 215 MLD ADWF capacity STP, based on advanced Continuous Flow
Constant Level Sequential Batch Reactor (CSBR) technology is under
construction at Bhandup keeping current treatment process operational
until new treatment facility is built up and commissioned by August 2026.
 ➢ Zone VII – Ghatkopar:

At present, there is an existing sewage treatment facility of design capacity

386 MLD at Ghatkopar where preliminary treatment of removal of floating
matters (screening) and grit is carried out and then the sewage is treated in
aerated lagoons (through retention and surface aeration) before discharging
it into creek. Present dry weather sewage flow received at Ghatkopar STP is
100 MLD. The existing treatment facility is complying with the earlier effluent
discharge standards of BOD<50 mg/l, TSS<50 mg/l.

New 337 MLD ADWF capacity STP, based on advanced Sequential Batch
Reactor (SBR) technology is under construction at Ghatkopar keeping current
treatment process operational until new treatment facility is built up and
commissioned by July 2026.

(c) Upgradation of Waste Upgradation / Construction of Waste water Treatment

Facilities:

In order to comply with the latest effluent discharge norms (discharge to

sea/creek) as stipulated by the Hon. National Green Tribunal in its Order dated
30.04.2019 (BOD<10 mg/l, COD<50 mg/l, TSS<20 mg/l, Fecal Coliform <100 MPN /
100 ml), BMC has undertaken works of upgradation/construction of new advanced
Waste water Treatment Facilities at the locations of old existing treatment
facilities by discarding the old treatment facilities. To share the sewage load on
Bandra WwTF, a new WwTF of 418 MLD capacity is also being constructed at
Dharavi. No STP was existing at Dharavi earlier.

Works for Waste water Treatment Facilities at Worli, Bandra, Dharavi, Versova,
Malad, Bhandup and Ghatkopar are awarded in the year 2022 based on Design,
Build, Operation & Maintenance principles of FIDIC Gold Book. All these works are
in progress and the details are as under:
 Name of Secondary Tertiary Design O&M Name of Treatment Name of Date of Start Expected date
WwTF Treatment Treatment & Build Period Contractor Technology Project of
(Biological capacity Period (Years) Management commissioning
Treatment) (MLD) (Years) Consultant
Capacity
(MLD)
Suez Membrane IVL India
Worli 500 250 5 15 Ultrafor Bio Reactor Environmental 05.07.2022 04.07.2027
Pvt. Ltd. (MBR) R&D Pvt. Ltd.
Membrane IVL India
Larsen &
Bandra 360 180 5 15 Bio Reactor Environmental 05.07.2022 04.07.2027
Toubro Ltd.
(MBR) R&D Pvt. Ltd.
Sequential
Welspun Tata
Batch
Dharavi 418 209 5 15 EDAC JV Consulting 05.07.2022 04.07.2027
Reactor
Pvt. Ltd. Engineers Ltd.
(SBR)
Sequential
STUP
NCC Batch
Malad 454 227 6 15 Consultants 05.07.2022 04.07.2028
Limited. Reactor
Pvt. Ltd.
(SBR)
Sequential
DRN Tata
Batch
Versova 180 90 4 15 Infrastructu Consulting 05.07.2022 04.07.2026
Reactor
re Pvt. Ltd. Engineers Ltd.
(SBR)
 Sequential
GVPR Tata
Batch
Ghatkopar 337 170 4 15 Engineers Consulting 05.07.2022 04.07.2026
Reactor
Ltd. Engineers Ltd.
(SBR)
Continuous
Flow
Constant
Tata
JWIL-OMIL- Level
Bhandup 215 108 4 15 Consulting 23.08.2022 22.08.2026
SPML JV Sequential
Engineers Ltd.
Batch
Reactor
(CSBR)

Total 2464 1233

 Total sewage of 2464 MLD will be treated upto secondary treatment level (BOD<10
mg/l, TSS<20 mg/l, Fecal Coliform <100 MPN/100 ml) conforming to effluent
discharge standards for discharge to Sea/Creek as prescribed by Hon. National
Green Tribunal vide its Order dated 30.04.2019.

Out of 2464 MLD treated sewage, 1234 MLD (i.e. 50% of 2464) will be further
treated upto Tertiary level (BOD<10 mg/l, TSS<5 mg/l, Faecal Coliform = Below
Detectible Level) for proposed reuse for non-potable purpose.

(d) Secondary and Tertiary Treatment of sewage:

In the proposed STPs, the entire incoming sewage will be treated upto secondary
standards (i.e. standard for disposal to sea/creek as per recent NGT norms) and
50% of the secondary treated water will further be treated upto Tertiary level (for
reuse to non-potable purposes). The standards specified in the tender are as
mentioned below.

Secondary Effluent
Discharge Standards Tertiary
Parameters prescribed by Hon. Treatment
NGT vide its Order Standards
dated 30.04.2019
pH 5.5-9.0 6.5-8.3
Biological Oxygen Demand (BoD) <10 mg/l <10 mg/l
Chemical Oxygen Demand (CoD) <50 mg/l <50 mg/l
Total Suspended Solids (TSS) <20 mg/l <5 mg/l
Total Nitrogen (TN) <10 mg/l <10 mg/l
Total Phosphorous (TP) <1 mg/l <1 mg/l
Below
Fecal Coliform (FC) <100 MPN/100 ml Detectable
Level
Turbidity - <2 NTU

Design for the balance 50% tertiary treatment capacity will also be done under the
ongoing contracts. This additional tertiary treatment will be implemented as and
when required.

(e) Sludge generated from WwTFs:

Sludge generated during sewage treatment process will be digested in sludge

digesters and biogas generated will be used for generation of captive power. The
power so generated will be used in the plants and will thereby meet partial power
demand of the plant.
(i) Sludge Treatment proposed by contractors:

Details of sludge treatment methods proposed by contractors are as under.

Sr. WwTF Proposed Sludge Pre-Treatment and Digestion by

No. contractors
1. Worli Thermophilic + Mesophilic Anaerobic Digester
2. Bandra Thermophilic + Mesophilic Anaerobic Digester
Thermo-Chemical Hydrolysis Process + Mesophilic
3. Dharavi
Anaerobic Digester
Thermal Hydrolysis Process + Mesophilic Anaerobic
4. Versova
Digester
Thermal Hydrolysis Process + Mesophilic Anaerobic
5. Malad
Digester
Thermal Hydrolysis Process + Mesophilic Anaerobic
6. Bhandup
Digester
7. Ghatkopar Pasteurization + Mesophilic Anaerobic Digester

(ii) Quality of Sludge from WwTFs:

The digested sludge at the time of its transportation off the WwTF site shall
meet the specific quality standards consistent with the quality requirements
for a ‘Class A Bio-solids’ product as defined in the US EPA Regulations Part
503.

Sludge Product Quality Requirement

Parameter Criteria Compliance

Criteria
< 3 Most Probable Number /
Salmonella
4 gm of Total Dry Solids
<1000 Most Probable
Faecal Coliforms Number / gm of Total Dry Continuously
Solids less than the
standard
< 1 Plaque Forming Unit / 4
Enteric Viruses
gm Total Solids
Viable Helminth Ova < 1 / 4 gm Total Solids
Minimum Dry Solid Greater than
25% Dry Solids
Concentration the criteria
Greater than /
Reliability (Downtime) <4% Equal to the
criteria
Volatile Suspended
> 50%
Solids destruction
 (iii) Quantity of Sludge from WwTFs:

The estimated quantity of sludge from all the 7 STPs together (with 25% Dry
Solids) will be approximately 500 to 600 metric tonnes per day as per the
design capacities of the WwTFs.

In the existing scope of the contractor for all seven WwTF, sludge will be sent
to the designated place (i.e. upto Malad/Mankhurd/Airoli) for further
processing.

Besides these 7 STPs, undigested sludge from few OTHER STPs viz: 37 MLD
capacity Colaba WwTF, 8 MLD capacity Mithi-I STP and from 8 MLD capacity
upcoming Powai STP need to be considered.

2. Objectives of Consultancy Services:

The objectives of this Consultancy contract is to appoint the Consultants for

conducting Feasibility Study to suggest implementable measures/solutions for
converting Class ‘A’ sludge from Mumbai’s upcoming Wastewater Treatment Facility
to useful products, on the basis that the BMC will provide suitable land for setting up
necessary plant/facility, the prospective technology providers will invest capital as well
as operation & maintenance cost and will share revenue earned with the BMC in
mutually agreed proportions.

The consultant’s scope includes preparation of Feasibility Study Report, Financial

Analysis & Project Feasibility Assessment, Detailed Project Report (DPR) with Cost
Estimate, Tender documents for implementing the suggested measures and providing
Project Management Services during execution of works & during initial period of
O&M.

3. Scope of Work:

In order to meet the objectives mentioned above, the scope of work of the consultancy
contract shall inter alia cover the following.

(a) Data collection and survey: The consultant shall conduct preliminary studies and
surveys to collect actual and accurate data regarding sludge treatment, sludge
quality, sludge quantity, sludge storage methods, sludge storage location, sludge
storage durations, etc. by following means.

• Refer existing data/documents - The consultant shall refer to and review the
tender documents, contractor’s submittals and other relevant data regarding
sludge treatment of the ongoing STP works at Worli, Bandra, Dharavi,
Versova, Malad, Bhandup and Ghatkopar and understand the quality,
quantity and timeline for generation of Class A sludge from the respective
 STPs. The consultant shall also refer to the similar records/data regarding the
sludge generated at its Colaba STP, Mithi -I STP and Powai STP sites and
explore the possibility of treatments alongwith the seven WwTFs.

• Meetings/Discussions - The consultant shall organise and conduct meetings

with the respective Project Management Consultants, contractors of the STP
projects, BMC engineers as & when necessary and discuss on the sludge
management processes/techniques/ methods, so as to acquaint themselves
fully with the sludge line process and gather accurate data for analysis and
providing sustainable solutions for converting class-A sludge to useful
products with off take agreements with the industry/users.

• Site Visits - The consultant shall visit ongoing STP project sites and gather
relevant field data. The consultant shall estimate the availability of space at
respective project site and also at the designated sludge storage locations
mentioned in the STP contracts.

• Best Practices - The consultant shall study and suggest the best practices of
sludge management, use and disposal which are operational nationally and
internationally in cities comparable with Mumbai.

• Coordination with cGanga - BMC has collaborated with cGanga (Centre for
Ganga River Basin Management & Studies at IIT, Kanpur) for advisory purpose
on sludge management vide approval of competent authority. cGanga is a
think tank and a center of excellence formed under the aegis of NMCG
(National Mission for Clean Ganga), Ministry of Jal Shakti, Govt. of India for
comprehensive solutions for sludge Management. cGanga is already working
on Sludge Management pan India under Ministry of Jal Shakti of Govt. of
India. cGanga is preparing Sludge Master Plan for Mumbai. The consultant
shall peer review the Mumbai Sludge Master Plan (including draft and final
version) as and when prepared and submitted by cGanga to BMC. Consultant
shall participate in discussion/workshops/seminars/visits with cGanga team
as and when required.

• Coordination with Sustainable Project Unit (SPU) Consultant or any other unit
appointed by BMC- Presently, BMC has appointed M/s. KPMG as a
Sustainability Project Unit (SPU) consultant for advisory purpose. The
successful consultant shall interact and coordinate with SPU consultant to
receive their expert opinion/advice on best practices in sludge management
and disposal matters nationally and internationally.
 • Review of proposals for conversion of sludge to useful products – Interested
companies with different technologies to convert STP sludge into useful
products are approaching BMC with their proposals. The consultant shall
review such proposals received from prospective technology providers
regarding conversion of sludge to soil conditioners/fertilisers/manure, sludge
to biochar/hydrochar, sludge drying, sludge incineration, etc. and participate
in discussions/meetings/presentations/workshops/site visits as and when
required, to select ‘fit to use and perform technologies’ with off take
agreements with the buyers of such processed sludge products. The selected
technologies and constructed sludge conversion facilities shall be able to
perform seamlessly so that the entire quantum of sludge generated from all
STPs are processed continuously and final products are sold by the technology
providers immediately without having to store it at site.

• Consultant shall study the existing regulations/laws/notifications regarding

use of processed sludge products and identify bulk users from the fertiliser
companies, cement companies, power plants, construction industries where
sludge can be used in the form of soil conditioners/manures, low grade
organic fuel, ashes left out after incineration, etc. for sustainable and circular
use and ultimate disposal of sludge generated from Mumbai’s STPs.

• Financial Analysis & Project Feasibility Assessment: The Consultant shall

perform a detailed evaluation of the Internal rate of Return (IRR) for the
proposed project/s which shall include Calculation of IRR based on realistic
cost & revenue projections. The Consultant shall present the IRR analysis as a
dedicated section during the technical presentation to the Client-MCGM.

(b) Feasibility Study:

After data collection and surveys, the consultant shall analyse the data, identify
economically viable, feasible, sustainable solutions wherein the Capital and O&M
costs for implementation of the solution shall preferably be borne by the
technology providers and BMC will provide suitable parcel of land for setting up
of sludge processing facilities and the technology providers will earn revenue by
selling the processed sludge products to prospective buyers and will share
revenue with BMC in mutually agreed proportions. The consultant shall prepare
and submit draft Feasibility Study Report for the selected solutions for review and
approval of the Employer. After approval and acceptance of the draft Feasibility
Report, the consultant shall prepare and submit Final Feasibility Study Report for
approval of Employer.
(c) Detailed Project Report (DPR):

After conducting Feasibility Study and acceptance of Feasibility Study Report by

BMC, the consultant shall proceed with preparation of Detailed Project Report
(DPR) wherein the consultant shall include detailed estimates of civil, mechanical,
electrical, instrumentation, etc. works required for design, build, operation and
maintenance facilities to convert sludge into useful products as well as Financial
Analysis & Project Feasibility Assessment. The consultant shall make
suggestions/recommendations to BMC on revenue sharing by the contractor for
Build, Own and Operate model contract, where BMC will provide suitable land
either at decentralised STP project locations or centralised designated site which
may be common for processing sludge from multiple STPs together.

The consultant shall prepare and submit draft Detailed Project Report (DPR) first
for approval of the Employer. After approval and acceptance of the draft DPR, the
consultant shall prepare and submit Final Detailed Project Report (DPR) for
approval of Employer.

(d) Preparation of Tender Documents:

The consultant shall prepare tender documents for invitation of tenders on the
basis of open technology so that proposals with various options may be received,
from which the most feasible, economical and complete option fulfilling the
objectives of putting the STP sludge to use in efficient, sustainable manner
ensuring protection of environment as set out hereinabove are met.

Tender documents may be prepared in stages or in slices considering the timeline

of commissioning of different STP projects. Completion timeline for Bhandup,
Ghatkopar and Versova projects is July 2026, whereas for Dharavi, Worli and
Bandra projects, the completion timeline is July 2027. Malad STP has completion
timeline of July 2028.

(e) Services during tender invitation process upto award of works:

During tendering process, the consultant shall attend pre-bid meetings, prepare
responses to pre-bid meetings, prepare consequent addenda and corrigenda,
evaluate the received bids and recommend for the award of works to successful
contractors.

(f) Project Management Services post award of works:

During the construction period, the consultants shall provide project management
services for supervision and monitoring of the works under execution. The
consultant support is also required during initial one year of operation and
maintenance.
4. Contract period of Consultancy Services:
Contract period of the consultancy is 24 months inclusive of monsoon as per following
details.

Sr. Activity Time period Cumulative

No. from date of time period
commenceme
nt
1 Data collection and Survey 1.5 months 1.5 months
2 Submission of Final Feasibility 1.5 months 3.0 months
Study Report
3 Review and approval of Feasibility 1.0 month 4.0 months
Study Report
4 Submission of Final Detailed 1.0 month 5.0 months
Project Report (DPR)
5 Review and approval of DPR 0.5 month 5.5 months
6 Preparation of Tender Documents 1.0 month 6.5 months
7 Approval for invitation of tenders 0.5 month 7.0 months
8 Invitation of tenders, receipt of 2.0 months 9.0 months
tenders, evaluation of received
tenders, recommendation for
award of works
9 Project Management Services 12.0 months 21.0 months
during execution of works
10 Project Management Services 3.0 months 24.0 months
during O&M work

5. Key / Non-Key Personnel:

The minimum required Key/Non-Key Personnels are mentioned in clause 12.3 - Personal
Capabilities of Instructions to Bidders.
6. Manpower Replacement
Replacement in agreed key staff is permitted only for the first instance without
imposition of any penalty, pursuant to provisions of Clause 4.4(a). Any change in key
staff thereafter, will attract a penalty of Rs.2,00,000/- each per occurrence and any
change in Project Manager or Sludge Expert (International) after the first instance will
attract a penalty of Rs.5,00,000/- each per occurrence.
This penalty is, however, not applicable in the event of retirement, medical incapacity
and death of the personnel, subject to documentary evidence in that respect.
7. Mode of Payment
7.1 Payment Schedule
TERMS OF PAYMENT
Sr. No. Activity Figures indicate percentage (%) payment
1.0 Phase-I (Pre-Tender Other TOTAL
Worli Bandra Dharavi Versova Malad Bhandup Ghatkopar
Activities) STPs
1.1 Submission of draft
Feasibility Report (1% for 1 1 1 1 1 1 1 1 8
each
1.2 Acceptance of Final
0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 4
Feasibility Report
1.3 Submission of draft DPR
1 1 1 1 1 1 1 1 8
(1% each)
1.4 Acceptance of final DPR 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 4
1.5 Submission of draft
1 1 1 1 1 1 1 1 8
Tender Documents
1.6 Successful invitation of
0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 4
Tender
1.7 Successful award of
1 1 1 1 1 1 1 1 8
works
2.0 Phase-II (PMC Services during Project Execution)
2.1 0.06% of the quoted
cost per month for each
0.72 0.72 0.72 0.72 0.72 0.72 0.72 0.72 5.76
STP for the period of 12
months.
2.2 Percentage
proportionates to the
physical progress of
works including payable
quarterly. {i.e. If the
Physical progress at the
5.03 5.03 5.03 5.03 5.03 5.03 5.03 5.03 40.24
end of a quarter is 25%
then the payment to
PMC will be
L.S. quoted price X
(5.03/100) X 25%}

3.0 Phase-III (During O & M

Period)
3.1 After successful
commissioning of 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 4
Project Facility/s
3.2 After Successful O & M
of Project Facility for 3 0.75 0.75 0.75 0.75 0.75 0.75 0.75 0.75 6
months

Note:

i. The cost quoted for all personnel is inclusive of air travel, subsistence and inclusive of all taxes, if any.
ii. The man-months are only indicative. The bidder should consider additional man-months if required including back-office support in
overall cost.
iii. the delay is not due to consultant, delay in any time period beyond contract period, Consultancy fees will be compensated to Project
Management the rate of 0.06 % per month per STP of the cost of Project Management Consultancy contract maximum upto six months

iv. The consultant shall submit attendance record of key staff along with the monthly bill. As far as the non-key staff is concerned,
consultant should submit monthly time sheet of each non-key person showing the activities carried out during that period. No bill
will be certified without the attendance record of key personnel and time sheet for non-key personnel.
v. The payment of only those activities which are carried out by the consultant will be admissible.
vi. If any inability/idle period of work arises due to reasons such as force majeure, outbreak of an epidemic, external aggression etc., then
the consultant shall not be paid the fixed proportion per month during such idle period of work.

vii. ‘Other STP’ include Colaba STP, Mithi River-STP, upcoming Powai STP and any future STPs during the period of Consultancy Contract.
7.2 Time allotted for Project Management Consultancy to complete the works is 24
months (inclusive of monsoon) including 9 months of Consultancy (Pre-PMC), 12
Months of PMC period and 3 months of O&M period.
Date of start of Contract Period for Project Management Consultancy will be date of
starting as mentioned in Letter of Acceptance (LOA). During O&M stage, the key
personnel of the Consultant shall work on requirement basis.
 SECTION-VI
Technical Proposals
- Standard Forms
 Form of Technical Bid Submission

To,

Office of the Chief Engineer (MSDP),

2 floor, Engineering Hub Building,
Dr. E. Moses Road, Near Worli Naka,
Worli, Mumbai-400 018

Sir,

1. I/We have read and examined the following documents relating to work of
"Consultancy Services to prepare DPR & suggest measures for converting Class -A
sludge of Mumbai's Wastewater Treatment Facilities (WWTFs) to useful products and
providing Project Management Services during execution of suggested measures".

i E-tender notice

ii The said Tender

iii Special Instructions to Bidders for E-Tendering

iv Instructions to Bidders

v General Conditions of contract (GCC)

vi The Terms of References (TOR)

vii Tender Forms and Formats

viii Pro-Forma of Bank Guarantee

ix Form FIN-1, FIN-2 & FIN-3.

x Drawings, if any

xi Response to Pre bid Queries

xii Addendum, Corrigendum, if any.

2. I/We _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (full name in

capital letters starting with surname), the Proprietor/Managing Partner/Managing
Director/Holder of the business for the establishment/firm/registered company
named herein below, do hereby offer to carry out the work of "Consultancy Services
to prepare DPR & suggest measures for converting Class-A sludge of Mumbai's
Wastewater Treatment Facilities (WwTFs) to useful products and providing Project
 Management Services during execution of suggested measures" referred to in the
Terms of Reference and Bill of Quantities to the accompanying form of contract at the
rates entered in the Bill of Quantities sent herewith and signed by me/us.

3. I/We hereby tender for Consultancy Services and Project Management Consultancy
Services of the works referred to in the aforesaid documents, upon the terms and
conditions or referred to therein and in accordance in all respects with the Terms of
Reference and other relevant details at the rates entered in the aforesaid bill of
quantities. According to your requirements for payment of EMD amounting to
Rs.9,00,000/-, I/We have paid the amount with as specified in Instruction to Bidders,
Brihanmumbai Municipal Corporation.

4. I/We hereby request you not to enter into a contract with any other person/s for the
execution of the works until notice of non-acceptance of this tender has first been
communicated to me/us, and in consideration of your agreeing to refrain from so
doing. I/We agree, not to withdraw the offer constituted by this tender before the
date of communication to me/us of such notice of non-acceptance, which date shall
not be later than ten days from the date of the decision of the Standing Committee or
of the Corporation, as may be required under Municipal Act, not to accept this tender
(subject to condition 6 below).

5. I/We also agree to keep this tender open for acceptance for a period of 180 days from
the last date of online bid submission and not to make any modifications in its terms
and conditions which are not acceptable to the Corporation

6. I/We agree that the Corporation shall, without prejudice to any other right or remedy
be at liberty to forfeit the said Earnest Money absolutely, if

(i) I/We fail to keep the tender open as aforesaid

(ii) I/We fail to execute the formal contract or make the contract deposit when
called upon to do so.
(iii) I/We do not commence the work on or before the date specified in the work
order.
(iv) I/We do not fulfil the mandatory conditions as stipulated.

7. I/We have filled in the accompanying tender with full knowledge of liabilities and
therefore we will not raise any objections or disputes in any manner relating to any
action including forfeiture of deposit and blacklisting for giving any information, which
is, found to be incorrect and against the instructions and directions given in this
tender.
8. I/We further agree and undertake that in the event it is revealed subsequently after
the allotment of work/contract to me/us that any information given by me/us in this
tender is false or incorrect, I/We shall compensate the Brihanmumbai Municipal
Corporation for any such losses or inconvenience caused to the Corporation in any
manner and will not resist any claim for such compensation to any ground whatsoever.

9. I/We agree to undertake that I/We shall not claim in such case any amount by way of
damage or compensation for cancellation of the contract given to me/us or any work
assigned to me/us or is withdrawn by the Corporation.

10. I/We hereby further agree to pay all the charges of whatsoever nature in connection
with the preparation, stamping and execution of the said contract.

Full name and address with Telephone nos. if any

Yours faithfully,

Signature of authorized signatory

Full names and private residential addresses with telephone nos of all the partners
constituting this firm
 Annual Turnover Form
Annual Turnover

Sr. No. Financial Annual Turnover of Equivalent in INDIAN Rupees

Year Consultancy Work

(Amount and Currency)

1. 2023-24

2. 2022-23

3. 2021-22

4. 2020-21

5. 2019-20

Note:

If turnover is in any other currency than INR then the rate of exchange shall be the T.T Selling
rate published by the State Bank of India, prevailing on the last day of the Financial Year.

An escalation rate of 10% per annum shall be applied to Annual Turnover for past years to
arrive at current year turnover value.

Signature of authorized signatory

 Form TECH-1: Information regarding status of consultant

Name of the Consultant:

Place and country of incorporation:

Address for correspondence:

Contact Person:

Telephone Number/ Mobile Number:

Email address:

Company Registration particulars: (CIN)

Directors DIN number:

1) (a) If it is a proprietary concern -------------------------------------------------------

(b) If so, name of the owner -----------------------------------------------------------

2) If it is a partnership concern, please furnish name of each partner and copy of

registration certificate --------------------------------------------------------------------

3) In case of company, please furnish the documentary proof to show that the company
is registered ----------------------------------------------------------------------------------

Signature of authorized signatory

 Form TECH-2A: Consultant’s Organization and Experience

Provide here a brief (two pages) description of the organization and general
experience of the Consultant and, if applicable, for this assignment with supporting
documentation. Submit organogram of the firm.

Signature of authorized signatory

 Form TECH-2B: Firm’s Relevant Experience References

Consultancy Firm’s Reference Relevant Experiences/Assignments that Best illustrate

Qualifications (supported with documentary evidence).
Using the format below, provide information on each reference assignment for which your
firm/entity, either individually as a corporate entity or as one of the major companies within
an association, was legally contracted.

Assignment Name
Country
Location within Country
Professional staff provided by your
Firm/entity(profiles)
Name of Client (Client Certificates to be submitted)
Name and address of the contact person with e-
mail and phone number.
Duration of assignment
Start Date (Month/Year):
Completion Date (Month/Year):
Approx. Value of Services (in USD/ EURO/
STERLING POUND/ INR)
Name of Associated Consultants, if any:
Name of Senior Staff (Project Director/ (Indicate most significant profiles such
Coordinator, Team Leader) involved & functions as Project Director/ Coordinator/
performed Team Leader)
Narrative Description of Project: (Plant Capacity, Treatment
process/Level, Sludge Disposal and
Power generation etc.)
Firm’s Name:

Signature and seal of the Consultant

Note:
Scanned, Attested copies of completion/performance/contract agreement from the
Engineer-in-charge or equivalent for each work should be annexed and uploaded.
 Form TECH-3: Team Composition and Task Assignments

Name of the
Sr. Task
Position person Qualification Experience
No. Assigned
proposed
Project Key Staff
1
2
3
4
5
6
Support Staff

Signature of authorized signatory

Form TECH-4: 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 (about 50 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-8

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 Experts and Non-Key
Experts, and proposed technical and administrative support staff.
 Form TECH-5: Curriculum Vitae (CV) for proposed Staff
1. General
Position Title and No. [e.g., Project Manager [Note: Only one
candidate shall be nominated to each
position.]
Name of Staff [Insert full name]
Date of Birth [day/month/year]
Nationality
Country of Citizenship/Residence

2. Education:
[List college/university or other specialized education, giving names of educational
institutions, dates attended, degree(s)/diploma(s) obtained]
3. Employment record relevant to the assignment:
[Starting with present position, list in reverse order. Please provide dates, name of
employing organization, titles of positions held, types of activities performed and
location of the assignment, and contact information of previous clients and
employing organization(s) who can be contacted for references. Past employment
that is not relevant to the assignment does not need to be included.]

Period Employing organization and Country Summary of

your title/position. activities
Contact information for performed relevant
references* to
the Assignment

*Contact information for references is required only for assignments during the last
3 years.
4. Membership in Professional Associations and Publications: _________
5. Language Skills:
(Indicate only Language in which you are proficient)
6. Adequacy for the Assignment:
Detailed tasks assigned on consultant’s team of experts:
Reference to prior work/assignments that best illustrates capability to handle the
assigned tasks
Note: CVs of Key Staff as well as non-key staff (Support staff) as mentioned in the clause 12.0
(3) – ‘Personnel Capabilities’ shall be submitted using this format. The CV should
provide the name of employing Organizations and contact information (title, position,
contact number and e-mail) of employing entity for each employment period.
 Form TECH-6: Historical Contract Non-Performance
[The following table shall be filled in for the Consultant and an Affidavit in this regard shall
be submitted] Date: [insert day, month, year]

Consultant's Legal Name: [insert full name]

No. and title: [insert Group number and title of works]
Page [insert page number] of [insert total number] pages
1. Black Listing or debarment proceedings ongoing or completed by any Govt./Semi-Govt.
works at the time of submission.
Sr. Name and Name and Remarks regarding No. of years of
No. location of address of blacklisting of debarment/blacklisting
project client debarment
ongoing/completed

2. Pending Litigation
No pending litigation
Pending litigation as indicated below for last 5 years.
Outcome Total Contract Cost of Non
Year as Contract Identification Amount (current performing
Percentage value, IN USD/ contract in
of Total EURO/ STERLING RUPEES
Assets POUND/ INR
equivalent)
[inser [insert Contract Identification: [indicate [insert amount]
t percentage complete contract name, number,
year] ] and any other identification]
Name of Employer: [insert full
name]
Address of Employer: [insert
street/city/country]
Matter in dispute: [indicate main
issues in dispute]

It is further submitted that neither We are under execution of a Tender Securing Declaration
nor have forfeited Tender Security or Earnest Money Deposit in the Republic of INDIA in the
past Five Years.

Signature of authorized signatory

 Undertaking cum Indemnity Bond
(This is a draft format) (On Rs. 200/- Stamp Papers)

I/We, of _________do hereby

declare and undertake as under.
1) I/We declare that I/we _______ in capacity as Manager / Director / Partners / Power of
Attorney Holder of JV firm of __________has not been charged with any prohibitory and
/or penal action such as demotion, Suspension, Blacklisting/ de-registration or any other
action under the law by any Government and / or Semi Government and/ or Government
undertaking.
2) I/We declare that, I/We have perused and examined the tender document including
addendum, conditions of contract, Terms of Reference, bill of quantity etc. forming part
of tender and accordingly, I/We submit my offer to execute the work as per tender
documents at the rates quoted by me in capacity as _________ of___________.
3) I/We also declare that if, I/We am allotted the work and I/We fail to carry out the allotted
work in accordance with the terms and conditions and within the time prescribed and
specified, BMC is entitled to carry out the work allotted to me by any other means at any
risk and cost, at any stage of the contract.
4) I/We also declare that I will not claim any change / damages /compensation for non-
availability of site for the contract work at any time.
5) I/We Indemnify Municipal Commissioner and the other officers of BMC or their agents for
any Damages, Loss, or Injury, any legal suit proceeding or legal action whatsoever that
may be caused at any type by me or any other staff of _____________company , for the
work undertaken and all such damage, damages, injury or loss, legal suit, legal action,
I/We shall be solely responsible in Individual as well as official capacity and such loss,
damages, injury shall be made good and/or as the case may be shall be paid immediately
by me/ Company to the satisfaction of the BMC.
6) The Undertaking-cum-Indemnity Bond is binding upon us/our heirs, executors,
administrators and assigns and/or successor and assigns.
Dated _____ day of ______ 2025
Directors/POA holder
(Seal of Firm/Co.)
Indemnified by me,
Before me
Advocate
Note: In case the firm qualifies on the basis of credentials of the Parent Company/sister
concern, then the Indemnity Bond is to be signed as per the following:

o by both, the subsidiary and the Parent Company (if the bidder qualifies on the
basis of Parent Company)

o by subsidiary, sister concern and parent company (if the bidder qualifies on the
basis of sister concern).
 Form TECH-7: Expert Schedule 1

No. Name of Expert/ Professional Expert input (in the form of a Total man-month
Position/ 2 input
bar chart)
Category
1 2 3 4 5 6 7 8 9 n On Off Total
Field Field
Supp Supp
ort ort
Key Experts
ex. Mr. XYZ [Field]
Resident
Engineer-Civil
1
2

N
Subtotal
Non-Key Experts
1 [Home]

2
N
Subtotal
Total

Signature of authorized signatory of concern/company

1. For Key Experts, the input should be indicated individually for the same position as
required under Personnel Capabilities of Sec-III ITB; for Non-Key Experts it should be
indicated individually, or, if appropriate, by category (e.g. economists, financial
analysts, etc.).
2. Months are counted from the start of the assignment. For each Expert, indicate
separately the input for home and field work.
Note: Whether the assignment is fulltime or part time is to be clearly indicated against each
person.
 Form TECH-8: Work Schedule

Months2
No. Activity1 1 2 3 4 5 6 7 8 9 10 11 12 N
1
2
3
4
5

Signature of authorized signatory

1. Indicate all main activities of the assignment as defined in TOR covering total
contract period.
2. Duration of activities shall be indicated in the form of a bar chart.
 SECTION-VII
Financial Proposals-Standard Forms
 Form FIN-1: Financial Proposal Submission Form
(To be uploaded in Folder C and the bidder shall also submit hardcopy in sealed
envelope preferably at the time of opening of Packet- C)

To:
Office of the Chief Engineer (MSDP),
2ndfloor, Engineering Hub Building,
Dr. E. Moses Road, Near Worli Naka,
Worli, Mumbai-400 018

Subject: Financial proposal for “Consultancy Services to prepare DPR & suggest
measures for converting Class-A sludge of Mumbai’s Wastewater Treatment
Facilities (WwTFs) to useful products and providing Project Management
Services during execution of suggested measures”.

Sir,

We, the undersigned, offer to provide the Consulting Services for [insert name of
assignment] in accordance with tender notice no. ______ dated _____ and our Technical
Proposal. We have examined the Tender Documents, including the e-Tender Notice, Special
Instructions to consultants for e-tendering, Instruction to consultants, Forms and Formats,
General Conditions of Contract, Terms of Reference, Appendices and Addendum, if any for
the above-named tender. We have understood and checked these documents and have not
found any errors in them.

Our Financial Proposal shall be binding upon us subject to the modifications resulting from
Contract negotiations, up to expiration of the validity period of the Proposal, i.e.180 days.

We understand you are not bound to accept any Proposal you receive.

We remain,
Yours sincerely,

Authorized Signature [in full and initials]:

Name and Title of Signatory:
Name of Firm:
Address:
 Form FIN-2: Summary of Costs
(To be submitted ONLINE only as a Packet- C)

Item Amount in Words Amount in Figures

(INR)

Total cost of Consultancy

Services of Sludge
Management of BMC
STP

Note:
1. The cost of the financial proposal should match with the break-up of the costs given as
per Form FIN-3. GST if applicable in future would be payable at the applicable rates as
may be in force from time to time on production of documents to that effect. (Please
note BMC’s circular no. C.A/Finance/ project/25 dated 12.07.2022 and no. C.A/Finance/
project/ 28 dated 28.03.2023 enclosed as part of this tender document)
2. If there is mismatch in the amount quoted in the summary of cost and the total of
breakdown of all costs, then the lowest from the amount of above will be considered for
evaluation.
3. The above costs shall be inclusive of all taxes, if any.
Form FIN-3: Breakdown of Remuneration of Key Staff and Support Staff
(To be uploaded in Folder C and the bidder shall also submit hardcopy in sealed
envelope preferably at the time of opening of Packet- C)

Name Position Staff-month Input Amount

Rate (Staff (In INR)
Months)

A) Key Staff

Total of A

B) Support Staff

Total of B
C) Staff during initial O&M period.

Total of C
Total A+B+C

Note:
If there is mismatch in the amount quoted in the summary of cost and the total of
breakdown of all costs, then the lowest amount will be considered for evaluation.
SECTION-VIII
Appendices
 Appendix A: Contract Agreement Form
(This form shall be filled in, signed and submitted on award of contract & to be executed
on Rs.500/-Stamp Paper and will attract stamp duty as per Stamp Act)
Tender no. ____________________dated_______________.
Standing Committee Resolution No. ____________________dated __________.
"Contract for "Consultancy Services to prepare DPR & suggest measures for converting
Class -A sludge of Mumbai's Wastewater Treatment Facilities (WWTFs) to useful products
and providing Project Management Services during execution of suggested measures"

This agreement made this ______day of ________ between inhabitants of ___________

carrying on business at ____________________________________ under the style and
name of _____________________________ (hereinafter called "the Consultant") of the
one part and _________________, the Deputy Municipal Commissioner (Engineering)
(hereinafter called "the Commissioner" in which expressions are included, unless the
inclusion is inconsistent with the context or meaning thereof, his successor or successors,
for the time being holding the office of the Deputy Municipal Commissioner (Engineering)
of the Second Part and the Brihanmumbai Municipal Corporation (hereinafter called "the
Corporation") of the third part WHEREAS the Consultant has tendered for the works
described above and his offer has been accepted by the Commissioner (with the approval
of the Standing Committee of the Corporation).

NOW THIS AGREEMENT WITNESSES as follows:

1) In this agreement, words expressions shall have the same meaning as are respectively
assigned to them in the Conditions of Contract for works hereinafter referred to.

2) The following documents shall be deemed to form and be read and construed as part
of this agreement viz.

(i) The tender notice

(ii) The said tender
(iii) Special Instructions to Bidders for e-tendering
(iv) Instructions to Bidders
(v) General Conditions of Contract (GCC)
(vi) The Terms of References (TOR)
(vii) Tender Forms and Formats
(viii) Pro-forma of Bank Guarantee for Performance Security
(ix) Form FIN-1 to FIN-3
(x) Drawings, if any
(xi) Addendum, Corrigendum, if any
3) In consideration of the payment to be made by the Commissioner, the Consultant
hereby covenant with the Commissioner to carry out the work of "Consultancy
Services to prepare DPR & suggest measures for converting Class-A sludge of
Mumbai's Wastewater Treatment Facilities (WWTFs) to useful products and
providing Project Management Services during execution of suggested measures" in
conformity in all respects with the provisions of the contract.

4) The Commissioner hereby covenant to pay to the Consultant in consideration of

carrying out the work of "Consultancy Services to prepare DPR & suggest measures
for converting Class-A sludge of Mumbai's Wastewater Treatment Facilities (WWTFs)
to useful products and providing Project Management Services during execution of
suggested measures", the Contract Price i.e. Rs. ________________ (in words only)
at times in the manner prescribed by the contract.

IN WITNESS WHEREOF the parties hereto have caused their respective common seals to be
hereunto affixed (for have hereunto set their respective hands and seals) the day and year
above written.

The common seal of the Brihanmumbai Municipal)

Corporation was hereunto affixed )

in the presence of two members of the )

Standing Committee of the Corporation) )

1.________________________________

2.________________________________

& in the presence of the Municipal Secretary _______________________________

Signed and delivered by the within named )

____________________________________ )

Dy. Municipal Commissioner (Engineering) )

in the presence of )

1.________________________________

2.________________________________
The common seal of the )

M/s. _____________________________ )

has been hereunto affixed pursuant to )

the resolution of the Board of )

Directors, dated ___________________ )

In presence of

1.________________________________

2.________________________________
 Appendix-B: Performance Bank Guarantee
(To be executed on Rs.500/-Stamp Paper and BG will attract stamp duty as per Stamp
Act.)
KNOW WE ALL THE MEN AND THESE PRESENTS WITNESS that WE
………………………………………………… BANK, a Banking Corporation constituted by the
Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970 carrying on
business of Banking in Mumbai and at other places in India and having its Head Office at
……………………………………………………………. and Branch Office at ………………. hereinafter
referred to as 'the said Bank

WHEREAS the Brihanmumbai Municipal Corporation hereafter referred to as BMC has

invited tenders for execution of ……………………………………. hereinafter referred to as 'the
said work’

AND WHEREAS M/s. ………………………………………. has/have responded to the said tender

and having been declared as the successful tenderer has/have agreed to execute the
contract for the said work as per the terms and conditions of the tender-document.

AND WHEREAS the terms of the tender document require that the successful tenderer
shall furnish to the BMC, a Performance Guarantee of Rs. ……………….. (Rs.
……………………………………………….…) for faithful compliance of the terms and conditions
contained in the tender document of the work awarded on ……………………..

WE ……………………………………………………Bank to hereby undertake to pay you, upon your

first written demand and without cavil or argument, any sum or sums within the limits of
……………… (Amount of guarantee) as aforesaid, without BMC needing to prove or to show
grounds or reasons for your demand for the sum specified therein.

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 thereunder or of any of the contract documents
which may be made between BMC and the consultant shall in any way release us from
any liability under this guarantee, and we hereby waive notice of any such change,
addition or modification.

WE ………………………………………………………. do hereby undertake and agree to pay to the

Deputy Municipal Commissioner (Engineering), of the BMC the amount due under this
guarantee. Any such demand made on the Bank shall be conclusive as regards the amount
due and payable by the Bank under this guarantee. However, our liability under this
guarantee Rs shall Rupees be restricted to an amount not exceeding Rs. ……………………

(Rs. ……………………………………………………………….….) .
WE ……………………………………………………………… Bank, hereby further agree that the
Guarantee herein contained shall remain in full force and effect during the period and till
the work awarded under the tender is faithfully executed the obligation under the tender
document and the agreement dated ……………… is discharged by M/s........................ to the
satisfaction of the Deputy Municipal Commissioner of Brihanmumbai Municipal
Corporation.

WE ………………………………… Bank further agree and undertake to extend the period of this
guarantee from time to time.

WE …………….…………………. Bank hereby further agree with the Deputy Municipal

Commissioner or his successor or successors that the BMC shall have the fullest liberty
without our consent and without affecting in any manner our obligations hereunder to
vary any of the terms and conditions of the tender document. The agreement dated ………
and the contract entered into with the …………….. of the BMC by M/s. …………….

WE ………………………. Bank further undertake not to revoke this guarantee during its
currency except with the previous consent of the Deputy Municipal Commissioner of BMC
in writing.

Dated this …………………… Day of …………………………………….

WITNESS BANK
 Appendix-C: Advance Bank Guarantee

Not Used
 Appendix-D:

Not Used
Appendix-E: Form of Undertaking to provide Parent Company/Sister
Concern Guarantee
(As per ITB 12.1 (a) Eligibility)
To:
Brihanmumbai Municipal Corporation ("BMC")
RE. Tender documents for the "Consultancy Services to prepare DPR & suggest measures
for converting Class-A sludge of Mumbai’s Wastewater Treatment Facilities (WWTFs) to
useful products and providing Project Management Services during execution of
suggested measures" (The "Tender Documents")
RE: Parent Company/Sister Concern 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/sister concern 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/sister
concern]
AND WHEREAS the undersigned is (the parent company/sister concern of) …………….
AND WHEREAS the undersigned has examined fully the Tender Documents,
NOW THEREFORE, the undersigned hereby undertakes to provide a Parent
Company/Sister Concern Guarantee in the wording set out in the Form of Parent
Company/Sister Concern Guarantee provided in the Contract Forms.
DATED this, ……………. day of 20……….
Name of Parent Company/Sister Concern

Per: Name

Title:

Per: Name

Title:

I/We have authority to bind the party/corporation.

 Appendix-F: Parent Company/Sister Concern Guarantee
(To be prepared on Official Stamp Paper as per the Indian Stamps Act 1958)

THIS DEED OF GUARANTEE ("Guarantee") is made on office 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 Brihanmumbai Municipal Corporation whose principal office is situated at Municipal

Building, Mahapalika Marg, Fort, Mumbai 400001 (hereinafter called BMC) of the other
part

WHEREAS the BMC has invited tenders, by its invitation to tender dated …… day of
…………………..20…… for "Consultancy Services to prepare DPR & suggest measures for
converting Class-A sludge of Mumbai's Wastewater Treatment Facilities (WWTFs) to
useful products and providing Project Management Services during execution of
suggested measures" (The "Project"),

AND WHEREAS (name of the Bidder) whose registered office is situated at

…………………………………. (hereinafter called the "Consultancy Services"), in response to the
BMC's invitation, has submitted an offer for Consultancy and Project Management
Consultancy Services contract with respect to the Project to be entered into with the BMC
(the "Contract");

AND WHEREAS the conditions of the BMC's invitation require that the Consultancy
Services offer is supported by a parent company/sister concern guarantee,

NOW THEREFORE, in consideration of the BMC awarding the Contract to the Project
Management Consultancy Services and the Project Management 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 BMC 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 perform all or any of
the said obligations, 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 BMC against all losses, damages,
costs and expenses whatsoever which the BMC may incur by reason or
inconsequence 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 clause 1 of this
Guarantee. For greater certainty, the maximum aggregate amount of liability of the
Guarantor under this Guarantee shall not exceed the maximum aggregate amount of
liability of the Consultant under the Contract.
3. The Guarantor shall not be discharged or released from this Guarantee by the
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 BMC and the Consultancy Services (but
so that the BMC 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. Termination of the Contract to the extent of the obligations 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 Project Management Consultancy
(PMC) 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
Project Management Consultancy (PMC) 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 BMC 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 BMC 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 BMC in respect of any payment by the Guarantor hereunder
(including in a situation of winding up, insolvency or liquidation of the Consultancy,
and in case the Guarantor receives any sum from the Consultant or any other person
in respect of any payment of the Guarantor hereunder, the Guarantor shall hold
such monies in trust for the BMC so long as any sums are payable (contingently or
otherwise) under this Guarantee.
6. The Guarantor will not, without the prior written consent of the BMC, hold any
security from the Consultancy or any other person in respect of the Guarantor's
liability hereunder 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 BMC have
been duly paid off.
7. This Guarantee is in addition to, and not in substitution for, any present and future
guarantee lie nor other security held by the BMC. The BMC's rights 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 BMC will have a right to assign the rights under the Guarantee with prior written
notice to the Consultancy.
10. The Guarantor hereby covenants and confirms, until the termination or expiry of the
Guarantee, the following:
a. It will provide audited financial statement of the Guarantor within 60 days from
expiry of each financial year.
b. It will not dispose all the shareholding held in the Consultancy (and shall always
control the management of the Consultancy.
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 BMC 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 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, the BMC 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 BMC from time to time in a form and manner acceptable to the BMC, are
true and fair/true, correct and complete in all respects as on the date on which
it was communicated or supplied.