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Bio Mining

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REQUEST FOR PROPOSAL

FOR

Selection of Contractor

For

The Work of “Scientific Dumpsite Land Reclamation through


Bio-mining, Resource Recovery and Scientific Rejects Disposal,
Sukali Compost Depot (Phase - 2), Amravati.”

Under

Amravati Municipal Corporation, Amravati (Maharashtra).


RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

VOLUME I: Request for Proposal (RFP) Document


RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

DISCLAIMER

The information contained in this Request for Proposal (RFP) has been prepared solely to assist
prospective Bidders in making their decision of whether or not to submit a bid. The Amravati
Municipal Corporation (here in after referred to as “the Authority” in this Bid Document) does not
purport this information to be all-inclusive or to contain all the information that a prospective Bidder
may need to consider in order to submit a proposal. The designs, drawings, technical data and any other
information provided in this RFP is only indicative and neither the Authority nor its employees, officers
nor its consultants will make or will be deemed to have made any current or future representation,
promise or warranty, express or implied as to the accuracy, reliability or completeness of the information
contained herein or in any document or information, whether written or oral, made available to a Bidder,
whether or not the aforesaid parties know or should have known of any errors or omissions or were
responsible for its inclusion in or omission from this RFP.

Neither the Authority or its employees or consultants make any claim or give any assurance as to
the accuracy or completeness of the information provided in this RFP Document. Interested parties are
advised to carry out their own investigations and analysis of any information contained or referred to
herein or made available at any stage in the bidding process in relation to the Project.

This RFP Document is provided for information purposes only and upon the express
understanding that such parties will use it only for the purpose set forth above. It does not purport to be
all-inclusive or contain all the information about the Projects in relation to which it is being issued.

The information and statements made in this RFP document have been made in good faith.
Interested parties should rely on their own judgments in participating in the said Project. Any liability
is accordingly expressly disclaimed even if any loss or damage is caused by any act or omission on part
of the aforesaid, whether negligent or otherwise.

This RFP Document has not been filed, registered or approved in any jurisdiction. Recipients of
this document should inform themselves of and observe any applicable legal requirements.

The Authority makes no representation or warranty and shall in unreliability under any law,
statute, rules or regulations as to the accuracy, reliability or completeness of the RFP document.

The Authority reserves the right to modify, suspend, change or supplement his RFP. Any change
to the RFP will be notified to all the Bidders to whom the RFP is issued. No part of this RFP and no part
of any subsequent correspondence by the Authority, its employees, officers or its consultants shall be
taken neither as providing legal, financial or other advice nor as establishing a contractor contractual
obligation. Contractual obligations would arise only if and when definitive agreements have been
approved and executed by the appropriate parties having the authority to enter into and approve such
agreements. The Authority reserves the right to reject all or any of the Bids submitted in response to this
RFP at any stage without assigning any reasons whatsoever.

Bidders are responsible for all costs incurred by them when evaluating and responding to this
document and any negotiation costs incurred by the recipient there after. The Authority may in its sole
discretion proceed in the manner it deems appropriate which may include deviation from its expected
evaluation process, the waiver of any requirements, and the request for additional information.
Unsuccessful Bidders will have no claim whatsoever against the Authority nor its employees, officers
nor its consultants.
RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

I. Key Dates

Event Date Time Web-Link/Venue

Start of Bid Download 16.00 pm www.mahatender.gov.in


14/10/2021
At. Commissioner’s Office,
Pre-Bid Meeting 26/10/2021 12.00 pm Amravati Municipal Corporation,
Amravati
Online Submission (Technical and
Financial Bid):
www.mahatender.gov.in
End Date of Online and Physical
09 /11/2021 16.00 pm
Bid Submission Physical Submission (Technical Bid
Only): Commissioner, Amravati
Municipal Corporation, Amravati,
Dist.- Amravati, Maharashtra
Amravati Municipal Corporation,
Technical Bid Opening 10/11/2021 16.00 pm
Amravati
As per
Financial Bid Opening approval of Amravati Municipal Corporation
TSC

II. Bid Data Sheet


A.

Tender Notice Number AMC/CE/SWM-TEN/ 110 /2021


Date of Issue 14/10/2021

Tender Inviting Authority The Amravati Municipal Corporation

Web-link www.mahatenders.gov.in

B.

Particulars Data

Cost of Project INR 18,96,63,600/- (Including GST)


Cost of Bid Document INR 5900 /- (including GST 18%)
EMD 3% of total project cost (1% Paid should online)
Bid Validity Period 180 Days from the due date of Bidding
Individual Bidder/ Consortium/Joint Venture (Maximum 2
Eligible Bidder for Bidding
Members in Consortium/Joint Venture)
Online Submission- Technical & Financial Bid
Method of Bid Submission Physical Submission:
Technical Bid Only

Performance Security 5 % of Contract Value (as per GRs of Maharashtra State)


RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

III. All the correspondence should be in written, the written correspondence may be sent through email,
fax or letter. All the communication and the bid submission should be addressed to the undersigned on
the address below:

To,

The Commissioner,
Amravati Municipal Corporation, Amravati (M.S)
Mob. No.: - 7030922874 – Dr. Seema Netam (MOH)
Mob.No.:- 7030922884 – Er. Ravindra Pawar (City Engineer)

E-mail:- amravaticorporation@yahoo.in; and amravaticorporation@gmail.com;


RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

Table of Contents
1. Introduction .............................................................................................................................. 12
1.1. Background...................................................................................................................................12
1.2. Project Objective ..........................................................................................................................12
1.3. Current scenario ............................................................................................................................12
1.4. Current Tender..............................................................................................................................12
1.5. Objective of the Bid Document ....................................................................................................13
2. Instruction to Bidder ................................................................................................................. 13
2.1. Scope of Bid .................................................................................................................................13
2.2. Eligible Bidder..............................................................................................................................13
2.3. Pre-Qualification Criteria .............................................................................................................14
2.4. Essential Pre-Qualification Documents ........................................................................................16
2.5. One bid per Bidder .......................................................................................................................16
2.6. Cost of Bidding.............................................................................................................................17
2.7. Site Visit and verification of Information .....................................................................................17
2.8. Pre-Bid Meeting ...........................................................................................................................17
2.9. Amendment in the Bidding Document .........................................................................................18
2.10. Conflict of Interest ........................................................................................................................18
3. Preparation of Bids ................................................................................................................... 19
3.1. Procedure for Participation in e-Tendering ..................................................................................19
3.2. Bid Validity Period .......................................................................................................................19
3.3. Bid Document Fees ......................................................................................................................19
3.4. Earnest Money Deposit ................................................................................................................20
3.5. Technical Proposal .......................................................................................................................20
3.6. Financial Proposal ........................................................................................................................21
3.7. Documents Comprising the Bid....................................................................................................21
3.8. Language of Bid ...........................................................................................................................21
4. Submission of Bids ................................................................................................................... 21
4.1. Online submission of Bids ............................................................................................................21
4.2. Physical Submission of Bids ........................................................................................................22
4.3. Bid Due Date ................................................................................................................................22
4.4. Withdrawal, Substitution and Modification of Bids .....................................................................22
5. Bid Opening and Evaluation..................................................................................................... 23
5.1. Procedure for Bid opening and Evaluation ...................................................................................23
5.2. Clarifications ................................................................................................................................23

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

5.3. Confidentiality ..............................................................................................................................24


5.4. Proposal Evaluation ......................................................................................................................24
5.5. Successful Bidder .........................................................................................................................25
5.6. Award of Contract ........................................................................................................................25
5.7. Performance Security ...................................................................................................................25
5.8. Signing of Contract Agreement ....................................................................................................26
5.9. Fraud and Corrupt Practices .........................................................................................................26
6. Scope of Work .......................................................................................................................... 27
7. Payment Schedule..................................................................................................................... 30
7.1. Payment Mechanism.....................................................................................................................30
7.2. Liquidated Damage.......................................................................................................................31
7.3. Penalty for Non-Compliance ........................................................................................................32
8. Miscellaneous ........................................................................................................................... 32
9. Schedule ‘B’ ............................................................................................................................. 33
Forms for Technical Bid Submission .............................................................................................. 34
Form 1: Letter Comprising the Bid cum undertaking................................................................................35
Form 2: Format for Description of Bidder.................................................................................................38
Form 3: Power of Attorney for Signing of Bid ..........................................................................................39
Form 4: Power of Attorney for Lead Member of Consortium...................................................................40
Form 5: Format for Consortium/Joint Venture Agreement .......................................................................42
Form 6: Form for Financial Pre-Qualification ...........................................................................................44
Form 7: Format for Banker’s Certificate ...................................................................................................46
Form 8: Format for summary of Technical Pre-Qualification ...................................................................47
Form 8 (A) : Details of Projects eligible for Technical Pre-Qualification.................................................48
Form 9: Format for Submitting Dumpsite Reclamation and Gas/ Leachate Management Plan ...............49
Form 9 (A): Format for Providing Details of Machinery to be deployed for the Project ..........................50
Form 9 (B): Details of Key Personnel to be deployed for the Project .......................................................50
Form 10: Format for Providing Environment, Health and Safety Management Plan ...............................51
Form 11: Format for Letter of Acceptance (LoA) .....................................................................................52
Form 12: Format for Performance Bank Guarantee ..................................................................................53
Form 13: Format for Retention Security Deposit Bank Guarantee (SBG) ................................................54
Forms for Financial Bid Submission ............................................................................................... 55
Appendices ....................................................................................................................................... 56
Volume II- Draft Contract Agreement Format ................................................................................ 65
Volume III- Conditions of Contract ................................................................................................. 68
Conditions of Contract ..................................................................................................................... 70

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

A. General Conditions of Contract (GCC) .................................................................................... 70


1. Definitions ................................................................................................................................ 70
2. Interpretations ........................................................................................................................... 71
3. Documents Forming Part of Contract:...................................................................................... 71
4. Language and Law.................................................................................................................... 71
5. Communications ....................................................................................................................... 71
6. Engineer's Decisions ................................................................................................................. 72
7. Subcontracting .......................................................................................................................... 72
8. Personnel .................................................................................................................................. 72
9. Force Majeure ........................................................................................................................... 72
10. Contractor's Risks ..................................................................................................................... 73
11. Safety ........................................................................................................................................ 73
12. Liability for Accidents to Person .............................................................................................. 73
13. Contractor to Complete the Works ........................................................................................... 73
14. Discoveries ............................................................................................................................... 74
15. Dispute Resolution System ....................................................................................................... 74
16. Approval by the Engineer ......................................................................................................... 74
17. Time Frame for completion of works ....................................................................................... 74
18. Extension of Time .................................................................................................................... 74
19. Liquidated Damages ................................................................................................................. 75
20. Contract amount ....................................................................................................................... 75
21. Quality Control ......................................................................................................................... 75
22. Termination of Contract ........................................................................................................... 76
23. Payment upon Termination ...................................................................................................... 76
24. Performance Security ............................................................................................................... 77
25. Payment of contract Amount .................................................................................................... 77
26. Completion Certificate ............................................................................................................. 77
B. Special Conditions of Contract (SCC)...................................................................................... 77
1. Role of Parties to the Contract .................................................................................................. 77
2. Compliance to Law, Rules and Regulations ............................................................................. 78
Annexure I: Provisional Completion Certificate .......................................................................................80
Annexure II: Final Completion Certificate ................................................................................................81

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

1. Introduction
1.1. Background

The “Swachh Bharat Mission-Urban” (SBM-U) is a major initiative of Government of India with
a vision of a ‘Clean India’ by 2020. To achieve the objectives of the Swachh Bharat Mission, Government
of Maharashtra has launched “Swachh Maharashtra Mission” at the state level. Swachh Maharashtra
Mission will be the nodal agency in urban areas for implementing the overall goals of SBM.

The Government of Maharashtra proposes to strengthen the entire MSWM system in all the
Urban Local Bodies (ULBs) in Maharashtra so as to comply with the Solid Waste Management Rules
2016, Service Level Benchmarks of the Government of India (GoI) & achieve the objectives of Swachh
Bharat Mission (SBM) by 2020.

1.2. Project Objective

To fulfill the objectives of the Swachh Maharashtra Mission, the Amravati Municipal
Corporation, through this proposed project aims at reclamation of land from the existing dumpsite, Sukali
Compost Depot, Amravati through the process of Bio-mining.

1.3. Current scenario

Sr. No. Description Details

1. Population (Census 2011) 6,47,058

2. Present Waste Generation (2020) 250 TPD estimated

3. Dumpsite Site Location Sukali Compost Depot.Amravati

4. Mouja Peth Amravati

5. Survey number 155, 156


Latitude: 20°56'1.04"N
6. Co-ordinates
Longitude: 77°43'30.14"E
7. Total Land Area 9.35 Ha
Total Area of the Site on which legacy waste is to be
8. clean by bio-mining process and Quantity of legacy 6.5 HR / 4,51,580 Cum
waste (Approximately)

1.4. Current Tender

The Amravati Municipal Corporation (herein after referred to as “the Authority” in this Bid
Document) is seeking proposals from eligible Bidders to undertake the works required for Scientific
dumpsite reclamation through Bioremediation and Bio-mining of legacy waste/un-processed municipal
solid waste by excavation of complete mixed MSW from the dumpsite formation of trenches, spreading of
bio-culture, periodic rotation of hips formed. Resource recovery by using suitable mechanical sieving
machine or any other suitable equipment/method, segregating, sorting, retrieving recoverable materials,
storing, selling, diverting for recycling, making necessary provisions of recovered material such as
plastics/RDF/bio-solids/rejects/inert. Contractor shall executer the works as per the SWM Rules 2016 and
CPCB Guidelines for Disposal of Legacy Waste (Old Municipal Solid Waste) Feb 2019 during contract period and

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

hand back of reclaimed land and disposal facility to the Amravati Municipal Corporation at the end of
contract period.

1.5. Objective of the Bid Document

This Bid Document is structured to provide prospective Bidders with sufficient information on
which to prepare a Proposal and is organized in the following manner:
Volume I: Request for Proposal Document
• Introduction
• Instruction to Bidders
• Preparation of Bid
• Submission of Bid
• Bid Opening and Evaluation
• Scope of Project
• Payment Schedule
• Miscellaneous
Volume II: Draft Contract Agreement

Volume III: Conditions of Contract


2. Instruction to Bidder
2.1. Scope of Bid

2.1.1. The Authority invites bids for the execution of works (herein after referred to as "the works")
detailed in this Bid Document.

2.1.2. The successful bidder will be expected to complete the works by the intended completion date
specified the bid data sheet of this RFP document.

2.2. Eligible Bidder

2.2.1. A Bidder may be a natural person, private entity, government-owned entity or any combination of
them with a formal intent to enter into an agreement or under an existing agreement to form a
Consortium/Joint Venture. For an applicant/ bidder can submit the Bid either individually or form
a consortium. In case the Bidder is a Consortium/Joint Venture, it shall, comply with the following
additional requirements:

(i) The number of members (incorporated under The Companies Act, 2013 or Partnership firm
registered under Indian Partnership Act, 1932 ir a Proprietorship firm or Limited Liability
Partnership firm under Limited Liability Partnership firm Act, 2008) in a Consortium /Joint
Venture would be limited to 2 (two) members only. The Members of the Consortium/Joint
Venture shall nominate one member as the lead member (the “Lead Member”), the member
other than the lead member shall be termed as the “the support partner”. It is clarified that
the lead member of the consortium would be regarded as being responsible for the due
implementation of this Project who must have technical experience as mention in this RFP.

(ii) In case of consortium/ Joint Venture; Lead member should have minimum technical capacity
criteria as mentioned clause 2.3.1 And minimum average annual turnover criteria of 51% to
that mentioned under financial capacity under clause 2.3.2 of prequalification criteria
respectively.

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

(iii) Combined Technical and financial capacity of all Consortium/Joint Venture members (“the
Lead Member” and “the support partner”) shall be considered towards qualifying and
evaluation criteria.,.

(iv) A consortium/Joint Venture shall have registered agreement wherein roles and
responsibilities of Consortium members/joint venture parties clearly mentioned. The
aforesaid mentioned agreement should be submitted along with the Bid document.

(v) The Consortium/Joint Venture members shall nominate a person as the Authorize signatory
from the Lead Member of the Consortium/Joint Venture who shall be authorized to sign
their bid submission, the contract agreement or any correspondence with the Authority. A
power of Attorney in the name of Authorized Signatory has to be furnished by the
Consortium/Joint Venture bidder along with their technical proposal which is authenticated
by respective statuary authority.

2.3. Pre-Qualification Criteria

2.3.1. Technical Capacity


For demonstrating technical capacity (“the technical capacity”), the bidder has to comply with
both of the following condition:
i. Successfully handled similar works during last seven years prior to the last day of month
previous to publication of this bid should be either of the following:
a. Three each similar completed works costing not less than the amount equal to 40% of
the estimated cost.
Or
b. Two each similar completed works costing not less than the amount equal to 50% of the
estimated cost.
Or
c. One each similar completed works costing not less than the amount equal to 80% of the
estimated cost.

ii. Note.
a. Similar works means works regarding execution of scientific dumpsite/ reclamation of
land/Bio-mining of legacy waste.
b. Estimated Project Cost in Rs. 18,96,63,600/-
c. Projects/works such as plant machineries provided/ supplied on rental basis to ULB’s
will not be considered under evaluation. Only those projects will be considered who has
excuted scope as of designed, build, operated bio-remediation and bio-mining of legacy
waste including scientific disposal of by products such as bio-solids, RDFs, Inserts.. etc.
Note:

• In case an eligible project for accessing “the technical capacity” has been jointly executed by the
Bidder (as part of a consortium), then the entity claiming such eligibility should satisfy both of
below conditions:
(a) Have held minimum 51% share in the project for which the experience is being claimed
the claiming entity shall produce proof of percentage shareholding in the project for which
experience is being claimed.
(b) The project shall be qualified as ‘eligible project’ for “the technical capacity only if the
percentage shareholding in the project multiplied with the total project capacity is
satisfying the criteria laid down in clause 2.3.1 above.

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

• The eligible projects claiming “the Technical Capacity” should have been executed for any
Local Body/ any Government / Semi-Government Organizations / Public Sector Undertakings in
India with direct contract with them.

2.3.2. Financial Capacity

For demonstrating the financial capacity (“the Financial Capacity”), the bidder has to comply with each
of the following conditions:

(i) Minimum average turnover of 50% of estimate cost INR 9.48 Cr. in the preceding three financial
years (2017-18, 2018-19, 2019-20) from the due date of submission of this bid;

(ii) Shall have availability of Liquid assets and/or availability of credit facilities of 30% of estimate
cost no less than INR 5.69 Cr. at the time of submission of this bid. The bidder shall furnish
Certificate for availability of Liquid asset dully certified from its statuary auditor.

(iii) Shall have positive net worth of minimum worth of minimum 10% of estimate cost 1.INR 1.89
Cr. In the preceding three financial year (2017 to 2020) from the due date of submission of this
bid. Cr in the preceding three financial year (2017-18,2018-19,2019-20) from the due date of
submission of this bid

Note:

For the purpose of this RFP, turnover (“the turnover”) shall mean the average of annual revenues from

execution of the projects as listed in Clause 2.3.1 (i) during the preceding three financial years from the

due date of submission of this bid. This shall not include capital grants/capital

subsidies/donations/salaries/dividend/bonus/commission and interest income.

• For the purposes of this RFP, net worth (the "Net Worth") shall mean:
(a) In case of Private Limited/ Limited Companies incorporated under the Companies
1956 (or the Companies Act 2013) (or equivalent Act in case of Foreign bidder) shall mean the
sum of subscribed and paid up equity and all reserves created out of the profits and securities
premium account after deducting the aggregate value of the accumulated losses, deferred
expenditure and miscellaneous expenditure not written off, as per the audited balance sheet, but
does not include reserves created out of revaluation of assets, write-back of depreciation and
amalgamation (as prescribed in the Companies Act 2013).
(b) Incase of Partnership Firms means partners’ capital plus reserve & surplus.

(c) In case of individuals means sum total of all assets less liabilities.

For the purposes of this RFP, net worth (the "Net Worth") shall mean:
(a) In case of Private Limited/ Limited Companies incorporated under the Companies
1956 (or the Companies Act 2013) (or equivalent Act in case of Foreign bidder) shall mean
the sum of subscribed and paid up equity and all reserves created out of the profits and
securities premium account after deducting the aggregate value of the accumulated losses, deferred
expenditure and miscellaneous expenditure not written off, as per the audited balance sheet, but does
not include reserves created out of revaluation of assets, write-back of depreciation and
amalgamation (as prescribed in the Companies Act2013).

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

(b) In case of Partnership Firms means partners’ capital plus reserve & surplus.
(c) In case of individuals means sum total of all assets less liabilities.

2.3.3. Other Pre-Qualification Criteria


(i) The bidder should be technically capable enough to ensure all environmental hazard mitigation
measures and demonstrate expertise in EHS – Environment, health and safety aspects and
impacts that need to be addressed at dumpsite while adopting the works. RFP document
demonstrating their proposal to follow the measures for the Protection of Environment, Health
and Safety while executing the Works.
(ii) The bidder or any member of the consortium/ Joint Venture should not have been
blacklisted/Debarred/banned/suspended by any government organization at any point of time in
India. A self certified letter signed by the authorized signatory of the bidder required to be
submitted as part of tender form.

2.4. Essential Pre-Qualification Documents

Bidder to enclose all of the following documents in support of his pre-qualification for bidding:

(i) Incorporation certificate of the company/Proof of Company registration document/MoA;


(ii) Copy of Agreement with the concerned client;
(iii) Certificate(s) (completion or Currently operating, as the case may be) from its concerned client(s)
in support of “the technical capacity” clearly stating the capacity of project (or, quantity
Processed till date in case of currently running project) including performance of the firm for the
work completed during the contract period of the project in respect of the projects whose
experience is claimed.
• Performance certificate should be issued from the concerned client(s) (Certificate issued by
the officer of rank below not below than Executive Engineer/ Project Manager or equivalent)
shall only be considered.
• In case a particular work/ contract has been jointly executed by the Bidder (as part of a
consortium/ Joint Venture), it should further support its claim for the share in work done for
that particular work/ contract by producing a certificate from its client.

(iv) Audited balance sheet of preceding three financial years from the due date of submission of this
bid and Certificate(s) from its Statutory Auditors in support of “the Financial Capacity”
• Certificate specifying the average Turnover of the Bidder (Individual bidder/Lead Member of
Consortium/Joint Venture) in preceding three financial years from the due date of
submission of this bid, and also specifying the methodology adopted for calculating such
Turnover conforming to the provisions of this Clause.

(v) GSTIN number;


(vi) Copies of latest service return filled/ copy of pan card and provide Form – 7 from bank.

2.5. One bid per Bidder

A Bidder is eligible to submit only one Bid for the Project in entire bidding process either
individually or as a member of any one Consortium. Applicant/Bidder shall not be entitled to submit
another bid either individually or as a member of any other Consortium, as the case may be.

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

2.6. Cost of Bidding

The Bidders shall be responsible for all the costs associated with the preparation of their Bids
and their participation in the Bidding Process. The Authority will not be responsible or in any way
liable for such costs, regardless of the conduct or outcome of the Bidding Process.

2.7. Site Visit and verification of Information

2.7.1. Prior to submitting the Proposal, the Bidders are advised to visit and examine the project site and
its surroundings, obtain and ascertain for themselves all technical data, and other information
necessary for preparing their Proposal (bid) including carrying out necessary technical surveys,
total station survey for quantity estimation, field investigations, assets condition assessment etc. at
its own cost and risk. Bidders are encouraged to submit their respective Bids after visiting the
Project site/area to ascertain the ground situation, coverage, quality of assets or any other matter
considered relevant by them. The Bidders shall be deemed to have full knowledge of the site
conditions, whether physically inspected or not, if Bidder submits a Proposal for this project.

2.7.2. For the above purpose, the Bidders may approach the Authority for assistance during any site visit.
The Bidders shall be responsible for all arrangements and shall release and indemnify the
Authority and/or any of its agencies/consultants/advisors from and against all liability in respect
hereof and shall be solely responsible for any personal injury, loss of or damage to property or any
other loss, damage, costs or expenses, however caused, which, but for the exercise of such
permission, would not have arisen due to this RFP.

2.7.3. It shall be deemed that by submitting a Bid, the Bidder has:


(i) Made a complete and careful examination of the Bidding Documents;
(ii) Received all relevant information;
(iii) Acknowledged and accepted the risk of inadequacy, error or mistake in the information
provided in the Bidding Documents or furnished by the Authority and shall not be a basis
for any claim for compensation, damages, extension of time of performance of its
obligations, loss of profit etc. from the Authority, or a ground for termination of the
Contract Agreement;
(iv) satisfied itself about all matters, things and information necessary and required for
submitting an informed Bid, execution of the Project in accordance with the Bidding
Documents and performance of all of its obligations there under;
2.8. Pre-Bid Meeting

2.8.1. The bidders or their official representative are invited to attend a pre-bid meeting. The purpose of
the meeting will be to clarify issues and to answer questions on any matter that may be raised at
that stage. The date, time and address of the Pre-bid meeting shall be as specified in the bid data
sheet.

2.8.2. Bidders requiring any clarification on the bidding documents or questions on any matter that may
be raised at that stage, may send their queries in written, addressed to contact person as mentioned
in the Bid Data Sheet, latest by one day before the pre-bid meeting date mentioned in the bid data
sheet. The responses of the Authority will be uploaded only on the Website
www.mahatender.gov.in and shall not be communicated separately to the bidders.

2.8.3. The Authority shall endeavor to respond to the questions raised or clarifications sought by the
Bidders. However, the Authority reserves the right not to respond to any question or provide any
clarification, in its sole discretion, and nothing in this Clause shall be taken or read as compelling

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or requiring the Authority to respond to any question or to provide any clarification which will
have material adverse effect on the bidding outcome.

2.8.4. The Authority (AMC) may also on its own motion, if deemed necessary, issue interpretations and
clarifications to all Bidders. All clarifications and interpretations issued by the Authority shall be
deemed to be part of the Bidding Documents. Verbal clarifications and information given by
Authority or its employees or representatives shall not in any way or manner be binding on the
Authority.

2.9. Amendment in the Bidding Document

2.9.1. At any time prior to the deadline for submission of proposals, the Authority may amend the RFP
documents, including any contractual document, by issuing an Addendum.

2.9.2. Any Addendum thus issued shall be part of the RFP documents and shall be published on the
website www.mahatender.gov.in. The Authority bears no obligation for any bidder not receiving
the information of the addendum issued to this RFP for any reason whatsoever.

2.10. Conflict of Interest

2.10.1. A Bidder shall not have the conflict of interest (the “Conflict of Interest”) that affects the Bidding
Process. Any Bidder found to have a Conflict of Interest shall be disqualified. In the event of
disqualification, the AUTHORITY (AMC) shall forfeit and appropriate the Bid Security or
Performance Security, as the case may be. Without limiting the generality of the above, a Bidder
shall be considered to have a ‘conflict of interest’ that affects the ‘Bidding Process’, if:

(i) Such Bidder (or any constituent thereof) and any other Bidder (or any constituent thereof)
have common controlling share holders or other ownership interest;
Or;
(ii) A constituent of such Bidder is also a constituent of another Bidder;
Or;
(iii) Such Bidder receives or has received any direct or indirect subsidy from any other
Bidder, or has provided any such subsidy to any other Bidder;
Or;
(iv) Such Bidder has the same legal representative for purposes of this Bid as any other
Bidder;
Or;
(v) Such Bidder has a relationship with another Bidder, directly or through common third
parties, that puts them in a position to have access to each other’s information about, or to
influence the Bid of either or each of the other Bidder.

2.10.2. A Bidder shall be liable for disqualification and forfeiture of Bid Security or Performance Security
and termination of contract as the case may be, if a conflict of interest on part of Bidder is
discovered by the Authority during the Bidding Process or subsequent to the (i) during the bidding
process, or (ii) issue of letter of award (LoA) or (iii) execution of the Contract Agreement.

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3. Preparation of Bids
3.1. Procedure for Participation in e-Tendering

3.1.1. Registration of Bidders on e-Tendering System


All the bidders have to register on the website www.mahatender.gov.in User-id/contractor- id and
password will be provided to the bidders on their registered e-mail id after completing the registration
process. After signing-in through the user-id/contractor-id the bidder can download the bidding document
and participate in further bidding process. For more details on the e-tendering procedure the bidders may
refer the information provide on the website www.mahatender.gov.in
Digital Certificate
The bids submitted online should be signed electronically with Digital Certificate to establish the
identity of the bidder submitting the bid online. For more details on the process of getting digital
certificate and signing the bid document through digital certificate the bidders are advised to refer the
information provided on the website www.mahatender.gov.in

3.1.2. Key Dates


The bidders are strictly advised to follow the time schedule (Key dates) of the bid of their side for
tasks and responsibilities to participate in the bid, as all the stages of each bid are locked before the start
time and date and after the end time and date for the relevant stage if the bid as set by the Authority and
they may right to make changes time to time with their convince.

3.1.3. Preparation and Submission of Bids


The bidders have to prepare their bid online, encrypt their bid data in the Bid forms and submit Bid
of all the envelopes and documents related to the Bid required to be uploaded as per the time schedule
mentioned in the key dates provided in this RFP document dafter singing of the same by the Digital
Signature of their authorized representatives.

Note:
(i) Bidders are requested to visit our e-tendering website regularly for any clarifications and/or due date
extension or corrigendum.
(ii) Bidder must positively complete online e-tendering procedure at www.mahatender.gov.in
(iii) The Authority shall not be responsible in any way for delay/difficulties/ inaccessibility of the
downloading facility from the website for any reason whatsoever.
(iv) In case, due date for submission & opening of tender happens to be a holiday, the due date shall be
shifted to the next working day for which no prior intimation will be given.
(v) The Authority reserves the right for extension of due date of opening of technical bid.

3.2. Bid Validity Period


The bids shall remain valid for a period specified in Bid Data Sheet from the due date of biding as
prescribed by the Authority. The validity of the bid can be extended by mutual consent in writing.

3.3. Bid Document Fees


The Bid Document shall be available for download to concerned eligible bidders immediately after
online release of the bids and up to scheduled time and date as set in the key dates. The bid document can
be downloaded free of cost, however, the bidders have to pay Bid document fees, of the amount as
mentioned in the bid data sheet, at the time of their online bid submission The payment for the cost of bid

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document shall be made online through Debit/Credit card, Net banking or NEFT Challan as per the
instruction provided on the website.
3.4. Earnest Money Deposit

3.4.1. The Bidder shall furnish, as part of his Bid, an Earnest Money Deposit (EMD) of the amount as
mentioned in bid data sheet of this RFP document 3% of project cost (pay 1% online and 2% off
line while agreement). The EMD must be submitted online through Debit/Credit card, Net banking
or NEFT Challan as per the instructions provided on the website www.mahatender.gov.in.

3.4.2. No interest shall be payable on the EMD. The Bidder shall bear the cost relating to providing its
EMD.

3.4.3. Any Bid not accompanied by the EMD shall be rejected by the Authority as being a non-
responsive Bid.

3.4.4. The EMD of unsuccessful Bidders will be returned after the date of Work order of L1 bidder of the
date of finalization of successful Bidder or signing of the contract agreement with the successful
bidder whichever is later. If the Bid is cancelled for any reason whatsoever, the EMD shall be
returned to all the bidders of such cancellation online.

3.4.5. The EMD of the successful Bidder will be retained by the Authority and returned approval by
authority after signing of contract agreement and furnishing the performance guarantee by the
successful bidder.

3.4.6. The EMD will be forfeited if:

(i) Any bidder withdraws its bid during the validity period of the Bid;

(ii) The successful Bidder fails to sign contract agreement or submit performance guarantee, as
the case may be.

(iii) The Authority finds out that the bidder has involved in corrupt and fraudulent practice or has
given any material miss-representation in its bid knowingly or unknowingly

(iv) Any other reason thereof mentioned in this bid document.

(v) The Bidders fails to comply with the Bid process

3.5. Technical Proposal

3.5.1. The Technical Proposal shall comprise of the following documents


(i) Essential pre-Qualification Documents as specified in the clause 2.4
(ii) Technical Bid
a) Form 1: Letter Comprising the Bid cum undertaking
b) Form 2: Format for Description of Bidder
c) Form 3: Power of Attorney for Signing of Bid
d) Form 4: Power of Attorney for Lead Member of Consortium
e) Form 5: Format for Consortium/Joint Venture Agreement
f) Form 6: Form for Financial Pre-Qualification
g) Form 7: Format for Banker’s Certificate

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h) Form 8: Format for summary of Technical Pre-Qualification


i) Form 8(A): Details of Projects eligible for Technical Pre-Qualification
j) Form 9 (A): Format for Providing Details of Machinery to be Deployed for the Project
k) Form 9 (B): Details of Key Personnel to be deployed for the Project
l) Form 10: Format for Providing Environment, Health and Safety Management Plan

3.5.2. All the documents/ information enclosed with the technical proposals should be self-attested and
certified by the Bidder. The Bidder shall be liable for forfeiture of his EMD, if any document/
information are found false/fake/untrue before acceptance of Bid. If it is found after acceptance of
the Bid, the authority may at his discretion forfeit his performance security/guarantee, security
deposit, enlistment deposit and take any other suitable action.

3.6. Financial Proposal

3.6.1. The bidder shall have to quote rates in format of Financial Bid submission provided on the e-
tender website. A format of the financial bid has been provided in this RFP document.

3.6.2. The price quoted by the bidder shall be entirely in Indian currency (INR).

3.6.3. The Amount in the Financial Proposal shall be quoted in figures as well as in words. If any
difference in figures and words found, lower of the two shall be taken as valid and correct.

3.6.4. The bidder shall have to quote rates inclusive of GST, all duties, taxes and other levies.

3.6.5. The rates and prices quoted by the bidder shall be fixed for the duration of the Contract and shall
not be subject to any adjustments on any account.

3.7. Documents Comprising the Bid


The Bid submitted by the bidder shall comprise of the following parts:
A. Bid Document Fees and EMD as per the details and instructions provided in clause 3.3 & 3.4
respectively
B. Technical Proposal as per the details and instructions provided in clause 3.5
C. Financial Proposal as per the details and instructions provided in clause 3.6

3.8. Language of Bid

3.8.1. The bid and all related correspondence and documents shall be written in the English language.
Supporting documents and printed literature furnished by the Eligible Bidder with the Proposal
may be in any other language provided that they are accompanied by an appropriate translation
into English. Supporting materials that are not translated into English shall not be considered. For
the purpose of interpretation and evaluation of the Proposal, the English language translation shall
prevail.

4. Submission of Bids
4.1. Online submission of Bids
The bidders have to submit their respective bids online, as per the instructions provided on the
website www.mahatender.gov.in for online submission of bids. The bidders shall submit their Bids dully

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completed in all respect on or before the due date of bid submission after singing of the same by the Digital
Signature of their authorized representatives. The Bid submitted online by the Bidder shall be in the
following part:

Part 1: This shall be known as “Envelop-A- Bid Document Fees & Earnest Money Deposit” and shall
contain the documents as mentioned in clause 3.7 (A)

Part 2: This shall be Known as “Envelop B- the Technical Proposal” and shall contain the documents
as specified in clause 3.7 (B)

Part 3: This shall be Known as “Envelop C- the Financial Proposal” and shall contain the Price Offer
of the Bidder as mentioned in clause 3.7 (C).

4.2. Physical Submission of Bids

4.2.1. The bidders have to submit the documents (“the Original Documents”), mentioned Part 2 of the
clause 4.1 above in physical form (“the physical bid submission”) within the date and time for
Physical Bid Submission as mentioned in the Bid data sheet.

4.2.2. The physically submitted Bid, “The Technical Proposal”, shall be typed or written in indelible ink
and signed by the authorized signatory of the Bidder (Photocopy/ Scanned Copy of the signature
will not be accepted). The pages in Proposal should be numbered. Each page shall be initialed by
an authorized signatory of the Bidder. All alterations, omissions, additions, or any other
amendments made to the Proposal shall also be initialed by the person(s) signing the Proposal.

4.2.3. The physically submitted bid shall be enclosed in a sealed envelope, and superscripted as
“PHYSICAL SUBMISSION OF TECHNICAL PROPOSAL FOR THE WORK _____ (NAME
OF THE WORK) ______”.

4.2.4. The envelope shall bear the due date of physical bid submission, name and address of the
authorized signatory of the bidder and shall be addressed as mentioned in the Bid data sheet.

4.2.5. The Authority expects Bidders to adhere to the sealing and marking instructions given above and
assumes no responsibility for the misplacement or premature opening of the contents of the
Proposal submitted.

4.3. Bid Due Date

4.3.1. The due date and time of the bid submission is as mentioned in the Bid data sheet.

4.3.2. The Online Bid and the physical bid should be submitted on or before the due date of bid
submission.

4.3.3. The Authority may, in its sole discretion, extend the Bid Due Date by issuing an Addendum in
accordance with clause 2.9 uniformly for all Bidders and publish the Addendum on the website of
www.mahatender.gov.in

4.4. Withdrawal, Substitution and Modification of Bids


Bidders can withdraw and modify their respective online submitted bids till the end of
the due date of bid submission. The Bidder will not be able to modify a Bid after the due date of
submission of these Bids. The bid for which withdrawal request has been received by the
Authority after the due date of bidding shall be declined from the bidding process. In the event of
withdrawal of a Bid by the Bidder, after the due date of its submission, the Authority reserves the

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right to forfeit the EMD of the bidder at its sole discretion.

5. Bid Opening and Evaluation


5.1. Procedure for Bid opening and Evaluation

5.1.1. The Authority designated officer open the Bids online on the Bid Opening Date and Time as
specified in the Bid Data Sheet.

5.1.2. The Authority designated officer will subsequently examine and evaluate the Bids in accordance
with the provisions set out in this section.

5.1.3. Proposals shall first be checked for responsiveness with the requirements of the RFP and only
those Proposals which are found to be responsive would be further evaluated for qualification in
accordance with the criteria set out in this RFP.

5.1.4. The Technical proposal shall be evaluated next based on the criteria set out in this RFP documents.
The Financial bids of only those bidders who qualify the technical qualification shall be opened.

5.1.5. All technically qualified bidders will be notified for opening of the Financial Bids.

5.1.6. The Municipal commissioner of Amravati have right to reject or accept any bid if there is Conflict
between bidder & Tender Scrutiny Committee (TSC) members.

5.1.7. The Municipal Commissioner, Amravati and Bidder have decided arbitrator if there is legal
Conflict between bidder & TSC.

5.2. Clarifications

5.2.1. To facilitate evaluation of Proposals the Authority may, at its sole discretion, seek clarifications
from any Bidder during the evaluation period. Such clarification(s) shall be provided within the
time specified by the Authority for this purpose. Any request for clarification(s) and all
clarification(s) shall be in writing. If a Bidder does not provide clarifications sought within the
prescribed time, its Proposal shall be liable to be rejected. In case the Proposal is not rejected, the
Authority may proceed to evaluate the Proposal by construing the particulars requiring
clarification to the best of its understanding, and the Bidder shall be barred from subsequently
questioning such interpretation of the Authority.

5.2.2. Bidders are advised that the evaluation of Proposals will be entirely at the discretion of the
Authority. Bidders will be deemed to have understood and agreed that no explanation or
justification on any aspect of the Bidding Process or selection will be given.

5.2.3. Any information contained in the Proposal shall not in any way be construed as binding on the
Authority, its agents, successors or assigns, but shall be binding against the Bidder if any Project is
subsequently awarded to it under the Bidding Process on the basis of such information.

5.2.4. The Authority reserves the right not to proceed with the Bidding Process at any time without
notice or liability and to reject any Proposal without assigning any reasons.

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5.3. Confidentiality

5.3.1. The Authority shall ensure that the rules for the bidding proceedings for the Project are applied in a
non-discriminatory, transparent and objective manner. The Authority shall not provide to any
Bidder information with regard to the Project or the bidding proceedings, which may have the
effect of restricting competition.

5.3.2. Information relating to the examination, clarification, evaluation, and recommendation for the
short-listed pre-qualified Bidders shall not be disclosed to any person who is not officially
concerned with the process or is not a retained professional advisor advising the Authority in
relation to or matters arising out of, or concerning the Bidding Process. The Authority will treat all
information, submitted as part of Proposal, in confidence and will require all those who have
access to such material to treat the same in confidence. The Authority may not divulge any such
information unless it is directed to do so by any statutory entity that has the power under law to
require its disclosure or is to enforce or assert any right or privilege of the statutory entity and/ or
the Authority.

5.3.3. Any effort by a Bidder to influence Authority’s evaluation of Bids or award decisions will result in
the rejection of the Bidder’s Bid.

5.4. Proposal Evaluation

5.4.1. Envelope 'A' shall be opened first online at the time and date notified and its contents shall be
checked. In cases where Envelope 'A' does not contain all requisite documents, such bid shall be
treated as non-responsive, and Envelope "B" and "C" of such bid shall not be opened.

5.4.2. In the next step of evaluation, the Envelop ‘B’ shall be opened online at the time and date notified.
The bidder shall have freedom to witness opening of the Envelope ‘B’ of the Bid

5.4.3. A detailed Technical Evaluation of the responsive bids shall be carried out and the bidder shall be
considered technically qualified if:

(i) The online bid has been submitted in the manner as specified in clause 4.1.

(ii) The technical proposal contains all the documents as specified in clause 3.7 (B).

(iii) Physical bid had been received by the Authority within the specified time and it contains all
the documents in original and has been submitted in the manner as specified in clause 4.2.

(iv) It is fulfilling the pre- Qualification Criteria as specified in clause 2.3 and furnished all the
necessary support documents in support of such qualification.

(v) It has provided all the other information and documents as directed in this RFP document
corresponding to the technical qualification of the bidder.

5.4.4. Envelope 'C' (Financial Proposal) of bidders who are not qualified in Technical Bid (Envelope
'B') shall not be opened.

5.4.5. Envelope 'C' (Financial Proposal) of the technically qualified bidders shall be opened online at the
date time & notified. The bidder shall have freedom to witness opening of the Envelope 'C'.

5.4.6. After opening Envelope 'C' the Financial proposal shall be checked for responsiveness. A
Financial Proposal shall be responsive if it has been submitted in the manner as specified in clause

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3.6. If the financial proposal of a bidder is non-responsive, it shall be declined from the bidding
process.

5.4.7. All the responsive Financial Bids would then be ranked in ascending order of the quoted financial
offer, with the Bidder quoting the lowest financial offer shall be ranked first as “L1” and the
Bidder quoting the second lowest financial offer shall be ranked second as “L2” and so on.

5.5. Successful Bidder

5.5.1. The Bidder ranked first (the “L1”) in accordance with the above procedure would be declared as
the successful Bidder.

5.5.2. In the event that two or more Bidder’s Financial Bids are exactly the same, then the Authority
reserves the right either to:
(i) the L-1 bidder shall be decided either by obtaining spontaneous online bid from all the
bidder who have quoted the same L-1 rate, which of course must be lower than their original
quoted rates
or;
(ii) Take any such measure as may be deemed fit in its sole discretion, including annulment of
the bidding process.

5.5.3. The Authority will notify other Bidders that their Proposals have not been accepted and their EMD
will be returned as promptly as possible as per provision set out in clause 3.4 of this RFP document

5.6. Award of Contract

5.6.1. The Authority shall notify the successful bidder (the “L1”) as determined in clause 5.5 above, by
issuing a 'Letter of Acceptance' (LOA) that his bid has been accepted.

5.6.2. The successful Bidder shall acknowledge his acceptance of the LoA issued by the Authority within
15 (fifteen) days as evidenced by signing and sending a copy of the LoA issued. In the event the
duplicate copy of the LoA duly signed by the Authorized signatory of the Selected Bidder is not
received within the stipulated date, the Authority may, unless it consents to extension of time for
submission thereof, appropriate the EMD of such Bidder on account of failure of the Selected
Bidder to acknowledge the LoA.

5.7. Performance Security

5.7.1. Prior to the signing of the contract agreement, the successful Bidder shall
have to furnish Performance Security to the Authority in the form of bank guarantee (“the
Performance Bank Guarantee” (PBG)) issued by a nationalized / scheduled bank located in India
or a reputable bank located abroad having corresponding bank in India, in the format given in
Form12, for an amount equivalent to 5% of the Contract value. The performance security of a joint
venture shall be in the name of the joint venture (performance Security deposit should be paid
latest GRs of State Government of Maharashtra).

5.7.2. Failure of the successful bidder to comply with the requirements of clause 5.7.1 above, shall
constitute a breach of contract, cause for annulment of the award, forfeiture of the EMD, and any
such other remedy the Authority may take under the contract, and the Authority may resort to
awarding the contract to the next ranked bidder.

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5.8. Signing of Contract Agreement

5.8.1. The successful bidder shall have to furnish the Performance security as directed in clause 5.7
above and sign the contract agreement within 21 days of issue of LoA.

5.8.2. The signing of contract agreement shall be reckoned as intimation to commencement of work. No
separate work order shall be issued by the Authority to the contractor for commencement of work.

5.8.3. In the event of failure of the successful bidder to submit Performance Security and or sign the
Contract Agreement, his EMD shall stand forfeited without prejudice to the right of the Authority
for taking action against the bidder.

5.9. Fraud and Corrupt Practices

5.9.1. The Bidders and their respective officers, employees, agents and advisers shall observe the highest
standard of ethics during the Bidding Process and subsequent to the issue of the LoA and during
the subsistence of the Contract Agreement. Not with standing anything to the contrary contained
herein, or in the LoA or the Contract Agreement, the Authority shall reject a Bid, withdraw the
LoA, or terminate the Contract Agreement, as the case may be, without being liable in any manner
whatsoever to the Bidder or Contractor, as the case may be, if it determines that the Bidder or
Contract, as the case may be, has, directly or indirectly or through an agent, engaged in corrupt
practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice in the
Bidding Process. In such an event, the Authority shall forfeit and appropriate the EMD or
Performance Security, as the case may be, is found by the Authority to have directly or indirectly
or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practices, as the case may be.

5.9.2. For the purposes of Clause 5.9.1, the following terms shall have the meaning hereinafter
respectively assigned to them:

(i) Corrupt Practice means (i) the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence the actions of any person connected with the
Bidding Process (for avoidance of doubt, offering of employment to or employing or
engaging in any manner whatsoever, directly or indirectly, any official of the Authority who
is or has been associated in any manner, directly or indirectly with the Bidding Process or the
LoA or has dealt with matters concerning the Contract Agreement or arising there from,
before or after the execution there of, at any time prior to the expiry of one year from the date
such official resigns or retires from or otherwise ceases to be in the service of the Authority,
shall be deemed to constitute influencing the actions of a person connected with the Bidding
Process) ; or (ii) engaging in any manner whatsoever, whether during the Bidding Process or
after the issue of the LoA or after the execution of the Contract Agreement, as the case may
be, any person in respect of any matter relating to the Project or the LoA or the Contract
Agreement, who at any time has been or is a legal, financial or technical adviser of the
Authority in relation to any matter concerning the Project;

(ii) Fraudulent practice means a misrepresentation or omission of facts or suppression of facts


or disclosure of incomplete facts, in order to influence the Bidding Process;

(iii) Coercive practice means impairing or harming or threatening to impair or harm, directly or

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indirectly any person or property to influence any person’s participation or action in the
Bidding Process;

(iv) Undesirable Practice means(i) establishing contact with any person connected with or
employed or engaged by the Authority with the objective of canvassing, lobbying or in any
manner influencing or attempting to influence the Bidding Process; or (ii) having a Conflict
of Interest;
And;
(v) Restrictive practice means forming a cartel or arriving at any understanding or arrangement
among Bidders with the objective of restricting or manipulating a full and fair competition in
the Bidding Process.

6. Scope of Work

The current project intends to undertake the works required for Dumpsite Land Reclamation
through Bio-mining of old Dumped Municipal Solid Waste/Legacy Waste, resource recovery and scientific
disposal of residual solid waste under the Amravati Municipal Corporation, Amravati. The contract shall be
awarded to the successful bidder (“the contractor”) for a period of 12months (Including rainy season)
reckoned from the date of signing of contract agreement or the date of issue of Consent to Establish (CTE)
to the project, whichever is later. The Authority shall appoint an Engineer (the “Engineer-in charge”) for
overall supervision, monitoring and certification of the works executed by the contractor. The brief scope of
work to be carried out by the selected contractor during the execution of the intended project includes, but
not limited to, the following component:

(i) The project information and Site details has been provided in 1.3 of this RFP document.

(ii) The contractor shall carryout Total Station Survey of complete project site (9.35 Ha area) including
area approximately earmarked (6.5 Ha) in which Bio-mining is to be done. Total Station Survey shall
be certified by the Engineer-in-charge and project management consultant. And finalize earmark area
(land under 6.5 Ha out of total 9.35 Ha) of dumped waste at site and provide flow chart of how to
reclaim site. The total station survey shall be done at the time of possession of the site as well as at the
completion of each milestone of physical progress of land reclamation at the site and quantum of
quantity of legacy waste. The survey report shall be submitted along with each running bill and
certified by Engineer-in-charge and Project Management Consultant. The area earmarked by
Authority for Reclamation through Bio-mining shall be considered as 100% land area reclamation on
which old and new legacy waste which is available at said site for the scope of work.
While working reclamation land excavation below depth approximately as below,
• From chainage 60 to 160 m OGL consider below TBL – 1.50M
• From chainage 160 to 320 m OGL consider below TBL – 2.00M
• From chainage 320 to 520 m OGL consider below TBL – 2.20M
• Quantity based on above land reclamation is 4,51,580 Cum.
The contractor shall clean the finalized earmarked area upto the original ground level (OGL) as
shown by Engineer In charge during initial total station survey before commencement of works.

(iii) The Contractor shall carry out baseline environmental survey of the site as per EMP and specification
mentioned in SWM Rules 2016 & CPCB Guidelines legacy waste and provide agreement contractor
with EPR/other similar companies for disposal of RDF material within one month after issue LOI.

(iv) The contractor must provide bar-chart of how he will complete said project within time period.

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(v) The Contractor shall conduct its own due diligence for site investigation, analyzing the
characteristics, composition and quantum of the waste at the Project site.

(vi) Dumpsite reclamation will be done by dividing the site into suitable sectors/loops in consultation of
the Engineer-in-charge based on the priority of land reclamation.

(vii) Usually the top layer has fresh waste, dust and may have several materials in the active biological
state. This layer is to be stabilized through application of Bio-Culture, herbal/biological sanitizers,
inoculants or through any suitable scientific method as proposed by the contractor and accepted by the
Engineer-in-charge. Odor shall be controlled and minimized through application of deodorant or
scientific method.

(viii) Excavating the existing mixed compacted MSW till the OGL (original ground level) as shown by
Engineer In charge in the land portion allocated/earmarked by the Authority and sieving them by
Mechanical sieving machine or any other suitable technology proposed and accepted by the Engineer-
in-charge which help to finish work within stipulated time period.

(ix) The contractor shall deploy sufficient static/ mobile machinery or make planning such as (minimum
with 5 No’s of minimum capacity of 500MT per day) or Quantity bio-mining more than 2400 MT per
day, manpower and required resources to execute the project scope within the project duration and as
per annexure -8. And electric bill of operation of work will paid by contractor at its cost there is no
liability of AMC.

(x) Maintenance and security of machinery and workers at site is contractor responsibility.

(xi) Provision, installation, operation and maintenance of plant, machineries, infrastructure facilities and
amenities for excavation, sieving of the excavated MSW, storing the segregated materials, reuse,
marketing, selling, and transporting them from the project site by the contractor at his own cost.

(xii) Construction of temporary shed, platform and creation of facilities for handling, separating,
segregating, storing and quantifying of the excavated MSW and processing material.

(xiii) Excavating the soil which lost its stability due to MSW dumping with necessary dewatering works in
the portion of the land earmarked at the cost of the Contractor.

(xiv) MSW waste brought for segregation and processing from the earmarked land portion shall be
quantified (in Cubic meter, based on number of vehicles trips and capacity) after excavation and
record of the same shall be maintained by the Contractor and Authority jointly.

(xv) Segregate the excavated MSW in the land portion earmarked into as many kinds and categories as
possible of Useful Material such as compost, soil conditioner, recyclables, raw RDF, filler material
(Soil, C&D) and Un-useful material such as residual Solid Waste.

(xvi) Packing, storing, stacking, selling, diverting for recycling, marketing and recycling of all Useful

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

Material within thirty days of segregation at the cost of the Contractor, without accumulation in the
storage facility at the project site beyond thirty days.

(xvii) Baling, packing, stacking, storing and sale of non-recyclable fraction of high calorific as raw material
to RDF producer/ user or sale to waste to energy or co-processing in cement plants or to thermal
power plants . Contractor shall execute MoU with authorized recycler/ RDF producer/ user or sale to
waste to energy or co-processing in cement plants or to thermal power plants. The copy of MoU shall
be provided to Authority.

(xviii) Stacking, transporting, spreading and compacting the segregated C & D, Soil and Inert as filler
material in low level and depression area within the site or within AMC area specified by authority
and prepare well compacted and clear ground for proposed development at site or disposing such
material in the low level area or quarry area designated by the Authority at the cost of the Contractor
with proper compliance.

(xix) The revenue or the income from the sale of the segregated Useful Material such as reusable and
recyclable, Compost, soil conditioner, raw RDF, C&D, Soil or any other by-product materials shall go
to the contractors account. However, before selling the recovered material the Contractor, at its own
cost, will conduct a lab testing of such materials from an NABL accredited lab, for the parameters as
recommended by the Engineer-in-charge or applicable rules/guidelines, and submit the report of the
same to the Engineer-in-charge. The contractor shall initiate the sale or disposal process of such
material by-products only after the acceptance/approval of the engineer-in-charge.

(xx) The Contractor shall hand over reclaimed land and scientific residual solid waste disposal site to the
Authority in a good and acceptable condition as per SWM Rules 2016 and CPCB rule.

(xxi) The Contractor Shall be responsible for procuring necessary approvals from Component authority.

(xxii) Record of the residual solid waste disposal quantity (in Cubic meter, based on number of vehicles
trips and capacity) shall be maintained by the Contractor and the Authority jointly.

(xxiii) Carrying out the entire project work in accordance with the Detailed Plan of Action and schedule
proposed by Bidder and approved by the Authority at the cost of the Contractor.

(xxiv) Using only covered body vehicles for the transportation of materials at the cost of the Contractor.

(xxv) Apply method, process, equipment and resources which would reduce the impact of dumpsite
reclamation activity in the adjacent areas.

(xxvi) Create facilities and make arrangements for controlling/ mitigating the emission, pollution and
contamination (Environment impact) including air, water and soil including mitigation for of dust,
odor and noise pollution at the cost of the Contractor.

(xxvii) Construction of temporary site office with executive table and chairs, CCTV camera for working
area, water, power, sanitation facilities and accommodation facilities of workers for the Project as per
statutory standards at the cost of the Contractor.

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

(xxviii) Providing security arrangement for the project site, machineries, equipment etc. at its own cost. For
initial six months of the project after signing the agreement, Contractor has to stack daily coming fresh
waste at demarcated site as shown by Engineer In charge and process, treat the same before
completion of the work.

(xxix) Inspection Vehicle :- inspection vehicle for the site office of AMC, Amravati, one number of
INNOVA crysta 2.7G x 75TR Top end Latest model or similar model of the year 2021 diesel version
with AC. This vehicle shall be maintained by the contractor until the issue of completion certificate
for the work. The contractor will provide daily fuel for the vehicle at his own cost. Inspection vehicle
shall be in good condition and model not older than two years. This shall be considered an incidental
to the work and no additional payment whatsoever be made for the same. In case of any failure by the
contractor to do so, an amount of Rs. 2000/- per day of part thereof per vehicles shall be debited to the
contractors account. The inspection vehicles shall be provided within 15 days from the date of work
order. The maximum liability of the contractor on account of usage of vehicle shall be limited to
2000KM per month per vehicle. This provision is on contractor cost.

(xxx) Completing the work within the Contract Period.

7. Payment Schedule

7.1. Payment Mechanism

7.1.1. The Authority will be releasing payment for the work based on the percentage of proposed land (100
100% of the earmarked land by the Authority) to be reclaimed as per the achievement of the
milestone mentioned in the table below:

Milestone Physical Time of Completion Broad Parameters of %release of


Progress (will change based Physical Progress Contract
on quantity/area of Value
legacy waste)
First Mile 10% of the 2 Months 10% of the proposed land to 10%
stone proposed land to be reclaimed with
Be reclaimed proportionate quantity of
dump legacy waste in cum.
Second 15% of the 2 Months Cumulative 20% of the 15%
Milestone proposed land to proposed land to be
Be reclaimed reclaimed with
proportionate quantity of
dump legacy waste in cum.
Third 15% of the 2 Months Cumulative 40% of the 15%
Milestone proposed land to proposed land to be
Be reclaimed reclaimed with
proportionate quantity of
dump legacy waste in cum.
Fourth 20% of the 2 Months Cumulative 60% of the 20%
Milestone proposed land to proposed land to be
Be reclaimed reclaimed with

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

Milestone Physical Time of Completion Broad Parameters of %release of


Progress (will change based Physical Progress Contract
on quantity/area of Value
legacy waste)
proportionate quantity of
dump legacy waste in cum.
Fifth 20% of the 2 Months Cumulative 80% of the 20%
Milestone proposed land to proposed land to be
Be reclaimed reclaimed with
proportionate quantity of
dump legacy waste in cum.
Sixth 20% of the 2 Months Cumulative 100% of the 20%
Milestone proposed land to proposed land to be
Be reclaimed reclaimed with
proportionate quantity of
dump legacy waste in cum.

Note –The land reclaimed should have the proportionate/equivalent or work quantity in cum at each
stage of payment. Otherwise payment will be restricted to the excavated quantity.

(Processing fee payment Interval= 10%, 15%, 15%, 20%, 20% & 20% respectively based on
Physical progress as per clause 7.1.1 minus liquidated damage as per clause 7.2 and penalty for
non-compliance as per clause 7.3)

7.1.2. The Contractor shall, on completion of the particular Milestone of the work, before the 20th
(twentieth) day of the Month or in case the 20th (twentieth) day of a Month is a holiday then on the
following working day of such Month, submit to the Authority a statement (“the Running Bill”)
providing the following details:
(i) Amount of Processing Fee for the completed milestone calculated in accordance with
Clause 7.1.1
(ii) Items of Work Completed at site including photographic evidence of the same.
(iii) Certificate from the Engineer-in-charge certifying the work done and milestone achieved.
(iv) Details of the employment of Man-hours, Machinery and equipment utilized to achieve the
physical progress of that Milestone.

7.1.3. The Authority shall not pay interest on the bill amount, if delay occurs in the release of the
payment, for any reason whatsoever.
7.2. Liquidated Damage

7.2.1. In case the work is not completed within the stipulated period of completion of whole or part of
work (achievement of milestones specified by authority) along with all such extensions which are
granted to the Contractor for either Authority's default or Force Majeure, the compensation shall be
levied on the contractor at the rate of 0.05% of the contract amount per day of delay limited to
maximum of 10% of contract amount.

7.2.2. The Authority will deduct the liquidated damages from payments due to the Contractor.

7.2.3. If the liquidated damage attains to a maximum of 10% of the contract amount the authority may:
(i) Terminate the contract agreement and forfeit the EMD and the Performance Security.
(ii) Retain the contractor on depositing the amount equivalent to the such liquidity damage of
10% of the contract amount. However, the retention of the contractor on such ground shall
not free him from his liabilities for completion of the work or any future imposition of
liquidity damages.

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

7.2.4. The decision of the Authority in this regard shall be final and binding upon both the parties.

7.3. Penalty for Non-Compliance

Sr. No. Penalty Description Penalty Amount


Non-Compliance to, SWM Rules 2016 and Rs. 1000/- per Incidence per day till the
1.
other Environmental Standards notified by compliance of the failure in addition to the
regulatory authorities or as specified in the Penalties/ Actions imposed by various authorities.
Contract.
Non provision of Rs. 500/- per item per day
2.
1. Site Facilities as per specifications
Non-compliance of Safety Standards, use of Rs.5000/- per Incidence per day till the
3.
Personal Protective Equipment by the compliance of the failure in addition to the
workers Penalties/ Actions imposed by various authorities.
Non-compliance of deployment of Rs. 1000/- per day till the compliance of the
4.
machinery for said work as mention above. failure in addition to the Penalties/ Actions
imposed by various authorities.

8. Miscellaneous
The Bidding Process shall be governed by, and construed in accordance with, the laws of India
and the Courts at AMRAVATI (M.S) shall have exclusive jurisdiction over all disputes arising under,
pursuant to and/ or in connection with the Bidding Process. The AUTHORITY, in its sole discretion
and without incurring any obligation or liability, reserves the right, at any time, to:
(i) Suspend and/or cancel the Bidding Process and/ or amend and/ or supplement the Bidding
Process or modify the dates or other terms and conditions relating thereto;
(ii) Consult with any Bidder in order to receive clarification or further information including
justification of financial bid submitted;
(iii) Retain any information and/ or evidence submitted to the AUTHORITY by, on behalf of, and/or
in relation to any Bidder; and/ or
(iv) Independently verify, disqualify, reject and/ or accept any and all submissions or other
information and/ or evidence submitted by or on behalf of any Bidder.
(v) It shall be deemed that by submitting the Bid, the Bidder agrees and releases the Authority, it
employees, agents and advisers, irrevocably, unconditionally, fully and finally from any and all
liability for claims, losses, damages, costs, expenses or liabilities in any way related to or
arising from the exercise of any rights and/ or performance of any obligations hereunder,
pursuant hereto and/ or in connection herewith and waives any and all rights and/ or claims it
may have in this respect, whether actual or contingent, whether present or future.

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

9. Schedule ‘B’

RATE as
MJP,
Sr AMOUNT
REF. DESCRIPTION OF ITEM QTY. UNIT Amravati
No. (in Rs.)
region per
Cum
MJP/SE Bio-mining old Dumped waste via
CPDM/S Cutting, Dozing, Spreading,
WM/383 Spraying, Screening, and
/18/DT0 TRANSPORTATION AND
9-07- CARRIAGE OF MATERIALS of
2018 Municipal Solid waste as well as
natural ground with the help of
Dozer or any other suitable
machinery/equipment for
reclamation of land and
Compacting the M.S.W/soil with 451580.00
420.00
the help of Dozer itself up to (6.5
1 Cum Rs. Four 18,96,63,600/-
required line & level. Excess of ha.earmark
twenty rupees
waste such as manure/inert/RDF land)
will be shifted within the plot as per
instruction given by Engineer-In-
Charge and SWM rule 2016. The
newly filled area must also be
compacted with the dozer up to
required compaction etc. complete
as directed by Engineer- in-
Charge. And approximate earmark
land on which legacy waste is about
6.5 Ha.
GRAND TOTAL in Rs. 18,96,63,600/-

(In word – Eighteen Crore Ninety Six Lakh Sixty Three Thousand Six Hundred only)

I am ready to execute the above work at the rate given below: -

(In words and in figures……………………………………………………Above/ Below the


estimated rate)

Assistant Engineer Dy. Engineer City Engineer MOH(Sanitation)


A.M.C. A.M.C. A.M.C. A.M.C.

Signature of Contractor

Seal

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

Forms for Technical Bid Submission

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

Form 1: Letter Comprising the Bid cum undertaking


(On Non-Judicial Stamp of Rs.500)

Date:

To,

THE COMMISSIONER,
_______________________________
_______________________________,
_______________________________,
______________________________,

Dear Sir,

Sub: RFP Reference No. ______________dated________for Selection of Contractor to execute


the work of Bio-mining of old dump site at Sukali Compost Depot, Amravati.

With reference to your RFP document dated……………., I/we, have examined the Bidding Documents
and understood their contents, hereby submit my/our Bid for the aforesaid Project “Selection
of Contractor for execute the work of Bio-mining of old dump site, Sukali Compost Depot,
AMRAVATI” and state as under:

1. The Bid is unconditional and unqualified.

2. All information provided in the Bid and in the Appendices is true and correct.

3. This statement is made for the express purpose of qualifying as a Bidder for the Project as explained
in this RFP document.

4. I/We shall make available to the Authority for any additional information it may find necessary or
require to supplement or authenticate the Bid.

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

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

7. I/We declare that:


a. I/We have examined and have no reservations to the Bidding Documents, including any
Addendum issued by the Authority.

b. I/We do not have any conflict of interest in accordance with Clauses 2 . 1 0 of the RFP
document.

c. I/We have not directly or indirectly or through an agent engaged or indulged in any corrupt

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice, as


defined in the RFP document, in respect of any tender or request for proposal issued by or any
agreement entered into with the Authority or any other public sector enterprise or any
government, Centre or State; and

d. I/We here by certify that we have taken steps to ensure that in conformity with the provisions of
Clause 5.9 of the RFP, no person acting for us or on our behalf has engaged or will engage in
any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive
practice.

8. I/ We understand that you may cancel the Bidding Process at any time and that you are neither bound
to accept any Bid that you may receive nor to invite the Bidders to Bid for the Project, without
incurring any liability to Bidders

9. I/We believe that we/ our consortium/proposed consortium satisfy (ies) the pre-qualifying criteria and
meet(s) the requirements as specified in the RFP document and am/are qualified to submit this Bid.

10. I/We declare that we/any Member of the Consortium am/are not a Member of any other Consortium
submitting a Bid for the Project.

11. I/We certify that we have not been convicted by a Court of Law or indicted or adverse orders passed
by a regulatory authority which could cast a doubt on our ability to undertake the Project or which
relates to a grave offence that out rages the moral sense of the community.

12. I/ We further certify that in regard to matters relating to security and integrity of the country, we have
not been charge-sheeted by any agency of the Government or convicted by a Court of Law for any
offence committed by us or by any of our Associates.

13. I/We undertake that in case due to any change in facts or circumstances during the Bidding Process,
we are attracted by the provisions of disqualification in terms of the guidelines referred to above, we
shall intimate the Authority of the same immediately.

14. We acknowledge that our Consortium/ proposed Consortium shall bear the following composition:
a Lead Member: M/s…………………………………………….
b Technical member: M/s……………………………….
And we further undertake that above consortium composition shall be maintained till the end of this
contract period or extension thereof. We further acknowledge that the lead member takes the full
responsibility towards execution of the project and the terms and condition laid down in the contract
agreement. (Individual Bidder to strike out this point).

15. I/We here by irrevocably waive any right which we may have at any stage at law or howsoever
otherwise arising to challenge or question any decision taken by the Authority in connection with the
selection of the Bidder, or in connection with the Bidding Process itself, in respect of the above
mentioned Project and the terms and implementation thereof.

16. In the event of my/our being declared as the Selected Bidder, I/We agree to enter into a Contract
Agreement in accordance with the draft that has been provided to me/us prior to the Bid Due Date.
We agree not to seek any changes in the afore said draft and agree to a bid by the same.

17. I/We have studied all the Bidding Documents carefully and also surveyed the project area. We
understand that except to the extent as expressly set for thin the Contract Agreement, we shall have
no claim, right or title arising out of any documents or information provided to us by the Authority or

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

in respect of any matter arising out of or concerning or relating to the Bidding Process including the
award of Contract.

18. The Financial Bid has been quoted by me/us after taking into consideration all the terms and
conditions stated in the RFP and draft Contract Agreement, our own estimates of costs and careful
assessment of the site and all the prevailing and expected conditions that may affect the Bid.

19. I/We offer to the Authority a Bid Document Fees of INR ----------- (INR --------------------------) and
EMD of INR-----------------) submitted online through the website “www.mahatender.gov.in”as
specified in this RFP document.

20. I/We agree and understand that the Bid is subject to the provisions of the Bidding Documents. In no
case, I/We shall have any claim or right of whatsoever nature if the Project/ Contract is not awarded to
me/us or our Bid is not opened.

21. I/We hereby submit our Bid in the form as specified in the RFP document for undertaking the
aforesaid Project in accordance with the Bidding Documents and the Contract Agreement.

22. I/We agree to keep this offer valid for 180 (One Hundred Eighty) days from the Due Date of online
Bid submission as specified in the RFP document or any other such duration as directed by the
Authority.

23. I/We agree and undertake to abide by all the terms and conditions of the RFP document. In witness
thereof, I/we submit this Bid under and in accordance with the terms of the RFP document.

24. I/we have received all the clarifications issued by the Authority.

25. I/we will abide by the terms and condition set forth in the RFP document, condition of contract and
draft Contract agreement and a copy of the same bearing initial of the undersign on every page is
attached herewith.

26. Notwithstanding any qualification or conditions, whether implied or otherwise, contained in our
Proposal we hereby represent and confirm that our Proposal is unqualified and unconditional in all
respects.

Yours faithfully,

Date:
(Signature of the Authorized signatory)

Place:
(Name and designation of the Authorized signatory)

Name and Seal of Bidder/Lead Firm

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

Form 2: Format for Description of Bidder

Details
Individual Lead Member of Technical
S.No. Particulars Bidder Consortium Member of
Company Consortium
(1) (2) (3)
1. Name of the Bidding company

2. Date of incorporation and /or


Commencement of Business

3. Brief description of the Bidder's main


line of business

4. Details of individual (s) who will


serve as the point of contact/
communication for Authority with the
Bidder:
a. Name
b. Designation
c. Company/Firm
d. Address:
e. Mobile Number
f. Email Address
g. Fax Number
5. Details of Authorized Signatory of
Bidder
a. Name

b. Designation

c. Company/Firm

d. Address:
e. Mobile Number
f. Email Address
g. Fax Number

Note:
Column ‘1’ to be filled by the Individual Bidder and Column ‘2’ & ‘3’ to be filled by the respective
members of the consortium

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

Form 3: Power of Attorney for Signing of Bid

Know all men by these presents, we, _________________________(name of the firm and address of the registered
office) do hereby irrevocably constitute, nominate, appoint and authorize Mr./ Ms.
_____________________(Name), son/daughter/wife of ___________________ and presently residing at
________________who is presently employed with us/ the Lead Member of our Consortium and holding the
position of _________________, as our true and lawful attorney ( hereinafter referred to as the “Attorney”) to do in
our name and our behalf , all such acts, deeds and things as are necessary or required in connection with or
incidental to submission of our bid for the [Scientific Dumpsite Land Reclamation through Bio-mining, Resource
Recovery and Scientific Rejects Disposal, Sukali Compost Depot, Amravati.]Project proposed or being developed by
the Amravati Municipal Corporation (the “AUTHORITY”) including but not limited to signing and submission of all
applications, bids and other documents and writings, participate in bidders' and other meetings and providing
information/ responses to the AUTHORITY, representing us in all matters before the AUTHORITY, signing and
execution of all contracts including the Contract Agreement and undertaking consequent to acceptance of our bid, and
generally dealing with the AUTHORITY in all matters in connection with or relating to or arising out of our bid for the
said Project and/ or upon award thereof to us and/ or till the entering into of the Contract Agreement with the
AUTHORITY.

AND we here by agree to ratify and confirm and do here by ratify and confirm all acts, deeds and things law
fully done or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by
this Power of Attorney and that all acts, deeds and things done by our said Attorney in exercise of the power
shear by conferred shall and shall always be deemed to have been done by us.

IN WITNESS WHERE OF WE, _, THE ABOVE NAME DPR IN CIPAL


HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS DAY OF ,
2018.

For
(Signature)

(Name, Title and Address)

Witnesses:

Accepted [Notarized]

(Signature)

(Name, Title and Address of the Attorney)


Notes:

The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid down by the applicable
law and the charter documents of the executant(s) and when it is so required, the same should be under common seal affixed in
accordance with the required procedure.

Also, wherever required, the Bidder should submit for verification the extract of the charter documents and documents such as a
resolution/power of attorney in favor of the person executing this Power of Attorney for the delegation of power here under on
behalf of the Bidder.

To be executed on aStampPaperofRs.100/-,duly notarized.

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

Form 4: Power of Attorney for Lead Member of Consortium

Whereas the ______________________________ has invited bids for the Project titled [Project Name]
(“the Project”).

Whereas, M/S _________________ and M/S _________________(Collectively “the Consortium”)


Members of the Consortium are interested in bidding for the Project in accordance with the terms and
conditions of the Request for Proposal(RFP) and other connected documents in respect of the Project, and

Whereas, it is necessary for the Members of the Consortium to designate one of them as the Lead Member
with all necessary power and authority to do for and on behalf of the Consortium, all acts, deeds and
things as may be necessary in connection with the Consortium’s bid for the Project and its execution.

NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS

We, M/S___________________having our registered office at ______________________ and,


M/s._____________ __________, having our registered office at_______________, [the respective
names and addresses of the Consortium members] (Collectively referred to as Consortium), constitute,
appoint and authorize M/s___________, having its registered office at______________, being one of the
Members of the Consortium, as the Lead Member and true and lawful attorney of the Consortium (herein
after referred to as “Attorney”) and hereby irrevocably authorize the Attorney(with power to sub-
delegate) to conduct all business for and on behalf of the Consortium and any one of us during the
bidding process and, in the event the Consortium is awarded the Contract, during the execution of the
Project, and in this regard, to do on our behalf and on behalf of the Consortium, all or any of such acts,
deeds or things as are necessary or required or incidental to the submission of its bid for the Project,
including but not limited to signing and submission of all applications, bids and other documents and
writings, participate in bidders and other meetings, respond to queries, submit information/ documents,
sign and execute contracts and undertakings consequent to acceptance of the bid of the Consortium and
generally to represent the Consortium in all its dealings with the Authority, and/ or any other
Government Agency or any person, in all matters in connection with or relating to or arising out of the
consortium’s bid for the Project and/or upon award thereof till the Contract Agreement is entered into
with the Authority. AND here by agree to ratify and confirm and do here by ratify and confirm all acts,
deeds and things lawfully done or caused to be done by our said Attorney pursuant to and in exercise of the
powers conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney in
exercise of the powers here by conferred shall and shall always be deemed to have been done by us/
Consortium.
IN WITNESS WHERE OF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED THIS POWER
OF ATTORNEY ON THIS_______________DAY OF________________. For __________

(Name & Title)

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

For

(Name & Title)

For

(Executants)

(To be executed by all the Members of the Consortium)

Witnesses:

1.

2.

Notes:

• The mode of execution of the Power of Attorney should be in accordance with the procedure, if any,
laid down by the applicable law and the charter documents of the executants (s) and when it is so
required, the same should be under common seal affixed in accordance with the required
procedure.

• Also, wherever required, the Bidder should submit for verification the extract of the charter
documents and documents such as are solution/ power of attorney in favor of the person executing
this Power of Attorney for the delegation of power here under on behalf of the Bidder.

• To be executed on a Stamp Paper of Rs.500/-duly notarized.

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

Form 5: Format for Consortium/Joint Venture Agreement

PERFORMA FOR CONSORTIUM/JOINT VENTURE AGREEMENT BETWEEN M/s_______ and


M/s____________In mention for Bid No. _____________of___________ for the work of
______________________________________________
The Joint Venture Agreement executed on this day of between M/S _______a
company underthe Laws of Company Act, 1956 and having its registered office
at__________________and Corporate Office at (herein after called the LEAD PARTNER, which
expression shall include its successors, Executers and permitted Assigns)AND M/s__________a company
having its registered office at(herein after called as TECHNICAL PARTNER, which expression shall
include its successors, Executors and permitted Assigns)for the purpose of making a Bid and entering into
a contract (in case of award) for "____________________________
Works for" Tender No. of ________________, _______________ (herein after called as the Authority).

WHEREAS, the Authority Invited Bids as per above mentioned tender Document for the "____________
"
WHEREAS in accordance with Instruction to Bidders of the Tender Specification. A Bidder may be a
private entity or a government-owned entity or any combination of such entities with the intent to enter
into an agreement supported by a letter of intent or under an agreement in the form of a consortium or
Joint Venture

NOW THIS INDENTURE WITNESSETH AS UNDER

In consideration of the above premises and agreements all the partners to this Consortium/Joint Venture
do hereby now agree as follows:

1. In consideration of the award of the Contract by the Authority to the Consortium/Joint Venture
partners, we, the Partners to the Consortium/Joint Venture Agreement do hereby agree that
M/s_________________ shall act as LEAD PARTNER who is a technically valid and further
declare and confirm that we shall jointly be bound unto the Authority for the successful
performance of the Contract and shall be fully responsible for the works in terms of quality
requirements and timeliness in performance in accordance with the Contract. Irrespective of Joint
responsibility, it is expressly understood that LEAD PARTNER will be present at the site of the
works, through its authorized representative at all times and play lead role in mobilizing resources
and execution of the contract. The LEAD PARTNER will incur liabilities and receive instructions
for and on behalf of any or all partners of the Consortium/Joint Venture and entire execution of the
contract shall be done by the LEAD PARTNER and will be the sole responsibility of the lead
partner of the consortium and payment under the contract shall be received by the LEAD
PARTNER. The precise responsibility of the members of the Joint Venture in respect of planning,
quality, execution of the works is as under (Provide Roles of Each Member of Consortium/Joint
Venture):
LEAD PARTNER:

TECHNICAL PARTNER:

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

If in the determination of the Authority that the LEAD PARTNER is unable to fulfill its
responsibility as above, the Authority shall be at liberty to terminate the contract which shall be
binding on all partners of the Joint Venture.

2. In case of any breach of the said Contract by the LEAD PARTNER or Technical Partners of the
Consortium/Joint Venture Agreement, the Partner(s) do hereby agree to be fully responsible for the
successful performance of the Contract and to carry out all the obligations and responsibilities
under the Contract in accordance with the requirements of the Contract.

3. Further, if the Authority suffers any loss or damage on account of any breach in the Contract or any
shortfall in meeting the performance guaranteed as per the works Contract, the Partner(s) of these
presents undertake to promptly make good such loss or damages caused to the Authority, on its
demands without any demur. It shall not be necessary or obligatory for the Authority to proceed
against LEAD PARTNER to these presents before proceeding against or dealing with other
Partner(s).

4. The financial liability of the Partners of this Consortium/Joint Venture agreement to the Authority,
with respect to any of the claims arising out of the performance or non-performance of the
obligations set forth in the said Consortium/Joint Venture Agreement, read in conjunction with the
relevant conditions of the Contract shall, however, not be limited in any way so as to restrict or
limit the liabilities of any of the Partners of the Joint Venture agreement.

5. It is expressly understood and agreed between the Partners to this Consortium/Joint Venture
agreement that the responsibilities and obligations of each of the Partners has been delineated in
clause no. 1 herein above to this agreement. It is further agreed by the Partners that the above
sharing of responsibilities and obligations shall not in any way be a limitation of joint
responsibilities of the Partners under this Contract.

6. This Consortium/Joint Venture Agreement shall be construed and interpreted in accordance with
the laws of India, courts of _______________, Maharashtra shall have the exclusive jurisdiction in
all matters arising there under.

7. It is further agreed that the Consortium/Joint Venture agreement shall be irrevocable and shall form
an integral part of the contract, and shall continue to be enforceable till the Authority discharges the
same. It shall be effective from the date first mentioned above for all purposes and intents.

IN WITNESS WHEREOF, the Partners to the Consortium/Joint Venture Agreement have through
their Authorized Representatives executed these presents and affixed Common Seals of their
companies, on the day, month and year first mentioned above.

[Name, Signature of all Joint Venture Partners]

[Name and Signature of Witnesses]

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

Form 6: Form for Financial Pre-Qualification

A. Turnover
Annual Turnover
Financial Year
(in INR)
Year1
Year2
Year3
Average Turnover

B. Net Worth as on year1 (Financial Year preceding to Due date of Bidding):INR ________

Note:

1. The financial year shall mean the period commencing from April 1 of any given year to
March 31 of the succeeding year.

2. The Bidder shall provide the Audited Annual Financial Statements of the corresponding years.
Failure to do so would result in the Proposal being considered as non-responsive. In case the
annual accounts for the latest financial year are not audited and therefore cannot make it
available, the applicant shall give an undertaking, to this effect and the statutory auditor shall
certify the same. In such case, the applicant shall provide the audited annual reports for five
years proceeding the year for which audited annual report is not being provided.

3. A certificate from Statutory Auditor should be provided as supporting document certifying the
Financial Pre-Qualification.

(Signature of the Authorized signatory)

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

Form 7: Format for Banker’s Certificate

To,
The Commissioner,
________________________
________________________
________________________
________________________

Dear Sir/Madam,

Ref: Request for Proposal issued by the ____________________ dated_________

Sub: RFP Reference No. ______________dated________for Selection of Contractor to


_____________________________ (Name of Work)

This is to certify that M/s. _____________________ * is a reputed company with a good financial
standing. If the contract for this work _______________ (Name of Work), is awarded to the above firm,
we shall be able to provide overdraft/credit facilities to the extent of Rs. …………… to meet the working
capital requirements for executing the above contract

Sd./
Senior Bank Manager
Name of Bank
Address
Contact No.

*
Change the text as follows for Joint venture:

This is to certify that M/s (Name of Lead Member) who has formed a Consortium/Joint Venture with
M/s__________________ (Name of Technical Member) is a reputed company with a good financial
standing. If the contract for this work to ___________________ (Name of Work), is awarded to the above
firm, we shall be able to provide overdraft/credit facilities to the extent of Rs. …………… to meet the
working capital requirements for executing the above contract
Sd./
Senior Bank Manager
Name of Bank
Address
Contact No.

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

Form 8: Format for summary of Technical Pre-Qualification


(List only those works, which are similar to the proposed works for which the Qualification Information is
submitted)

A. Summary Table
Name of Applicant/Member of Consortium (in case of consortium) Claiming the Project Experience:
___________________

S. Brief Project Project Award Date Project Project Cost Claiming


No. Description (Only those Project(s)awarded in preceding 7 years ending Completion in INR (Cr) Entity’s Share
last day of month previous to the one in whichbids invited Date/ A in the Project
shall be considered expected (%)
completion
date

B. Average Project Project (As per column ‘A’) of eligible projects handled (as mentioned in summary
table above is _____________ (INR)

1. The details of each of the works mentioned in the above table must be provided separately in Form
8 (A).
2. Use a separate sheet for each member in case of a consortium.
3. Provide attested copies of Work Orders and Completion Certificates for each project. Work
orders/ testimonials will be verified if required.
4. Each certificate of experience will be duly signed/ confirmed by a representative of the client.
5.

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

Form 8 (A) : Details of Projects eligible for Technical Pre-Qualification


(Provide Details for Only those Projects listed in Form 8, use separate sheet for each project)

Name of Applicant/Member of Consortium (In case of Consortium) Claiming the Project


Experience : ___________________________
1. Name of Project
2. Location of Project
3. Name of the Client
4. Client’s Address & Telephone Number, Fax Number and e mail ID of contact person
5. Project Cost (in INR Cr)
6. Nature of works and special features relevant to this project.
(Details pertinent to the Technical Criteria of this RFP shall be submitted)
7. Contract role (check one)
1. Sole Contractor 2. Consortium/Joint Venture 3. Sub-Contractor
8. a) Project Capacity:
b) Your Company’s share in the Project (%):
9. Date of Award
10. Contract duration _____ years_____ Months
11. Date of Completion
12. Whether Completed in specified duration, If No, reason for delay
13. Specified requirements
14. Name and professional qualifications of applicant’s Engineer-in-Charge of the work:
15. Were there any penalties/fines/stop-notice/compensation/liquidated damages imposed? (Yes or No).
If yes, give amount and explanation.

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

Form 9: Format for Submitting Dumpsite Reclamation and Gas/ Leachate Management Plan

The Bidder will submit a Dumpsite Reclamation, Gas and Leachate Management Plan covering the
following topic:

1. Dumpsite land reclamation: Present the proposed Site layout development, land reclamation sequence
on layout drawing, general arrangement of machineries, screening, sorting, storing, packing areas.
2. Excavation, Screening & Resource Recovery: Indicate number, type and capacity of
equipment’s/machinery to be deployed for the purpose of excavation, segregating, sorting, retrieving
recoverable materials, storing, baling, packing, selling, provide the basis for deciding the number and
justify the time period estimated for the activity and operation and maintenance details.
3. Bio-mining of un-processed municipal solid waste: Specify the proposed method in detailed, quantity
of resources required, provide the basis for deciding the quantity of resources, number and justify the
time period estimated for the activity and operation and maintenance details.
4. Development of facility for Scientific disposal of residual Solid Waste: Detail the proposed method
and quality control protocol for laying various landfill liner layers, quantities of materials, equipment/
machinery proposed to be deployed and justification of the proposed to facility and scientific rejects
disposal/ backfill in facility operation and maintenance details.
5. Leachate collection, treatment system and surface water drainage works: Present leachate collection
system and surface water drainage system including the alignment, treatment, disposal locations and
invert levels

All of the above should be suitably supported with the engineering drawings, manpower requirement,
fuel/ power requirement and explanation of estimated time schedule.

Based on the above work requirement, the Bidder will provide details of plant, machinery
and equipment proposed to be deployed in the works in the format 9(A)

The Bidder shall also provide a list of key personnel proposed to be deployed for the work with their
curriculum mention in the Format Provided in Form 9 (B)

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

Form 9 (A): Format for Providing Details of Machinery to be deployed for the Project

Name of the bidding company/Consortium members’ company owning the


Machinery/Equipment_________________________

Item of Number and Ownership Status Age and Remarks


Equipment Capacity Owned/ Leased/ Number Condition Regarding
Including to be Procured & Capacity Condition/Source/
Make Availability

Note:

1. List only the key equipment for construction, standby power, material handling and vehicles for
site, etc., which the Company proposes to use for the proposed works at the site.

2. The applicant should clearly demonstrate that he has access to all key equipment which will be
required for the successful completion of the works.

Form 9 (B): Details of Key Personnel to be deployed for the Project


(Use separate Sheet for each key personnel)

Name of Bidder Company/Consortium


members’ company (in case of
consortium):
Proposed Position
Key Personnel Information 1. Name
2. Date of Birth
3. Contact Number
4. Professional Qualification
5. Current Designation
6. Years With Present Employer
Experience Summary Relevant to this
Project

Professional Experience over the last From To Company/Project/Position/Relevant Technical


10 Years (in chronological order) and Management
Experience

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

Form 10: Format for Providing Environment, Health and Safety Management Plan

The Bidder shall furnish a brief write-up of the following points:

1. Plan for Mitigation of Pollution during Project Execution work

2. Measures to manage hazardous waste if any during the project execution

3. Plan for Health and safety in and around the workplace to be followed during project execution

4. Emergency preparedness plan

5. Measures for Fire safety.

6. Measures for Health and safety of workers.

7. Envoi mental clearance from authorizes authority.

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

Form 11: Format for Letter of Acceptance (LoA)

LETTER OF ACCEPTANCE (LOA)


(On the Letter Head of the Authority)
Date:
M/s. __________________________
(Name and address of the contractor)
Subject: __________________________________________
(Name of the work as appearing in the bid for the work)

Dear Sir (s)/ Madam(s),

Your bid for the work mentioned above has been accepted on behalf of the (Name of Authority), at your
bided offer as per scope of work given therein. You are requested to submit within 21 (Twenty-One) days
from the date of issue of this letter:

(i) The performance security/performance guarantee of Rs. ___________________ (in figures) Rupees
____________________________________________ (in words only). The performance security
shall be in the form of bank guarantee of any nationalized / schedule commercial bank.

(ii) Sign the Contract Agreement.

Please note that the time allowed for carrying out the work as entered in the bid is 6 months including rainy
season, shall be reckoned from the date of signing the contract agreement or issuance of Consent to
Establish to the project whichever is later.

Signing the contract agreement shall be reckoned as intimation to commencement of work and no separate
letter for commencement of work is required. Therefore, after signing of the agreement, you are directed to
contact Authority/Engineer-in-charge for taking the possession of site and necessary instructions to start
the work.

Yours faithfully,

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

Form 12: Format for Performance Bank Guarantee


To:
____________________________ [the Authority] _________________________________________
[address of the Authority] WHEREAS _________________________ [name and address of
Contractor](hereinafter called "the Contractor") has undertaken, in pursuance of Contract No. _____dated
________________ to execute __________________________ [name of Contract and brief description of
Works] (hereinafter called "the Contract");
AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish you
with a Bank Guarantee by a recognized bank for the sum specified there in as security for compliance with
his obligations in accordance with the Contract; AND WHEREAS we have agreed to give the Contractor
such a Bank Guarantee;

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on behalf of the
Contractor, up to a total of ____________________ [amount of guarantee]
___________________________ [in words], such sum being payable in the types and proportions of
currencies in which the Contract Price is payable, and we 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 your needing to prove or to show grounds or reasons for your
demand for the sum specified there in. We hereby waive the necessity of your demanding the said debt
from the Contractor before presenting us with the demand. We further agree that no change or addition to
or other modification of the terms of the Contract or of the Works to be performed there under or of any of
the Contract documents which may be made between you and the Contractor shall in any way release us
from any liability under this guarantee, and we hereby waive notice of any such change, addition or
modification. This guarantee shall be valid until ……… (date of Validity as per the Bid Document)

Signature and seal of the guarantor _____________________________


Name of Bank ____________________________________________
Address ____________________________________________
Date ____________________________________________

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

Form 13: Format for Retention Security Deposit Bank Guarantee (SBG)

To: ______________________________________________ [the


Authority]_________________________________________ [address of the Authority]WHEREAS
_________________________ [name and address of Contractor](hereinafter called "the Contractor") has
undertaken, in pursuance of Contract No. _____dated ________________ to execute
__________________________ [name of Contract and brief description of Works] (hereinafter called "the
Contract");

AND WHEREAS it has been stipulated by you in the said Contract Clause No. 7.2 that the Contractor
shall furnish you with a Security Bank Guarantee (SBG) by a recognized bank for the sum specified there
in as security for compliance with his obligations in accordance with the Contract;

AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee;

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on behalf of the
Contractor, up to a total of ____________________ [amount of guarantee]
___________________________ [in words], such sum being payable in the types and proportions of
currencies in which the Contract Price is payable, and we 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 your needing to prove or to show grounds or reasons for your
demand for the sum specified there in. We hereby waive the necessity of your demanding the said debt
from the Contractor before presenting us with the demand. We further agree that no change or addition to
or other modification of the terms of the Contract or of the Works to be performed there under or of any of
the Contract documents which may be made between you and the Contractor shall in any way release us
from any liability under this guarantee, and we hereby waive notice of any such change, addition or
modification.
This guarantee shall be valid until __________days (Validity Period as per sub-Clause 7.2.4)

Signature and seal of the guarantor _____________________________


Name of Bank ____________________________________________
Address ____________________________________________
Date ____________________________________________

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

Forms for Financial Bid Submission

Form for Financial Bid Submission as per Online BOQ Format on www.mahatenders.gov.in.

To be filled and submitted online portal only on www.mahatenders.gov.in.

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

Appendices

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

Appendix-1

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

Appendix-2

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

Appendix - 3

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

Appendix - 4

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

Appendix - 5

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

Appendix- 6

Plant and machineries to be used by contractor for conducting bio-remeditation and bio-mining of legacy
waste.
1. Excavators (Mechanical/hydraulic) for formation of hips/trenches
2. Bio-culture (appropriate) for spraying over legacy waste
3. Pipe spray provision or any other appropriate provision for spraying bio-culture.
4. Power screens with provision of detailed screen sizes.
5. Trommel screens with sizes 100 mm/80mm, 35 mm, 16 mm, 4 mm or any other standard size as
per guidelines
6. Ballistic separators if required.
7. Plastic segregation machine as required.
8. Shredders and bailing units as required.
9. Tippers and trucks for transportation of RDF, biosolids and inert.
10. Any other appropriate equipment, machinery, vehicles as required to execute the project
successfully and to follow standards, guidelines and norms as given by CPCB, NGT, SWM Rules
2016 and CPHEEO Manual for MSW, 2016

Appendix- 7
Guidelines, Rules to follow while conducting bio-remediation and biomining of legacy waste
1. SWM Rules 2016
2. Plastic Waste Management Rules, 2016 as amended 2018
3. CPHEEO Manual on MSW, 2016
4. Guidelines for disposal of legacy waste (old municipal waste) from CPCB, Feb 2019
5. Guidelines for co-processing of plastic waste in cement kilns, CPCB, May 2017.
6. Any other guidelines as given by department or ministry under GoI, Govt Maharashtra, or
directions as given by Hon’ble NGT

Appendix- 8
Minimum Staff to be deploy on site by contractor

Sr. Staff Quantity Qualification Minimum


No. Experience
01 Civil Engineer 01 B.E ( Civil 5 Years
Engineering)
02 Mechanical Engineer 01 B.E (Mechanical 5 Years
Engineering)
03 Surveyor 01 ITI / DCRE/B.E 5 Years
04 Technician 02 --- 2 Years
05 Peon/ Helper 02 --- --

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

Volume II- Draft Contract Agreement Format

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

Draft Contract Agreement Format

This agreement, made the____________day of 20_____ ,between the Amravati Municipal


Corporation [name and address of the Amravati Municipal Corporation] (Hereinafter called as "the
Authority") of the one-part M/S __________________and[name and address of contractor] (hereinafter
called "the Contractor") of the second part.
Whereas the Authority is desirous that the Contractor execute _______________________ [name
and identification number of Contract] (hereinafter called "the Works") and the Authority has accepted the
Bid by the Contractor for the execution and completion of such Works and the remedying of any defects
there in, at a contract price of INR _______.

NOW THIS AGREEMENT WITNESSETH as follows:

1. In this Agreement, words and expression shall have the same meanings as are respectively assigned to
them in the Conditions of Contract hereinafter referred to, and they shall be deemed to form and be
read and construed as part of this Agreement.

2. In consideration of the payments to be made by the Authority to the Contractor as hereinafter


mentioned, the Contractor hereby covenants with the Authority to execute and complete the Works
and remedy any defects therein in conformity in all aspects with the provisions of the Contract.

3. The Authority hereby covenants to pay the Contractor in consideration of the execution and
completion of the Works and the remedying the defects wherein the Contract Price or such other sum
as may become payable under the provisions of the Contract at the times and in the manner prescribed
by the Contract.

4. The following documents shall be deemed to form and be read and construed as part of this
Agreement, viz.:
i. Letter of Acceptance;
ii. Notice Inviting Bid;
iii. Bid Document issued by the Amravati Municipal Corporation and its subsequent amendments
and corrigendum
iv. Contractor's Bid;
v. Conditions of contract (including Special Conditions of Contract);
vi. Specifications;
vii. Drawings and Site Map;
viii. Any other document listed in the Condition of Contract forming part of the
contract.

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

In witness whereof the parties thereto have caused this Agreement to be executed the day and year first
before written.

The Common Seal of______________________________________________ was here unto affixed in


the presence of:

Signed, Sealed and Delivered by the said

In the presence of:

Binding Signature of Authority

Binding Signature of Contractor (To be signed by the Authorized Signatory of the Bidder)

**************END OF DRAFT CONTRACT AGREEMENT*************

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Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

Volume III- Conditions of Contract

1. Introduction .............................................................................................................................. 12
2. Instruction to Bidder ................................................................................................................. 13
3. Preparation of Bids ................................................................................................................... 19
4. Submission of Bids ................................................................................................................... 21
5. Bid Opening and Evaluation..................................................................................................... 23
6. Scope of Work .......................................................................................................................... 27
7. Payment Schedule..................................................................................................................... 30
8. Miscellaneous ........................................................................................................................... 32
9. Schedule ‘B’ ............................................................................................................................. 33
Forms for Technical Bid Submission .............................................................................................. 34
Forms for Financial Bid Submission ............................................................................................... 55
Appendices ....................................................................................................................................... 56
Volume II- Draft Contract Agreement Format ................................................................................ 65
Volume III- Conditions of Contract ................................................................................................. 68
Conditions of Contract ..................................................................................................................... 70
A. General Conditions of Contract (GCC) .................................................................................... 70
1. Definitions ................................................................................................................................ 70
2. Interpretations ........................................................................................................................... 71
3. Documents Forming Part of Contract:...................................................................................... 71
4. Language and Law.................................................................................................................... 71
5. Communications ....................................................................................................................... 71
6. Engineer's Decisions ................................................................................................................. 72
7. Subcontracting .......................................................................................................................... 72
8. Personnel .................................................................................................................................. 72
9. Force Majeure ........................................................................................................................... 72
10. Contractor's Risks ..................................................................................................................... 73
11. Safety ........................................................................................................................................ 73
12. Liability for Accidents to Person .............................................................................................. 73
13. Contractor to Complete the Works ........................................................................................... 73
14. Discoveries ............................................................................................................................... 74
15. Dispute Resolution System ....................................................................................................... 74
16. Approval by the Engineer ......................................................................................................... 74
17. Time Frame for completion of works ....................................................................................... 74
18. Extension of Time .................................................................................................................... 74
19. Liquidated Damages ................................................................................................................. 75
20. Contract amount ....................................................................................................................... 75
21. Quality Control ......................................................................................................................... 75
22. Termination of Contract ........................................................................................................... 76
23. Payment upon Termination ...................................................................................................... 76

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RFP for The Work of “Scientific Dumpsite Land Reclamation through Bio-mining, Resource Recovery and
Scientific Rejects Disposal at Sukali Compost Depot (Phase - 2)”

24. Performance Security ............................................................................................................... 77


25. Payment of contract Amount .................................................................................................... 77
26. Completion Certificate ............................................................................................................. 77
B. Special Conditions of Contract (SCC)...................................................................................... 77
1. Role of Parties to the Contract .................................................................................................. 77
2. Compliance to Law, Rules and Regulations ............................................................................. 78

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Conditions of Contract

A. General Conditions of Contract (GCC)


1. Definitions
"Authority" means The Commissioner, of the Amravati Municipal Authority who will execute the contract
agreement with the Contractor to carry out the work. The Authority may delegate any or all functions to a
person or body nominated by him for specified functions. The word Authority/Government/Department
wherever used denotes the Authority.
"Completion" means completion of the work, as certified by the Engineer-in-Charge, in accordance with provisions
of agreement.
"Contract" means the Contract between the Authority and the Contractor to execute, complete and/or maintain the
work. Agreement is synonym of Contract and carries the same meaning wherever used.
"Contractor "means a person, or a legal entity whose bid to carry out the work has been accepted by the Authority.
"Contractor's bid" means the completed bid document submitted by the Contractor to the Authority.
"Contract amount" means the amount of contract worked out on the basis of accepted bid.
"Completion of work" means completion of the entire contracted work. Exhaustion of quantity of any particular
item mentioned in the bid document shall not imply completion of work or any component thereof.
"Day" means the calendar day.
"Defect" means any part of the work not completed in accordance with the specifications included in the contract.
"Drawings" means drawings including calculations and other information provided or approved by the Engineer-
in-Charge.
"Department" means the Amravati Municipal Corporation or as specified.
"Engineer in charge" means the person nominated by the Authority for overall supervision and
coordination of the work, provide approval to work plan and work schedules submitted by the contractor
for commencement of the work, approval of drawings and specification, certification of the work executed
by the contractor and invoice raised by the contractor. The Word “Engineer” wherever used, other than
mentioned or specified, means the Engineer-in—charge
"Equipment" means the Contractor's machinery and vehicles brought temporarily to the Site for
execution of work at his own cost.
"Government" means the Government of Maharashtra or the Government of India as the case may be.
"In Writing" means communicated in written form and delivered against receipt.
"Material" means all supplies including consumables used by the Contractor for incorporation in the
work.
"Stipulated date of completion" means the date on which the Contractor is required to complete the
work. The stipulated date is specified in the Contract Data.
"Specification" means the specification of the work included in the Contract and any
modification or addition made or approved by the Engineer-in-Charge.
"Start Date" means the date 14 days after the signing of agreement for the work. However, the Authority
may extend this time limit by another 14 days, as and when required.
"Sub-Contractor" means a person or corporate body who has a Contract (duly authorized by the
Authority) with the Contractor to carry out a part of the work under the Contract.
"Temporary Work" means work designed, constructed, installed, and removed by the Contractor that are
needed for the work.

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"Tender/Bid/Bid Document/Request for Proposal (RFP), Tenderer/Bidder" are the synonyms and
carry the same meaning where ever used.
"Variation" means any change in the work which is instructed or approved as variation under this
contract.
"Work" the expression "work" or "works" or “Project” where used in these conditions shall unless
there be something either in the subject or context repugnant to such work, be construed and taken to mean
the work by virtue of contract, contracted to be executed, whether temporary or permanent and whether
original, altered, substituted or additional.
"Work Plan" means the implementation plan, including phasing of works, physical completion
milestones and other such details that the Authority shall seek from time to time with respect to tracking
progress of the works.

2. Interpretations
In the contract, except where the context requires otherwise
2.1. Words indicating one gender include all genders;
2.2. Words indicating the singular also include the plural and vice versa;
2.3. Provisions including the word "agree", "agreed" or "agreement" require the agreement to be recorded
in writing;
2.4. Written" or "in writing" means hand-written, type-written, printed or electronically made,
and resulting in a permanent record; Words have their normal meaning under the language of the
Contract unless specifically defined.
2.5. The Engineer will provide instructions clarifying queries about the Conditions of Contract.

3. Documents Forming Part of Contract:


3.1. Notice Inviting Bid with all amendments.
3.2. Tender Document (Tender Notice No. – )with all amendments and corrigendum
3.3. Contract Agreement
3.4. Conditions of Contract:
a) Part A: General Conditions of Contract and Contract Data with all Annexures;
b) Part B: Special Conditions of Contract.
3.5. Specifications;
3.6. Drawings and site map
3.7. Technical and Financial Bid submitted by the Contractor
3.8. Any other document (s), as specified or important to execute this contract.

4. Language and Law


The language of the Contract and the law governing the Contract are stated in these conditions of contract.

5. Communications
All certificates, notice or instruction to be given to the Contractor by Authority/Engineer shall be
sent on the address or contact details given by the Contractor in Form 2 of his submitted Bid. The address
and contract details for communication with the Authority/Engineer shall be as per the details given in bid

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data sheet of the RFP Document or as specified in written from time to time. Communication between
parties that are referred to in the conditions shall be in writing. The notice sent by facsimile (fax) or other
electronic means (email) shall also be effective on confirmation of the transmission. The notice sent by
registered post or speed post shall be effective on delivery or at the expiry of the normal delivery period as
undertaken by the postal service. In case of any change in address for communication, the same shall be
immediately notified to Engineer-in-Charge.

6. Engineer's Decisions
6.1. Except where otherwise specifically stated, the Engineer under the guidance of The Commissioner,
Municipal Corporation, and Amravati will decide contractual matters between the Authority and the
Contractor in the role representing the Authority.
6.2. The Engineer may delegate any of his duties and responsibilities to other people after notifying the
Contractor and may cancel any delegation after notifying the Contractor.

7. Subcontracting

The Contractor may subcontract with the approval of the authority but may not assign the Contract without
the approval of the Authority in writing. Subcontracting does not alter the Contractor's obligations.

8. Personnel

8.1. The Contractor shall employ the key personnel named in the Schedule of Key Personnel in the Form
9 (B) of his submitted technical bid to carry out the functions stated in the Schedule or other
personnel approved by the Engineer. The Engineer will approve any proposed replacement of key
personnel only if their qualifications, abilities, and relevant experience are substantially equal to or
better than those of the personnel listed in the Schedule.
8.2. If the Engineer asks the Contractor to remove a person who is a member of the Contractor's staff or
his work force or sub-contractor, stating the reasons, the Contractor shall ensure that the person
leaves the Site within seven days and has no further connection with the work in the Contract.

9. Force Majeure
9.1. The term "Force Majeure" means an exceptional event or circumstance:
a) Which is beyond a party's control;
b) Which such party could not reasonably have provided against before entering into the contract;
c) Which, having arisen, such party could not reasonably have avoided or overcome, and;
d) Which is not substantially attributed to the other Party

9.2. Force Majeure may include, but is not limited to, exceptional events or circumstances of the kind
listed below, so long as conditions (a) to (d) in the sub-clause 9.1 above, are satisfied:
(i) War, hostilities (whether war be declared or not), invasion, act of foreign enemies);
(ii) Rebellion, terrorism, sabotage by persons other than the contractor's Personnel,
revolution, insurrection, military or usurped power, or civil war;
(iii) Riot, commotion, disorder, strike or lockout by persons other than the Contractor's
Personnel;

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(iv) Munitions of war, explosive materials, ionizing radiation or contamination by radio


activity, except ass may be attributed to the Contractor's use of such munitions,
explosives, radiation or radio activity, and;
(v) Natural catastrophes such as earthquake, hurricane, typhoon or volcanic activity.

9.3. In the event of either party being rendered unable by force majeure to perform any duty or
discharge any responsibility arising out of the contract, the relative obligation of the party
affected by such force majeure shall upon notification to the other party be suspended for the period
during which force majeure event lasts. The cost and loss sustained by either party shall be borne by
respective parties.
9.4. For the period of extension granted to the Contractor due to Force Majeure the penalty clause shall
not apply. It is clarified that the clause ‘9’ shall not give eligibility for any adjustment or escalation
in contract amount.
9.5. The time for performance of the relative obligation suspended by the force majeure shall stand
extended by the period for which such cause lasts. Should the delay caused by force majeure exceed
six months, the parties to the contract shall be at liberty to foreclose the contract after holding mutual
discussions.

10. Contractor's Risks


10.1. All risks of loss of or damage to physical property and of personal injury and death which arise
during and in consequence of the performance of the Contract are the responsibility of the
Contractor.
10.2. All risks and consequences arising from the inaccuracies or falseness of the documents and/or
information submitted by the contractor shall be the responsibility of the Contractor alone,
notwithstanding the fact that designs/drawings or other documents have been approved by the
department.

11. Safety
The Contractor shall be responsible for the safety of all activities on the Site. The contractor shall comply
to the safety guidelines and best industrial practice to implement safety at work place.

12. Liability for Accidents to Person


The contractor shall be deemed to have indemnified and saved harmless the Government and/or the
Authority, against all action, suits, claims, demands, costs etc. arising in connection with injuries suffered
by any persons employed by the contractor or his subcontractor for the works whether under the General
law or under workman's compensation Act, or any other statute in force at the time of dealing with the
question of the liability of employees for the injuries suffered by employees and to have taken steps
properly to ensure against any claim there under.

13. Contractor to Complete the Works


13.1. The Contractor shall execute the Works in accordance with the Milestone, Work plan, work
schedule, Specifications, Drawings and site map as specified in the Bid Document. In the case of any
class of work for which there is no such specification as is mentioned in the Tender Document, such
work shall be carried out in accordance with the instructions and requirement of the Engineer-in-
charge.
13.2. The contractor shall supply and take upon himself and at his cost the entire responsibility of the
sufficiency of all the means and resources used for the fulfillment of this contract whether such

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means may or may not be specified in the scope of work, Bid Document, contract agreement or
recommended by the Engineer-in-charge.

14. Discoveries
Anything of historical or other interest or of significant value unexpectedly discovered on the Site
shall be the property of the Authority/Government. The Contractor shall notify the Engineer of such
discoveries and carry out the Engineer's instructions for dealing with them.

15. Dispute Resolution System


15.1. No dispute can be raised except before the Authority in writing giving full description and grounds
of Dispute. It is clarified that merely recording protest while accepting measurement and/or payment
shall not be taken as raising a dispute.
15.2. No issue of dispute can be raised after 45 days of its occurrence. Any dispute raised after expiry of
45 days of its first occurrence shall not be entertained and the Authority shall not be liable for claims
arising out of such disputes.
15.3. The Authority shall decide the matter within 45 days.
15.4. Appeal against the order of the Authority can be preferred within 30 days to the court of Amravati.
15.5. The contractor shall have to continue execution of the works with due diligence
notwithstanding pendency of a dispute before any authority or forum.

16. Approval by the Engineer

16.1. The Contractor shall submit the work plan, work schedule, Specifications and Drawings for the
commencement of the proposed work/part of proposed work/milestone of proposed work, before the
commencement of such works. The contractor shall proceed for the commencement of such work
only after the approval of the Engineer-in-charge.
16.2. The Contractor shall be responsible for design of the proposed Works.
16.3. The Contractor shall obtain approval of third parties to the design of the Works where required.
16.4. All Drawings, work plan and work schedule prepared by the Contractor for the execution of the
temporary or permanent Works, are subject to prior approval by the Engineer before their use.

17. Time Frame for completion of works

17.1. The Contractor may commence execution of the Works on the Start Date and shall carry out the
Works in accordance with the milestone achievement schedule set out in the Bid Document as
updated time to time by the approval of the Engineer-in-charge, and complete them by the Intended
Completion Date.
17.2. The Engineer's approval of the work schedule shall not alter the Contractor's obligations

18. Extension of Time


18.1. If the Contractor desires an extension of time for completion of the work on the ground of his having
been unavoidably hindered in its execution or on any other grounds, he shall apply, in writing, to the
Engineer-in-charge, on account of which he desires such extension. Engineer-in-charge shall forward
the aforesaid application to the competent authority as prescribed.
18.2. The Authority shall decide whether and by how much to extend the Intended Completion Date
within 21 days of the Contractor asking the Engineer for a decision upon the effect of grounds of

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having unavoidable hindrance in execution of work or on any other such grounds, and submitting
full supporting information. If the Contractor has failed to give early warning of a delay or has failed
to cooperate in dealing with a delay, the delay by this failure shall not be considered in assessing the
new Intended Completion Date.

19. Liquidated Damages


19.1. The Contractor shall pay liquidated damages to the Authority at the rate per day stated in the sub-
clause 7.2 of the RFP document, for each day that the Completion Date is later than the Intended
Completion Date (for the whole of the works or the milestone as stated in the contract data) after
considering the extension of time as specified in clause 17 of this GCC. The total amount of
liquidated damages shall not exceed the amount defined in the sub-clause 7.2of the RFP document.
The Authority will deduct the liquidated damages from payments due to the Contractor.
19.2. If the Intended Completion Date is extended after liquidated damages have been paid, the Authority
shall correct any overpayment of liquidated damages by the Contractor by adjusting such
overpayment from the next payment due to the contractor or final settlement of payments with the
contractor as the case may be. The contractor shall not pay any interest on any such amount of
overpayment of liquidity damages.
19.3. Payment of liquidated damages does not affect the Contractor's liabilities.
19.4. Contractor should not claim for escalation bill any more.

20. Contract amount


20.1. No interest shall be payable to the Contractor on any payment due or awarded by the authority.
20.2. The rates quoted by the Contractor shall be deemed to be inclusive of GST and other levies, duties,
cess, toll, taxes of Central and State Governments, local bodies and authorities.

21. Quality Control


21.1. Identifying Defects

21.1.1 The Engineer shall check the Contractor's work and notify the Contractor of any Defects that are
found. Such checking shall not affect the Contractor's responsibilities. The Engineer may instruct
the Contractor to search for a Defect and to uncover and test any work that the Engineer considers
may have a Defect.

21.1.2 The contractor shall permit the Authority's Technical auditor to check the contractor's work and
notify the Engineer and Contractor of any defects that are found. Such a check shall not affect the
Contractor's or the Engineer's responsibility as defined in the Contract Agreement.
21.2. Correction of Defects

21.1.3 The Engineer shall give notice to the Contractor of any Defects, in writing.

21.1.4 Every time notice of a Defect is given, the Contractor shall correct the notified Defect within the
length of time and satisfaction level of the Engineer as specified in the Engineer's notice.

21.1.5 If the Contractor has not corrected a Defect, within the time specified in the Engineer's notice, the
Engineer will assess the cost of having the Defect corrected, and the Contractor will pay this
amount.

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22. Termination of Contract

22.1. The Authority or the Contractor may terminate the Contract if the other party causes a fundamental
breach of the Contract. Fundamental breaches of Contract include, but shall not be limited to the
following:
(a) Abandons the works or otherwise plainly demonstrates the intention not to continue
performance of his obligations under the contract;

(b) The Engineer-in-charge instructs the Contractor to delay the progress of the Works and the
instruction is not withdrawn within 60 days;

(c) The Authority or the Contractor is made bankrupt or goes into liquidation other than for a
reconstruction or amalgamation;

(d) The Contractor without reasonable excuse fails to comply with the notice to correct a
particular defect within a reasonable period of time;

(e) the Contractor does not maintain a valid instrument of financial Security, as prescribed;

(f) the Contractor has delayed the completion of the Works by such duration for which the
maximum amount of liquidated damages is recoverable;

(g) if the Contractor, in judgmental of the engineer in charge has engaged in corrupt or
fraudulent practices in competing for or in executing the contract, the definition of corrupt and
fraudulent practice shall be as defined in clause 5.9 of the RFP document;

(h) the contractor fails to perform in the manner as specified in the Contract agreement, bid
document, bid submitted by him or recommendation by the engineer-in charge;

(i) The contractor (in case of Consortium/joint venture) has modified the composition of the
Consortium/joint venture and/or the responsibility of each member of the Consortium/joint
venture from what is stated in Consortium/joint venture agreement without prior approval of
the Authority.
22.2. Notwithstanding the above, the Authority may terminate the Contract for convenience.
22.3. If the Contract is terminated the Contractor shall stop work immediately, make the Site safe and
secure and leave the Site as soon as reasonably possible.
22.4. All materials on the Site, Plant, Equipment, Temporary Works and Works are deemed to be the
property of the Authority, if the Contract is terminated because of a Contractor's default.
23. Payment upon Termination
23.1. If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the
Engineer shall issue a certificate for the value of the work done less adjusted advance payments (on
pro-rated basis) received up to the date of the issue of the certificate, less other recoveries due in
terms of the contract, less taxes due to be deducted at source as per applicable law and less the
percentage to apply to the work not completed as per the percentage of milestone achievement.
Additional Liquidated Damages shall not apply. If the total amount due to the Authority exceeds any
payment due to the Contractor the difference shall be a debt payable to the Authority.

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23.2. If the Contract is terminated at the Authority's convenience or because of a fundamental breach of
Contract by the Authority, the Engineer shall issue a certificate for the value of the work done, the
reasonable cost of removal of Equipment, repatriation of the Contractor's personnel employed solely
on the Works, and the Contractor's costs of protecting and securing the Works and less advance
payments received up to the date of the certificate, less other recoveries due in terms of the contract
and less taxes due to be deducted at source as per applicable law.

24. Performance Security


The Contractor shall have to submit performance security as set out in the clause 5.7 of the tender
document. The contractor shall have to ensure that such performance security remains valid for the period
as specified in the tender document.

25. Payment of contract Amount


25.1. Payment of the ‘contract amount’ shall be made to the contractor in accordance to the provision as
set out in the clause 7 of the RFP document.
25.2. No advance payment shall be made to the contractor in any case.
25.3. The invoice for the payment shall be raised by the contractor, after the certification of the work
completed by the contractor and the invoice by the Engineer-in-charge
25.4. The payment shall be made through Demand Draft/Cheque/NEFT/RTGS. No payment shall be made
in cash
25.5. All payment shall be made in Indian currencies.

26. Completion Certificate


26.1. A provisional completion certificate in the prescribed format as given in Annexure I of this condition
of contract shall be issued by the Engineer in charge after physical completion of the work.
26.2. After final payment to the contractor, a final completion certificate in the prescribed format as given
in Annexure II of this condition of contract shall be issued by the Engineer in charge.
26.3. The Authority shall take over the Site and the Works within seven days of the issue of the
provisional Completion certificate.
**********************************END OF GCC****************************************

B. Special Conditions of Contract (SCC)

The following Special Conditions of Contract (SCC) shall supplement the General Conditions of Contract
(GCC). Whenever there is a conflict, the provisions herein shall prevail over those in the GCC.

1. Role of Parties to the Contract


1.1. Role of the Authority

The Authority shall play the following role in this project


(i) The Authority shall handover the Project Site and on an as-is-where-is basis, free from
encumbrances, for the execution of the Project. The Authority will not provide any equipment or
vehicle for the project. All equipment and machinery required by the successful contractor shall be
arranged by the contractor at his own cost.

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(ii) The Authority shall earmark the land (to be reclaimed and to be used for segregation and processing
of excavated mixed MSW) and give possession to the Contractor within one week of the execution
of the Contract Agreement.

(iii) The Authority shall provide access to the land earmarked to the contractor for implementing the
project.

(iv) The Authority shall provide necessary assistance in getting clearances, permits, approvals,
authorizations, and no objection certificates, at its own cost, which are required by the contractor to
execute the project and obtain Water and Sewage Connection and Power Connection.

(v) The Authority shall permit the contractor to carry out the project till the conclusion of the Contract
Period of as mentioned in tender document or any extension thereof.

1.2. Role of the Contractor


(i) The contractor shall execute and complete the project in accordance with the provisions set out in
the tender document, scope of work as mentioned in RFP, the Conditions of contract and the
contract agreement.

(ii) The contractor shall have no right or title or leasehold right on the land earmarked to them. The
Land earmarked to the Bidder shall not be used for any other purpose other than for the project
purpose.

(iii) The contractor is entitled to switching over to the technologies according to the viability of the
implementation of the project commercially subject to prior submission of proposal for such
technology switch describing the details of such technology and advantage of using the technology
and such proposal being approved by the engineer-in-charge.

(iv) The employees of the Contractor and the Sub-Contractor in no case shall be treated as the
employees of the Authority at any point of time.

2. Compliance to Law, Rules and Regulations

The contractor shall abide with all the rules and regulations of the Government of India, Government
of Maharashtra, Local Governments or any other Government bodies that has direct or indirect incidence
on the project, in addition to the rules and regulations mentioned below.

The Contractor shall keep the Authority indemnified in case any action is taken against the Authority
by the competent authority on account of contravention of any of the provisions of any Act or rules made
there under, regulations or notifications including amendments. If the Authority is caused to pay or
reimburse, such amounts as may be necessary to cause or observe, or for non-observance of the provisions
stipulated in the notifications/bye laws/Acts/Rules/regulations including amendments, if any, on the part
of the Contractor, the Engineer/Authority shall have the right to deduct any money due to the Contractor
including his amount of performance security. The Authority/Engineer shall also have right to recover
from the Contractor any sum required or estimated to be required for making good the loss or damage
suffered by the Authority.

The contractor shall perform his obligations for the completion of the works under the umbrella of the below
given rules and regulations.

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2.1. Compliance with Labour Regulations


During continuance of the contract, the Contractor and his sub-contractors shall abide at all times by
all existing labour enactments and rules made there under, regulations, notifications and bye laws of the
State or Central Government or local authority and any other labour law (including rules), regulations,
bye laws that may be passed or notification that may be issued under any labour law in future either by the
State or the Central Government or the local authority.

2.2. Protection of Environment


The contractor shall take all reasonable steps to protect the environment on and off the Site and to
avoid damage or nuisance to persons or to property of the public or others resulting from pollution, noise
or other causes arising as a consequence of his methods of operation.

During continuance of the contract, the contractor and his sub-contractors shall abide at all times by
all the terms and conditions prescribed in the Environmental Clearance/ Consent to Establish/Consent to
operate issued to the project, existing enactments on environmental protection and rules made there under,
regulations, notifications and bye-laws of the State or Central Government, or local authorities and any
other law, bye-law, regulations that may be passed or notification that may be issued in this respect in
future by the State or Central Government or the local authority.
The contractor shall commence the project activities as per the rules, regulations and guidelines as
set forward by the Solid Waste Management, 2016 and its subsequent amendments thereof, Construction
and Demolition Waste Management Rules 2016 and its subsequent amendment thereof, Plastic Waste
Management Rules 2016 and its subsequent amendment thereof, Bio-Medical Waste management rules
2016 and its subsequent amendment thereof, Hazardous and Other Wastes (Management and Trans
boundary Movement) Rules, 2016 and its subsequent amendment thereof, E-waste management rules 2016
and its subsequent amendment thereof, Environment Protection Act 1986 and its subsequent amendment
thereof. Contractors to note that this is the minimum criteria required for the commencement of this work
and the contractor will practice the best possible method to protect the Environment.

************************************END OF SCC***********************************

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Annexure I: Provisional Completion Certificate

Name of Work:

Agreement No. ____________________ Date ____________


Amount of Contract Rs _______________________
Quantity of Waste Processed _________________________ m3.
Certified that the above-mentioned work was provisionally completed on ............. (Date) and taken over on
..................................................................................................................................(Date) and that I have
satisfied myself to best of my ability that the work has been done properly.

Date of issue

Engineer-in-Charge

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Annexure II: Final Completion Certificate

Name of Work:

Agreement No. ____________________________________ Date: _____________

Name of Agency: _____________________________________________________

Certified that the above-mentioned work was physically completed on


___________ (date) and taken over on__________(date) . Agreement
amount Rs.__
Final amount paid to contractor Rs. ___________ .

Quantity of Waste Processed _________________________ m3

Incumbency of officers for the work

I have satisfied myself to best of my ability that the work has been done properly.

Date of Issue:_____________

Engineer in Charge

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