state water & sanitation mission (swsm) (national rural drinking … · 2012-08-06 · swsm...
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Notice No. /SWSM/WSSO/ Dated: 06th August, 2012
EXPRESSION OF INTEREST
"Selection of Agencies/Firms for GPS based mapping and Water Quality Testing of Drinking Water Sources"
The State Water & Sanitation Mission, Department of Rural Development, Govt. of Uttar Pradesh invites Expression of Interest (EoI) from eligible Agencies/Firms to conduct the assignment "GPS based mapping and Water Quality Testing of Drinking Water Sources" in 6 Zones, each comprising of 3 Commissionaires of Uttar Pradesh. The applicants should have experience in carrying out such work with Central/ State Governmentsand should have a total turn-over of at least Rs.20 Crores during the last three years. The detailed Terms of Reference (ToR) for the assignment are available on the websites: www.swsmup.org & www.wssoup.org
Interested Agencies/Firms satisfying the conditions mentioned above may submit their Expression of Interest accompanied by the "Earnest Money" of Rs. 1.0 Lakh in the shape of Fixed Deposit Receipt/Demand Draft/Bank Guarantee of any Nationalised Bank, issued infavour of Executive Director, SWSM payable at Lucknow. The EoI in the prescribed pro-forma along with the Earnest Money shall be received in sealed envelope by Executive Director, SWSM, on the address given below latest by 27th August, 2012. For any clarification, the Director, WSSO may be contacted on Phone No. 0522 - 3016573 between 10.00 A.M. to 5.00 P.M.
Executive Director, SWSM Water & Sanitation Support Organization (WSSO)
G-3, Akshay Apartment, 2 Sarojini Naidu Marg, Lucknow-226001 Phone: 0522-3016584, Fax: 0522- 3016586
State Water & Sanitation Mission (SWSM) (National Rural Drinking Water Programme)
Department of Rural Development, Government of Uttar Pradesh
Annexure
State Water & Sanitation Mission, Department of Rural Development, Govt. of Uttar Pradesh, intends to engagenationally reputed Agencies/Firms, having sound technical and financial capabilities to conduct the assignment"GPS based mapping and Water Quality Testing of Drinking Water Sources"
TERMS OF REFERENCE Thematic GPS based Mapping of Water Sources at habitation level, Water Quality Testing, data compilation in MS-Excel format for its entry into M.I.S. Software for preparation of
Village Water Security Plans under National Rural Drinking Water Program of GoI.
1.0 BACKGROUND:
Ground Water, a prime and precious resource of the nature and an important component of water cycle, has emerged as a ‘Democratic resource’ in the State of U.P. because of relative ease to exploit it with greater flexibility and, therefore, the dependency on this resource has increased manifold. Now, ground water has attained a vital position in the overall water resource development plans & programs of the State, especially in drinking water sector. The demand of this resource is growing in multiple proportions and its contribution can be assessed by the fact that ground water resource is fulfilling more than 80% of drinking water demand in the State.
Last three decades have seen an exponential growth in the number of ground water structures in rural segment. Still there are a number of habitations yet to be covered with assured drinking water source. As per the U.P. Jal Nigam’s estimates, about 12000 million liters of ground water is being extracted every day for drinking purposes both in urban & rural areas of the State. The ever-increasing drinking water requirements have also put ground water reservoirs under ‘stress’.
The continuous & escalated abstraction of ground water resource in irrigation, industrial and drinking water sectors has resulted into widespread depletion of aquifers causing decline of ground water levels to alarming stage. As per the studies of Ground Water Department, 461 blocks are affected with ground water level decline, requiring rain water harvesting measures for ground water recharge.
Besides, ground water quality is also an area of great concern for ensuring safe water supplies in the rural habitations of the State. The quality aspect of ground water resources has emerged as a new threat and, therefore, ground water pollution has now become a burning issue. Studies reveal that the inadequate sewerage system, improper waste disposal sites & various industrial activities, besides natural geogenic and anthropogenic causes are responsible for contaminating ground water. The findings of quality assessment of ground water, so far taken up in isolation by different organizations/agencies, have shown that ground water, at places, is contaminated with Fluoride, Arsenic, Iron, TDS, Nitrate along with reported presence of heavy metals and also the pesticide residue. However, it is also noticeable that the quality reports so far available do not focus the actual quality status of ground water in the State.
To cope up with such impact of over-development, unplanned use and improper activities, the imperative need is to scientifically assess the ground water resource through a well-established system of geo-referenced monitoring network of drinking water sources for systematic study of ground water quality in the State.
2.0 HYDROGEOLOGICAL SETUP OF U.P.:
The Uttar Pradesh is a part of Ganga basin comprising Yamuna, Ramganaga, Gomti, Ghaghra and Sone sub basins. The State is further divided into four major hydrogeological zones namely Terai zone, Central Ganga plain, Marginal Alluvial plain and Southern peninsular zone. The Bhabhar zone includes very small areas covering parts of Bijnor and Saharanpur districts infringing the international boundary in northern most part of the State. The Central Ganga plain constitutes the major geographical area of the State.
The distribution of ground water is quite uneven and uncertain due to varied hydrogeological and hydro-geomorphological setup of the State. The depth to ground water levels generally varies from 2 meters below ground level (mbgl) to even as deep as 30 mbgl. This wide variation in ground water levels is due to different hydrogeological conditions that prevail across the State. In the canal command such as ShardaSahayak, Upper Ganga, Gandak etc. shallow water levels of less than 2 mbgl are observed. The deeper water levels of more than 20 mbgl are observed in ravine tract along Yamuna River between district Agra and Allahabad.
3.0 PRESENT STATUS OF GROUND WATER QUALITY ASSESSMENT:
A number of Organizations in the State are dealing with the water quality issues for their respective schemes/programs. However, the emerging trends of deteriorated ground water quality are quite disturbing considering the challenges of potable water supplies. Ground water quality as reported is mainly contaminated with Fluoride, Arsenic, Iron, Nitrate, TDS etc. including heavy metals and pesticides. Recently, Arsenic has been reported in alarming proportion mainly in Districts Ballia, Bahraich, Bareilly, Chandauli, Ghazipur, Gorakhpur and LakhimpurKheeri.
There is no single Organization, which could own the responsibility of ground water quality assessment with a set of specific norms & standards. How the actual status of ground water quality should be assessed, what parameters should be selected for quality monitoring, what are prime causes/sources for contamination, which aquifers are polluted & up to what depth ground water quality is poor, what should be the standard monitoring & surveillance system, how it should be mitigated, these are some critical issues in context of the State, which need to be resolved through a systemic study.
4.0 OBJECTIVES OF THE ASSIGNMENT: 4.1The main objective of the assignment is to develop a comprehensive Database regarding inventory of all existing Drinking Water Sources with GPS location and their Water Quality analysis to ascertain the suitability for domestic use and preparation of VillageWater Security Plans accordingly. This Database shall be used for implementation of GIS based Decision Support System. The Data is to be uploaded on Management Information System with Integrated GIS in the form of a Web-enabled Management Information System. The Web-enabled MIS/GIS would primarily be an online system which would act as a bridge between various district project units of the implementing agencies, thus facilitating online data feeding and management of Information and Reporting system. 4.2 The assignment also aims at identifying the issues pertaining to inequitable distribution of water points. Spatial distribution would identify any pocket having no/ less access to drinking water. 4.3 The assignment also aims to identify the age of hand pumps/ Piped Water Supply Systems to identify the areas where HPs/ PWS have lived their ages. This information may be collected by local enquiry. 4.4It requires capturing of GPS location, which includes the Latitude & Longitude for their geographical location and height of ground level above mean sea level for each and every existing Public Drinking Water Source, including India Mark-II Hand Pumps, besides different components of piped Water Supply Schemes, other Surface Water Bodies and Sustainability Structures/Rain Water Harvesting Schemes located in every habitation. 4.5Water Quality testing, using FTK, of all the Public Drinking Water Sources including India Mark-II Hand Pumps and Public Stand Posts of Piped water supply schemes covering all the habitations in the rural areas of the State for ascertaining their suitability for drinking/domestic use. 4.6Samples of Water Sources tested positive for any type of contamination shall be submitted for analysis with laboratory methods at the District Laboratory of U.P. Jal Nigam.
4.7All the data related to GPS location of each and every existing Drinking Water Sources, Surface Water Bodies, Sustainability Structures and their water quality is to be entered into IMIS software developed by Department of Drinking Water & Sanitation, Ministry of Rural Development, Government of India. 5.0 SCOPE OF WORK:
The scope of work would entail: 1 Capturing GPS
Location of all the existing Public Drinking Water Sources at habitation level, including India Mark-II Hand Pumps, different components of Piped water supply Schemes, Surface Water Bodies and Sustainability Structures including Rain Water Harvesting Schemes, in the rural areas of State.
1 Providing data in GIS enabled files and source details in database etc., confirming to ToR. The activities will have to be conducted 6 Zone wise. The Firm will be required to capture the co-ordinates, including height of ground level above mean sea level with calibrated GPS receiver for integration with the GIS application. The process of data capturing requires to be validated for accuracy by calibration at nearby Survey of India bench mark/map.
2 The location information will include GPS location, Physical description for local identification and other details.
3 Location of surface water bodies such as ponds shall be in polygon shape indicating the aqueduct and will be taken at the point of inlet. For drainage system it may be in line shape with multiple point locations.
4 Details of pipe water supply should include details of intake works including pump station (if any), raw water mains, treatment plant(s), Reservoir tanks including balancing tanks and bore holes, House service connections, public stand posts. In relation to each of the above records should show, material, age and capacity, top and bottom water level.
Illustrative database The GPS mapping and water quality sampling of all Hand Pumps and Piped Water Supply Schemes is to be carried out. In case of Piped Water Supply Schemes, details of Intake/ Source works, treatment work, storage and distribution points has be recorded.
2 Water Quality Testing and Sanitary Survey of all Public Drinking Water Sources including India Mark-II Hand Pumps and Public Stand Posts of Piped water supply Schemes in the rural areas of State.
1. Testing for Fluoride, Iron, Nitrate, Arsenic, pH, Turbidity, Total Hardness, Chloride, and residual Chlorine (for Piped Water Supply Schemes only) using FTKs, and Sanitary Survey along with digital photography of each source is to be performed by the Agency/Firm. Testing for Arsenic will be done in identified areas along the river Ganga and Ghaghara. Samples testing positive for any type of pollution/contamination shall be submitted for testing by laboratory methods in the UP Jal Nigam, District labs.
2. Only Government hand pumps, pipe water supply schemes & village ponds will be tested by FTKs. Dug well, if any, will be tested only in that condition where it is being used for drinking purpose and the fact is to be verified by Member of VWSC/Gram Pradhan.
3. Entering GPS locations and Water Quality Data in the database. Preparation of notional Gram Panchayat maps
1. Database format will be provided by SWSM/U.P. Jal Nigam, and the data collected by the agency will be entered in to the MS-Excel format.
2. Preparation of notional Gram Panchayat maps (not to scale) including Revenue Village Boundary, Habitation boundary, prominent features in the GP and approximate location of all water sources in the village and ground water quality using both primary & secondary data will be done by the Consultant.
The State is being divided into 6 working zones comprising of three
Commissionaires each in which the number of water sources to be covered under the assignment are as below:-
Zone Code
Zone Commissionaires No. of water sources
1 Allahabad Allahabad, Varanasi, Vindhyachal 400796 2 Ghaziabad Agra, Meerut, Aligarh 306044 3 Gorakhpur Basti, Azamgarh, Gorakhpur 357967 4 Lucknow Faizabad, Devipatan, Lucknow 521917 5 Moradabad Bareilly, Moradabad, Saharanpur 269012 6 Jhansi Chitrakoot, Jhansi, Kanpur 317579
Note: Work under this assignment will be allocated zone wise to the selected Vendors.
6.0 ACTIVITIES/TASKS TO BE COMPLETED:
• Training of field staff on use of GPS, sanitary survey as per GoI guideline, water sampling and testing using Field Test Kits (FTKs).
• Geo-referencing for all the water sources to record x,y,z co-ordinates (latitude, longitude & reduced level) through high accuracy GPS receiver of latest technology (having accuracy of < 5 mts, resolution of not less than 272x480 pixels, automatic routing facility and camera of at least 5 megapixel) and to develop location maps for water sources.
• Quality assessment of 100% ground water sources by FTKs, to be collected during a survey in all the habitations. Contaminated / positive samples will be handed over to UP Jal Nigam district laboratories for analysis with laboratory methods.
• Sanitary Survey along with digital photograph of each source. • Quality assurance of water source testing and GPS value collection to be done by senior
key persons of the vendor. • Preparation of notional Village maps (Not to scale) showing location of all the existing
drinking water sources and ground water quality in the State using both primary & secondary data will be done by the consultant.
• Creation of a final database with unique Identity number, as per department's requirement, for each water source in MS-Excel format
• Sharing of database through interactive workshops/seminars. 7.0 QUALIFICATION CRITERIA:
The Bidder has to provide supporting documents pertaining to the pre-
qualification criteria for the Assignment. In case, the Bidder doesn’t furnish complete details, technical evaluation process will not be taken up.
S. No. Clause Documents Required 1 Consulting turn over: minimum Rs20crores total
for the last 3 years Audited profit & loss account statement and Balance Sheet of the Company showing turnover of the company for the last three years (up to 31-Mar-12).
2 The bidder should have experience in carrying out GPS mapping and water sampling with analysis of more than 50,000 water sources during last 5 years for any Government Department in India which is involved in rural/ urban water supply
Copy of work order along with the completion certificates to be attached.
3 The bidder should have work orders of total value at least Rs 5 crores for carrying out sampling and analysis of water and GIS mapping during the last 5 years for any Government Department in India which is involved in rural/ urban water supply. Failure to provide proof will invite immediate disqualification of the concerned bid.
Copy of work order along with the completion certificates to be attached.
4 The bidder should have ISO 9001-2000 certification.
Valid ISO 9001-2000 certificates to be attached.
5 The bidder should produce Bank Solvency Certificate to prove capability to carry out the job under consideration.
The Bank Solvency Certificate should be submitted for 30% of the total estimated cost of the work proposed by the bidder.
6 The bidder should have at least 50 G.P.S. receivers of latest technology (having accuracy of < 5 mts, resolution of not less than 272x480 pixels, automatic routing facility and camera of at least 5 megapixels) and sufficient number of G.I.S. and Water Quality Professionals/Field Level Workers with infrastructure facilities available to perform the assignment properly and expeditiously within the 12 months' time period as specified.
The evidence shall consist of written details of the infrastructure facilities and present commitments (excluding the assignment under this specification) etc of the bidder.
7 The Vendor should provide turnkey solution to carry out the services for capturing field data, along with collection of water samples & their chemical analysis, sanitary survey and making entry into MS-Excel format
Certificate from bidder to be attached
8 The bidder should be a company registered under the Companies Act, 1956 or a Registered Society, working in the water sector/Information Technology Company/ Chemical Analysis or relevant field and should have been in this business for a period exceeding three years as on 01/08/2012
Certificate of registration and Self Certification of being in the Water Sector/Information Technology business for the last 3 years should be attached. Work Orders confirming year and Area of activity, Memorandum and Articles of Associations should also be attached.
9 Company should have their Office in State. However, if the local presence is not there in the state at present, the selected bidder should give an undertaking for establishment of an office in Lucknow and a project office in the Zonal Head Quarter, within 2 months of award of the contract
Relevant Documents or Undertaking signed by the Authorized Signatory.
10 The Bid can be submitted by an individual vendor or a Consortium/ Joint Venture as per conditions laid down in this document.
Declaration certificate to be attached. In case of a Consortium/Joint Venture, a registered agreement of the formation of a legal Joint Venture entity is to be enclosed.
S. No. Clause Documents Required 11 The bidder shall not be under a declaration of
ineligibility for corrupt or fraudulent practices or blacklisted with any of the Government agencies for which a Declaration by the authorized signatory of the vendor should be attached.
Declaration in this regard by the authorized signatory of the bidder, duly Notarized on a stamp paper of Rs. 100.00, should be attached.
8.0 CONDITIONS FOR JOINT VENTURE:
Joint venture Bids shall be as following:
1. In the case of joint ventures, the Lead Partner and the other partners shall jointly submit a Joint Venture Agreement. Partnership Firms should form a legal entity to enter into a valid registered Joint Venture Agreement.
2. Joint ventures shall be constituted with maximum number of three (3) partners (including lead partner) and must comply with the following requirements:
a) The following are the minimum qualification requirements:
(i) The lead partner shall meet not less than 51% and the other partners shall meet not less than 25% of the qualification criteria given in this document (refer the Eligibility Criteria). The Partner having expertise in Water Quality Testing must have ISO Certification.
(ii) All partners shall collectively meet 100% of the qualification criteria given in the document.
b) The joint venture must satisfy collectively the Eligibility Criteria given in this document, for which purpose the relevant figures for each of the partners shall be added together to arrive at the joint venture’s total capacity.
c) The formation of a joint venture after evaluation, and any change in the original joint venture, will be subject to the written approval of the Mission (SWSM). Such approval will be denied if the partners in the changed joint venture do not meet the qualifying requirements, or if, in the opinion of the Mission, a substantial reduction in competition will result.
d) In case the Joint Venture fails to exist or is broken for any reason, the agreement with the vendor will be deemed terminated from immediate effect and the security money deposited by the vendor shall be forfeited.
e) An application shall be signed to legally bind all partners, jointly and severally, and application shall be submitted with a copy of the joint venture agreement, providing the joint and several liabilities with respect to the Contract.
9.0 EVALUATION PROCESS: The firm having experience of working in Rural Development sector, GIS, Information
Technology, Water Quality testing or the equivalent and fulfilling the qualification criteria laid down at point no. 7 will be considered.
10.0 STANDARD OF PERFORMANCE: The firm shall perform the Services and carry out its obligations with all due diligence, efficiency and economy, in accordance with generally accepted professional standards and practices, and shall observe sound management practices, and employ appropriate technology and safe and effective equipment, machinery, materials and methods. The firm should be ready to accept and undertake the changes suggested by the SWSM/ UP Jal Nigam with no additional Cost.
11.0 PENALTY CHARGES ETC.:
In the event of the assignment not having been completed in accordance with the order and as per terms and conditions of the agreement and by the time specified therein, the Executive Director shall levy penalty on the Vendor and the amount deducted from any money due to the Vendor or
from the sum held as security money. This recovery shall be @ 0.5% per day of the value of the agreement remaining to be completed at the end of due date for completion of assignment up to a maximum of 25 days during which the assignment is not completely effected.
The Executive Director may allow additional time for completion of assignment in consideration of circumstances beyond the control of the Vendor to the extent considered justifiable and may decide to forego the whole or part of the aforesaid penalties.
The payments will be made to the vendor after due validation of the data/ report submitted by the vendor. Deductions to the extent of twice the percentage variation found in the validation procedure shall be made from the payments due to the vendor.
In case of non-performance in any form or shape of the terms and conditions of the contract, the Executive Director shall have the power to annul, rescind or cancel this contract and upon his notice in writing that he has done so, given by registered letter, the contract shall absolutely stand terminated on the date of issue of such notice.
12.0 PROCESS:
(A) With respect to Data Capturing:
• Agency will have to capture the field data through its own staff. The responsibility of compilation of inventories and its customization to suit their requirement will be the responsibility of agency.
• Only the model of GPS specified by the Mission shall be used for capturing GPS data. • For field testing the existing FTKs with the VWSCs may be used, after checking of the
expiry date and if required after replenishment of refills. The FTKs, after completion of the process shall be returned to the VWSC concerned.
• Samples from the sources testing positive for contamination shall be submitted to the district lab of U.P. Jal Nigam for analysis with laboratory methods.
• Agency will have to prepare the database and get it entered in to the MS-Excel file.
(B) With respect to Data Validation: Validation of the data of GPS values, Water Quality testing results and Sanitary surveys,
recorded, compiled and provided by the Vendors during the tenure of this assignment, shall be done through a Validation Team present in each block, comprising of the following officials:-
1. Junior Engineer/ Field Staff of U.P. Jal Nigam, and 2. Block Coordinator of UNICEF/ WSSO • This team will be entrusted with the responsibility of carrying out the ground truth
validation of 5% data on the random basis, during the execution of the assignment in a period of 12 months.
• Each team will cover one Block. In each Block three Gram Panchayats shall be selected on the random basis, where all the existing Drinking Water Sources/Schemes, Surface Water bodies and Rain Water Harvesting structures shall be covered for validation. The methodology for identification of Gram Panchayats for validation will be as follows:- o A list of all the Gram Panchayats falling in the Block shall be prepared containing
population and total numbers of Drinking water Sources/Schemes. This list of Gram Panchayats shall be arranged in a descending order of population and the name of Gram Panchayats to be undertaken for the validation shall be selected from the group of 3 sets prepared in the list, so that this process of validation may provide a well distributed coverage of validated data base.
• The validation of GPS and Water Quality data will be done using the same model of GPS to be provided by DWSC/WSSO and FTK used by the vendor (available with the VWSC) and also as far as possible during the next month.
• A copy of the data sheet on MS-Excel format shall also be provided by the Vendors to the DWSC/Junior Engineer concerned.
• Validation team will provide GPS data in predefined format (CSV, Excel, etc.) for cross verification using Web Application hosted on UP Jal Nigam Data Centre. NIC District Centre will help in this validation process.
• Duly validated and authenticated 5 % data, whole data will be uploaded on UP Jal Nigam Data Centre for 100% GPS verification using GIS tools and maps (Google, Village, etc).
• Land mark data (such as ponds, building structure, trees, etc.) will be collected by vendor to identify the area and provided at the time of cross verification, it will help in ensuring the location of GPS data.
• Validation of 5% Data and uploading of whole data of the Block on UP Jal Nigam Data Centre Server will be linked directly to the payment to be made to the Vendor. The proportion of the payment to be deducted shall be twice the percentage of data not found matching during the process of validation.
• This whole process of validation of data at district level will be coordinated by the Chairmen, DWSC.
• The validation will also be got done through a 3rd party identified for this purpose.
13.0 REQUIREMENT OF DATA: • The GPS based location of the Government Hand pumps and survey of the water quality
and all the beneficiaries. • The Rural Pipe water supply network till village level. • The GPS based water harvesting sites with details. • The GPS based surface water bodies with details. • The attribute information at the village level should include the following:
o Demographic details of the village as per latest census- Population, area of the village, density and SC/ST/Other population.
o Means of water supply and number of beneficiary families. • All the data will be entered into MS-Excel file.
14.0 SCHEDULE OF COMPLETION OF TASKS: The assignment shall be completed within a period of 12 months from the date of commencement of services. Following time schedule will be followed in carrying out the assignment and submission of Reports: ("T" stands for Start of Agreement.) Sl. No.
Activity Completion/ Report Submission Duration from Commencement
1. Procurement of Resources, training of field staff, carrying out preparatory work for water sample analysis.
T+ 0.5 Month
2. GPS value, Sanitary survey and Water sample testing for 25% water sources
T+ 3 Months
3. Quarterly Progress Report -1 after 25 % water source coverage indicating Habitations which have no water source/ less water sources (compared to national norms)
T + 3.5 Month
4. Review of the report 15 days from (T+3.5)
5. Quarterly Progress Report -2 after 50 % water source coverage.
T + 6 months
6. Review of the report 15 days from (T+6)
7. Quarterly Progress Report -3 after 75 % water source coverage.
T + 8.5 months
8. Review of the report 15 days from (T + 8.5)
9. Quarterly Progress Report -4 after 100 % water source coverage.
T + 11 months
10. Review of the report 15 days from (T + 11.5)
11. Draft Final Reports Within 15 days 12. Workshop/ Seminar 12th Month for 2
weeks 13. Submission and Acceptance of final reports Last week of (12)
months
Note: Monthly Progress reports along with data collected on MS-Excel format shall be submitted by the Vendors to the Executive Director, State Water & Sanitation Mission with a copy to the concerned Chairman, District Water & Sanitation Committee who will be responsible to monitor the progress of work being carried out in the district. 15.0 DATA, SERVICES AND FACILITIES TO BE PROVIDED BY THE MISSION:
• FTKs and H2S vials shall be provided by UPJN to the vendor at the zonal headquarter in a specified time.
16.0 FINAL OUTPUTS THAT WILL BE REQUIRED OF THE VENDOR: The following description, but not limited to, should be incorporated in all the above mentioned Inception, Interim and Final Reports:
• Tentative location along with Year of Installation shall be collected by the vendor by local enquiry.
• Monthly Progress Reports including the MS-Excel format on which data has been collected shall be submitted to the Chairman, District Water & Sanitation Committees for coordinating the validation process.
• All quarterly reports shall first be submitted in draft form and after incorporation of the comments of review committee in final form.
• Description of ground water sampling with locations (latitude, longitude), along with digital photograph and sanitary survey included in a complete report of ground water quality for each location on various parameters. The data provided must be duly validated.
• Data base of demographic data. • Final report on above covering vulnerable areas, information on aquifers affected from
pollution including aquifer depth, possible causes/ reasons and mitigation strategies • Description of x, y, z co-ordinates for each location and their methods of data recording,
storage.
17.0 COMPOSITION OF TECHNICAL REVIEWCOMMITTEE AND PROCEDURE TO MONITOR CONSULTANTS WORK:
To ensure effective and appropriate execution of the assignment, a Technical
ReviewCommittee (TRC) shall be constituted by the Chairman, SWSM/Secretary Rural Development, Government of U.P. to provide necessary advice and mid-course corrections. The composition of the Committee may be as follows: Chief Engineer (Rural), U.P. Jal Nigam - Chairman Regional Director, CGWB or his nominee - Member Technical Director, NIC - Member Director, Ground Water Department, U.P. or his nominee - Member Member Secretary, Pollution Control Board, U.P. or his nominee - Member Director, Indian Institute of Toxicological Researchor his nominee - Member Representative from UNICEF - Member Director, WSSO - Member Secretary Consultant Hydrogeology/Water Quality -Nodal Officer
• The Vendor shall interact with DWSC and Nodal Officer for day-to-day requirement and finalization of the program.
• The TRC shall also take into consideration the recommendations given by the District Water & Sanitation Committee based on the reports of the validation team and NIC.
• The TRC will be authorized to review, change, modify and approve to take any other decision required under this assignment.
• Any modifications, towards fulfillment of the objectives, in the scope of data analysis & storage centre assignment decided during quarterly, half yearly and yearly reviews by the TRC shall be taken up by the Vendor free of cost.
• The Mission shall give comment on the deliverables / reports within 15 days of its submission. If comments from Mission are not received within the stipulated time, the Vendor will bring this to the notice of the Mission and in case the Mission still does not give any comment within 30 days of the receipt of such communication, the deliverables/reports shall be deemed to be approved by the Mission.
• The TRC will meet at least once every quarter and review the progress made by the Vendor and advice Vendor to act accordingly and give recommendation for release of Vendor’s stage wise payment after its satisfactory completion.
• The Chairman can co-opt any other member in the Committee, if he finds it necessary. 18.0 LIST OF KEY POSITIONS WHOSE CV’s & EXPERIENCE SHALL BE
EVALUATED:
The Team Leader and other key staff associated with the assignments shall be evaluated on the basis of their qualification and working experiences related with the following fields of work on earlier successfully completed quality assignments. A detail of the completed assignments with exact nature of job executed by the key personnel is necessary. Thus, the CV’s of the following preferred specialists are to be submitted with the technical proposal, showing clearly the relevance of their experience for this assignment and fulfillment of minimum necessary experience who shall remain stationed in the Zone for the minimum period as mentioned below:
S. No.
Position Indicative Qualification & Experience Man Months
1. Team Leader At least Master's Degree in Civil/Water Resources Engineering. Project Management and monitoring experience for 15 years including 5 years of experience in handling projects of allied nature.
12
2. Ground Water Expert
Master's degree/ Ph.D. in Hydrology / Geology/ Hydrogeology with minimum 15 years' experience in Ground Water Hydrology.
10
3. Environmental/ Geochemical Expert
Master's degree/ Ph.D. in Environment Science (Specialization in Water Quality Assessment)/ Hydrogeology with minimum 10 years' experience in Ground Water Quality related studies.
10
4. GIS Expert (required to train and monitor the staff using (GPS)
Master's degree in Environment Science/ Geology/ Geophysics/ Geography with minimum 7 years' experience in Image Analysis, Conversion of Image Data to GIS Vector Data, Use of Arc GIS, Arc Info, Arc View, Vector & Raster Editing and data modeling.
12
5. I.T. Expert At least Degree in Information Technology or a similar Technical Field. Extensive experience for 10 years in IT covering RDBMS, GIS, Communication and customized applications development.
12
6. Field Staff Graduate in Geo Sciences/ Diploma in Civil Engineering with minimum one year field experience of GPS survey and WQ analysis works.
09 each
In addition, the team is expected to have Data Entry Operators having qualification of Graduate/Diploma in Computer Application with minimum 03 years' experience of working on a web based systemand support functionaries as required for fulfillment of the assignment. The Vendors shall submit their deployment schedule with the proposal. The assignment is proposed to be a "Quality &Cost Based Assignment”. Vendors fulfilling the Eligibility Criteria will be evaluated on thebasis of 70:30 ratio of Technical and Financialproposals submitted by them. The Mission shall pay to the Vendors on the basis of reports/tasks submitted. The assignment shall be completed within a period of 12 months.
19.0 DOCUMENTS PREPARED BY THE CONSULTANT TO BE THE PROPERTY OF
THE MISSION:
All plans, drawings, specifications, designs, reports, other documents and software prepared by the firm for Water & Sanitation Support Organization (WSSO) under this Contract shall become and remain the property of WSSO and the firm shall, not later than upon termination or expiration of this Contract, deliver all such documents to WSSO, together with a detailed inventory thereof. The firm may retain a copy of such documents and software, and use such software for their own use with prior written approval of WSSO.
20.0 PAYMENT TERMS AND CONDITIONS:
Sl. No.
Activity Completion/ Report Submission Payment
1. Mobilization advance on Signing of Contract, submission of Bank Guarantee
5% Advance payment
2. Procurement of Resources, Training of field staff and Development of Survey Tools
5% Ist payment
3. Acceptance of 1st Quarterly Progress Report 20% IInd payment 4. Acceptance of 2nd Quarterly Progress Report. 20% IIIrd payment 5. Acceptance of 3rd Quarterly Progress Report. 20% IVth payment 6. Acceptance of 4th and Draft Final Report. 20% Vth payment 7. Acceptance of 4th and Final Report 10% Final payment
CONTRACT FOR AGENCY/FIRM’S SERVICES
Between
State Water & Sanitation Mission, Department of Rural Development, Government of Uttar Pradesh
And
(Name of the Agency/Firm)
Subject: "GPS based mapping and Water Quality Testing of Drinking Water Sources"
For
------------------------------ Zone.
No. /SWSM/WSSO/ Dated: August, 2012
This CONTRACT (hereinafter called the “Contract”) is made on the ( day) day of themonth of ( month), ( year) between the State Water & Sanitation Mission, Department of Rural Development, Government of Uttar Pradesh, 6-Sarojini Naidu Marg,Lucknow - 226 001 (hereinaftercalled the ‘Mission') of the First Part and, (name of Agency/Firm) (hereinafter calledthe ‘Vendor’) of the Second Part.
WHEREAS:
(a) The Vendor, having represented to the “Mission” that he has the requiredprofessional skill, personnel and technical resources, has offered to provide theservices in response to the Notice invitingExpression of Interest dated ………..issued by the Mission;
(b) The “Mission” has accepted the offer of the Vendor to provide the serviceson the terms and conditions set forth in this Contract.
NOW, THEREFORE, IT IS HEREBY AGREED between the parties as follows:
1. The following documents attached hereto shall be deemed to form an integralpart of this Contract:
(i) Conditions of Contract
(ii) Appendix: Terms of Reference
2. The mutual rights and obligations of the “Mission” and the “Vendor” shall beas set forth in the Contract, in particular:
(a) The Vendor shall carry out and complete the Services in accordance withprovisions of the Contract; and
(b) The “Mission” shall make payments to the Vendor in accordance withprovisions of the Contract.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed intheir respective names as of the day and year first above written.
In the presence of: Signed by:
For and on behalf of the State Water & Sanitation Mission, Department of Rural Development, Government of Uttar Pradesh.
Witnesses:
(i) Signed by
(ii) Vendor
CONDITIONS OF CONTRACT
1. GENERAL PROVISIONS
1.1 Definitions: Unless the context otherwise requires, the following termswhenever used in this Contract have the following meanings:
(a) “Applicable Law” means the laws and any other instruments having the force of law in Uttar Pradesh for the time being.
(b): “Mission” means State Water and Sanitation Mission, Department of Rural Development, Government of Uttar Pradesh.
(c) “Vendor” means any private or public entity that will provide theServices to the” Mission” under the Contract.
(d) “Contract” means the Contract signed by the Parties and all the attacheddocuments listed in its Clause 1 that is this Contract and the Appendices.
(e) “Day” means calendar day.
(f) “Effective Date” means the date on which this Contract comes into force
(g) “Government” means the Government of India
(h) “Local Currency” means Indian Rupees.
(i) “Party” means the “Mission” or the "Vendor", as the case may be, and“Parties” means both of them.
(j) “Personnel” means professionals and support staff provided by theVendors assigned to perform the Services or any part thereof .
(k) “Services” means the work to be performed by the Vendor pursuant tothis Contract, as described in the RFP hereto.
(l) “Sub-Vendors” means any person or entity to whom/which theVendor subcontracts any part of the Services.
(m) “Third Party” means any person or entity other than the “Mission”, orthe Vendor.
(n) “In writing” means communicated in written form with proof of receipt.
1.2 Relationship Between the Parties: Nothing contained herein shall be construedas establishing a relationship of master and servant or of principal and agent asbetween the “Mission” and the "Vendor". The Vendor, subject to thisContract, has complete charge of Personnel performing the Services and shall befully responsible for the Services performed by them hereunder.
1.3 Law Governing Contract: This Contract, its meaning and interpretation, and therelation between the Parties shall be governed by the applicable laws of Uttar Pradesh.
1.4 Headings: The headings shall not limit, alter or affect the meaning of thisContract.
1.5 Notices:
1.5.1 Any notice, request or consent required or permitted to be given ormade pursuant to this Contract shall be in writing. Any such notice, requestor consent shall be deemed to have been given or made when delivered inperson to an authorized representative of the Party to whom thecommunication is addressed, or when sent by registered post to such Partyat the followingaddress:
i). Mission: State Water & Sanitation Mission, Water & Sanitation Support Organization, Department of Rural Development, Government of Uttar Pradesh, G-3, Akshay Apartment, 2-Sarojini Naidu Marg, Lucknow - 226 001.
ii) Vendor: ( Name)… .( Designation)
Address:
1.5.2 A Party may change its address for notice hereunder by giving the other Partynotice in writing of such change to the address specified in Clause 1.5.1.
1.6 Zone covered:_______________________ Zone, comprising of three Commissionaires
_________________________________________________________________________
(Allahabad/Ghaziabad/Gorakhpur/Lucknow/Moradabad/Jhansi, 6 Zones comprising of three Commissionaires each).
1.7 Taxes and Duties: The Vendor shall be liable to pay such direct and indirecttaxes, duties, fees and other impositions levied under the applicable laws of Uttar Pradesh.
1.8 Fraud and Corruption:
1.8.1 Definitions: It is the Mission’s policy to require that Missions aswell as Vendors to observe the highest standard of ethics during theexecution of the Contract. In pursuance ofthis policy, the Mission defines, for the purpose of this provision, the termsset forth below as follows:
(i) “corrupt practice” means the offering, receiving, or soliciting, directly orindirectly, ofanything of value to influence the action of a public official in the selectionprocess or incontract execution;
(ii) “fraudulent practice” means a misrepresentation or omission of facts inorder to influence a selection process or the execution of a contract;
(iii) “collusive practices” means a scheme or arrangement between two ormore Vendors,with or without the knowledge of the Mission, designed to establish pricesat artificial,noncompetitive levels;
(iv) “coercive practices” means harming or threatening to harm, directly orindirectly, persons or their property to influence their participation in aprocurement process, or affect the execution of a contract;
1.8.2 Measures to be taken by the Mission: The Mission may, if itdetermines at any timethat the Vendor or Representatives of the Vendor were engaged incorrupt, fraudulent, collusive or coercive practices during the selectionprocess or the execution of that contract, (a) terminate the Contract, and /or (b) declare the Vendor ineligible, either indefinitely or for a Stated periodof time, to be awarded a contract .
2. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OFCONTRACT:
2.1 Effective Date of Contract: This ‘Contract’ shall come into force and effect on thedate of execution/signing of ‘Contract’ by the ‘Parties’.
2.2 Commencement of Services: The Vendor shall begin carrying out the Servicesnot later than 15 days after execution of the Contract.
2.3 Termination of Contract for Failure to Become Effective: If this Contract has notbecome effective within 15 days after execution, Mission may, by not less than7 days written notice to the other Party, declare this Contract to be null andvoid, and in such event, Vendor shall have no claim against the Missionwith respect hereto.
2.4 Expiration of Contract: Unless terminated earlier pursuant to Clause 2.3 or 2.8hereof, this Contract shall expire at the end of 1 year after the Effective Date asspecified in Clause 2.1 unless further extended by the Mission.
2.5 Modifications or Variations: (a) Any modification or variation of the terms andconditions of this Contract, including any modification or variation of the scopeof the Services, may only be made by written agreement between the Parties.
2.6 Force Majeure:
2.6.1 Definition
(a) For purposes of this Contract, “Force Majeure” means an event which isbeyond the reasonable control of a Party, is not foreseeable, isunavoidable and not brought about by or at the instance of the Partyclaiming to be affected by non-performance or delay in performance and which makes a Party’s performance of its obligations hereunderimpossible or so impractical as reasonably to be considered impossiblein the circumstances, and includes, but is not limited to, war, riots, civildisorder, earthquake, fire, explosion, storm, flood or other extremeadverse weather conditions, strikes, lockouts or other industrial action(except where such strikes, lockouts or other industrial action are withinthe power of the Party invoking Force Majeure to prevent, confiscationor any other action by Government agencies)
(b) Force Majeure shall not include (i) any event which is caused by thenegligence or intentional action of a Party (ii) any event which a diligentParty could reasonably have expected and taken into account at the timeof conclusion of this Contract,
(c) Insufficiency of funds or non-availability of personnel.
2.6.2 No Breach of Contract: The failure of a Party to fulfill any of itsobligations hereunder shall not be considered to be a breach of, ordefault under, this Contract insofar as such inability arises from anevent of Force Majeure, provided that the Party affected by such anevent has taken all reasonable precautions, due care and reasonablealternative measures, all with the objective of carrying out the termsand conditions of this Contract.
2.6.3 Measures to be taken:
(a) A Party affected by an event of Force Majeure shall continue to performits obligations under the Contract as far as reasonably practical, andshall take all reasonable measures to minimize the consequences of anyevent of Force Majeure.
(b) A Party affected by an event of Force Majeure shall notify the other Partyof such even as soon as possible, and in any case not later than 7 daysfollowing occurrence of such event, providing evidence of the nature andcause of such event, and shall similarly give written notice of therestoration of normal conditions as soon as possible.
(c) Any period within which a Party shall, pursuant to this Contract,complete any action or task, shall be extended for a period equal to thetime during which such Party was unable to perform such action as aresult of Force Majeure.
(d) During the period of their inability to perform the Services as a result ofan event of Force Majeure, the Vendor, upon instructions by the“Mission”, shall either:
(i) Demobilize; or
(ii) Continue with the Services to the extent possible, in which case theVendor shall continue to be paid proportionately and on pro-ratabasis, under the terms of this Contract.
(e) In case of disagreement between the Parties as to the existence or extentof Force Majeure, the matter shall be settled according to Clause 8.
2.7 Suspension: The “Mission” may, by written notice, suspend allpayments to the Vendor hereunder, if the Vendor fails toperform any of its obligations under this Contract, including carryingout of the Services, provided that such notice of suspension shall (i)specify the nature of the failure, and (ii) allow the Vendor to remedysuch failure within a period not exceeding 7 days after receipt of suchnotice.
2.8 Termination
2.8.1.1 Termination by the “Mission”: The “Mission” may terminate this Contractin case of the occurrence of any of the events specified in followingparagraphs (a) through (h) of this Clause:
(a) If the Vendor fails to remedy a failure in performance of its obligationshereunder, as specified in a notice of suspension pursuant to Clause 2.8hereinabove, within 7 days of receipt of such notice or within such furtherperiod as “Mission” may have subsequently approved in writing.
(b) If the Vendor becomes insolvent or go into liquidation or receivership.
(c) If the Vendor fails to comply with any final decision reached as a result ofarbitration proceedings pursuant to Clause 8 hereof.
(d) If the Vendor, in the judgment of the “Mission”, has engaged in corrupt orfraudulent practices in competing for or in executing this Contract.
(e) If the Vendor submits to the “Mission” a false Statement which has amaterial effect on the rights, obligations or interests of the “Mission”.
(f) If the Vendor places itself in position of conflict of interest or fails to disclosepromptly any conflict of interest to the Mission.
(g) If the Vendor fails to provide the quality services as envisaged under thisContract. The Technical Review Committee (TRC) formulated to monitorthe progress of the assignment may make judgment regarding the poor qualityof services and for any such deficiency, the reasons for which shall be recordedin writing. The TRC may decide to give one chance to the Vendor to improvequality of the services.
(h) If, as a result of Force Majeure, the Vendor is unable to perform a materialportion of the Services for a period of more than 30 days.
(i) If the “Mission”, in its sole discretion and for any reason whatsoever, decides toterminate this Contract.
2.8.1.2 In such an occurrence the “Mission” shall give a written notice of not lessthan 7 days for termination of the Contract.
2.8.2 Termination by the Vendor: The Vendor may terminate this Contract,by not less than 7 days’ written notice to the “Mission”, in case of occurrenceof any of the events specified in following paragraphs (a) through (d) of thethis Clause:
(a) If the “Mission” fails to pay any money due to the Vendor pursuant to thisContract and not subject to dispute pursuant to Clause 8 hereof within 15 daysafter receiving written notice from the Vendor that such payment is overdue.
(b) If, as the result of Force Majeure, the Vendor is unable to perform a materialportion of the Services for a period of not less than 30 days.
(c) If the “Mission” fails to comply with any final decision reached as a result ofarbitration pursuant to Clause 8 hereof.
(d) If the “Mission” is in material breach of its obligations pursuant to thisContract and has not remedied the same within 7 days or the period agreed bythe Vendor on receipt of the Vendor’s notice specifying such breach.
2.8.3 Cessation of Rights and Obligations: Upon termination of this Contractpursuant to Clauses 2.3 or 2.8 hereof, or upon expiration of this Contractpursuant to Clause 2.4 hereof, all rights and obligations of the Partieshereunder shall cease, except (i) such rights and obligations as may haveaccrued on the date of termination or expiration, (ii) the obligation ofconfidentiality set forth in Clause 3.3 hereof, (iii) the Vendor’s obligation topermit inspection and copying of their records set forth in Clause 356 and 3.6hereof, and iv) any right which a Party may have under the Law.
2.8.4 Cessation of Services: Upon termination of this Contract by notice of eitherParty to the other pursuant to Clauses 2.8.1 or 2.8.2 hereof, the Vendorshall, immediately upon dispatch or receipt of such notice, take all necessarysteps to bring the Services to a close in a prompt and orderly manner and shallmake every reasonable effort to keep expenditure for this purpose to aminimum.
2.8.5 Payment upon Termination: Upon termination of this Contract pursuant toClauses 2.8.1 or 2.8.2 hereof, the “Mission” shall make the followingpayments to the Vendor:
(a) If the Contract is terminated pursuant toClause 2.8.1 (g), (h) or 2.8.2, remuneration pursuant to Clause 6.3(h) hereoffor Services satisfactorily performed prior to the effective date of termination;
(b) If the agreement is terminated pursuant of Clause 2.8.1 (a) to (f), the Vendorshall not be entitled to receive any agreed payments upon termination of thecontract. However, the “Mission” may consider to make payment for the partsatisfactorily performed on the basis of Quantum Merit as assessed by it, if suchpart is of economic utility to the Mission. Applicable under suchcircumstances, upon termination, the “Mission” may also impose liquidateddamages as per the provisions of Clause 9 of this agreement. The Vendor willbe required to pay any such liquidated damages to “Mission” within 15 days oftermination date.
2.8.6 Disputes about Events of Termination: If either Party disputes whether anevent specified in paragraphs (a) through (g) of Clause 2.8.1 or in Clause 2.8.2hereof has occurred, such Party may, within 7 days after receipt of notice oftermination from the other Party, refer the matter as provided under Clause 8hereof, and this Contract shall not be terminated on account of such eventexcept in accordance with the decision in the matter.
3. OBLIGATIONS OF THE VENDOR
3.1 General
3.1.1 Standard of Performance: The Vendor shall perform the Services and carryout their obligations hereunder with all due diligence, efficiency and economy,in accordance with generally accepted professional standards and practices,and shall observe sound management practices, and employ appropriatePersonnel. The Vendor shall always act, in respect of any
matter relating tothis Contract or to the Services, as faithful adviser to the “Mission”, and shallat all times support and safeguard the Mission's legitimate interests in anydealing with Third Parties.
3.1.2 Performance Guarantee: The Vendor shall furnish a performance security,in the form of Bank Guarantee for an amount equal to 10% of the total annualcost of the project, which shall remain valid for a period of 03months beyond thedate of completion of all contractual obligations.
3.2 Conflict of Interests: The Vendor shall hold the Mission’s interestsparamount, without any consideration for future work, and strictly avoidconflict of interest with other assignments or their own corporate interests. Ifduring period of this contract, a conflict of interest arises for any reasons, theVendor shall promptly disclose the same to the Mission and seek itsinstructions.
3.2.1 Vendor and Affiliates Not to Engage in Certain Activities: The Vendoragrees that, during term of this Contract and after its termination, theVendor and any entity affiliated with the Vendor shall be disqualifiedfrom providing services resulting from or directly related to the Vendor’sServices for the preparation or implementation of the project.
3.3 Confidentiality: The knowhow generated from the Project would be the propertyof the ‘Mission’. Except with prior written consent of the “Mission”, theVendor and the Personnel shall not at any time communicate to any personor entity any confidential information acquired in course of the Services, norshall the Vendor and its Personnel make public the recommendationsformulated in the course of, or as a result of, the Services.
3.4 Subcontracts: the Vendor should execute the ‘Services’ through its owntechnical manpower and will not outsource the job, completely or partially,through any other Vendor.
3.5 Monitoring and Reporting Obligations: The “Vendor” shall extend all facilitiesto Technical Review Committee (TRC), as also experts and officersassigned by the “Mission” to monitor progress of the assignment, to overseethat the assignment is as per RFP/TOR and contractual conditions and to assessquality of deliverables and to accept/reject in part of the assignment, (b) TheVendor shall submit to the “Mission” draft reports as mentioned in the Terms of Reference (ToR) and make presentation of draft reports before theMission, and submit 20 copies of the final report within 7 days after theapproval of the draft final report by the “Mission”. Final report shall be delivered inpen drive in addition to the hard copies as specified in TOR.
3.6 Documents Prepared by the Vendor to be the Property of the “Mission”: Allplans, drawings, specifications, designs, reports, other documents and softwareprepared by the Vendor for the “Mission” under this Contract shall becomeand remain the property of the “Mission”, and the Vendor shall, not laterthan upon termination or expiration of this Contract, deliver all such documentsto the “Mission”, together with a detailed inventory thereof.
4. VENDORS’ PERSONNEL:
4.1. Description of Personnel: The title, agreed job description, minimumqualification and estimated period of engagement in the carrying out of theServices of each of the Vendor’s Key Personnel are as per the Vendor’sproposal.
4.2. Removal and/or Replacement of Personnel:
(a) If, for any reason beyond reasonable control of the Vendor, such asretirement, death, medical incapacity, among others, it becomes necessary toreplace any of the Personnel, the Vendor shall forthwith provide as areplacement a person of equivalent or better qualifications.
(b) If the “Mission” (i) finds that any of the Personnel has committed seriousmisconduct or has been charged with having committed a criminal action, or (ii)has reasonable cause to be dissatisfied with performance of any of thePersonnel, then the Vendor shall, at the “Missions written requestspecifying the grounds therefore, forthwith provide appropriate replacement bya person with equivalent or better qualifications and experience.
4.3 The Vendor shall nominate a Team Leader for the period of the assignmentwho will not be changed during the course of the assignment.
5. OBLIGATIONS OF THE “MISSION”
5.1 Assistance and Exemptions: The “Mission” shall provide to the Vendor anysuch assistance as may be appropriately required in connection with theassignment, such as issue of instructions to the concerned officials ofGovernment/organization, as may be necessary or appropriate for the promptand effective performance of the Services.
5.2 Payment: In consideration of the Services performed by the Vendor underthis Contract, the “Mission” shall make to the Vendor such payments and insuch manner as is provided by Clause 6 of this Contract.
6. PAYMENTS TO THE VENDOR
6.1 Total Cost of the Services
(a) The total cost of the Services payable (inclusive of all taxes, service charges etc.)is, as per the Vendor’s proposal to the Mission and as negotiated thereafter.
(b) Except as may be otherwise agreed under Clause 2.5 and subject to Clause 6.3,payments under this Contract shall not exceed the amount specified in Clause6.1(a).
6.2 Currency of Payment: All payments shall be made in Indian Rupees.
6.3 Terms of Payment:
a) The Vendor shall submit the invoice for payment when the payment is due asper the agreed terms. The payments in respect of the Services shall be made inseveninstallments as per terms & conditions given below:
b) First installment of 05% of the total fee will be paid after signing of contract,delivery of performance security (10% of the project cost).
c) Second installment of 05% will be paid after procurement of resources, training of field staff and development of survey tools
d) Third installment of 20% will be paid after completion of work of 25% samples and submission and acceptance of report by TRC
e) Fourth installment of 20% will be paid after completion of work of 50% samples and submission and acceptance of report by TRC
f) Fifth installment of 20% will be paid after completion of work of 75% samples and submission and acceptance of report by TRC
g) Sixth installment of 20% will be paid after completion of work of 100% samples and submission and acceptance of report by TRC
h) Seventh& Final installment of 10% will be paid on completion of work in allrespects and submission of final reports in hard copy (20 copies) alongwith softcopy which interalia include maps, site photographs, acquired data, conclusions,suggestions and recommendations to the satisfaction of the Mission
e)Once a milestone is completed, the Vendor shall submit the requisitedeliverables as specified in this Contract. The Mission shall release the requisitepayment upon acceptance of the deliverables. If the deliverables are not found tobe acceptable by the Mission or the Vendor has not carried out the work, heshall be liable to refund the advance of installment, if any, released to theVendor. However, if the Mission fails to intimate acceptance of thedeliverables or its objections thereto, within 30 days of receipt of it, the Missionshall release the payment to the Vendor without further delay.
f) Final Payment: The final payment shall be made only after acceptance of all thedeliverables as indicated in the TOR. The Services shall be deemed completed andReport finally accepted by the ‘Mission’ unless the ‘Mission’ gives a writtennotice to the ‘Vendor’ specifying in detail deficiencies in the ‘Services’, within30 days of receipt of final Report and relevant documents. The ‘Vendor’ shallthereupon promptly make any necessary corrections, and thereafter theforegoing process shall be repeated.
g) For the purpose of payment under Clause 6.3 (b) above, acceptance means:acceptance of the deliverables by the Mission after submission by theVendor and Vendor has made presentation to the Mission with/withoutmodifications to be communicated in writing by the Mission to the Vendor.
h) If the deliverables submitted by the Vendor are not acceptable to theMission, the Mission shall not release payment due to the Vendor. This iswithout prejudice to the Mission’s right to levy any liquidated damages underclause 9. In such case, the payment will be released to the Vendor only after itre-submits the Report and is accepted by the Mission.
i) All payments under this Contract shall be made to the account of the Vendor.
g) With the exception of the final payment under (c) above, payments do notconstitute acceptance of the Services nor relieve the Vendor of any obligationshereunder, unless the acceptance has been communicated by the Mission to theVendor in writing and the Vendor has made necessary changes as per thecomments / suggestions of the Mission communicated to the Vendor.
(i) In case of early termination of the contract, the payment may be made to theVendor on pro-rata basis in respect of the services, which are found to beuseful to the Mission.
7. FAIRNESS AND GOOD FAITH
7.1 Good Faith: The Parties undertake to act in good faith with respect to eachother’s rights under this Contract and to adopt all reasonable measures to ensurethe realization of the objectives of this Contract.
7.2 Operation of the Contract: The Parties recognize that it is impractical in thisContract to provide for every contingency which may arise during the life of theContract, and the Parties hereby agree that it is their intention that this Contractshall operate fairly as between them, and without detriment to the interest ofeither of them, and that, if during the term of this Contract either Party believesthat this Contract is operating unfairly, the Parties will use their best efforts toagree on such action as may be necessary to remove the cause or causes of suchunfairness, but
failure to agree on any action pursuant to this Clause shall notgive rise to a dispute subject to arbitration in accordance with Clause 8 hereof
8. SETTLEMENT OF DISPUTES
8.1 Amicable Settlement: Performance of the contract is governed by the terms &conditions of the contract. In case of dispute arises between the partiesregarding any matter under the contract, either Party of the contract may send awritten Notice of Dispute to the other party. The Party receiving the Notice ofDispute will consider the Notice and respond to it in writing within 7 days afterreceipt. If that party fails to respond within 7 days, or the dispute cannot beamicably settled within 15 days following the response of that party, clause 8.2shall become applicable.
8.2 Arbitration: In the case of dispute arising upon or in relation to or in connectionwith the contract between the Mission and the Vendor, which has not beensettled amicably, any party can refer the dispute for Arbitration under (Indian)Arbitration and Conciliation Act, 1996. Such disputes shall be referred to anArbitral Tribunal consisting of sole arbitrator appointed by the Chairman,State Water and Sanitation Mission/Principal Secretary, Department of Rural Development, Government of Uttar Pradesh. The Arbitration and Conciliation Act,1996 and any statutory modification or re-enactment thereof, shall apply tothese arbitration proceedings.
8.3. Arbitration proceedings shall be held at Lucknow and the language of the arbitrationproceedings and that of all documents and communications between the partiesshall be English.
8.4 The decision of the arbitrator shall be final and binding upon both parties. Theexpenses of the arbitrators as determined by the arbitrator shall be sharedequally by the Mission and the Vendor. However, the expenses incurred byeach party in connection with the preparation, presentation shall be borne by theparty itself. All arbitration awards shall be in writing and shall state the reasonsfor the award.
9. LIQUIDATED DAMAGES:
9.1 The parties hereby agree that due to negligence of act of any party, if the otherparty suffers losses, damages the quantification of which may be difficult, andhence the amount specified hereunder shall be construed as reasonableestimate of the damages and the Vendor party agree to pay such liquidateddamages, as defined hereunder as per the provisions of this Contract.
9.2 The amount of liquidated damages under this Contract shall not exceed 50% ofthe total value of the contract .
9.3 The liquidated damages shall be applicable under following circumstances:
(a)The payments will be made to the vendor after due validation of the data/ report submitted by the vendor. Deductions to the extent of twice the percentage variation found in the validation procedure shall be made from the payments due to the vendor.
(b) In case of non-performance in any form or shape of the terms and conditions of the contract, the Executive Director shall have the power to annul, rescind or cancel this contract and upon his notice in writing that he has done so, given by registered letter, the contract shall absolutely stand terminated on the date of issue of such notice.
10. MISCELLANEOUS PROVISIONS:
(i) “Nothing contained in this Contract shall be construed as establishing or creatingbetween the Parities, a relationship of master and servant or principal andagent.
(ii) Any failure or delay on the part of any Party to exercise right or power underthis Contract shall not operate as waiver thereof.
(iii) The Vendor shall notify the Mission of any material change in their status,in particular, where such change would impact on performance of obligationsunder this Contract.
(iv) The Vendor shall at all times indemnify and keep indemnified theMission/Government of Uttar Pradesh against all claims/damages etc. for anyinfringement of any Intellectual Property Rights (IPR) while providing itsservices under the assignment.
(v) The Vendor shall at all times indemnify and keep indemnified theMission/Government of Uttar Pradesh against any and all claims by Employees,Workman, agent(s), engaged or otherwise working for the Vendor, in respectof wages, salaries, remuneration, compensation or the like.
(vi) All claims regarding indemnity shall survive the termination or expiry of theContract.
(vii) It is acknowledged and agreed by all Parties that the staff employed for theproject are not employees of Mission and there is no representation of anytype, implied or otherwise, of any absorption, regularization, continuedengagement or concession or preference for employment of persons engaged bythe Vendor for any engagement, service or employment in any capacity inany office or establishment of the Government of Uttar Pradesh or the Mission.
(i) Name of the Agency/Firm :
Proforma for EoI
For
"GPS based mapping and Water Quality Testing of Drinking Water Sources"
(ii) Name of Contact Person : (With Mobile Number)
(iii) Address :
(iv) Phone Number with STD Code :
(v) Fax Number with STD code :
(vi) e-mail ID :
(vii) Details of GPS based mapping and water quality testing of drinking watersources carried out by the Agency/Firm for the Government departments, during 2007-08 and onwards, along with true copies of certificates of experience copies of work orders as well as the completion certificate :-
Sr. No.
Type of Activity
Level (National/State/District)
Title of the Project
Name, address, telephone No. and e-mail ID of the client
Duration of Project (in Months) & date of Start & Completion
Value of the Project (Rs. In Lakh)
No. of Drinking water Sources covered.
Duration Date of Start
Date of Completion
(viii) Projects/assignments carried out by the Agency/Firm on the similar nature of work :-
Sr. No.
Type of Activity
Level (National/State/ District)
Title of the Project
Name, address, telephone No. and e-mail ID of the client
Duration of Project (in Months) & date of Start & Completion
Value of the Project (Rs. In Lakh)
Services/ Products Delivered Duration Date of
Start Date of Completion
(ix) Annual turnover, along with the documentary evidence, of the Agency/Firm from the projects/assignments related to GPS based mapping and water quality testing of drinking water sources, carried out by the Agency/Firm during the following three years :-
Sr. No. Year Turnover (Rs. In Lakh) 1. 2009-10 2. 2010-11 3. 2011-12
(x) Profile of Team Leader (for the last 15 years) :-
Name :
Sr. No.
Position* Full time/ Part time
Academic Qualification* Ph.D./P.G.(with discipline and year)
No. of years of experience* in carrying out the work of GPS based mapping and water quality testing
(*Documentary evidence to be enclosed)
(xi) GPS equipment available for the study :-
Sr. No.
Name of Equipment
Number Technical Specifications
Details Owned Hired
CERTIFICATE
It is certified that:
1. The information given above is TRUE to the best of my knowledge. The Agency/Firm shall stand liable for any information given above which is later found to be FALSE, including the forfeiture of any payment due to it.
2. This Agency/Firm is fully equipped to handle this assignment and would implement this within the given time frame, to the best satisfaction of the Mission.
3. I am competent/authorized to sign this Certificate.
Date: Authorized Signatory
Place: Name:
Seal of the Agency/Firm: Designation: