Metro Rail Projects for Bhopal and Indore
(Madhya Pradesh Metro Rail Co Ltd)
CIN U75100MP2015SGC034434
RFP No. 01/GC/MPMRCL/2016
AMENDED RFP
(09/01/2017)
REQUEST FOR QUALIFICATION
CUM
REQUEST FOR PROPOSAL
REGARDING
SELECTION OF GENERAL CONSULTANT
FOR
METRO RAIL PROJECTS AT BHOPAL AND INDORE
M.D, MADHYA PRADESH METRO RAIL CO LTD(MPMRCL)
Address: Palika Bhawan
Shivaji Nagar, Bhopal, Pin – 462016
Madhya Pradesh, INDIA
MADHYA PRADESH METRO RAIL CO LTD Page | 2
Contents
DISCLAIMER ....................................................................................................................... 4
SECTION 1: LETTER OF INVITATION............................................................................. 5
SECTION 2 (Part-I): SELECTION PROCEDURES –ITC .................................................... 9
SECTION 2 (Part-II): SELECTION PROCEDURES - DATA SHEET ............................. 32
Attachment1:For Data sheet ................................................................................................... 40
Attachment 2: Format for Bank Guarantee for ―Bid Guarantee/EMD‖............................... 48
SECTION 3: SHORTLISTING (Pre-Qualification) OF CONSULTANT .......................... 51
Shortlisting Check sheet ....................................................................................................... 56
PRO-FORMA FOR SHORTLISTING OF CONSULTANT .............................................. 57
Annexure - 1: Letter for Proposal ........................................................................................ 59
Annexure - 2: Power of Attorney ......................................................................................... 62
Annexure- 2A: Power of Attorney for Lead member .......................................................... 64
Annexure-3: Memorandum of Understanding/ Joint Bidding Agreement ........................... 66
Annexure-4: Undertaking ..................................................................................................... 68
Annexure-5: Pending Litigation ........................................................................................... 69
Annexure - 6: Project Data Sheet ......................................................................................... 70
Annexure- 6A: Summary of Information provided in Annexure- 6 .................................... 73
Annexure - 7: Financial Data for Liquidity and Net Worth ................................................. 74
Annexure - 8: Financial Data of the Consultant ................................................................... 75
SECTION 4: TECHNICAL PROPOSAL ............................................................................ 77
TECH-1: Technical Proposal Submission Form .................................................................. 79
TECH-2: Consultant‘s Organization and Experience .......................................................... 80
TECH-3: Comments and Suggestions onTOR..................................................................... 86
TECH-5: Team Composition, .............................................................................................. 89
TECH-6: Curriculum Vitae (CV) for Proposed Key Experts .............................................. 90
TECH-7: Expert Schedule .................................................................................................... 94
TECH-8:Work Schedule ...................................................................................................... 96
TECH-9: Deployment Schedule .......................................................................................... 97
TECH-10: Acknowledgement of Compliance ..................................................................... 98
TECH-11: Curriculum Vitae (CV) for Proposed Non-Key Experts .................................. 100
TECH-12: Curriculum Vitae (CV) for Proposed Support Staff ......................................... 102
SECTION 5: FINANCIAL PROPOSAL ........................................................................... 104
FIN-1: Financial Proposal Submission Form ..................................................................... 105
FIN-2: Summary of Costs .................................................................................................. 106
FIN-3: Remuneration ......................................................................................................... 107
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SECTION 6: TERMS OF REFERENCE .......................................................................... 113
Attachment I: Executive Summary of DPR for Bhopal ..................................................... 144
Attachment II: Executive Summary of DPR for Indore ..................................................... 147
Attachment III (A): Positions and Number of Man-Months for Staff ............................... 150
Attachment III (B): Qualification and Experience Required for Key and Non-Key ......... 155
SECTION 7 (Part-I): CONTRACT CONDITIONS - FORM OF CONTRACT ............... 164
SECTION 7 (Part-II): CONTRACT CONDITIONS - GCC ............................................. 168
SECTION 7 (PART-III): CONTRACT CONDITIONS- SCC .......................................... 187
SECTION 7 (PART-IV): APPENDICES .......................................................................... 193
SECTION 8: ELIGIBLE SOURCE COUNTRIES OF MULTILATERAL/BILATERAL
LOANS......................................................................................................................... 202
SECTION 9: LIST OF DEVELOPING COUNTRIES...................................................... 204
RFP NO: 01/GC/MPMRCL/2016
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DISCLAIMER
The information contained in this Request for Qualification (RFQ) cum Request for Proposal
document (RFP) or subsequently provided to Applicants, whether verbally or in documentary or any
other form by or on behalf of the Managing Director of MPMRCL is provided to Applicants on the
terms and conditions set out in this RFQ cum RFP and such other terms and conditions subject to
which such information is provided.
This RFQ cum RFP may not be appropriate for all persons, and it is not possible for the MPMRCL,
its employees or advisers to consider the objectives, technical expertise and particular needs of each
party who reads or uses this RFQ cum RFP. The assumptions, assessments, statements and
information contained in this RFQ cum RFP, may not be complete, accurate, adequate or correct.
Each Applicant should, therefore check the accuracy, adequacy, correctness, reliability and
completeness of the assumptions, assessments and information contained in this RFQ cum RFP and
obtain independent advice from appropriate sources.
Information provided in this RFQ cum RFP to the Bidder is on a wide range of matters, some of
which depends upon interpretation of law. The information given is not an exhaustive account of
statutory requirements and should not be regarded as a complete or authoritative statement of law.
The MPMRCL accepts no responsibility for the accuracy or otherwise for any interpretation or
opinion on the law expressed herein.
The MPMRCL, its employees and advisers make no representation or warranty and shall have no
liability to any person including any Bidder under any law, statute, rules or regulations or tort,
principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or expense
which may arise from or be incurred or suffered on account of anything contained in this RFQ cum
RFP or otherwise, including the accuracy, adequacy, correctness, reliability or completeness of the
RFQ cum RFP and any assessment, assumption, statement or information contained therein or
deemed to form part of this RFQ cum RFP or arising in any way in this Selection Process
The MPMRCL also accepts no liability of any nature whether resulting from negligence or
otherwise however caused arising from reliance of any Bidder upon the statements contained in this
RFQ cum RFP.
The MPMRCL may in its absolute discretion, but without being under any obligation to do so,
update, amend or supplement the information, assessment or assumption contained in this RFQ cum
RFP.
The issue of this RFQ cum RFP does not imply that the MPMRCL is bound to select a consultant or
to appoint the Selected Consultant, as the case may be, for the Consultancy and the MPMRCL
reserves the right to reject all or any of the Proposals without assigning any reasons whatsoever.
The Bidder shall bear all its costs associated with or relating to the preparation and submission of its
Proposal including but not limited to preparation, copying, postage, delivery fees, expenses
associated with any demonstrations or presentations which may be required by the MPMRCL or
any other costs incurred in connection with or relating to its Proposal. All such costs and expenses
will remain with the Applicant and the MPMRCL shall not be liable in any manner whatsoever for
the same or for any other costs or other expenses incurred by an Applicant in preparation or
submission of the Proposal, regardless of the conduct or outcome of the Selection Process.
Sd-
(Vivek Aggarwal, IAS)
Managing Director
MPMRCL
RFP NO: 01/GC/MPMRCL/2016 SECTION 1: LETTER OF INVITATION
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SECTION 1: LETTER OF INVITATION
PROPOSAL DOCUMENT
FOR
SELECTION OF GENERAL CONSULTANT
FOR
METRO RAIL PROJECTS AT BHOPAL AND INDORE
RFP NO: 01/GC/MPMRCL/2016 SECTION 1: LETTER OF INVITATION
MADHYA PRADESH METRO RAIL CO LTD Page | 6
Letter of Invitation
MPMRCL/……, Date: -----------
Name of Consultant:
Address of Consultant:
Attention: Mr. /Ms.:
1. The Government of India (hereinafter called ―Borrower‖) has applied financing from
Bilateral/Multilateral funding agencies towards the cost of Madhya Pradesh Metro Rail
Projects for the cities of Bhopal and Indore (hereinafter called ―the Project‖)
2. The Madhya Pradesh Metro Rail Co Limited invites proposals to provide the General
consultancy services. Details on the services are provided in the Terms of Reference.
3. You are here by invited to submit proposal for consultancy services. You may be a
single entity or a JV/consortium, joining together to assist MPMRCL in implementing
the project. In case of group of entities the number of JV/consortium partners shall not
be more than total 3 (with no partner having less than 10% share/participation). i.e.
JV/Consortium with partner having less than 10% share/ participation shall not be
allowed and that JV/ Consortium shall be disqualified. The JV/consortium as a whole
must satisfy both Technical and Financial eligibility criteria but the partners will be
jointly and severally responsible. A member of the JV/Consortium, which participates in
more than one proposal, will cause all the proposals in which the member has
participated to be disqualified.
RFP NO: 01/GC/MPMRCL/2016 SECTION 1: LETTER OF INVITATION
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4. A Consultant will be selected under QCBS (Quality cum Cost Based Selection process
with 70% and 30% weights for Technical Proposal and Financial Proposal respectively)
as per procedures described in this RFP.
5. The RFP includes the following documents:
Section1–Letter of Invitation
Section 2 – Selection Procedures-Instructions to Consultant& Data Sheet
Section3 – Short listing of Consultant
Section4–Technical Proposal–Standard Forms
Section5–Financial Proposal–Standard Forms
Section6– Terms of Reference
Section7–Standard Form of Contract, GCC & SCC
Section8–Eligible Source Countries of Multilateral/Bilateral Loans
Section 9–List of Developing Countries
6. A complete set of the Request for Proposal RFP documents may be purchased by
interested Consultant(s) on the submission of tender document fee of Rs. 50,000/- non-
refundable (Excluding indirect taxes as applicable) through e-payment by
RTGS/NEFT/Credit Card as per online Tenders in e-tender portal of Government of
Madhya Pradesh.
7. Details on the proposal‘s submission date, time and address are provided in Clause 13.5
of the Instructions to Consultants (ITC).
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8. Schedule of important dates for this selection process is:
NOTE: Above dates & time are indicative in nature, as per requirement, MPMRCL can amend
the same.
Yours sincerely,
Sd/-
(VIVEK AGGARWAL, IAS)
MANAGING DIRECTOR
MADHYA PRADESH METRO RAIL CO LTD
Particulars
Clause
reference of
ITC
Scheduled Date and time
Sale period for PROPOSAL documents
ITC 13.5 14
th Feb 2017
17.30 hrs
2nd
Pre-proposal conference ITC 2.3
29th
Nov 2016
11.00 hrs
Last date of submission of suggestions on Addendum-III and
clarifications
ITC 9.1
and 9.2 1
st Dec 2016
Last date for issuance of Minutes of the 2nd
pre proposal
conference and addendum.
ITC 9.1
and 9.2 22
nd Dec 2016
Date for issuance of amended RFP ITC 9.1
and 9.2 09
th Jan 2017
Time and Date of the submission deadline for Proposal (online) ITC 13.5
15th
Feb 2017
15.30 hrs
Time and Date of the submission deadline for Proposal
(physical) ITC 13.5
16th
Feb 2017
15.30 hrs
Time & Date for Opening of ―Bid Guarantee/EMD and
proposal for shortlisting of consultant‖ ITC 13
16th
Feb 2017
16.30 hrs
Expected date for declaring shortlisted consultants ITC 15.2 24th
Feb 2017
Expected date for opening of Technical Proposal ITC 15.3
24th
Feb 2017
15.30 hrs
Expected date for opening of Financial Proposal ITC 15.5
20th
Mar 2017
15.30 hrs
Expected date for issuing LoI ITC 15.10 11th
April 2017
Expected date for execution of agreement ITC 16 25th
April 2017
Expected date for commencement of the Services ITC 18.2 29th
April 2017
RFP NO: 01/GC/MPMRCL/2016 SECTION 2(Part i): SELECTION PROCEDURE-ITC
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SECTION 2 (Part-I): SELECTION PROCEDURES –ITC
Instructions to Consultants (ITC)
PROPOSAL DOCUMENT
FOR
SELECTION OF GENERAL CONSULTANT
FOR
METRO RAIL PROJECTS AT BHOPAL AND INDORE
RFP NO: 01/GC/MPMRCL/2016 SECTION 2(Part i): SELECTION PROCEDURE-ITC
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Instructions to Consultants (ITC)
A. GENERAL PROVISIONS
1. Definitions As defined in General Condition of Contract (GCC).
2. Introduction
2.1 The Client named in the Data Sheet will select a consulting
firm/organization (the Consultant) from the shortlisted
Consultants in accordance with the QCBS method of selection.
2.2 The consultant needs to submit a ―Shortlisting of Consultant‖
Document, a Technical Proposal and a Financial Proposal, for
consulting services required for the assignment named in the Data
Sheet. The Proposal will be the basis for contract negotiations
and ultimately for a signed Contract with the selected Consultant.
2.3 The Consultants should familiarize themselves with the local
conditions relevant to the Services and take them into account in
preparing their Proposals; including attending a pre-proposal
conference if one is specified in the Data Sheet. Attending the
pre-proposal conference is optional and is at the Consultants‘
expense.
2.4 The Client will timely provide at no cost to the Consultants
the available inputs, relevant project data, and reports required
for the preparation of the Consultant‘s Proposal.
3. E-Tender
Procedure
3.1. Instruction to Bidder for e-Tendering
Note: Following conditions will over-rule the conditions stated
in the tender documents, wherever relevant and applicable.
E-Tendering:
For participation in e-tendering module of Directorate UAD, it
is mandatory for prospective bidders to get registration on
website www.mpeproc.gov.in. Therefore, it is advised to all
prospective bidders to get registration by making online
registration fee payment at the earliest.
The tender document can be downloaded from website
www.mpeproc.gov.in under Live Tenders against Department
name as ―Urban Administration and Development Department‖.
However, the tender document of those bidders shall be
acceptable who have made online payment for the tender
documents fee of Rs. 50,000/- (Rs. Fifty Thousand only)
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excluding all indirect taxes& gateway charges, without which
bids will not be accepted.
Service and gateway charges shall be borne by the bidders.
As per the directions of the Controller of Certifying Authorities,
Ministry of Communication and Information Technology,
Government of India, a Class III Digital Certificate shall be
required to bid for all tenders solicited electronically. If the
bidder does not have such certificate, it may be obtained from
any of the registering authorities or certification authorities
mentioned on ―http://cca.gov.in/cca/?q=licensed_ca.html‖.
Kindly note that it may take at least three to five business days
for the issue of a digital certificate. Bidders are advised to plan
their time accordingly. MPMRCL, shall bear no responsibility
for accepting bids which are delayed due to non-issuance or
delay in issuance of such digital certificate.
If bidder is bidding first time for e-tendering, then it is
obligatory on the part of bidder to fulfill all formalities such as
registration, obtaining Digital Signature Certificate etc. well in
advance.
Bidders are requested to visit our e-tendering website regularly
for any clarifications and/or due date extension or
corrigendum/addendum.
Bidder must positively complete online e-tendering procedure at
www.mpeproc.gov.in
MPMRCL shall not be responsible in any way for delay/
difficulties/ inaccessibility of the downloading facility from the
website for any reason whatsoever.
For any type of clarifications bidders/contractors can visit
www.mpeproc.gov.in and help desk contact No. 18002588684
If clarification is not provided it will be deemed as provisions of
RFP shall prevail.
The bidder who so ever is submitting the tender by his Digital
Signature Certificate shall invariably upload the scanned copy
of the Letter of Authorization by the Consultant as well as
submit the copy of the same in physical form with the offer of
this tender.
Apart from uploading e-tender on website, bidder has to submit
separate envelopes of:
1. EMD of INR 40 Million (Rupees Forty Million only)
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comprising of INR 10 Million in the form of DD and balance in
the form of Bank Guarantee (BG), and all relevant enclosures
for proposal for ―Shortlisting of consultant‖ in Envelop A;
EMD shall be uploaded and should also be sent in original,
along with proposal for shortlisting of consultant physically in
envelop stated above.
2. All relevant enclosures for ―Technical proposal‖ should be
placed in Envelop-B.
3. Envelop-A and Envelop-B be kept in separate sealed envelopes
in physical form (as well as both Envelops must be submitted
Online), the third envelope super scribing Envelop-C, refers
to financial proposal (which has to be submitted online only).
The envelope should be properly super scribed that this
envelope contains EMD, proposal for shortlisting of consultant
and Technical bid and other allied documents against respective
bid with due date & time of tender opening as per Bid- Key
Dates. This envelope should be submitted physically till date
and time of submission (as per Key Schedule). Bids received
within specified time (e-tender as well as physical submission)
shall only be opened on the date/time specified in presence of
the bidders or their authorized representatives, whosoever may
be present.
The prospective bidders will upload scanned self-certified
copies of requisite documents as required in e-tendering
process.
The Bid shall be accepted online up to 15th
February 2017,
The same shall be submitted physically at the office of the
client till 16th
February 2017, 15.30 hrs. at addressed
mentioned in the Data Sheet.
Those physically submitted documents will be acceptable and
considered, if, same are uploaded on the website along with the
financial proposal. Cognizance of other physically submitted
documents (if any) shall not be taken into consideration.
1. The physically submitted envelope of documents will be
opened and the tenders received without pre-requisite EMD
shall be rejected. The tender documents fee shall not be
refunded.
Earnest Money Deposit and the tender document fee:-
The Tender document fee of INR 50,000/- (Rs. Fifty Thousand
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only) excluding all indirect taxes & gateway charges is to be
paid by bidder by making Online Payment only against RFP
No. 01/GC/MPMRCL/2016.
The EMD of INR 40 Million (INR Forty Million only)
comprising of INR 10 Million in the form of DD and balance in
the form of BG is to be submitted by bidder drawn in favor of
Managing Director, MPMRCL from an Indian Scheduled
commercial Bank (excluding Cooperative Banks) as defined in
Section 2(e) of RBI Act, 1934. The documents relating to EMD
shall be uploaded as well as physically submitted along with
proposal for shortlisting of consultant in a sealed Envelope-A
super scribing ―EMD of INR 40 Million (INR Forty Million
Only) against RFP No: RFP No.01/GC/MPMRCL/2016.‖ The
EMD along with proposal for shortlisting of consultant must be
submitted in Envelop-A.
No Proposal will be accepted without valid earnest money
deposit and Tender Document fee paid Online.
The prospective bidders/Consultants, submitting EMD envelope
in physical form as detailed above for respective proposal, will
upload scanned self-certified copies of requisite EMD
documents on the website. Only those physically submitted
documents regarding EMD shall be acceptable and considered,
if, same are uploaded in the website along-with tender offer.
Any mismatch, if found in the documents submitted in physical
form and that uploaded online, the documents submitted
ONLINE shall be considered final and no justification regarding
this shall be entertained by the MPMRCL.
Technical bid: - Bidders must positively complete online e-
tendering procedure at www.mpeproc.gov.in. They shall have to
submit the documents as prescribed in the RFP online in the
website.
Hard copies of above technical offer, (uploaded in the website)
must be submitted in a separate sealed envelope supers scribing
―Envelop-A EMD and Proposal for Shortlisting of consultant
and Envelop-B Technical Proposal for RFP No:
01/GC/MPMRCL/2016 for selection of general consultant for
Bhopal and Indore Metro as prescribed in RFP. Only those
physically submitted documents regarding technical bids shall
be acceptable and considered, if, same are uploaded in the
website along with the Financial Proposal to be submitted
online only.
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Financial Proposal: - Bidder must submit the financial bid
document as per the format given in RFP/available Online and
uploaded as per instructions therein. If financial proposal is
submitted physically then proposal shall be rejected. The price
of technically qualified bidder shall be opened online at the
notified date. The bidder can view the price bid opening date by
visiting our web-site.
On the due date of tender opening, EMD along with proposal
for shortlisting of consultant and tender document fee (Envelop
A), will be opened online. Managing Director, MPMRCL
reserves the right for extension of due date of opening of
Envelop A, technical proposal (Envelop B) as well as Financial
Proposal (Envelop C).
Managing Director, MPMRCL reserves the right to accept or
reject any or all tenders without assigning any reason what so
ever.
In case, due date for Physical 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.
Any change/modifications/alteration in the RFP by the Bidder
shall not be allowed and such proposal shall be liable for
rejection.
For amendment, if any, please visit www.mpeproc.gov.in web
site regularly. In case of any bid amendment and clarification,
the responsibility lies with the bidders to note the same from
website of Directorate, Urban Administration and Development
Bhopal and MPMRCL. MPMRCL shall have no responsibility
for any delay/omission on part of the bidder.
3.2. Checklist for Bidders
Online Three envelope system shall be followed, but bidders
have to submit two envelopes physically also i.e.
Envelop A :
EMD
Proposal for Shortlisting of consultant:
Shortlisting Checksheet
Pro forma for Shortlisting of Consultant
Letter for Proposal
Power of Attorney
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Power of attorney for Lead member
Memorandum of Understanding
Undertaking
Pending Litigations
Project Data Sheet
Summary of Information provided in project data sheet
Financial Data for Liquidity and Net worth
Financial Data of the Consultant
Envelop B :
Technical Proposal
Note:
Envelop-C Financial Proposal should be Submitted online only
and Envelop-A and Envelop- B should be submitted online as
well as physically.
If Envelop-A and Envelop- B is not submitted physically then
bid shall be rejected.
Please note that in any case if price-bid/Financial Offer
submitted manually then bid shall be rejected.
Proposal for only those bidders will be considered for Opening,
who has submitted their Bid online as well as in physical form
as mentioned above.
4. Conflict of Interest
a. Impartiality
4.1 The Consultant is required to provide professional, objective, and
impartial advice at all times holding the Client's interests
paramount, strictly avoiding conflicts with other assignments or
its own corporate interests, and acting without any consideration
for future work.
b. Conflict of
Interest
4.2 The Consultant has an obligation to disclose to the Client prior to
bidding any situation of actual or potential conflict that impacts
its capacity to serve the best interest of its Client. Failure to
disclose such situations may lead to the disqualification of the
Consultant or the termination of its Contract.
Without limitation on the generality of the foregoing and unless
stated otherwise in the Data Sheet, the Consultant shall not be
hired under the circumstances set forth below:
Conflicting a. Conflict between consulting activities and procurement of goods
or non-consulting services: A Consultant that has been engaged
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Activities
to provide goods or non-consulting services for a project, or any
of its affiliates, shall be disqualified from providing consulting
services resulting from or directly related to those goods or non-
consulting services. Conversely, a Consultant hired to provide
consulting services for the preparation or implementation of a
project, or any of its affiliates, shall be disqualified from
subsequently providing goods or non-consulting services
resulting from or directly related to the consulting services for
such preparation or implementation.
Conflicting
Assignments
b. Conflict among consulting assignments: Neither a Consultant nor
any of its affiliates shall be hired for any assignment that, by its
nature, may be in conflict with another assignments of the
Consultant
Conflicting
Relationship
c. Relationship with Borrower's staff: A Consultant that has a close
business relationship with the Borrower's professional personnel
who are directly or indirectly involved in any part of: (i) the
preparation of the Terms of Reference for the assignment, (ii) the
selection process for the Contract, or (iii) the supervision of such
Contract, shall be disqualified.
One Bid per
Bidder
d. Based on the ―One Bid per Bidder‖ principle, which is to ensure
fair competition, a Consultant, and any affiliate that directly or
indirectly controls, is controlled by, or is under common control
with that Consultant shall not be allowed to submit more than one
proposal, either individually as a Consultant or as a member of a
Joint Venture/Consortium.
Others e. Any other form of conflict of interest other than (a) through (d) of
this ITC 4.2.
5. Corrupt and
Fraudulent
Practices
It is Client / funding agency’s policy to require that the
Consultant and the Client, as well as the Borrowers under
contracts funded with client / funding agency fund, shall
observe the highest standard of ethics during the
procurement and execution of such contracts. In pursuance
of this policy of client / funding agency:-
a. Will reject the result of evaluation of proposals if it determines
that the Consultant evaluated as the highest-ranked has engaged
in corrupt or fraudulent practices in competing for the contract in
question;
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b. Will recognize a consultant as ineligible, for a period determined
by client/ funding agency, to be awarded a contract funded with
client/ funding agency if it at any time determines that the
consultant has engaged in corrupt of fraudulent practices in
competing for, or in executing, another contract funded with
client/ funding agency, and
c. Will recognize a Consultant as ineligible to be awarded a contract
funded with client/ funding agency if the Consultant is debarred
under the cross debarment decisions by the Multilateral
Development Banks. Such period of ineligibility shall not exceed
three (3) years from (and including) the date on which the cross
debarment is imposed.
"Cross debarment decisions by the Multilateral Development
Banks" is a corporate sanction in accordance with the agreement
among the African Development Bank Group, Asian
Development Bank, European Bank for Reconstruction and
Development, Inter-American Development Bank Group and the
World Bank Group signed on 9 April, 2010 (as amended from
time to time). Client will recognize the World Bank Group's
debarment of which period exceeds one year, imposed after 19
July, 2010, the date on which the World Bank Group started
operating cross debarment, as "cross debarment decisions by the
Multilateral Development Banks." The list of debarred firms and
individuals is available at the electronic address specified in the
Data Sheet.
Client/ funding agency will recognize a Consultant as ineligible
to be awarded a contract funded with client/ funding agency if
the Consultant is debarred by the World Bank Group for the
period starting from the date of issuance of this Request for
Proposals up to the signing of the contract, unless (i) such
debarment period does not exceed one year, or (ii) three (3) years
have passed since such debarment decision. If it is revealed that
the Consultant was ineligible to be awarded a contract according
to above, client/ funding agency will, in principle, impose
sanctions against the Consultant and the contract will stand
cancelled.
Consultant will also be recognized ineligible if it is at present
debarred /blacklisted by Govt. of India/State Governments/PSUs
and if enters into contract.
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6. Eligibility 6.1 A shortlisted Consultant shall be incorporated and registered
in any of the eligible source countries indicated in Section 8.
In case a shortlisted Consultant is a Joint Venture/Consortium,
each Joint Venture/ Consortium member shall be incorporated
and registered in any of the eligible source countries indicated in
Section 8.
6.2 A Consultant that has been determined to be ineligible by client/
funding agency in accordance with ITC 4.2 and ITC 5 above
shall not be eligible to be awarded the contract.
6.3 The Services that may be provided under the Contract and
financed by Client/ funding agency, shall have as their country
of origin any of the eligible source countries indicated in
Section- 8.
6.4 Consultants shall provide such evidence of their continued
eligibility satisfactory to the Employer, as the Employer shall
reasonably request.
B. Preparation of Proposals
7. Preparation
of Proposals
7.1 In preparing the Proposal, the Consultant is expected to examine
the RFP (including shortlisting requirements) in detail. Material
deficiencies in providing the information requested in the RFP
may result in rejection of the Proposal.
7.2 The Consultant shall bear all costs associated with the
preparation and submission of its Proposal and contract
negotiation.
7.3 The Client is not bound to accept any proposal, and reserves the
right to annul the selection process at any time prior to Contract
award, without thereby incurring any liability to the Consultant.
7.4 The Proposal, as well as all related correspondence exchanged
by the Consultant and the Client, shall be written in the language
specified in the Data Sheet.
8. Proposal
Validity
8.1 The Data Sheet indicates the period during which the
Consultant‘s Proposal must remain valid after the Proposal
submission deadline.
8.2 During this period, the Consultant shall maintain its original
Proposal without any change, including the availability of the
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Key Experts, the proposed rates and the total price.
a. Extension of
Validity
Period
8.3 The Client will make its best effort to complete negotiations
within this period. However, if required the Client may ask, in
writing, all Consultants to extend the validity period of their
Proposals. Consultants who agree to such extension shall
confirm that they will maintain the availability of the Key
Experts named in the Proposal.
8.4 Consultants, who do not agree, have the right to refuse to extend
the validity of their proposals in which case their Proposals will
not be further evaluated.
b. Substitution
of Key
Experts at
Validity
Extension
8.5 If any of the Key Experts become unavailable for the extended
validity period, the Consultant shall provide a written adequate
justification and evidence satisfactory to the Client together with
the substitution request. In such case, a replacement Key Expert
shall have equal or better qualifications and experience than
those of the originally proposed Key Expert. The technical
evaluation score, however, will remain to be based on the
evaluation of the CV of the original Key Expert.
9. Clarification and Amendments of RFP
a. Clarification
of RFP
9.1 Consultants may request a clarification of any of the RFP
documents up to the number of days indicated in the Data Sheet
before the proposal submission deadline date. Any request for
clarification must be sent via email to
[email protected]. The Client will respond in writing
and upload the clarification on e-tendering portal. Should the
Client deem it necessary to amend the RFP as a result of a
clarification, it shall be done by following the procedure under
ITC 9.2. If clarification is not given then it should be understood
that provisions of RFP shall prevail.
b. Amendment
of RFP
9.2 The Client may amend the RFP by issuing an
addendum/corrigendum in writing or by standard electronic
means in sufficient time before the submission of Proposals. The
addendum/corrigendum/Clarification (if any) shall be uploaded
on e-tendering portal i.e. www.mpeproc.gov.in and shall be
binding on consultant/bidding entity. The Consultant shall
acknowledge receipts of all the amendments. To give
Consultants reasonable time in which to take an amendment into
account in their Proposals the Client may, if the amendment is
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substantial, extend the deadline for the submission of Proposals.
9.3 The Consultant may submit a modified Proposal or a
modification to any part of it at any time prior to the proposal
submission deadline. No modifications to the Proposal shall be
accepted after the deadline.
10. Preparation
of Proposals –
Specific
Considerations
10.1 While preparing the Proposal, the Consultant must give
particular attention to the following:
i. This proposal is a one stage three Envelop system, consultant
have to submit ―EMD‖ along with proposal for ―Shortlisting of
Consultant‖, ―Technical proposal‖ & ―Financial Proposal‖
ii. The consultants/JVs/Consortium who fulfill the criteria of
―shortlisting of consultant (initial filter)‖ will only be eligible for
further evaluation of ―technical proposal‖
iii. Technical Proposal of the consultants/JVs/Consortium who
doesn‘t fulfill the initial requirements (―shortlisting of
consultant‖) will not be evaluated and will be returned
unopened.
iv. For the purpose of submitting a proposal, a Consultant (lead
member) may enhance its expertise for the assignment by
Forming a Joint Venture/consortium with other firms as per
provisions of RFP.
10.2 In the event that the Consultant constitutes a Joint
Venture/consortium, the Consultant shall submit (i) a copy of the
Joint Venture/ consortium Agreement/MOU (Annexure-3 of
Section 3) with its Proposal, and (ii) a power of attorney
(executed by all members) that authorizes the designated lead or
managing member of the Joint Venture/ consortium to act for
and on behalf of the Joint Venture/ consortium and to legally
bind such Joint Venture/ consortium in any contractual or similar
documentation (Annexure 2 & 2A of section 3).
i. The Joint Venture/ consortium Agreement shall identify the lead
member. All members in a Joint Venture/ consortium shall sign
the Proposal unless the lead member is nominated to do so in the
power of attorney.
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ii. Consultants shall not propose alternative Key Experts. Only one
CV shall be submitted for each Key Expert position. Failure to
comply with this requirement will make the Proposal non-
responsive.
11. Technical
Proposal
Format and
Content
11.1 The Technical Proposal shall provide the information indicated
in the following paragraphs from (i) to (vii) using the attached
Standard Forms (Section 4). The following table summarizes the
content and recommendation for number of pages. A page is
considered to be one printed side of A4 or letter size paper.
Voluminous Technical Proposals substantially exceeding the
number of pages indicated below may not be evaluated.
Technical proposal
submission form
(TECH 1)
Experience of the Firm i. About two (2) pages introducing the
Consultant‘s organization and
general experience (TECH-2A)
ii. About sixty (60) pages of relevant
completed projects illustrating the
Consultant‘s relevant experience
(TECH-2B). No promotional
material should be included
Suggestion/Comments on
terms of reference
No limit, but should be concise and to
the point (TECH-3).
General approach and
methodology, work plan
Maximum of fifty (50) pages
inclusive of charts and diagrams
(TECH-4).
Team Composition, Task
Assignments and Summary
of CV Information
(TECH-5)
Key Experts‘ CVs Maximum of five (5) pages for each
Key Expert‘s CV ( TECH-6)
Expert schedule (TECH-7)
Work Schedule (TECH-8)
Deployment Schedule (TECH-9)
Acknowledgement of (TECH-10)
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Compliance
Non-Key Experts‘ CVs (TECH-11)
Support Staff CVs (TECH-12)
i. A brief description of the Consultants‘ organization and an
outline of recent experience of the Consultants and, in the case
of Joint Venture/Consortium, for each member, on assignments
of a similar nature are required in TECH-2. For each assignment,
the outline should indicate the names of JV/consortium
partners/experts who participated, duration of the assignment,
contract amount, and Consultant‘s involvement. Information
should be provided only for those assignments for which the
Consultant was legally contracted individually as corporate
entity or, as a lead firm or one of members within a Joint
Venture/ consortium. Assignments completed by individual
Experts working privately or through other consulting firms
cannot be claimed as the experience of the Consultant, or that of
the Joint Venture/ consortium members, but can be claimed by
the Experts themselves in their CVs. Consultants should be
prepared to substantiate the claimed experience if so requested
by the Client.
ii. Comments and suggestions for modification or improvement to
the Terms of Reference to enhance performance in carrying out
the assignment should be mentioned (such as deleting some
activity you consider unnecessary, or adding others, or
proposing a different phasing of the activities, any
innovative/creative suggestions that has a positive impact on
overall project) in ―Tech-3: Comments and Suggestions on
TOR”. Financial applicability of such comments and
suggestions shall be included in the FIN-3D of Financial
Proposal.
iii. A description of the approach, methodology and work plan for
performing the assignment covering the following subjects:
technical approach and methodology, staffing for training, work
plan, and organization and Expert schedule. Guidance on the
content of this section of the Technical Proposals is provided
under TECH-4. The work plan should be consistent with the
Work Schedule (TECH-8) and Deployment schedule (TECH-9)
which has to be shown in the form of a bar chart about the
timing proposed for each activity.
iv. The list of the proposed team by area of expertise, the position
that would be assigned to each team member, their tasks and a
summary of essential CV information (TECH-5).
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v. CV‘s of the key experts shall be signed in ink/digitally signed by
the Key Experts themselves and by the authorized representative
submitting the proposal (TECH-6).‖At the time of contract signing
original signature of key experts shall be submitted.
vi. Estimates (man-months) of the Experts needed to carry out
the assignment (TECH-7): The man- months input should be
indicated for field/on-site/back-office activities. Any Back office
working necessarily required to perform the Services for Terms
of Reference will be paid as per Financial Proposal and
Deployment Schedule.
vii. The Acknowledgement of Compliance with the Guidelines for
Employment of Consultants (TECH-10). The Consultant's
authorized representative shall sign and date this Form on behalf
of the Consultant.
11.2 The Technical Proposal shall not include any financial
information. A Technical Proposal containing material financial
information shall be declared non responsive.
12. Financial
Proposals
Format and
Content
12.1
i. The Financial Proposal shall be prepared using the Standard
Forms provided in Section 5 of the RFP. The minimum number
of man-months required to carry out the Services is indicated in
the Data Sheet for information. It shall list all costs associated
with the assignment, including remuneration for Key Experts,
Non-Key Experts and support staff.
ii. The Financial Proposal requires completion of three forms, FIN-
1 to FIN-3 shown in Section 5.
iii. FIN-1 is the Financial Proposal Submission Form.
iv. FIN-2 summarizes the proposed cost(s) in INR currency. It shall
list all costs associated with the assignment, including
remuneration, allowances and other overheads. The total
amounts of remuneration in FIN-2 shall be consistent with those
amounts in FIN-3.
v. FIN-3 comprising of FIN-3A, 3B, 3C & 3D, provided for
remuneration and other over heads.
vi. All activities and items described in the Technical Proposal must
be priced. Any activity related omissions, any activities or items
described in the Technical Proposal but not priced, shall be
assumed to be included in the prices of other activities or items
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provided for in the Financial Proposal.
vii. For remuneration related costs, for evaluation purposes only, if
less than the minimum number of man-months specified in the
Data Sheet is provided in the Technical Proposal, the relevant
Financial Proposal will be adjusted to reflect the difference
between the proposed number of man-months and the number of
the minimum man-months. Such an adjustment will be made for
each of the Experts through adding the amount obtained as
follows:
Aad = (Mmin–Mpro) × RRh
where:
Aad: Amount adjusted
Mmin: Minimum no. of man-months as specified in ―Data
Sheet-15‖
Mpro: Number of man-months proposed
RRh: The highest remuneration rate per month in respective
position among all the Proposals
(a) Taxes 12.2 The Consultant and Experts are responsible for meeting all tax
liabilities arising out of the Contract unless otherwise stated in
the Data Sheet. Information on taxes in India is provided in the
Data Sheet. Any local indirect taxes as payable by the Client in
terms of Clause 13 of Section 7: Special Conditions of Contract
will be excluded at financial evaluation, but they will be
discussed at Contract negotiations, and applicable amounts will
be included in the Contract value.
(b) Currency
of
Proposal
and
Payment
12.3 Consultants shall express the price of their services in INR.
12.4 Payments under the Contract shall be made in INR only.
C. Submission, Opening and Evaluation
13. Submission,
Receipt, and
Opening of
Proposals
13.1 The Consultant shall submit a signed and complete Proposal
comprising the documents and forms in accordance with ITC 3,
12 and 13. The submission of complete proposal is to be done
via electronic tendering system of GoMP and original copy of
EMD along with one hard copy of Shortlisting of Consultant
(Envelope A) & one hard copy of Technical proposal (Envelope
B) is to be submitted at the address mentioned in data sheet as
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per [ITC clause 3].The financial proposal (Envelop C) shall be
submitted online only.
13.2 The Proposal shall contain no interlineations or overwriting,
except as necessary to correct errors made by the Consultants
themselves. The person who signed the proposal must initial
such corrections. Submission letters for all the three documents–
―Shortlisting of Consultant (initial filter)‖, Technical and
Financial Proposals should be in the format of Annexure 1 of
Section 3, TECH-1 of Section 4 and FIN-1 of Section 5,
respectively, including required attachments, if any.
It is expressly clarified that before submitting the bid the
bidder must have examined carefully the contents of all the
documents and any failure to comply with any of the
requirement of this document will be a bidder‘s risk.
While submitting the proposal the bidder would submit a
certification that they have:
i. Made a complete and careful examination of requirements and
other information set forth in this tender Document
ii. Made a complete and careful examination of the various
aspects of the Project including but not limited to:
The Project site
All matters that might affect the bidder‘s performance
during the Construction of the Project, if awarded
MPMRCL shall not be liable for any mistake or error or
neglect by the bidder in respect of the above.
13.3 An authorized representative of the Consultants shall digitally
sign Financial Proposal. The authorization shall be in the form
of a written power of attorney accompanying the Proposal.
13.4 The original ―BID GUARANTEE/EMD and PROPOSAL FOR
SHORTLISTINGOF CONSULTANT” and ―TECHNICAL
PROPOSAL‖ shall be placed in a sealed envelope clearly
marked ―BID GUARANTEE/EMD and PROPOSAL FOR
SHORTLISTINGOF CONSULTANT:(Envelope A)‖ and
―TECHNICAL PROPOSAL: (Envelope B)‖. TECHNICAL
PROPOSAL should be clearly marked ―DO NOT OPEN
WITH THE BID GUARANTEE/EMD and PROPOSAL
FOR SHORTLISTING OF CONSULTANT”. The Financial
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proposal (Envelope C) is to be submitted online only.
Submission in any other form shall not be acceptable. The
envelopes containing the ―EMD‖, copy of the proposal for
―Shortlisting of Consultant‖ and ―Technical proposal‖ shall be
placed into an outer envelope and sealed. This outer envelope
shall bear the submission address, reference number and be
clearly marked "DO NOT OPEN, EXCEPT IN PRESENCE
OF THE OFFICIAL APPOINTED, BEFORE [insert the
time and date of the submission deadline indicated in the Data
Sheet]". The Client shall not be responsible for misplacement,
lost or premature opening if the outer envelope is not sealed
and/or marked as stipulated. This circumstance may be lead to
Proposal rejection.
13.5 The Proposals must be sent to the address indicated in the Data
Sheet and received by the Client no later than the time and the
date indicated in the Data Sheet, or any extension to this date in
accordance with ITC 9.2. Any proposal received by the Client
after the deadline for submission shall be returned unopened.
14. Substitution
and
Modifications
14.1 The Consultants may substitute or modify their Proposal after it
has been submitted by sending a written notice, duly signed by
an authorized representative. However Consultant must
substitute or modify their proposal submitted online
accordingly, failing so, the physically submitted substitution or
modification will not be entertained (Substitution or
modification to Financial proposal should be done online only)
before the last date and time of online submission. The
corresponding substitution or modification of the Proposal must
accompany the respective written notice. All notices must be:
a. Prepared and submitted in accordance with ITC 13.1 through
ITC 13.5, and in addition, the respective envelopes shall be
clearly marked
b. Received by the Client prior to the deadline prescribed
for submission of Proposal, in accordance with ITC 13.5.
14.2 Respective Envelopes marked ―SUBSTITUTION‖ shall be
opened on respective dates, only if it is submitted online also.
The envelopes containing the Proposal for Shortlisting of
consultant and/or Technical Proposal marked substitution shall
be exchanged for the corresponding envelopes being
substituted, which are to be returned to the Consultant
unopened (Substitution to Financial proposal should be done
online only). No envelope shall be substituted unless the
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corresponding ―substitution notice‖ contains a valid
authorization to request the substitution is submitted online
also.
14.3 Respective Envelopes marked ―MODIFICATION‖ shall be
opened on respective dates along with the Original proposal
Envelops, only if it is submitted online also (Modification to
Financial proposal should be done online only). No Proposal
shall be modified unless the corresponding modification notice
contains a valid authorization to request the modification is
submitted online also.
15. Proposal
Evaluation
15.1 Except for the written communications for clarification of the
Proposals, from the time the Proposals are opened to the time
the Contract is awarded, the Consultants should not contact the
Client on any matter (other than for seeking any clarification)
related to its Shortlisting of Consultant, Technical and Financial
Proposal. Any effort by Consultants to influence the Client in
the examination, evaluation, ranking of Proposals, and
recommendation for award of Contract may result in the
rejection of the Consultants‘ Proposal.
15.2 The client, on the respective due dates, shall open Envelop A
(containing e-receipts of tender document fee and Bid
Guarantee/EMD along with shortlisting of consultant).If found
correct, then only Envelop B shall be opened and Client shall
evaluate the ―Technical proposal‖ on the basis of criteria
mentioned in the data sheet. Consultant who qualifies the
―Shortlisting of Consultant(initial filter)‖ shall be evaluated
further. Proposal of Consultants who do not qualify this
―Shortlisting of Consultant (initial filter)‖ will not be evaluated
further and shall be returned unopened.
The Financial Proposals shall not be opened until the technical
evaluation is concluded.
a. Evaluation of
Technical
Proposal
15.3 The Client shall evaluate the Technical Proposals on the basis
of their responsiveness to the RFP with reference to the Terms
of Reference, applying the evaluation criteria, sub-criteria, and
point system specified in the Data Sheet. Each responsive
Proposal will be given a technical score (St). A Proposal shall
be rejected at this stage if it does not respond to mandatory
aspects of the RFP, and particularly to the Terms of Reference
or if it fails to achieve the minimum technical score indicated in
the Data Sheet.
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15.4 After the technical evaluation is completed, the Client will
notify those Consultants whose Proposals did not meet the
minimum qualifying mark or were considered non-responsive to
the RFP, and their financial proposal will not be opened.
b. Opening of
Financial
Proposal
15.5 The expected date for the public opening of the Financial
Proposals is indicated in the Data Sheet. Financial proposal of
only those consultants who have secured the minimum
qualifying marks shall be opened.
15.6 Financial Proposals shall be opened in the presence of the
Consultant‘s representatives who choose to attend. The name of
the Consultants; and the technical scores of the Consultants
shall be read aloud. Financial Proposals of technically qualified
consultants shall be then opened, and the total prices be read
aloud and recorded.
c. Evaluation of
Financial
Proposal
15.7 The Client will review the detailed content of each Financial
Proposal and also the congruency of the Technical and
Financial Proposal. Financial Proposals will be reviewed to
ensure that, these are:
In case of any activity related omissions, or any activity/items
described in the Technical Proposal is not priced, the Client
will price them by applying the highest unit cost of the omitted
item from the Financial Proposals of the other Consultants and
will be added to the offered price as per the formula mentioned
in ITC 12.1 (vii). In case of quantity reduction, on the basis of
rate mentioned by the consultant cost will be calculated and
will be added to the offered price. Any arithmetical errors shall
also be corrected. When correcting computational errors, in
case of discrepancy between:
(a) a partial amount and the total amount, the partial amount
shall prevail;
(b) words and figures, the words shall prevail.
The evaluated total price (ETP) for each Financial Proposal will
be determined. The ETP excludes non-competitive
components.
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(i). In compliance with the requirements set forth in the Data Sheet,
the validity period of the Consultant‘s Proposals must accord
with the validity period indicated in the Data Sheet. Provision
for a discount in any Financial Proposal is not permissible and
the ETP for each Financial Proposal will be determined without
applying any discount.
15.8 The lowest evaluated Financial Proposal will receive the
maximum score of 100 marks. The score for every other
Financial Proposal is inversely proportional to its ETP and will
be computed as follows:
Sf = (100 ×Fmin)/F
where:
Sf: is the financial score of the Financial Proposal being
evaluated,
Fmin: is the ETP of the lowest priced Financial Proposal
[Single Financial proposal for Bhopal (PIU), Indore
(PIU) and HO (PMU)],
F: is the ETP of the Financial Proposal under
consideration [Single Financial proposal for Bhopal
(PIU), Indore (PIU) and HO (PMU)].
15.9 After completion of evaluation of Technical and Financial
Proposals, final ranking of the Proposals will be determined.
This will be done by normally applying a weightage as
specified in the Data Sheet to the technical and financial score
of each evaluated qualifying Technical and Financial Proposal
and then computing the relevant combined total score for each
Consultant as follows:
TS = (Tw× St) + (Fw× Sf)
where :
TS : Total Score
Tw : Technical Weightage
St : Technical Score
Fw : Financial Weightage
Sf : Financial Score
15.10 After final ranking, the first-ranked Consultant with highest
Total Score will be invited for contract negotiations. After
which LOI shall be issued.
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D. Negotiations and Award
16. Negotiations 16.1 The negotiations will be held at the date and address as decided
by the client, with the Consultant‘s Representative who must
have written power of attorney to negotiate and sign a Contract
on behalf of the Consultant.
16.2 The consultant shall submit the negotiated offer duly signed to
the client.
a. Availability of Key Experts
16.3 The invited Consultant shall confirm the availability of all Key
Experts included in the Proposal as a pre-requisite to the
negotiations, or, if applicable, a replacement in accordance
with GCC.
b. Technical Negotiations
16.4 The negotiations include but not limited to discussions of the
Terms of Reference (TOR), the proposed methodology, the
Client‘s inputs, the special conditions of the Contract, and
finalizing the ―Description of Services‖ part of the Contract.
These discussions shall not substantially alter the original scope
of services under the TOR or the terms of the contract, lest the
quality of the final product, its price, or the relevance of the
initial evaluation be affected.
c. Financial Negotiations
16.5 The financial negotiations will include a clarification of the
Consultant‘s tax liability in India and how it will be reflected in
the Contract; and to reflect the agreed technical modifications in
the cost of the services.
16.6 The financial negotiations will, if necessary, fine-tune duration
of the Expert's inputs and quantities of items that may be
increased or decreased from the relevant amounts shown or
agreed otherwise in the Financial Proposal but without
significant alterations.
17. Conclusion of
the
negotiations
Negotiations will conclude with a review of the draft Contract
Agreement. To complete negotiations the Client and the
Consultant will initial the agreed Contract Agreement.
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18. Award of
Contract
18.1 After completing negotiations the Client shall award the
Contract to the successful Consultant and notify the other
Consultants who have submitted proposals that they were
unsuccessful.
18.2 The successful Consultant is expected to commence the
Services on the date and at the location specified in the Data
Sheet.
19. Confidentiality Information relating to evaluation of Proposals and
recommendations concerning awards shall not be
disclosed to the Consultants who submitted the Proposals or to
other persons not officially concerned with the process, until the
award of Contract.
20. Duration of
Project
Duration of project will be 4 years i.e. 48 months and Defect
Liability Period (DLP) will be 12 months over and above 4
years.
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SECTION 2 (Part-II): SELECTION PROCEDURES - DATA SHEET
PROPOSAL DOCUMENT
FOR
SELECTION OF GENERAL CONSULTANTS
FOR
METRO RAIL PROJECTS AT BHOPAL AND INDORE
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Data Sheet
Clause
No
Particulars Reference
of ITC
1 Name of the Client:
MADHYA PRADESH METRO RAIL CO LTD.(MPMRCL)
2.1
2 Name of the assignment:
SELECTION OF GENERAL CONSULTANTS FOR METRO RAIL
PROJECTS AT BHOPAL AND INDORE
2.2
3 Duration of Project: 48 Months for implementation and 12 months for
DLP
20
4 Method of selection: Quality cum Cost Based Selection (QCBS) –
70:30
Technical Weightage (Tw) : 70 %
Financial Weightage (Fw) : 30 %
1
5 Client:
MADHYA PRADESH METRO RAIL CO LTD
Palika Bhawan
Shivaji Nagar, Bhopal, Pin – 462016
Madhya Pradesh, INDIA
Telephone: +91-755-2552730
E-mail: [email protected]
1
6 The Client will provide,
i. Project data, reports etc. as per availability.
ii. office space
2.4
7 A list of debarred firms and individuals is available at the World Bank‘s
website: www.worldbank.org/debarr
5 (c)
8 Evaluation will be done as per clause 3 and clause 16 of Section 2, Part
I: INSTRUCTIONS TO CONSULTANTS (ITC).
3 and 15
9 A single Technical Proposal but with core team at PMU (HO) &
separate teams in PIU‘s for each city (Bhopal & Indore) needs to be
submitted. Core team shall be deployed at PMU (HO) only, as
mentioned in Section 6, Annexure –III A(E-1 and E-2) & Annexure -III
12
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B(E-1 and E-2)
Single Financial proposal for Bhopal (PIU), Indore (PIU) and HO
(PMU) is to be submitted.
10 Offer from a consultant shall be considered ineligible if the consultant
or any of its constituents have been barred/ blacklisted for suspension of
business by central government/state government/public sector
undertaking in India as on date of submission of proposal.
5(c)
11 Proposals shall be submitted in English
All accurate translations must be notarized by a notary of respective
country and legalized by the concerned Ministry of External
Affairs/Ministry of Foreign Affairs/Embassy/High Commission of
India in respective countries. However, in case such entity is from a
country which has signed The Hague Legislation Convention1961, then
the said translation is not required to be legalized by the Indian
Embassy if it carries a conforming Apostle certificate.
7.4
12 Proposals must remain valid up to180 days from Date for Opening of
―Bid Guarantee/EMD and proposal for shortlisting of consultant‖ as
specified in point No. ―8: Schedule of important dates for this selection
process‖ of ―Section-1: Letter of Invitation‖.
8.1
13 Clarifications may be requested by Consultants/Bidders on following
email id :-
E-mail: [email protected]
and clarification(if any)/corrigendum/addendum will be uploaded on e –
tendering portal i.e. www.mpeproc.gov.in
9.1and 9.2
14 Not with standing anything contrary contained in ITC 12, 13 and 14;
a. the Consultant shall submit with its Proposal a Bid Guarantee/EMD
for the sum INR 40 Million (INR Forty Million) comprising of
INR 10 Million in the form of DD and balance in the form of BG
issued from an Indian Scheduled commercial Bank (excluding
Cooperative Banks) as defined in Section 2(e) of RBI Act, 1934
read with Attachment 2 to Data Sheet. The Bid Guarantee (DD and
BG both) shall remain valid for a period of 60 (sixty) days beyond
the validity of the Proposal, as specified in point No. ―12: of
DataSheet‖.
b. The Bank Guarantee (BG) of a JV/Consortium must be issued in
favor of Managing Director, MPMRCL on behalf of Lead Member
of the JV/Consortium and also indicate names of all other members
3 and 13.4
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in the bank guarantee.
c. Soft copies of Bid Guarantee /EMD(DD and BG both) is to be
submitted along with proposal for shortlisting of Consultant online
via e-tender portal of GoMP and original copies is to be submitted
along with proposal for shortlisting of Consultant in envelope A.
d. Any Proposal not accompanied by an acceptable Bid Guarantee
shall be rejected by the Client as non-responsive.
e. The Bid Guarantee of the successful Consultant shall be returned
upon the execution of the Contract and on receipt of the
Performance Guarantee by the Client in accordance with SCC
Clause of section 7.
f. The Bid Guarantee of the unsuccessful Consultants shall be released
when the Contract Agreement has been signed with the successful
Consultant. However, the Bid Guarantee of the consultants, whose
Proposal is rejected in terms of Clause 16.2 & 16.4 of ITC, will be
returned after opening of Financial Proposals of other eligible
Consultants.
g. The Bid Guarantee shall be forfeited:
1. if the Consultant withdraws its Proposal during the period of
Proposal validity; or
2. if the Consultant does not accept the correction of its price
pursuant to Clause 16.7 (i) of ITC; or
3. if the successful Consultant refuses or neglects to engage in
contract negotiations, to execute the Contract after successful
negotiations or fails to furnish the required Performance
Guarantee within the time specified by the Client; or
4. if a Consultant engages in a corrupt practice, fraudulent practice,
coercive practice, undesirable practice or restrictive practices.
15 Minimum numbers of man-months for Experts are:
Minimum positions, minimum number of man-months for Key Experts and
Non-Key Experts, minimum qualification and experience of Non-Key
Experts are as per Attachment III A & Attachment III B of Terms of
Reference (Section 6.).
Experts
Key Experts
(man-
months)
Non-Key
Experts (man-
months)
Support Staff
(man-
months)
Total
(man-
months)
3648 8300 4572 16520
12.1
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16 All direct taxes applicable in State of Madhya Pradesh and in India to be
included.
All indirect taxes applicable in the State of Madhya Pradesh and in India
are to be excluded from quoted amount of competitive component and
to be mentioned under indirect local tax estimates along with supporting
documents with mentioning rates, quantities and amount of taxes, etc.
Such indirect taxes may include but not limited to Value Added
Tax(VAT), Sales Tax, Central Sales Tax, Octroi, Custom Duty, Excise
Duty, Service Tax, etc. for which the Consultant is to obtain
information at their own source and comply with, in arriving the
estimated value of such taxes.
12.2
17 The submission of complete proposal is to be done via electronic
tendering system of GoMP (e-procurement website i.e.
www.mpeproc.gov.in) and Original Bid Guarantee/EMD, one hard
copy of ―Shortlisting of Consultant (initial filter)‖, one hard copy of
Technical proposal is to be submitted at the address mentioned in data
sheet on or before submission date and time.
13.1
17.1 a. Soft copy of Bid Guarantee/EMD is to be submitted along with
Shortlisting of consultant online via e-tender portal of GoMP and
original copy is to be submitted along with Shortlisting of
consultant physically in Envelope A.
b. Consultant must include separate sealed envelopes clearly marked
“BID GUARANTEE/EMD and PROPOSAL FOR
SHORTLISTINGOF CONSULTANT‖ followed by the name of
the assignment, containing valid original Bid Guarantee/EMD and
proposal for shortlisting of consultant, into the envelopes A, in
addition to this envelopes B containing ―Technical proposal‖ should
also be submitted physically. Any Proposal not accompanied by an
acceptable Bid Guarantee/EMD and aforementioned documents
shall be rejected by the Client as non-responsive.
13.4
17.2 ―Technical Proposal‖ and ―proposal for shortlisting of Consultant and
EMD‖ to be submitted together but in separate envelops physically.
Note: Financial proposal must be submitted online only in Envelope-C,
EMD and Proposals for Shortlisting of consultant in Envelope-A and
Technical proposal in Envelope-B is to be submitted physically as well
as online.
3.1
17.3 Time and date of the Proposal submission deadline:
a. (Online)
13.5
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- Time: 15:30 Hrs. (Indian Standard Time)
- Date: 15th February 2017
b. (Physical)
- Time: 15:30 Hrs. (Indian Standard Time)
- Date: 16th February 2017
17.4 Time & Date for opening of Bid Guarantee/EMD and the shortlisting of
consultant document
( Envelop A ):
- Time: 17:30 Hrs. (Indian Standard Time)
- Date: 16th
February 2017
3.1 and 13.1
17.5 Time & Date for opening of the Technical Proposal (Envelope B):
- Time: 15:30 Hrs. (Indian Standard Time)
- Date: 24th
February 2017
3.1 and 13.1
18 Consultants must submit original copies of Bid Guarantee/EMD, hard
copies of the ―Shortlisting of Consultant (initial filter)‖ and Technical
Proposal to the Client to the following address:
Attention: Managing Director
MADHYA PRADESH METRO RAIL CO LTD
Address:
Palika Bhawan
Shivaji Nagar, Bhopal, Pin – 462016
Madhya Pradesh, INDIA
13.5
19 Criteria, sub-criteria, and point system for the evaluation are:
Points
(i) Experience of the Consultants to the relevant
eligible assignments: 30
Total points for criterion (i) : 30
(ii) Adequacy of the proposed methodology and
work plan in responding to the Terms of
Reference:
a. Technical approach and methodology 10
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b. Work Plan 08
c. Organization and Staffing 02
Total points for criterion (ii): 20
(iii) Key Expert‘s qualifications and competence for
the assignment:
50
Maximum numbers of points for each Key Experts for the
positions or disciplines are mentioned in Attachment-1 to Data
Sheet, for which each Key Expert will be evaluated.
Total points for criterion (iii): 50
Total points for the three criteria: 100
The minimum technical score (St) required to
qualify for next stage is: 70 Points
The ground for number of points to be assigned against above
criteria, sub-criteria, and point system are specified in
Attachment-1 to Data Sheet.
20 Time & Date for opening of the Financial Proposal (Envelope C):
- Time: 15:30 Hrs. (Indian Standard Time)
- Date: 20th
March 2017
15.5
21 The single currency for price conversion is: Indian National Rupees.
The source of official selling rates is: Reserve Bank of India,
https://www.rbi.org.in
The date of exchange rates is: 19.01.2017 (the date, twenty eighty (28)
days prior to the date specified for submission of Proposals)
15.7
22 Expected date and address for execution of agreement
Date: 25th
April 2017
Venue:
MADHYA PRADESH METRO RAIL Co LTD
Address:
Palika Bhawan
Shivaji Nagar, Bhopal, Pin – 462016
16.1
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Madhya Pradesh, INDIA
Or as specified in the letter of the Client.
23 Expected date for commencement of services: 29th
April 2017 18.2
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Attachments to Data Sheet:
Attachment1:For Data sheet
Ground for number of points to be assigned against criteria, sub-criteria and point system
as mentioned under clause 19 of Data Sheet:
Clause
No Particulars Points
19. (i) Experience of the Consultants to the relevant eligible assignments:
The number of points for Experience of the relevant eligible assignment*
projects of network not less than 20 km with similar complexity and
technical specialty and the relevant eligible assignment projects in which fee
excluding indirect taxes valued at not less than Rs 900 million (Rs 90
crore)# have been received from each project by the member(s) of the
bidding consortium in the previous 10 years i.e. from date 01.01.2006 to
31.12.2015 shall be determined considering the following:
>5 projects 30 marks
4-5 projects 20 marks
1-3 projects 10 marks
Necessary information regarding these shall be submitted in TECH -2 (B)
*Relevant eligible assignments for consultant shall be projects of General
Consultancy/ General Engineering Consultancy/Project Management
Consultancy/ Independent Engineers for project implementation authority
for Metro/ LRT projects. Projects of Detail Design/Feasibility/Detailed
Project Report shall not be considered as eligible projects.
#Amounts relating to the year on or before 31.12.2014 will be escalated by
multiplying corresponding escalation factor based on yearly compounded
method at the rate of 5% per year for Indian Rupees and 2% per year for
foreign currency(ies) for calculating received consultancy fees at price level
of year 2015, as per table in ‗Tech 2 B‘.
30
Total points for criterion 19(i): 30
19. (ii) Adequacy of the proposed methodology and work plan in response to
the Terms of Reference:
19. ii).a Technical approach and methodology 10
19. ii).b Work plan 8
19.
(ii).c
Organization and staffing 2
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Criterion 19(ii).a (Technical Approach & Methodology):-
For Technical Approach & Methodology: the Consultant‘s submission
will be evaluated and one of the following grades will be given:
Excellent: The Consultant properly understands the current
situation, objectives, scope of work, covers all the components and
understands the requirement comprehensively, draws attention to
all main issues related to the assignment and raises/addresses
important issues covered in the Tech-4 along with those have not
been considered in TOR/Tech-4. The proposal details ways to
solve all the issues and suggest best possible action plan for
implementation of the project by using alternative analysis, state-
of-the-art and innovative approach and methodology.
Very Good: The Consultant properly understands the current
situation and the main issues of the project. The approach and
methodology provisioned in Tech-4 to solve the issues are
discussed in detail.
Good: The Consultant understands the requirement indicated in
TOR. The approach and methodology to solve the issues are
consistent. However, the approach and methodology are standard
and not discussed comprehensively or not specifically tailored to
the assignment.
Average: The Consultant does not have proper understanding
ofTOR and the issues are not appropriately discussed. The
approach and methodology do not have consistency and are
inappropriately or poorly presented.
Poor: The Consultant misunderstands the provisions of TOR and
important aspects of the scope of consulting services. Hence
discussion about the important issues, approach and methodology
are inappropriate.
Criterion 19 (ii).b (viz. Work Plan*):-
The Consultant‘s submission will be evaluated and one of the following
grades will be given:
Excellent: In addition to the requirements stated below under
―Good‖, the proposal uses state-of-the- art approach for efficient
execution of the assignment. The proposed work plan is consistent
with the approach and methodology. The proposal must also
clearly shows how the Consultant‘s team will tackle all the
requirements of the project (including pre-requisites and post-
requirements)and training of Client‘s staff for O&M.
Very Good: The work plan & training requirements fits TOR well.
The timing and duration of all activities is appropriate and
consistent with the assignment output, and the inter relation
between various activities is realistic and consistent with the
proposed approach and methodology.
Good: The work plan & training requirements fits TOR and all
required activities are indicated in the activity schedule, but they
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are not addressed comprehensively.
Average: Some activities required in TOR are omitted in their
work schedule or timing and duration are not appropriate. There
are minor inconsistencies between timing, assignment output,
proposed approach and methodology.
Poor: There are major inconsistencies between the provisions of
TOR and the proposed work plan.
NOTE:
(*) Along with other components the Consultant‘s submission will be
evaluated on the basis of the methodology for claim management. The
Consultant shall show proven methodology for claims management
where the Consultant has been able to effect considerable savings for
projects on which they have previously worked. The Client shall have
the right to verify this information from references provided under
this section. The Consultants shall also provide their best 3 examples
of Claims Management instances on large infrastructure projects in
this section.
Criterion 19 (ii).c (viz. Organization and staffing):-
The Consultant‘s submission will be evaluated and one of the following
grades will be given:
Excellent: In addition to the requirements stated below under
―Good‖, the proposal clearly shows how the Consultant‘s team will
tackle all the requirements of the project as per the approach and
methodology.
Very Good: The organization and staffing fits TOR well. The
correlation between the staff and the organization thereof is well
represented and has clear links to the approach and methodology
and work plan.
Good: The organization and staffing fits TOR requirements and all
required activities are staffed in a general manner, but they are not
specific.
Average: Some activities required in TOR are not staffed
appropriately.
There are minor inconsistencies between the staff and the way they
are organized in the team.
Poor: There are major inconsistencies between the provisions
ofTOR and the proposed organization for the Consultant.
The percentage rating for the above grades will be assigned as under:
Sr. No. Grade Percentage
1 Poor/Non responsive 00
2 Average 40
3 Good 70
4 Very good 90
5 Excellent 100
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Total points for criterion 19(ii): 20
19. (iii) Key Experts‘ qualifications and competence for the assignment*:
In addition to core team at PMU [Head Office (HO)] with 07 Key experts, Two
separate Teams at PIUs (each for Bhopal and Indore) shall be having 43 Key experts
each. CVs of all the key experts given below are to be submitted along with proposal
(separately for Head office, Bhopal and Indore) and will be evaluated.
*Relevant eligible assignments for Expert shall be projects of General Consultancy/
General Engineering Consultancy/Project Management Consultancy for Metro/ LRT
projects.
Positions and their assigned points are given below.
(A)-For Bhopal
Sr. No. Key Experts Expert Position Points
1 K1 Project Director/Project Manager/Project Leader 2.5
2 K2 Deputy Project director 1.5
3 K3 Chief Contract Expert 0.5
4 K4 Dy. Chief Contract Manager 0.5
5 K5 Chief Program Expert 0.5
6 K6 Dy. Chief Program Manager / Sr. Program Expert 0.5
7 K7 Chief Cost control Expert 0.5
8 K8 Sr. Cost control Expert 0.5
9 K9 Chief Quality Assurance Expert 0.5
10 K10 Sr. Quality Assurance Expert (Civil) 0.5
11 K11 Chief Safety Expert (SHE) 0.5
12 K12 Sr. Safety Expert 0.5
13 K13 Chief Environmental Expert 0.25
14 K14 Chief Architectural Expert 0.5
15 K15 Chief Testing and Commissioning Expert 0.5
16 K16 Operations and Maintenance Expert 0.5
17 K17 Multimodal Transport Planner 0.5
18 K18 Chief Geo Technical Expert 0.5
19 K19 Chief Structures expert – Viaduct, Elevated, Station
and Depot 0.5
20 K20 Senior Project Execution Expert (Elevated) 0.5
21 K21 Sr. Structure Execution Expert 0.5
22 K22 Sr. Geotechnical Expert 0.25
23 K23 Sr. Architect (Elevated viaduct, Depot and Station) 0.25
24 K24 Senior Depot Resident Engineer 0.5
25 K25 Chief Structures expert – Underground 0.5
26 K26 Senior Structures expert – Underground 0.5
27 K27 Sr. Bored Tunnel Expert 0.5
28 K28 Sr. Engineer E&M /UG 0.25
29 K29 Chief Ventilation and Air-conditioning
(VAC)Expert 0.5
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30 K30 Sr. Engineer - Tunnel Ventilation, Station Air-
conditioning 0.5
31 K31 Chief Project Expert/System (System Integration) 0.5
32 K32 Sr. Project Expert / System (system Integration) 0.5
33 K33 Chief Power Supply & Traction Expert 0.5
34 K34 Chief Track Expert 0.5
35 K35 Chief Signalling Expert 0.5
36 K36 Dy. Chief Signalling Expert 0.25
37 K37 Chief Telecom Expert 0.5
38 K38 Chief Automatic Fare Collection Expert 0.5
39 K39 Chief E&M Expert 0.5
40 K40 Sr. Lift, Escalators etc. Expert 0.25
41 K41 Chief Rolling Stock Expert 0.5
42 K42 Sr. Engineer Rolling Stock 0.5
43 K43 Chief Depot facility Expert (M&P) 0.5
Sub Total (A):
23
(B) -For Indore
Sr. No. Key Experts Expert Position Points
1 K1 Project Director/Project Manager/Project Leader 2.5
2 K2 Deputy Project director 1.5
3 K3 Chief Contract Expert 0.5
4 K4 Dy. Chief Contract Manager 0.5
5 K5 Chief Program Expert 0.5
6 K6 Dy. Chief Program Manager / Sr. Program Expert 0.5
7 K7 Chief Cost control Expert 0.5
8 K8 Sr. Cost control Expert 0.5
9 K9 Chief Quality Assurance Expert 0.5
10 K10 Sr. Quality Assurance Expert (Civil) 0.5
11 K11 Chief Safety Expert (SHE) 0.5
12 K12 Sr. Safety Expert 0.5
13 K13 Chief Environmental Expert 0.25
14 K14 Chief Architectural Expert 0.5
15 K15 Chief Testing and Commissioning Expert 0.5
16 K16 Operations and Maintenance Expert 0.5
17 K17 Multimodal Transport Planner 0.5
18 K18 Chief Geo Technical Expert 0.5
19 K19 Chief Structures expert – Viaduct, Elevated, Station
and Depot 0.5
20 K20 Senior Project Execution Expert (Elevated) 0.5
21 K21 Sr. Structure Execution Expert 0.5
22 K22 Sr. Geotechnical Expert 0.25
23 K23 Sr. Architect (Elevated viaduct, Depot and Station) 0.25
24 K24 Senior Depot Resident Engineer 0.5
25 K25 Chief Structures expert – Underground 0.5
26 K26 Senior Structures expert – Underground 0.5
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27 K27 Sr. Bored Tunnel Expert 0.5
28 K28 Sr. Engineer E&M /UG 0.25
29 K29 Chief Ventilation and Air-conditioning (VAC)Expert 0.5
30 K30 Sr. Engineer - Tunnel Ventilation, Station Air-
conditioning 0.5
31 K31 Chief Project Expert/System (System Integration) 0.5
32 K32 Sr. Project Expert / System (system Integration) 0.5
33 K33 Chief Power Supply & Traction Expert 0.5
34 K34 Chief Track Expert 0.5
35 K35 Chief Signalling Expert 0.5
36 K36 Dy. Chief Signalling Expert 0.25
37 K37 Chief Telecom Expert 0.5
38 K38 Chief Automatic Fare Collection Expert 0.5
39 K39 Chief E&M Expert 0.5
40 K40 Sr. Lift, Escalators etc. Expert 0.25
41 K41 Chief Rolling Stock Expert 0.5
42 K42 Sr. Engineer Rolling Stock 0.5
43 K43 Chief Depot facility Expert (M&P) 0.5
Sub Total(B):
23
(C) -For Head Office
Sr. No. Key Experts Expert Position Points
1 K-44 Head Strategic/ Financial Expert 1
2 K-45 Real Estate/Property Development Expert 0.5
3 K-46 Project Controls Expert 0.5
4 K-47 Transport Economist 0.5
5 K-48 PPP/Project Structuring Expert 0.5
6 K-49 Legal Expert 0.5
7 K-50 IEC/PR Expert 0.5
Sub Total(C): 4
Total points for criterion 19(iii),(A+B+C): 50
The number of points to be assigned to all key experts/positions or
disciplines shall be determined considering the following sub-criteria and
relevant percentage weights:
1) General qualifications: 30%
2) Adequacy for the assignment: 50%
3) Familiarity with the language: 10%
4) Experience of Developing Countries*: 10%
* List of Developing Countries will be as per Section-9 of the RFQ cum RFP
considered by IMF. (Not applicable for K-1, K-15, K-25, K-31 and K-41).
5) Age limit criteria:
As such there is no age limit for proposed Key Experts. However 50%
of the Points shall be reduced for any proposed Key Expert as
mentioned below;
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- ―Project Director/ Project Leader/Project Coordinator‖ and ―Dy.
Project Director/ Project Leader‖ as listed at Sr. No. K-1 and K-2
above respectively, aged more than 70 Years as on date of
submission of proposal
- All the other Key Experts aged more than 65 Years as on date of
submission of proposal.
19 (iii). 1) General qualifications – 30%
One rank/degree* higher than minimum required qualification in respective
field will be assigned full points of this category
*For graduation it will be Post Graduation and for Post Graduation it will
Ph.D. or higher than PG in respective fields.
Minimum required qualification in respective field for all positions will be
assigned 85% of full points of this category
19 (iii). 2) Adequacy for the assignment#– 50%*
1a – Worked in the same rank or equivalent in the General Consultancy /
General Engineering Consultancy/Project Management
Consultancy/ in the Metro/LRT projects for more than 5 years –
30% (Full points will be assigned)
*(For the K-1 position required experience shall be more
than 7 years – 40% (Full points will be assigned)
*(For Positions K-1, K-15, K-25, K-31 and K-41 marking
for this clause will be 40 % (Full points will be assigned)
1b – If key expert is having experience (completed / ongoing) of more
than 1 General Consultancy/ General Engineering
Consultancy/Project Management Consultancy for Metro/LRT
projects- 20% (Full points will be assigned)
2a – Worked in the same rank or equivalent in the General Consultancy/
General Engineering Consultancy/Project Management
Consultancy/ in the Metro/LRT projects for a minimum 3-5 years –
15% (50% of Full points will be assigned)
*(For the K-1 position required experience shall be 3 – 7
years – 20% ( 50% of full points will be assigned)
*(For Positions K-1, K-15, K-25, K-31 and K-41 marking
for this clause will be 20 %( 50% of full points will be
assigned)
2b – If key expert is having experience (completed/ongoing) of 1
General Consultancy/ General Engineering Consultancy/Project
Management Consultancy for Metro/LRT project- 10% (50% of Full
points will be assigned)
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#CVs not fulfilling required qualification and experience will be
disqualified therefore will not be assigned any marks. In case firm with
those CVs becomes successful bidder then consultancy firm should
replace those CVs with the CVs with requisite qualification and
experience.
19 (iii). 3) Familiarity with the language– 10%
a. The percentage rating for the fluency in English will be assigned as
under – 5 % (50% of Full points will be assigned)
Sr. No. Avg. Grade Percentage
1 Poor 00
2 Average 40
3 Good 70
4 Very good 90
5 Excellent 100
b. If expert proposed has specific qualification in English or his/her
medium of education was English– 5 % (50% of Full points will be
assigned)
(Document indicating the same should be submitted with CVs)
19(iii). 4) Experience of Developing Countries – *10 %
Experience of relevant eligible assignment for Expert in developing
country(ies) – 10% (Full points will be assigned)
Expert with no experience on relevant eligible assignment in developing
country will be assigned NIL marks
*(For Positions K-1, K-15, K-25, K-31 and K-41, this clause will not be
applicable and marks towards this clause for aforesaid positions will be
added in clause [19 (iii) 2)-1a & 2a] as applicable).
Total points for above three [19(i) + 19(ii) + 19(iii)] criteria: 100
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Attachment 2: Format for Bank Guarantee for “Bid Guarantee/EMD”
(To be stamped in accordance with Stamp Act of India)
B.G. No. Dated:
1. In consideration of MADHYA PRADESH METRO RAIL CO LTD, a company
incorporated under the Companies Act, 2013 and having its registered office at Palika
Bhawan Shivaji Nagar, Bhopal, Pin – 462016, Madhya Pradesh, INDIA (hereinafter referred
to as the ―Client‖, which expression shall unless it be repugnant to the subject or context
thereof include its, successors and assigns) having agreed to receive the Proposal of
…………………… (a company registered under the Companies Act, 1956/2013 or firm)
and having its registered office at ……………………… (and acting on behalf of its
firm/Consortium)1 (hereinafter referred to as the ―Consultant‖ which expression shall unless
it be repugnant to the subject or context thereof include its/their executors, administrators,
successors and assigns), in response to the Request for Proposal (RFP) issued vide RFP No:
01/GC/MPMRCL/2016, dated 06/05/2016 for ―GENERAL CONSULTANT‖, we (Name of
the Bank) having our registered office at ……………………… and one of its branches at
……………………..(hereinafter referred to as the ―Bank‖), at the request of the Consultant,
do hereby in terms of ‗Instructions to Consultants‘, irrevocably, unconditionally and without
reservation guarantee the due and faithful fulfillment and compliance of the terms and
conditions of the RFP by the said Consultant and unconditionally and irrevocably undertake
to pay forthwith to the Client an amount of INR ***** (Indian Rupees ***** only)
(hereinafter referred to as the ―BID GUARANTEE/EMD‖) as our primary obligation
without any demur, reservation, recourse, contest or protest and without reference to the
Consultant if the Consultant shall fail to fulfill or comply with all or any of the terms and
conditions contained in the said RFP.
2. Any such written demand made by the Client stating that the Consultant is in default of the
due and faithful fulfillment and compliance with the terms and conditions contained in the
RFP shall be final, conclusive and binding on the Bank.
3. We, the Bank, do hereby unconditionally undertake to pay the amounts due and payable
under this Bid Guarantee without any demur, reservation, recourse, contest or protest and
without any reference to the Consultant or any other person and irrespective of whether the
claim of the Client is disputed by the Consultant or not, merely on the first demand from the
Client stating that the amount claimed is due to the Client by reason of failure of the
Consultant to fulfill and comply with the terms and conditions contained in the RFP
including failure of the said Consultant to keep its Proposal open during the Proposal validity
period as set forth in the said RFP for any reason whatsoever. Any such demand made on the
Bank shall be conclusive as regards amount due and payable by the Bank under this
Guarantee. However, our liability under this Guarantee shall be restricted to an amount not
exceeding INR ***** (Indian Rupees ***** only).
4. That this Guarantee commences from the date hereof and shall be irrevocable and remain in
force till:
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a. The Consultant, in case its Proposal is accepted by the Client, executes a formal
agreement after furnishing the Performance Guarantee from a Scheduled Commercial
Indian Bank based in India (excluding Cooperative Banks) or from a scheduled Foreign
Bank in India as defined in Section 2(e) of RBI Act 1934 read with Second Schedule.
b. Sixty days after the date of validity or the extended date of validity of the Proposal, as
the case maybe.
5. We, the Bank, further agree that the Client shall be the sole judge to decide as to whether the
Consultant is in default of due and faithful fulfillment and compliance with the terms and
conditions contained in the RFP including, inter alia, the failure of the Consultant to keep its
Proposal open during the Proposal validity period set forth in the said RFP, and the decision
of the Client that the Consultant is in default as aforesaid shall be final and binding on us,
notwithstanding any differences between the Client and the Consultant or any dispute
pending before any Court, Tribunal, Arbitrator or any other Client.
6. The Bid Guarantee shall not be affected by any change in the constitution or winding up of
the Consultant or the Bank or any absorption, merger or amalgamation of the Consultant or
the Bank with any other person.
7. In order to give full effect to this Guarantee, the Client shall be entitled to treat the Bank as
the principal debtor. The Client shall have the fullest liberty without affecting in any way the
liability of the Bank under this Guarantee from time to time to vary any of the terms and
conditions contained in the said RFP or to extend time for submission of the Proposal or the
Proposal validity period or the period for conveying acceptance of Letter of Acceptance by
the Consultant or the period for fulfillment and compliance with all or any of the terms and
conditions contained in the said RFP by the said Consultant or to postpone for any time and
from time to time any of the powers exercisable by it against the said Consultant and either
to enforce or forbear from enforcing any of the terms and conditions contained in the said
RFP or the securities available to the Client, and the Bank shall not be released from its
liability under these presents by any exercise by the Client of the liberty with reference to the
matters aforesaid or by reason of time being given to the said Consultant or any other
forbearance, act or omission on the part of the Client or any indulgence by the Client to the
said Consultant or by any change in the constitution of the Client or its absorption, merger or
amalgamation with any other person or any other matter or thing whatsoever which under the
law relating to sureties would but for this provision have the effect of releasing the Bank
from its such liability.
8. Any notice by way of request, demand or otherwise hereunder shall be sufficiently given or
made if addressed to the Bank and sent by courier or by registered mail to the Bank at the
address set forth herein.
9. We undertake to make the payment on receipt of your notice of claim on us addressed to
[name of Bank along with branch address] and delivered at our above branch which shall be
deemed to have been duly authorized to receive the said notice of claim.
10. It shall not be necessary for the Client to proceed against the said Consultant before
proceeding against the Bank and the guarantee herein contained shall be enforceable against
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the Bank, notwithstanding any other security which the Client may have obtained from the
said Consultant or any other person and which shall, at the time when proceedings are taken
against the Bank hereunder, be outstanding or unrealized.
11. We, the Bank, further undertake not to revoke this Guarantee during its currency except with
the previous express consent of the Client in writing.
12. The Bank declares that it has power to issue this Guarantee and discharge the obligations
contemplated herein, the undersigned is duly authorized and has full power to execute this
Guarantee for and on behalf of the Bank.
13. For the avoidance of doubt, the Bank‘s liability under this Guarantee shall be restricted` to
INR *** million (Indian Rupees ***** million only). The Bank shall be liable to pay the
said amount or any part thereof only if the Client serves a written claim on the Bank in
accordance with paragraph 9 hereof, on or before [*** (indicate date falling 60 days after the
Proposal Validity Date)].
Signed and Delivered by ………………………. Bank
By the hand of Mr. /Ms. …………………….., its …………………..and authorized official.
(Signature of the Authorised Signatory)
(Official Seal)
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SECTION 3: SHORTLISTING (Pre-Qualification) OF CONSULTANT
PROPOSAL DOCUMENT
FOR
SELECTION OF GENERALCONSULTANT
FOR
METRO RAIL PROJECTS AT BHOPAL AND INDORE
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1. Eligibility criteria for shortlisting (Pre-Qualification) of Bidders:
The proposal for this contract will be considered only from those bidders who meet
requisite eligibility criteria prescribed below:-
1.1 Every proposal shall have duly filled PRO-FORMA FOR SHORTLISTING OF
CONSULTANT along with revenant document.
1.2 The Bidder may be a single entity or a JV/consortium, joining together to assist MPMRCL
in implementing the project. In case of group of entities the number of JV/consortium
partners shall not be more than total 3 (Three) with no partner having less than 10%
share/participation. i.e. JV/Consortium with partner having less than 10% share/
participation shall not be allowed and that JV/ Consortium shall be disqualified. The
JV/consortium as a whole must satisfy both Technical and Financial eligibility criteria but
the partners will be jointly and severally responsible.
1.3 In case of Applicant being a JV/consortium, the member having highest share will be the
lead member. All the members should submit a Power of Attorney as per Annexure-2 and
2A of section 3 of RFP, documents signed by all the members. The members of the
consortium shall also submit a Memorandum of Understanding (Annexure-3 of section 3
of RFP, for the purpose of submitting the proposal.
1.4 Work Experience: The applicants will be qualified (shortlisted) only if they have
completed work(s) during last 10 financial years (from 01.01.2006 to 31.12.2015) as given
below:
At least one similar consultancy work of value of INR 1900 million or more
If the above work of INR 1900 million has been done by the foreign partner of
JV/consortium and the work was done in the country of the foreign partner then in
addition to this, the foreign partner must have done similar consultancy works equal to
INR 900 million outside the country of the foreign applicant.
OR
Two similar consultancies work each of value of INR 1200 million or more.
If the above works of INR 1200 million or more have been done by the foreign partner of
JV/consortium and the works were done in the country of the foreign partner then in
addition to this, the foreign partner must have done similar consultancy works equal to
INR 900 million outside the country of the foreign applicant.
OR
Three similar consultancies work each of value of INR 900 million or more.
If the above works of INR 900 million have been done by the foreign partner of
JV/consortium and the works were done in the country of the foreign partner then in
addition to this, the foreign partner must have done similar consultancy works equal to
INR 900 million outside the country of the foreign applicant.
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AND
Lead member must have done one similar consultancy work of minimum value of INR
900 million.
Notes:
Similar consultancy work means a General Consultancy /Project Management
Consultancy(GC/PMC) work pertaining to Metro/ LRT system involving the work of
framing specifications, drawing up contract documents, checking designs, project
management and supervision including inspection, safety and quality, testing and
commissioning of the work etc.
The applicant shall submit details of works executed by them for the works to be
considered for qualification of work experience criteria in a format prescribed in
Annexure-6 of Section 3 of RFP document. Documentary proof such as completion
certificates from client clearly indicating the nature/scope of work, actual completion
cost and actual date of completion for such work should be submitted. The offers
submitted without this documentary proof shall not be evaluated. In case the work is
executed for private client, copy of work order, bill of quantities, bill wise details of
payment received certified by Chartered Accountant (CA), T.D.S certificates for all
payments received and copy of final/last bill paid by client shall also be submitted
along with the completion certificate.
For completed works, value of work done shall be updated to 31.12.2015 price level
assuming 5% inflation for Indian Rupees every year and 2% for foreign currency
portions per year as per Annexure-6 : Project Datasheet of Section-3. Cost of the work
will be converted in INR as per exchange rate prescribed in this document.
In case of Joint Venture/Consortium, full value of the work, if done by the same joint
venture shall be considered. However, if the qualifying work(s) were done by them in
JV/Consortium having different constituents/partners, then the value of work as per
their percentage participation in such JV/Consortium shall be considered.
1.5 Financial Standing and Criteria
Bidder will be qualified only if they have the minimum financial capabilities as below:
(i) T1 –Liquidity: It is necessary that the consultant can withstand cash flow that the contract
will require until payments received from the Employer. Liquidity therefore becomes an
important consideration.
This shall be seen from the balance sheets (as per Annexure- 8) and/or from the banking
reference. Net current assets and/or documents including banking reference, should show
that the applicant has access to or has available liquid assets, lines of credit and other
financial means to meet cash flow of INR 90 million for this contract, net current assets of
bidder‘s commitments for other Contracts. Banking reference (format prescribed in
Annexure–8A of Section 3) should contain in clear terms the amount that bank will be in
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a position to lend for this work to the applicant/member of the Joint Venture/Consortium.
In case the Net Current Assets (as seen from the Balance Sheets) are negative, only the
Banking references will be considered. Otherwise the aggregate of the Net Current Assets
and submitted Banking references will be considered for working out the Liquidity.
The banking reference should be from a Scheduled Bank in India or in case of foreign
bidders from a foreign bank of repute acceptable to client or provisioned as per Section
2(e) of RBI Act 1934 and it should not be more than 3 months old as on date of
submission of proposal.
In Case of JV/Consortium Requirement of liquidity is to be distributed between members
as per their percentage participation and every member should satisfy the minimum
requirement.
Example: Let ―member 1‖ has percentage participation = M and ―member 2‖ has
percentage participation = N. If minimum liquidity required is ‗W‘.
Then liquidity of ―member 1‖≥ (W × M)/100
And liquidity of ―member 2‖ ≥ (W × N)/100
(ii) T2 – Net Worth: Net Worth of the bidder during last audited financial year should be
more than INR 120 million.
In Case of JV/Consortium- Net worth will be based on the percentage participation of each
Member
Example: Let ―Member 1‖ has percentage participation = M and ―Member 2‖ has = N.
Let the Net worth of ―Member 1‖ is ‗A‘ and that of ―Member 2‖ is ‗B‘, then
the;
Net worth of JV/Consortium will be = [(A×M) + (B×N)]/100.
(iii) T3 – Annual Turnover: The average annual turnover from consultancy works of last Ten
financial years of the bidder should be more than INR 300 million.
The average annual turnover of JV/Consortium will be based on percentage participation
of each member.
Example: Let ―Member 1‖ has percentage participation = M and ―Member 2‖ = N. Let
the average annual turnover of ―Member 1‖ is ‗A‘ and that of ―Member 2‖ is
‗B‘, then the;
Average annual turnover of JV/consortium will be = [(A×M) + (B×N)]/100.
Notes:
Financial data for latest last Ten audited financial years has to be submitted by the
applicant in the format prescribed in Annexure-7 & 8 of Section 3 along with audited
balance sheets. The financial data shall be certified by Chartered Accountant / Statutory
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Auditor of the company with his stamp and signature in original. In case audited balance
sheet of the last financial year is not made available by the applicant, then the applicant
has to submit an affidavit certifying that ‗the balance sheet has actually not been audited
so far‘. In such a case the financial data of previous ‗9‘ audited financial years will be
taken into consideration for evaluation. If audited balance sheet of any year other than the
last year is not submitted, the application may be considered as non-responsive and can be
disqualified.
2. Evaluation Of Shortlisting of consultants
2.1 The evaluation of the application shall be done to establish the capability of the applicant
has brought out in para-1―Eligibility criteria for shortlisting of applicants‖ above.
2.2 Applicants are required to submit the relevant information in connection with para-1
―Eligibility criteria for shortlisting of applicants‖ above in the relevant format only. The
client may not evaluate the proposals received with the information in different format. In
case the desired information is not submitted in the prescribed format and instead the
company‘s profiles, reports etc. are only annexed with the application, client may not
extract the information from these documents in order to evaluate the application. It is,
therefore, advised that all the relevant information should be furnished in the prescribed
formats only.
2.3 The evaluation shall be done based on the information furnished by the applicant along
with the application and any unsolicited supplementary information may not be
entertained. Client, however, reserve the right to make enquiries from relevant
authorities/parties in relation with the information furnished.
2.4 No marking/grading shall be done at this stage. It shall be on
qualification/disqualification basis. A Bidder has to fulfill all the eligibility criteria as
established above and also should not invite disqualifications as provided in
para3―Disqualification‖below.
2.5 Before the detail evaluation is taken up the initial filter shall be applied to see that the
proposal received is complete in all respects and all the documents are submitted along
with the application in the prescribed formats. Proposal found incomplete as per above
initial filter shall not be processed further.
2.6 On evaluation of this proposal as above, client shall prepare the list of pre-qualified
bidders for next stage i.e. Technical Proposal (TP).Proposal of the bidder who do not
fulfill the initial filter (―Section 3: shortlisting of consultant‖) will not be evaluated and
will be returned unopened.
3. Disqualification
The bidders, who do not qualify the eligibility criteria will be disqualified. Client requires
that bidders for this Proposal and throughout the tendering process observe the highest
standard of ethics. Client shall reject shortlisting of the bidder if it is determined that the
bidder has engaged in corrupt or fraudulent practices in competing in the tendering
process.
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Shortlisting Check sheet
Enclose the following and indicate the page numbers:
Sr.
No. Item Yes No
Page
No.
1 PRO-FORMA FOR SHORTLISTING OF CONSULTANT
2 Letter of Proposal duly signed by authorized representative of every
member of JV/consortium.
3 Memorandum of Association ( MOA) & Articles of Association
(AOA) of each member
4 Power of Attorney to own employee by each member for authorizing
Lead Member
5 Power of Attorney for Lead member
6 Power of Attorney by Lead member for Authorized representative
7 MOU/Joint Venture/consortium agreement
8 Whether the firm or company or any partner of the group been
blacklisted by any Government Department / PSU in last five years
and such black listing continues to subsist.
9 Work Experience: Details of qualified completed similar consultancy
work(s) during last 10 year (from 01.01.2006 to 31.12.2015):
Financial Standing and Criteria:
10 T1 Liquidity:
11 T2 Net Worth:
12 T3 Average Annual Turnover:
13 Attested copies of the Audited Financial Statements of the last ten
financial years.
Following Annexure:
14 Annexure - 1: Letter of proposal
15 Annexure - 2: Power of Attorney for authorized representative
16 Annexure - 2A: Power of Attorney for Lead member
17 Annexure - 3 : Memorandum of Understanding / Joint Bidding
Agreement
18 Annexure - 4: Undertaking
19 Annexure - 5: Pending Litigation
20 Annexure - 6: Project Data Sheet
21 Annexure - 6A: Summary of Information provided in Annexure- 6
22 Annexure - 7: Financial Data for Liquidity and Net Worth
23 Annexure - 8: Financial Data of the Consultant
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PRO-FORMA FOR SHORTLISTING OF CONSULTANT
Sr.
No. Particulars Provide Details
1
State the status of the bidder's organization:
(Individual/Company/LLP/Firm or Joint Venture
(JV)/Consortium)
2
For applicants who are Individual/Company/LLP/Firm, state the following;
Name of Company or firm:
Legal status (Individual/Company/LLP/Firm etc.):
Date of Incorporation:
(Attach copy of incorporation certificate)
Service Tax Registration certificate No.:
(Attach copy Service Tax Registration certificate)
Permanent Account Number (PAN):
(Attach copy Permanent Account Number card)
Registered Office Address (With Country):
Name of Contact person:
Contact person's
Mobile/Cell number:
Telephone number:
Facsimile number:
E-mail ID:
3
Applicants who are in JV/Consortium;
Name of JV/Consortium
Date of Incorporation:
(Attach copy of incorporation certificate)
Service Tax Registration certificate No.:
(Attach copy Service Tax Registration certificate)
Permanent Account Number (PAN):
(Attach copy Permanent Account Number card)
Registered office Address (With Country):
Country of incorporation:
Name of Contact person:
(Authorized by Lead Member)
Contact person's
Mobile/Cell number:
Telephone number:
Facsimile number:
E-mail ID:
Name of the Members (Lead First);
Lead Member:
Member 1:
Member 2:
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Legal status of Members (Individual/Company/LLP/Firm etc.);
Lead Member:
Member 1:
Member 2:
Percentage Participation;
Lead Member:
Member 1:
Member 2:
Registered office Address (With Country);
Lead Member:
Member 1:
Member 2:
Note:
1 Information and documentary evidence associated with the performance and relevant
experience of the applicant or each constituent member shall be clearly referenced and
enclosed.
2 Non submission of information and relevant document shall lead to rejection of the bid.
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Annexure - 1: Letter for Proposal
[Insert Location, Date]
To,
THE MANAGING DIRECTOR
MADHYA PRADESH METRO RAIL CO LTD
Palika Bhawan
Shivaji Nagar, Bhopal, Pin – 462016
Madhya Pradesh, INDIA
Dear Sir:
I/We, the undersigned, offer to provide the consulting services for General Consultancy in
accordance with your Request for Qualification cum Request for Proposal regarding selection
of general consultant for metro rail projects at Bhopal and Indore dated [Insert Date].I/We
are hereby submitting our Proposal, which includes Shortlisting of Consultant (Pre-
Qualification), Technical Proposal and Financial Proposal (Online) sealed in a separate
envelopes.
[If the Consultant is a joint venture/consortium, insert the following:] We are submitting our
Proposal as a joint venture/consortium with: [Insert a list with full name and the legal
address of each member, and indicate the lead member]. We have attached a copy [insert:]
“of the JV/consortium agreement” signed by every participating member, which details its
legal structure and the confirmation of joint and severable liability of the members of the said
joint venture/consortium.
We hereby declare that:
a. We are duly authorized to represent and act on behalf of ________________
b. We have examined and have no reservations to the proposal Document
______________________.
c. We are attaching with this letter, the copies of original documents defining: -
i. The Applicant‘s legal status;
ii. Its principal place of business; and
iii. Its place of incorporation (if Applicants are corporations/company) or its place
of registration (if Applicants are partnerships or individually owned firms).
d. All the information provided and statements made in this Proposal are true and we
accept that any misrepresentation contained in this Proposal may lead to our
disqualification by the Client.
e. Our Proposal shall be valid and remain binding upon us for the period of time specified
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in the Data Sheet, Clause 12.
f. We have no conflict of interest in accordance with ITC 4.
g. We meet the eligibility requirements as stated in ITC 6 and we confirm our
understanding of our obligation to abide by provisions related to corrupt and fraudulent
practices as per ITC 5.
h. We undertake to negotiate a Contract on the basis of the proposed Key Experts. We
accept that the substitution of Key Experts for reasons other than those stated in ITC
8.5, may lead to the termination of Contract negotiations.
i. Our Proposal is binding upon us and subject to any modifications resulting from the
Contract negotiations.
j. MPMRCL and/or its authorized representatives are hereby authorized to conduct any
inquiries or investigations to verify the statements, documents and information
submitted in connection with this proposal, and to seek clarification from our bankers
and clients. This Letter of Proposal will also serve as authorization for any individual
or authorized representative of any institution referred to in the supporting information,
to provide such information deemed necessary and as requested by MPMRCL.
MPMRCL and/or its authorized representatives may contact the following nodal persons for
further information on any aspects of the proposal:
Name And Address Contact No. E-Mail
Contact 1
Contact 2
This Proposal is made in the full understanding that:
i. This tendering process will be subject to verification of all information submitted at
the discretion of MPMRCL.
ii. MPMRCL reserves the right to reject or accept any or all proposals, cancel the
tender process without any obligation to inform the applicant about the grounds of
the same.
I/We have made a complete and careful examination of the project including but not limited
to the project site, all matters that may affect the bidder‘s performance during the
construction of the projects and shall be liable for any mistake or error or neglect in respect of
above.
a. I/We declare that the statements made and the information provided in the duly
completed proposal is complete, true, and correct in every detail. We also understand
that in the event of any information furnished by us being found later on to be incorrect
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or any material information having been suppressed, MPMRCL may disqualify our
proposal.
.
I/We remain,
Yours sincerely,
Authorized Signature [in full and initials]:____________________________________
Name and Title of Signatory: ______________________________________________
Name of Bidder/ Consultant [company’s name or JV’s/consortium’s
name]:_______________
In the capacity of: _______________________________________________________
Address: ______________________________________________________________
Contact information [phone and e-mail]: _____________________________________
[For a joint venture/consortium, either all members shall sign or only the lead member, in
which case the power of attorney to sign on behalf of all members shall be attached]
[For Proposal by joint ventures/consortium, all information requested in the PROPOSAL
documents is to be provided for the joint venture/consortium, if it already exists and for each
joint venture/consortium partner separately. The lead partner should be clearly identified.
Each member of Group shall sign the letter.]
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Annexure - 2: Power of Attorney
POWER OF ATTORNEY FOR AUTHORIZED REPRESENTATIVE
Know all men by these presents, we____________________(name and address of the
registered office of the Sole Applicant / Lead Member) do hereby constitute, appoint and
authorize Mr. / Ms.__________________resident of ___________(name and address of
residence) who is presently holding the position of ______________as our attorney, to do in
our name and on our behalf, all such acts, deeds and things necessary in connection with or
incidental to the proposal of the Sole applicant/JV/Consortium consisting of _____,_________
and________(please state the name and address of the sole applicant/ members of the
JV/Consortium) for the GENERAL CONSULTANCY CONTRACT FOR METRO RAIL
PROJECTS AT BHOPAL AND INDORE (the ―Project‖), including but not limited to
signing and submission of all documents and providing information / responses & signing of
agreement/contract with the Madhya Pradesh Metro Rail Co Ltd (MPMRCL), India,
representing us in all matters in connection with our Proposal for the Metro Rail Projects at
Bhopal and Indore.
I/We hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and
things lawfully done or caused to be done by our said attorney pursuant to this Power of
Attorney and that all acts, deeds and things done by our aforesaid attorney shall and always be
deemed to have been done by me/us.
For
(Signature)
(Name, Title and Address)
Witness:
1.
2.
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Accept
………………. (Signature)
(Name, Title and Address of the Attorney)
Notes:
To be executed by the sole Applicant or the Lead Member in case of a JV/Consortium.
The mode of execution of 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 executant(s) should submit for verification, the extract of the
charter documents and documents such as a resolution / Power of attorney in favour of the
Person executing this Power of Attorney for the delegation of power hereunder on behalf of
the executant(s).
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Annexure- 2A: Power of Attorney for Lead member
POWER OF ATTORNEY FOR LEAD MEMBER IN CASE OF JV/CONSORTIUM
Whereas the Madhya Pradesh Metro Rail Co LTD (MPMRCL) has invited proposals from
interested parties for General Consultancy of Metro Rail Projects for Bhopal and Indore.
Whereas, the members of the JV/Consortium are interested in applying for the Project and
providing the consultancy in accordance with the terms and conditions of the RFQ cum RFP
document, Agreement and other connected documents in respect of the Project, and Whereas, it
is necessary under the RFP for the members of the JV/Consortium to designate one of them as
the Lead Member (with highest share)with all necessary power and authority to do for and on
behalf of the JV/Consortium, all acts, deeds and things as may be necessary in connection with
the JV/Consortium‘s proposal for the Project or in the alternative to appoint one of them as the
Lead Member who, acting jointly, shall have all necessary power and authority to do all acts,
deeds and things on behalf of the JV/Consortium, as may be necessary in connection with the
JV/Consortium‘s proposal for the Project and its execution.
NOW THIS POWER OF ATTORNEY WITNESSETH THAT:
We, M/s___________, M/s___________________ and M/s (the respective names of the
members along with address of their registered offices) do hereby irrevocably designate M/s
_____________________(name along with address of the registered office) being one of the
members of the JV/Consortium, as the Lead Member of the JV/Consortium, to do on behalf of
the JV/Consortium, all or any of the acts, deed or things necessary or incidental to the
JV/Consortium‘s proposal for the Project, including submission of proposal, participating in
conference, responding to queries, submission of information / documents and generally to
represent the JV/Consortium in all its dealings with MPMRCL, any other Government Agency or
any person, in connection with Project until culmination of the process of application, pre-
qualification, short listing of Applicant and thereafter till the Agreement is entered into with
MPMRCL.
We hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and
things lawfully done by Lead Member pursuant to this Power of Attorney and that all acts, deeds
and things done by our aforesaid attorney.
Dated this ______________day of _____________20_.
[Executant(s)]
[Signature ] [Name and Designation]
(To be executed by all the members in the JV/Consortium)
Witness:
1.
2.
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Note:
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.
The executant(s) shall submit for verification the extract of the charter documents and
documents such as resolution/ Power of attorney in favor of the person executing this Power
of attorney for the designation of power hereunder on behalf of the applicant.
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Annexure-3: Memorandum of Understanding/ Joint Bidding Agreement
This Memorandum of Understanding (MoU) / Joint Bidding Agreement entered into this
_____day of _______ 20__ at
______
Among
(hereinafter referred as‖__________‖) and having office at ______________, India Party of the
First Part
And
(hereinafter referred as‖__________‖) and having office at ______________, India Party of the
Second Part
And
(hereinafter referred as‖__________‖) and having office at ______________, India Party of the
Third Part
The parties are individually referred to as Party and collectively as Parties.
WHEREAS the MPMRCL has invited applications from interested parties for General
Consultancy Services including but not limited to procurement, construction, testing and
commissioning of the complete Metro Rail Project for Bhopal and Indore. Corridors including all
civil engineering structures, tracks, signals, telecom facilities, traction arrangements, air
conditioning & ventilation, rolling stock, maintenance depots, stations, operation control centre,
offices, residential buildings, station integration areas, bridges, flyovers, elevated and surface
sections over the project routes and integration with other modes of transport, etc.
The services shall include but not limited to tender packaging, preparation and finalization of
tender documents for civil and system contracts including preparing the conceptual plans for
complete civil engineering and system works, assisting MPMRCL to fix contracts for both for
civil and system works, evaluation of tenders, proof checking of designs for civil and system
work where the contract is on design and construct basis. GC is also expected to carry out
complete checking, verification and approval to all civil/system contract design, submissions
including that of rolling stock, certification of vendor sources and inspection of vendor items
wherever needed, supervision of all construction activities including installation of systems and
commissioning of rolling stock, integration of systems, ensuring specifications, standards, safety
and quality at worksites, monitoring and reporting the progress of all works, supervision of
system trials and system integration and ensuring commissioning of the entire line in stages as
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per the target dates laid, at the same time exercising utmost cost control measures.
AND WHEREAS the Parties have had discussions for formation of a JV/Consortium for
applying for the said Project and have reached an understanding on the following points with
respect to the Parties‘ rights and obligations towards each other and their working relationship.
IT IS HEREBY AS MUTUAL UNDERSTANDING OF THE PARTIES AGREED AND
DECLARED AS FOLLOWS:
1. That the Parties shall carry out all the responsibilities as Consultancy firm in terms of
the General Consultancy agreement.
2. That the roles and the responsibilities of each Party at the stage of proposal shall be as
follows:
……………………………………………………………………………………………
3. That the minimum equity holding of each Party (in percentage term) in the Company
shall be as follows:
Name of the Party % of share
.…………… …………….
……………. …………….
4. That the Parties shall be jointly and severally liable for the execution of the Project in
accordance with the terms of the General Consultancy agreement.
5. That the Parties affirm that they shall render Consultancy services in good faith and
shall take all necessary steps to see the Project through expeditiously.
6. That this MoU shall be governed in accordance with the laws of India and courts in
Madhya Pradesh shall have exclusive jurisdiction to adjudicate disputes arising from the
terms herein.
In witness whereof the Parties affirm that the information provided is accurate and true and
have caused this MoU to be duly executed on the date and year above mentioned.
_______________ _______________ _______________
(Party of the first part) (Party of the second part) (Party of the third part)
Witness: 1……………………… 2……………………..
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Annexure-4: Undertaking
UNDERTAKING
(In case of JV/Consortium to be given separately by each partner)
1. I, the undersigned, do hereby certify that all the statements made in the required
attachments are true and correct.
2. The undersigned also hereby certifies that neither our firm/company __________ nor any
of its directors/constituent partners have abandoned any work of Madhya Pradesh Metro
Rail Co Ltd nor any contract awarded to us by GoMP for such works has been rescinded,
during last five years prior to the date of this proposal.
3. The undersigned also furnishes undertaking that none of the directors/ constituent partners
of our firm/company have been declared by any court of law as proclaimed offenders and
also that neither our firm/company nor any of its directors/ constituent partners have been
convicted under any law for the offences punishable under Indian Penal Code, Negotiable
Instruments Act or any Labour/employee beneficial legislation.
4. The undersigned hereby authorize(s) and request(s) any bank, person, firm/company to
furnish pertinent information deemed necessary and requested by Madhya Pradesh Metro
Rail Co Ltd to verify this statement or regarding my (our ) competence and general
reputation.
5. The undersigned understands and agrees that further qualifying information may be
requested, and agrees to furnish any such information at the request of the MPMRCL.
Signed by an authorized officer of the
firm/company_______________________________
Title of Officer______________________________
Name of Firm/company_______________________________
Date_______________________________________
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Annexure-5: Pending Litigation
Bidder‘s legal name…………………… Date……………………………………………
Group Members Legal Name……………………………Page ………..of ……………..pages
(Each Applicant or member of a JV/consortium must fill in this form)
Pending Litigation
No pending litigation :_____________
Pending Litigation in terms of arbitration, litigation etc. is indicated below:-
Year Assignment Identification
and Matter in Dispute
Value of
Assignment
Value of Pending
Claim in INR
Contract Name:
Name of Employer
Address of Employer
Matter in Dispute
Contract Name:
Name of Employer
Address of Employer
Matter in Dispute
Contract Name:
Name of Employer
Address of Employer
Matter in Dispute
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Annexure - 6: Project Data Sheet
(Each JV/consortium member should submit separate Data Sheet for each projects)
[Using the format below, provide information on each assignment of Similar consultancy work
in terms of clause 1.4 of SECTION 3: SHORTLISTING (Pre-Qualification) OF CONSULTANT
for which your firm and each joint venture/consortium member for this assignment, was legally
contracted either individually as a corporate entity or as a lead firm or one of members within a
joint venture/consortium, for carrying out consulting services similar to the ones requested
under this assignment. Each member of JV/consortium shall provide separate details.]
Firm‘s Name: _______________________________________________________________
[Insert Name of legally contracted firm]
Claiming Member‘s Name: _____________________________________________________
[Insert Name of claiming member in case of Joint Venture/consortium]
Country of claiming member: ____________________________________________________
[Insert Name of Country of Registered Office]
Details:
Assignment name:
Name of Client:
Country of assignment:
Address:
Start date (month/year):
Completion date (month/year):
Duration of assignment (months):
Field of professional services provided by claiming
member
(General Consultant/ Project Management for
Merto/LRT only)
Percentage participation of claiming member in the
Joint venture/Consortium.
Value of the assignment/contract (Original amount in
the currency of the contract, as well as in INR)
Original Value:
Value after Escalation:
Value in NRI:
Value of the services provided by claiming member
under the contract as per Percentage participation of
claiming member in the Joint
venture/Consortium.(Original amount in the currency
of the contract, as well as in INR)
Original Value:
Value after Escalation:
Value in NRI:
Assignment claimed against 1900 million/ 1200 million/ 90 million or more
Present status of the project: (Completed/ In progress/ Not Started)
Claiming member is a Lead member or Other Lead/Other
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member in the JV/Consortium for this proposal
If country of assignment and country of claiming
member is same for foreign member than name of
assignment details provided for foreign assignment
(Name and Page)
Details of completion certificate from client (Page: from___ to___)
Details of the documents provided in case the
completion certificate from privet client as per clause
1.4 of SECTION 3: SHORTLISTING (Pre-
Qualification) OF CONSULTANT
(Page: from___ to___)
Narrative description of Project*:
Description of actual services provided in the assignment**:
*Narrative description of Project:
(Indicate also gauge, type of traction viz., diesel, AC/DC, 3rd rail/OHE, voltage, etc.; type of
Signaling and Telecommunications viz., computer based interlocking, Automatic Train
Operation, Automatic Train Protection, Continuous Automatic Train Control, Cab signaling,
etc.; size and special features of Rolling stock; Workshop and Depot size, schedule of rolling
stock inspections; any other special features of the Project)
**Description of Actual Services provided:
(Indicate also who prepared the Detailed Project Report. The services provided to be indicated
as a General Consultant, Project Management and Independent Engineer including supervision,
installation, commissioning, etc. in the various fields of work like, Civil Engineering Structures,
Ballast-less track, Electric Traction & Distribution, Signaling & Telecommunications, Rolling
Stock, Workshop & Depot, Traffic integration, Environmental aspects, Automatic Fare
collection, O&M, etc.
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Following escalation factors based on yearly compounded method at the rate of 5% per
year for Indian Rupees and 2% per year for foreign currency (ies) should be considered
for calculating the received fees at price level of Year 2015.
Year Escalation factor at the rate of 5% per
Year for Indian Rupees
Escalation factor at the rate of 2% per
Year for foreign currency (ies)
2006 1.5513 1.1951
2007 1.4775 1.1717
2008 1.4071 1.1487
2009 1.3401 1.1262
2010 1.2763 1.1041
2011 1.2155 1.0824
2012 1.1576 1.0612
2013 1.1025 1.0404
2014 1.0500 1.0200
2015 1.0000 1.0000
1 The selling rate of exchange of Reserve Bank of India on the date (19.01.2017), twenty
eighty (28) days prior to the date specified for submission of Proposals should be
considered for calculating equivalent Indian Rupees.
2 Relevant client certificate or any other authenticated evidence should be attached for
verification.
a. All years starts from 1st January and ends on 31
st December
b. Claimed work completion certificate from the client.
c. In case the work is executed for private client, copy of work order, bill of quantities,
bill wise details of payment received certified by Chartered Accountant (CA), T.D.S
certificates for all payments received and copy of final/last bill paid by client shall
also be submitted along with the completion certificate.
d. If consultancy assignment was carried out as JV/ Consortium, the share of particular
firm for which details are furnished above should be clearly brought out in the client
certificate.
e. Completion certificate issued by the client should indicate the nature /scope of work,
actual completion cost and date of completion etc.
f. In absence of such evidence(s), client may not consider the claimed credential.
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Annexure- 6A: Summary of Information provided in Annexure- 6
Bidder‘s legal name ………………………… Date……………………………….
Group Member‘s legal name…………………… Page…………of……………pages
Sr.
No.
Name of Bidder (each member in
case of group)
Number of completed
Works
Value of Each
completed works
in the last 10
financial years
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Annexure - 7: Financial Data for Liquidity and Net Worth
[To be submitted by each member of the JV/Consortium separately]
(Amount in Crores INR)
Liquidity:
Available Liquid assets of the member (Lead/Other):
Documents provided for Available Liquid assets:
Net Worth:
Net Worth of the bidder during last audited financial year:
Documents provided for Net Worth of the bidder during last audited financial year:
Note:
1. Separate Performa shall be used for each member in case of JV/Consortium.
2. All such documents shall reflect the financial data of the bidder or member in case of
JV/Consortium, and not that of sister or parent company.
3. The financial data in above prescribed format shall be certified by Chartered Accountant /
Statutory Auditor of the company in original, under his signature, stamp and membership
number.
4. The above financial data shall be updated to 31.12.2015/31.03.2016 considering price
level assuming 5% inflation for Indian Rupees every year and 2% for foreign currency
portions per year (Refer Annexure - 6: Project Data Sheet).
5. Financial year shall mean the financial year of the country of bidder/consultancy
firm/company.
6. In case the Liquidity is inadequate, the bidder may submit Banking Reference to establish
that they have access to the required working capital (refer Annex-8A).
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Annexure - 8: Financial Data of the Consultant
Turnover:
Sr.
No.
Financial Year Turnover
Actual Escalated
1
2
3
5
6
7
8
9
10
Total:
Average:
Currency/Exchange Rate:
Average Turnover in INR (In Crores):
Documents submitted for Turnover: __________________________________________
Note:
Attach copies of the audited balance sheets, including all related notes, income statements for the
last ten audited financial years, as indicated above, complying with the following conditions:
1. Separate Performa shall be used for each member in case of JV/Consortium.
2. All such documents & details shall reflect the financial data of the bidder or member in case
of JV/Consortium, and not sister or Parent Company.
3. Historic financial statements shall be audited by certified chartered accountant /Statutory
Auditor of the Company under their seal & stamp and shall be strictly based on Audited
Annual Financial results of the relevant period(s). No statements for partial periods will be
accepted.
4. Historic financial statements must be complete, including all notes to the financial
statements.
5. Foreign applicants, in whose country calendar year is also the financial year, may submit all
relevant data for the last 10 years i.e. 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013,
2014 and 2015.
6. The above Annexure-8 shall be duly certified by Chartered Accountant / Statutory Auditor
of the company in original under his signature, stamp and membership number.
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Annexure- 8A:Sample Format for Banking Reference for Liquidity
BANK CERTIFICATE
This is to certify that M/s .................................................... is a reputed firm/company with a good
financial standing.
If the contract for the work, namely..............................................................................is awarded to
the above firm/company, we shall be able to provide overdraft / credit facilities to the extent of
INR...................... to meet their working capital requirements for executing the above contract.
___Sd.___
Name of Bank: ___________________
Senior Bank Manager______________
Address of the Bank_______________
Change the text as follows for Joint Venture/Consortium :
(to be provided by each member of JV/Consortium separately)
This is to certify that M/s .................................................... who has formed a JV/Consortium with
M/s .................................................... and M/s .................................................... for participating in
this bid, is a reputed company with a good financial standing.
If the contract for the work, namely..............................................................................is awarded to
the above joint venture/consortium, we shall be able to provide overdraft / credit facilities to the
extent of INR…................... to M/s …................................................. to meet their working capital
requirements for executing the above contract
[This should be given by the JV/Consortium member is proportion to their financial participation]
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SECTION 4: TECHNICAL PROPOSAL
PROPOSAL DOCUMENT
FOR
SELECTION OF GENERAL CONSULTANT
FOR
METRO RAIL PROJECTS AT BHOPAL AND INDORE
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Table of Technical Forms
TECH No. Form
TECH-1: Technical Proposal Submission Form
TECH-2: Consultant‘s Organization and Experience
A. Consultant‘s Organization
B. Consultant‘s Experience
TECH-3: Comments and Suggestions on the Terms of Reference
TECH-4: Description of Approach, Methodology and Work Plan for Performing the
Assignment
TECH-5: Team Composition, Task Assignments and Summary of CV information
TECH-6: Curriculum Vitae (CV) for Proposed Key Experts
TECH-7: Expert Schedule
TECH-8: Work Schedule
TECH-9: Deployment Schedule
TECH-10: Acknowledgement of Compliance with the Guidelines for Employment of
Consultants
TECH-11: Curriculum Vitae (CV) for Proposed Non-Key Experts
TECH-12: Curriculum Vitae (CV) for Proposed Support Staff.
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TECH-1: Technical Proposal Submission Form
[Insert Location, Date]
To:
THE MANAGING DIRECTOR
MADHYA PRADESH METRO RAIL Co LTD
Palika Bhawan
Shivaji Nagar, Bhopal, Pin – 462016
Madhya Pradesh, INDIA
Dear Sir:
I/We, the undersigned, offer to provide the consulting services for General Consultancy in
accordance with your Request for Proposals dated [Insert Date].I/We are hereby submitting
our Technical Proposal.
[If the Consultant is a joint venture/consortium, insert the following: We are submitting our
Proposal as a joint venture/consortium with: [Insert a list with full name and the legal address
of each member, and indicate the lead member]. We have attached a copy [insert: “of our
letter of intent to form a joint venture/consortium” or, if a JV/consortium is already formed,
“of the JV/consortium agreement”] signed by every participating member, which details its
likely legal structure and the confirmation of joint and severable liability of the members of
the said joint venture/consortium.]
I/We understand that the Client is not bound to accept any Proposal that the Client receives.
I/We remain,
Yours sincerely,
Authorized Signature [in full and initials]:____________________________________
Name and Title of Authorized Signatory: _____________________________________
Name of Consultant [company’s name or JV’s/consortium’s name]:________________
In the capacity of: _______________________________________________________
Address: ______________________________________________________________
Contact information [phone and e-mail]: _____________________________________
[For a joint venture/consortium, either all members shall sign or only the lead member, in
which case the power of attorney to sign on behalf of all members shall be attached]
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TECH-2: Consultant’s Organization and Experience
A - Consultant’s Organization
[Provide here a brief (two pages) description of the organization and general experience of
the Consultant and, if applicable, each joint venture/ consortium member for this
assignment.]
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B - Consultant’s Experience
[Using the format below, provide information on each assignment of relevant eligible
projects (read with 19. (i) of Attachment 1 to Data Sheet) for which your firm and each
joint venture/consortium member for this assignment, was legally contracted either
individually as a corporate entity or as a lead firm or one of members within a joint
venture/consortium, for carrying out consulting services similar to the ones requested
under this assignment. Each member of JV/consortium shall provide separate details. Use
about 60 pages.]
Firm‘s Name: _____________________________________________________________
[Insert Name of legally contracted firm]
Claiming Member‘s Name: __________________________________________________
[Insert Name of claiming member in case of Joint Venture/consortium]
Details:
Assignment name:
Country:
Location within country:
Name of Client:
Address:
Start date (month/year):
Completion date (month/year):
Duration of assignment (months):
Field of professional services provided by
claiming member
(General Consultant/ Project Management/
Independent Engineer)
Percentage participation of claiming member in
the Joint venture/Consortium.
Value of the contract (Original amount in the
currency of the contract, as well as in INR)
Value of the services provided/actual fee received
by claiming member under the contract (Original
amount in the currency of the contract, as well as
in INR):
Present status of the project: (Completed/ In progress/ Not Started)
Total No of man-months of the assignment:
No. of professional man-months provided by the
claiming member:
Length of the Project (in km) Total:
Elevated:
Underground:
At grade:
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Name of joint venture/consortium members or
Sub-consultants, if any:
Narrative description of Project*:
Description of actual services provided in the assignment**:
*Narrative description of Project:
(Indicate also gauge, type of traction viz., diesel, AC/DC, 3rd rail/OHE, voltage, etc.; type
of Signaling and Telecommunications viz., computer based interlocking, Automatic Train
Operation, Automatic Train Protection, Continuous Automatic Train Control, Cab
signaling, etc.; size and special features of Rolling stock; Workshop and Depot size,
schedule of rolling stock inspections; any other special features of the Project)
**Description of Actual Services provided:
(Indicate also who prepared the Detailed Project Report. The services provided to be
indicated as a General Consultant, Project Management and Independent Engineer
including supervision, installation, commissioning, etc. in the various fields of work like,
Civil Engineering Structures, Ballast-less track, Electric Traction & Distribution,
Signaling & Telecommunications, Rolling Stock, Workshop & Depot, Traffic integration,
Environmental aspects, Automatic Fare collection, O&M, etc.)
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Received consultancy fees from the project: [Insert name]
Received fees by the Claiming Member
Actual
(Without currency conversion)
Escalated
(Without currency conversion)
Year INR
(In case amount
received in Rs)
Other Currency *
(In case amount
received other than
INR)
INR
(X)
Other Currency*
(Y)
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
Exchange Rate
Equivalent Indian Rupees (INR) Total ―X‖ Total ―Y‖
Total Equivalent India Rupees (INR) ―X + Y‖
*Currency other than INR
Note: Separate sheet may be attached as necessary (separate for each project).
Notes:
[These notes are for instructions only and may be deleted from submissions]
In terms of clause 19. (i) of Attachment 1 to Data Sheet, Eligible projects are the similar projects
of Metro/ LRT System in which fee excluding indirect taxes valued at not less than Rs 900
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million (Rs 90 crore) have been received by the member(s) of the bidding consortium in the
previous 10 years i.e. from 01.01.2006 to 31.12.2015.
1. All years starts from 1st January and ends on 31st December.
2. Following escalation factors based on yearly compounding method at the rate of 5% per
year for Indian National Rupees and 2% per year for foreign currency(ies) should be
considered for calculating the received fees at price level of Year 2015.
Period Escalation factor at the rate of
5% per Year for Indian
Rupees
Escalation factor at the rate
of 2% per Year for foreign
currency(ies)
01.01.2006 to 31.12.2006 1.5513 1.1951
01.01.2007 to 31.12.2007 1.4775 1.1717
01.01.2008 to 31.12.2008 1.4071 1.1487
01.01.2009 to 31.12.2009 1.3401 1.1262
01.01.2010 to 31.12.2010 1.2763 1.1041
01.01.2011 to 31.12.2011 1.2155 1.0824
01.01.2012 to 31.12.2012 1.1576 1.0612
01.01.2013 to 31.12.2013 1.1025 1.0404
01.01.2014 to 31.12.2014 1.0500 1.0200
01.01.2015 to 31.12.2015 1.0000 1.0000
3 The selling rate of exchange of Reserve Bank of India on the date Twenty Eight (28) days
(i.e. as on 19.01.2017) prior to the date specified for submission of Proposals should be
considered for calculating equivalent Indian Rupees.
4 Relevant client certificate or any other authenticated evidence should be attached for
verification.
a. Claimed year wise received consultancy fees by the claiming member should
correspond with the client certificate.
b. In case the year wise break-up of received consultancy fees not mentioned in client
certificate than the average received consultancy fees per year may be considered.
However, the total received consultancy fees of the claiming member (or percentage
of claiming member) must be mentioned in client certificate, same can also be
certified by statutory auditor/chartered accountant and produced as proof.
c. If consultancy assignment was carried out as JV/ Consortium, the share of particular
member for which details are furnished above should be clearly brought out in the
client certificate/document.
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d. Completion certificate issued by the client indicating the nature /scope of work,
actual completion cost and date of completion etc.
e. In absence of such evidence(s), client may not consider the claimed credential.
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TECH-3: Comments and Suggestions onTOR
Terms of Reference
[Present and justify here any modifications or improvement to the Terms of Reference you
are proposing to enhance performance in carrying out the assignment (such as deleting some
activity you consider unnecessary, or adding others, or proposing a different phasing of the
activities, suggesting pool of experts with tentative remuneration, any innovative/creative
suggestions that has a positive impact on overall project).Client will provide office space for
GC staff at head office and in city offices along with security and housekeeping staff at the
offices. Rest of the arrangement has to be done by the GC.]
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TECH-4: Description of Approach, Methodology and Work Plan
Technical approach, methodology and work plan are key components of the Technical
Proposal, You are suggested to present your Technical Proposal (about 70 pages, inclusive of
charts and diagrams) divided into the following three chapters:
a. Technical Approach and Methodology,
b. Work Plan, and
c. Organization and Staffing,
a) Technical Approach and Methodology: In this chapter you should explain your
understanding of the objectives of the assignment, main issues/concerns toward project
implementation, blue print and roadmap for comprehensive implementation. With focus
on but not limited to time bound, quality, economical, sophisticated, innovative
mechanism and financing of the project with special focus on maximizing fare box and
non-fare box revenue, reducing capex and opex. Also mention appropriateness and
suitability of the system components in terms of techno commercial viability and
economy of scale, learning and experiences of best practices adopted worldwide and in
India for implementation of Metro/MRTS projects. Provide Innovativeness proposed for
project implementation, comparative analysis of technical approach and
methodology and SWOT analysis of the Metro projects implemented in India and
some of the latest, major and important projects implemented worldwide, Multi
criteria and alternative analysis for best mode of implementing/contracting for the
project, approach to the services, methodology for carrying out the activities and
obtaining the expected output and the degree of detail of such output. You should
highlight the problems being addressed and their importance and explain the technical
approach you would adopt to address them. You should also explain the methodologies
you propose to adopt and highlight the compatibility of those methodologies with the
proposed approach. Unique selling points (USPs) of the approach and methodology of
the project should also be specifically mentioned project. Staff for training should also be
explained, if so required in the ToR. Along with other documents Gantt, PERT/CPM
Chart towards technical approach and methodology should also be attached. Please do
not repeat/copy the ToR here.
b) Work Plan: In this chapter you should propose the main activities of the assignment,
their content and duration, pre requisites, pre clearances and other clearances, critical
path factors, bottlenecks and hurdles causing delay in the project implementation and
escalation in the project cost. Lessons learnt from global and Indian experiences of
Metro project implementation, comparative analysis of the implementation/work plan
(initial and final) of different metros in India and some of the latest, major and important
projects implemented worldwide should be done and time bound implementation of the
project phasing and interrelations, milestones, comprehensive yet shortest scheduling
(including interim approvals by the Client), and delivery dates of the reportsto be
provided. The proposed work plan should be consistent with the technical approach and
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methodology, showing understanding of the TOR and ability to translate them into a
feasible working plan. A list of the final documents, including reports, drawings, and
tables to be delivered as final output, should be included here. The work plan should be
consistent with the Work Schedule of Form TECH-8. Unique selling points of the work
plan should be specifically mentioned. Claim management methodology and training
plan will be the integral part of the work plan. Work plan should also be submitted in
Gantt chart along with critical path factors and man months.
c) Organization and Staffing: In this chapter you should propose the structure and
composition of your team. You should list the main disciplines of the assignment, the
Key Experts and Non-Key Experts and proposed technical and administrative support
staff. You shall also specify, who will be the lead member in a joint venture/consortium
and responsibilities of each member. Staff scheduling will be integral part of this chapter.
It should be consistent with the technical approach, methodology and work plan. Specific
work, deliverables and respective man months should be depicted in the Gantt/Bar Chart.
[If required for comprehensive understanding of the approach, methodology and work
plan presentation could also be asked for but presentation will be based on TECH-4
submitted along with the bid document. Client may or may not call for the presentation
and it will the sole discretion of the client.]
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TECH-5: Team Composition,
Task Assignments and Summary of CV Information
Sr.
No.
Full
Name
Age
(In years
as on date
of
submission
of
proposal)
Proposed
position
Key/
Non
key/
Support
staff
Post
Qualification
Experience
Assignment
relevant
Experience
Qualification
(Year/Institute)
Present/previous
position
Name of
Present/previous
Consultant
Present/previous
Position
Key/ Non-key/
Support staff
CV singed by
Expert (Yes/No)
Note: In case of any discrepancy in the above summary, information in the relevant CV will be treated as authentic.
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TECH-6: Curriculum Vitae (CV) for Proposed Key Experts
1. General
Position Title [e.g., K-1, TEAM LEADER] [Note: Only one candidate shall be nominated to each
position.]
Name of Key Expert [Insert full name]
Name of the member of JV/Consortium
proposing the Key Expert
Date of Birth [Day/month/year]
Nationality
Country of Current Residence
2. Education: [List college/university or other specialized education, giving names of educational institutions, dates attended with year,
degree(s)/diploma(s) obtained]
_________________________________________________________________________________________________________________
_____________________________
3. Employment Record (Post Qualification): [Starting with present position, list in reverse order, every employment held. List all the
positions held by the expert post qualification. Give name of employing organization, title of position held, dates (From-To) and location of
the assignment].
4. Employment record (Relevant eligible assignments for Expert): [Starting with present position, list in reverse order. Please provide dates
(From-To),titles of position held, name of employing organization, types of activities performed and location of the assignment, and contact
information of previous clients and employing organization(s) who can be contacted for references. Past employment that is not relevant to
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the assignment does not need to be included.]
Sr.
No.
Period Position/Post
Held
Employing organization and Contact
information for references
Country Name of the
project
Summary of
activities
Performed
relevant to the
Assignment
[e.g., May
2011- Present]
[e.g.,
advisor/consultant
to…
[e.g., Ministry of ……,
For references: Tel…………/email……;
Mr. XXX, deputy minister]
5. Membership in Professional Associations and Publications:
____________________________________________________________________
6. English Language Skills:
English Language Skills* Remarks
Read Write Speak Kindly attached
documents/
certificates if
expert proposed
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has specific
qualification in
English or his/her
medium of
education was
English
*under language skills give gradation as excellent, very good, good, average and poor for every sub category.
7. Experience of working in Developing Countries in relevant eligible assignments
Sr. No. Name of the
project
Country City Position Year
8. Adequacy for the Assignment:
Detailed Tasks Assigned on Consultant’s Team of Experts:
[List major deliverables/tasks as in TECH- 8 in which the Expert will be involved]
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Reference to Prior Work/Assignments that Best Illustrates Capability to Handle the
Assigned Tasks
9. Certification:
I, the undersigned, certify to the best of my knowledge and belief that:
(i). This CV correctly describes my qualifications and my experience;
(ii). I am committed to undertake the assignment within the validity of Proposal;
(iii). I am not part of the team who wrote the terms of reference for this consulting services assignment;
(iv). I am, pursuant to Clauses 4 and 5 of the ITC, eligible for engagement.
I understand that any misstatement described herein may lead to my disqualification or dismissal, if engaged.
___________________________________________________Date: _______________
[Signatures of Key Expert]
Full name of Key Expert: _______________________________________
[Signature of authorized representative of the firm]
Day/Month/Year
Full name of authorized representative: _______________________________________
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TECH-7: Expert Schedule
No Name of Expert
/Position/Category
Professional Expert Man Months (in the form of a bar/Gantt chart) Man months input
1 2 3 4 5 6 7 8 9 10 11 12 n
On site
Man
Months
Back
office
Man
Months
Total
Man
Months
Key Experts
1 Mr. XYZ Project
Manager
2
N
Subtotal
Non-Key Experts
1
2
n
Subtotal
Support Staff
1
2
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n
Subtotal
Total
1. For Key Experts, the input should be indicated individually for the same position as required under Clause 19 of the Data Sheet; for
Non- Key Experts/Support staff it should be indicated individually, or, if appropriate, by category (e.g. economists, financial analysts,
etc.).
2. The bar chart should start from the deployment month‘s column for expert rather than from the first column.
3. Months are counted from the start of service.
4. One (1) month equals twenty four (24) working days. One (1) working day shall not be less than eight (8) hours.
5. On site means work carried out at a place in the project cities.
6. For On site.
7. For Back office.
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TECH-8:Work Schedule
No Activity Months
1 2 3 4 5 6 7 8 9 10 11 12 n
1
2
3
4
n
1. Indicate all main activities of the assignment, including delivery of reports (e.g.: inception, interim, and final reports and their sub
activities), and other benchmarks such as Client approvals. For phased assignments indicate activities, delivery of reports, and
benchmarks separately for each phase.
2. Duration of activities shall be indicated in the form of a bar/Gantt chart. Relation between activities (independent/parallel/sequential)
should be marked on the chart.
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TECH-9: Deployment Schedule
No
Activity Experts
Total man months Months
1 2 3 4 5 6 7 8 9 10 11 … n
Key Non-Key Support
1
2
3
4
n
( : Onsite deployment) ( : Back office deployment)
1. Indicate all main activities of the assignment, including delivery of reports (e.g.: inception, interim, and final reports and their sub
activities), and other benchmarks such as Client approvals. For phased assignments indicate activities, delivery of reports, and
benchmarks separately for each phase.
2. Duration of activities shall be indicated in the form of a bar/Gantt chart.
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TECH-10: Acknowledgement of Compliance
A) I,[name and position of authorized signatory] being duly authorized by [name of
Consultant/members of joint venture/consortium] (―Consultant‖) to execute this
Acknowledgement of Compliance with Guidelines for Employment of Consultants, hereby
certify on behalf of the Consultant and myself that all information provided in the
Technical and Financial Proposals (collectively ―Proposals‖) submitted by the Consultant
for [name of the Project] (hereinafter called ―the Project‖) is true, correct and accurate to
the best of the Consultant‘s and my knowledge and belief. I further certify, on behalf of the
Consultant, that:
(i). the Proposals have been prepared and submitted in full compliance with the terms and
conditions of the RFP and
(ii). the Consultant has not, directly or indirectly, taken any action which is or constitutes a
corrupt, fraudulent, collusive or coercive act or practice in violation of the provision of
the RFP and is not subject to any conflict of interest as stipulated in the relevant section
of this documents.
<If debarment for more than one year by the World Bank Group is NOT imposed, use the
following sentence B).>
B) I certify that the Consultant has NOT been debarred by the World Bank Group for more
than one year since the date of issuance of the Request for Proposals.
<If debarment for more than one year by the World Bank Group has been imposed BUT
three (3) years have passed since the date of such debarment decision, use the following
sentence B’).>
C) I certify that the Consultant has been debarred by the World Bank Group for a period more
than one year BUT that on the date of issuance of the Request for Proposals at least three
(3) years had passed since the date of such debarment decision. Details of the debarment
are as follows:
Name of debarred
firm
Starting date of
Debarment
Ending date of
Debarment
Reason for
debarment
D) I certify that the Consultant at present is not blacklisted/ debarred by the GoI/State
Governments/ PSUs and consultant will not enter into a sub contract with an entity or
individual which at present is blacklisted/debarred.
E) I certify that the experts of the Consultant having a direct contract with the Consultant or
expert nominated by the Consultant, who are assigned to this contract on time basis, will
not be engaged in any other assignment which may have time conflict with the Contract.
F) I certify, on behalf of the Consultant, that if selected to undertake services in connection
with the Contract, the Consultant shall carry out such services in continuing compliance
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with the terms and conditions of the RFP.
G) If any of the statements made herein is subsequently proven to be untrue or incorrect based
on facts subsequently determined, or if any of the warranties or covenants made herein is
not complied with, the Consultant will accept, comply with, and not object to any remedies
taken by the Employer and any sanctions imposed by or actions taken by client.
____________________________
Authorized Signatory
[Insert name of signatory; title]
For and on behalf of the Consultant
Date:
___________________________
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TECH-11: Curriculum Vitae (CV) for Proposed Non-Key Experts
1. General
Position Title [e.g., NK-1, SR. CONTRACT EXPERT] [Note: Only one
candidate shall be nominated to each position.]
Name of Non-Key Expert [Insert full name]
Name of the member of
JV/Consortium proposing the
Non-Key Expert
Date of Birth [Day/month/year]
Nationality
Country of Current Residence
2. Education: [List college/university or other specialized education, giving names of
educational institutions, dates attended with year, degree(s)/diploma(s) obtained]
__________________________________________________________________________
____________________________________________________________________
3. Employment Record (Post Qualification): [Starting with present position, list in reverse
order, every employment held. List all the positions held by the expert post qualification.
Give name of employing organization, title of position held, dates (From-To) and location of
the assignment].
4. Employment record (Relevant eligible assignments for Expert): [Starting with present
position, list in reverse order. Please provide dates (From-To),titles of position held, name of
employing organization, types of activities performed and location of the assignment, and
contact information of previous clients and employing organization(s) who can be contacted
for references. Past employment that is not relevant to the assignment does not need to be
included.]
S
r.
N
o.
Period Position/P
ost Held
Employing organization
and Contact information
for references
Country Name of
the
project
Summary
of activities
Performed
relevant to
the
Assignment
[e.g., May
2011-
[e.g.,
advisor/con
[e.g., Ministry of ……,
For references:
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Present] sultant to…
Tel…………/email……;
Mr. XXX, deputy
minister]
5. Membership in Professional Associations and Publications:
____________________________________________________________________
6. English Language Skills:
English Language Skills* Remarks
Read Write Speak
*under language skills give gradation as excellent, very good, good, average and poor for
every sub category.
7. Certification:
I, the undersigned, certify to the best of my knowledge and belief that:
(v). This CV correctly describes my qualifications and my experience;
(vi). I am committed to undertake the assignment within the validity of Proposal;
(vii). I am not part of the team who wrote the terms of reference for this consulting services
assignment;
(viii). I am, pursuant to Clauses 4 and 5 of the ITC, eligible for engagement.
I understand that any misstatement described herein may lead to my disqualification or
dismissal, if engaged.
___________________________________________________Date: _______________
[Signatures of Non-Key Expert]
Full name of Non-Key Expert: _______________________________________
[Signature of authorized representative of the firm]
Day/Month/Year
Full name of authorized representative: _______________________________________
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TECH-12: Curriculum Vitae (CV) for Proposed Support Staff
1. General
Position Title [e.g., S-1, IT MANAGER] [Note: Only one candidate
shall be nominated to each position.]
Name of Support Staff [Insert full name]
Name of the member of
JV/Consortium proposing the
Support Staff
Date of Birth [Day/month/year]
Nationality
Country of Current Residence
2. Education: [List college/university or other specialized education, giving names of
educational institutions, dates attended with year, degree(s)/diploma(s) obtained]
__________________________________________________________________________
____________________________________________________________________
3. Employment Record (Post Qualification): [Starting with present position, list in reverse
order, every employment held. List all the positions held by the expert post qualification.
Give name of employing organization, title of position held, dates (From-To) and location of
the assignment].
Sr.
No
.
Period Position/
Post Held
Employing organization
and Contact information
for references
Country Name of
the
project
Summary of
activities
Performed
[e.g.,
May
2011-
Present]
[e.g.,
advisor/con
sultant to…
[e.g., Ministry of ……,
For references:
Tel…………/email……;
Mr. XXX, deputy
minister]
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4. English Language Skills:
English Language Skills* Remarks
Read Write Speak
*under language skills give gradation as excellent, very good, good, average and poor for
every sub category.
5. Certification:
I, the undersigned, certify to the best of my knowledge and belief that:
(ix). This CV correctly describes my qualifications and my experience;
(x). I am committed to undertake the assignment within the validity of Proposal;
(xi). I am not part of the team who wrote the terms of reference for this consulting services
assignment;
(xii). I am, pursuant to Clauses 4 and 5 of the ITC, eligible for engagement.
I understand that any misstatement described herein may lead to my disqualification or
dismissal, if engaged.
___________________________________________________Date: _______________
[Signatures of Support Staff]
Full name of Support Staff: _______________________________________
[Signature of authorized representative of the firm]
Day/Month/Year
Full name of authorized representative: _______________________________________
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SECTION 5: FINANCIAL PROPOSAL
PROPOSAL DOCUMENT
FOR
SELECTION OF GENERAL CONSULTANT
FOR
METRO RAIL PROJECTS AT BHOPAL AND INDORE
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FIN-1: Financial Proposal Submission Form
[Location, Date]
To:
Madhya Pradesh Metro Rail Co Ltd
Palika Bhawan
Shivaji Nagar, Bhopal, Pin – 462016
Madhya Pradesh, INDIA
Attention: Managing Director
Dear Sirs:
We, the undersigned, offer to provide the General Consultancy for Metro Rail
Projects at Bhopal and Indore in accordance with your Proposal dated [insert Date]. Our
attached Financial Proposal is for the sum of ......... INR [insert amount(s) in figures and in
words1].
Our Financial Proposal shall be binding upon us subject to the modifications resulting
from Contract negotiations up to expiration of the validity period of the Proposal, i.e. the date
indicated in Clause 12 of the Data Sheet.
We understand that client reserves the right to reject all or any of the Proposals
without assigning any reasons whatsoever.
We remain,
Yours sincerely,
Authorized Signature [in full and initials]:…………………………………………………
Name and Title of Signatory:]:…………………………………………………
Name of Firm: ]:…………………………………………………
Address:]:…………………………………………………
1. Amounts must coincide with the ones indicated under Total in FIN-2. This amount is
exclusive of the indirect taxes, which shall be confirmed during negotiations, and
included in the Contract price.
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FIN-2: Summary of Costs
Amount in INR
Competitive Components:
Remuneration and
other overheads*
Sub-Total
Non-Competitive Components:
Indirect Taxes
Estimates
Provisional sums 20,00,00,000/-
Contingencies 15,00,00,000/-
Sub-Total
Total
(in figures and in
words)
* Includes allowances, reimbursable expenses and any other expenses.
1. Indicate the aggregate costs, which are exclusive of indirect taxes as payable by the
Client in terms of Clause 14 of Section 7: Special Conditions of Contract, Such aggregate
costs must coincide with the sum of the relevant sub-totals indicated in FIN-3 provided
with the Proposal.
2. As per requirement of other overhead expenses separate table could be attached as
Fin-3D, which would have mention of Serial No., different overhead items, unit
rates/lump sum rate of each item and Total.
Note: Aggregate cost (but not the rate of remuneration) with reference to number of man
months to be discussed and finalized at the time of negotiations if the Contract is awarded.
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FIN-3: Remuneration
FIN-3A : Key Experts
Sr. No Name of Expert Position Expert Proposed by (member
name)
On site/ Back Office
rate per Month1
in INR
Number of Man
month
Sub-Total
On site Back
office On site
Back
office
XXX Project Director
YYY Chief Quantity
Surveyor and Cost
Estimator
ZZZ Chief Financial
Advisor
Remuneration Sub-Total
1. The qualification and experience of Key Experts shall be complied with as per Attachment III (B) of Terms of Reference while proposing candidates for
respective positions
2. Rates per month to be quoted inclusive of the basic salary (including other financial benefits payable such as vacation pay, sick leave pay, insurance,
social charges/ social security contribution, etc.), all local and foreign taxes, duties, levies, charges and all other costs which has not been included
anywhere else, excluding indirect taxes.
3. Remunerations will be paid on the basis of man months only. Key experts working on site/back office shall be paid as per actual man days worked, their
man months shall be finalized in consultation with the client.
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FIN-3B : Non-Key Experts
Sr. No Position
Expert Proposed
by (member
name)
On site/ Back Office
rate per Month1
in INR
Number of Man month Sub-Total
On site Back office On site Back office
AAA Resident Engineer
BBB Section Engineer
Remuneration Sub-Total
1. The qualification and experience of Non-Key Experts shall be complied with as per Attachment III(B) to Terms of Reference while
proposing candidates for respective positions.
2. Rates per month to be quoted inclusive of the basic salary (including other financial benefits payable such as vacation pay, sick leave pay,
insurance, social charges/ social security contribution, etc.), all local and foreign taxes, duties, levies, charges and all other costs which has
not been included anywhere else excluding indirect taxes.
3. Remunerations will be paid on the basis of man months only. Non-key experts working on site/back office shall be paid as per actual man
days worked, their man months shall be finalized in consultation with the client.
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FIN-3C : Support Staff
Sr. No Position (Group) Staff Proposed by
(member name)
On site/ Back Office
rate per Month1
in INR
Number of Man month
Sub-Total
On site Back
office
On site Back
office
XXX Drafts Man
YYY Office Assistants
Remuneration Sub-Total
1. The qualification and experience of Support Group staff shall be complied with as per Attachment III(B) to Terms of Reference while
proposing candidates for respective positions.
2. Rates per month to be quoted inclusive of the basic salary (including other financial benefits payable such as vacation pay, sick leave pay,
insurance, social charges/ social security contribution, etc.), all local and foreign taxes, duties, levies, charges and all other costs which has
not been included anywhere else, excluding indirect taxes.
3. Remunerations will be paid on the basis of man months only. Support group working on site/back office shall be paid as per actual man days
worked, their man months shall be finalized in consultation with the client.
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Format of Fin-3D shall be as follows:-
Sr. No. Overhead Items* Unit Rate Total
TOTAL COST IN INR
* All other overhead items including allowances, reimbursable expenses and any other expenses required for carrying out the GC work should be mentioned
and total cost mentioned in Fin-3D should be essentially included in remuneration and other overhead column of Fin-2: Summary of Cost.
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Appendix: Instructions for Preparing Financial Proposal Form FIN-1 to FIN-3
1. Forms FIN-1 to FIN-3 must be completed and submitted to the Client in soft copies
strictly in accordance with the instructions.
2. It is the Consultant‘s responsibility to ensure the correct Financial Proposal format is used
for the selection method indicated in the Data Sheet.
3. Form FIN-1 Financial Proposal Submission Form shall be filled in the instructions
provided in the Form.
4. Form FIN-2 Summary of Costs. Form FIN-2 provides a summary of the elements of
estimated costs for implementation of the proposed Consultant services.
5. Form FIN-3 Remuneration
(i). The purpose of Form FIN-3 is to identify the monthly billing rates for each Key
Expert, Non-Key Expert and Support Group staff to be filled by the Consultant as part
of its proposed team. Please note that, for purposes of computing remuneration
payable to Experts and Staff. Payments for periods of less than one month shall be
calculated on a calendar-day basis (one day being equivalent to 1/30th of a month).
(ii). The following details shall be shown for each Expert:
a) Expert‘s name
b) Key or Non-Key Expert
c) Nominated position: same as that shown on Expert Schedule (Form TECH-7,
Section 4)
d) Currency: payments to the Experts and support staff will made in INR only.
e) On site rate; remuneration rate when the Expert is working in project cities.
f) Back office rate; remuneration rate when the Expert is working from the place other
than the project cities.
g) Months; number of months input to match that shown on the Expert Schedule
(Form TECH-7, Section 4).
6. General directions and descriptions of Terms of Reference/ scope of work are not
necessarily repeated or detailed in this document. References to the relevant sections of
the RFP should be made before quoting rates in the Financial Proposal.
7. The rates and prices quoted in the Financial Proposal shall, except as otherwise provided
under the Contract, include all equipment, manpower, supervision, materials,
maintenance, insurance, profit, royalty, taxes and duties, together with all general risks,
liabilities and obligations set out or implied in the Contract.
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8. All activities not specifically covered in the list of Items as mentioned in FIN-1 to FIN-3
including its corresponding attachments, but are required to be executed in order to
complete the scope of work have to be deemed as covered with in these mentioned items
of the list mentioned.
9. There is `NO‘ waiver/Concession and exemption from the Governments in respect of
Customs duty, Excise Duty, service tax any other taxes, duties, cess, Octroi/entry tax and
levies payable to various authorities.
10. No information relating to estimated cost or financial terms of services should be
included in the Technical Proposal.
11. All direct taxes applicable in State of Madhya Pradesh and in India to be included. All
indirect taxes applicable in the State of Madhya Pradesh and in India are to be excluded
from quoted amount of competitive component and to be mentioned under indirecttax
estimates along with supporting documents with mentioning rates, quantities and amount
of taxes, etc.
12. Such indirect taxes may include but not limited to Value Added Tax (VAT), Sales Tax,
Central Sales Tax, Octroi, Custom Duty, Excise Duty, Service Tax etc. for which the
Consultant is to obtain information at their own source and comply with, in arriving the
estimated value of such taxes.
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SECTION 6: TERMS OF REFERENCE
PROPOSAL DOCUMENT
FOR
SELECTION OF GENERAL CONSULTANT
FOR
METRO RAIL PROJECTS AT BHOPAL AND INDORE
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TERMS OF REFERENCE FOR GENERAL CONSULTANT (GC)
Objectives and Scope of Work
1.1 The objective of this contract is to obtain General Consultancy Services including
but not limited to strategic and financial consultancy including fare and non-fare
box revenue structuring, modeling ,design, procurement, construction, testing and
commissioning of the complete Metro Rail Projects at Bhopal and Indore including
all civil engineering structures, tracks, signals, telecom facilities, traction
arrangements, air conditioning & ventilation, rolling stock, O & M, maintenance
depots, stations, operation control center, offices, residential buildings, station
integration areas, bridges, flyovers, elevated, underground and surface sections
over the project routes and integration with other modes of transport, etc.
1.2 The summary of current route length and other salient features of the Bhopal and
Indore Metro Rail Projects have been given in Executive summary of the DPR
(part of this document – Attachment I & II)
1.3 The services shall include but not limited to tender packaging, preparation and
finalization of tender documents for civil, system, real estate and property
development contracts including preparing the conceptual plans for complete civil
engineering and system works, assisting client to fix contracts for civil, system, O
& M, real estate and property development works, evaluation of tenders, proof
checking system integration, assistance in procurement, construction supervision
(including monitoring of statutory obligations), project management services,
contract administration and interface management including assistance in
formulating/freezing of specifications, guide-lines, testing and commissioning of
Metro Rail Projects in relation but not limited to:
All civil structures, alignment & complete geometrical rail profile
Tracks,
Signals,
Telecom facilities,
Traction arrangements, Power Supply & SCADA
Air conditioning & ventilation,
Rolling stock,
Platform screen doors
Depots,
Stations,
Automatic fare collection,
Operation control centre,
Operation planning including degraded modes of operation,
Offices, residential and commercial complexes.
Station integration areas,
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Bridges,
Flyovers,
Elevated, surface and underground sections over the project routes
Integration with other modes of transport.
E&M comprising of lighting, fire fighting system, fire alarm, fire detection and
fire suppression system, public health & environment
Strategic and financial consultancy including fare box, property development
and other non-fare box revenue.
Legal services
IEC/PR services
Any other services and infrastructure required for successful completion,
operation and maintenance of the project
1.4 GC is also expected to carry out complete checking, verification and approval to
all civil/system contract design submissions including that of rolling stock,
certification of vendor sources and inspection of vendor items wherever needed,
supervision of all construction activities including installation of systems and
commissioning of rolling stock, integration of systems, ensuring specifications,
standards, safety and quality at worksites, monitoring and reporting the progress of
all works, supervision of system trials and system integration and ensuring
commissioning of the entire line in stages as per the milestones, at the same time
exercising utmost cost control measures.
1.5 The scope of work includes but is not limited to engage works and procurement
contract(s) including preparation of tender documents (consisting of Pre-
qualification criteria, Evaluation criteria, Specifications, Bill of Quantities (BOQ),
Special Conditions, etc.) and rendering any other assistance to client during
tendering process and finalization of the tenders. It also includes the services of
Project Management Consultants during execution of the project. GC will also be
responsible for timely execution of works through contractors.
1.6 In development of the project designs, the desired objectives of the client will
include but not limited to:
Economy, durability, environment - friendliness, passenger comfort, quality of
service as well as safety concern for environment and health aspects of workers
in construction, maintenance and operation,
Expeditiousness in construction,
Speed and optimal cost of construction,
Maintainability, reliability and renewability of the system in the context of the
Indian socio-economic and technological environment. The focus will also be
on ensuring construction with economical life cycle cost,
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Phased construction and commissioning of the project so as to provide early
relief to the city commuters.
Integration with other modes of transport to improve accessibility and ridership
of the Bhopal & Indore Metro Rail Project.
Adoption of the State-of-the-art technology commercial and revenue
management practices.
1.7 Technical Standards & Specifications: The recommended design criteria,
specifications, standards and codes of practice will be in accordance with the
relevant Indian codes of practice/specifications, where the standards and
specifications are not available in the Indian codes of practice/specifications,
International codes of practice/specifications will be adopted with the approval of
the client.
1.8 Arranging training of client‘s personnel during conceptual, design, tendering,
construction stage including but not limited to testing and commissioning stage
during contract period, as well as training of trainers shall be the responsibility of
the GC. Cost of the aforesaid training shall be included in the financial offer for 3
to 5 training sessions for 10 to 20 client‘s personnel who shall be given training for
7 to 10 days per session at locations for providing global experience towards
comprehensive implementation of the project.
2. Nature of Authority Delegated to GC:
GC shall be authorized to exercise following powers subject to the overall control
and directions of the client.
2.1 Exercise the powers of supervision, monitoring, evaluation, measurement of
works, verification and authentication of invoices etc. as ‗Engineer‘ to contracts
made under the provisions of this RFP. ‗Engineer‘ shall mean Engineer for the
client as defined in the GCC.
2.2 To assist client to obtain govt. clearances including but not limited to ROW and
utility shifting. To act on behalf of the client in coordination & other matters with
the city authorities, Govt. departments and statutory bodies as decided in
individual cases by the client.
2.3 Scrutiny and checking of all the designs and drawings of Structures, Electrical,
S&T, Rolling Stock etc. and enabling works submitted by the contractors in
respect of their adequacy to conform to the design standards approved by the
client.
2.4 Finalization of quality assurance manual, for all works, for the client; scrutiny and
approval of quality assurance program submitted by individual contractors and to
formulate and implement an integrated quality assurance program for the project.
2.5 Clearances of all matters relating to interfacing between different works, after
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critical examination.
2.6 Exercise the certification of payments, to be made by the client, for the contracts
made under the provisions of this RFP.
3. Data and information as per availability will be provided by the client.
4. Obligation of services for the General Consultant (GC) – Deliverables:
The services of the General Consultant may be broadly covered under the
following heads but not limited to:-
4.1 Review and supplement the details given in DPR of Bhopal & Indore Metro
Rail Project as available with the client- Effective Date (ED) + 01 month
The GC shall review and where ever necessary supplement the details, design
criteria, specifications, drawings, reports etc., with the object of deciding on the
parameters/details to be included in the tender documents. The task will be in the
following four stages:
Preliminary investigations
Preliminary system design.
Preliminary design, implementation, construction mechanism/schedule and
cost estimation.
Operations and Maintenance integration.
4.1.1. Preliminary investigations:
This activity will cover review, revalidation & supplementation of, but not limited
to;
Previous feasibility studies.
Previous Topographic survey and mapping.
Previous Geo-technical survey.
Previous Utility investigation.
Previous Investigation of the existing and future buildings, structures, land use
and urban development plans along the routes.
Previous Investigation of records and documents on the buildings and the
constructions along the routes.
4.1.2. Preliminary metro system design:
This will cover the following, but not limited to;
Physical Locations of all stations and detailing of route alignment.
Getting on and off passenger numbers and integration with other public modes
of transport.
Sectional passenger flow diagram.
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Preliminary train operation diagram.
Main size of railcar and train formation.
Traction Current collection system of railcar.
Power supply system.
Track structure type.
Signalling & Telecommunication system.
Train operation system.
Ticketing system and Ticket checking system.
Preliminary cost estimates and financial analysis
4.1.3. Preliminary design, implementation, construction mechanism/schedule and
cost estimation:
This will cover the following, but not limited to;
Alignment design drawing, vertical and horizontal alignment
Selection of method of implementation/construction
Evaluation & Selection of method of implementation/construction including
that of various viaduct design option.
Outline of all stations.
Outline of track layout plan
Outline of rail car performance. Train operation and inspection diagram.
Outline of railcar depots, inspection facilities and workshops.
Outline of substations and power supply system.
Outline of signalling system.
Outline of telecommunication system.
Outline of total integration of controlling train operation, traffic, passenger‘s
guidance and monitoring, disaster prevention, air-conditioning and ventilation,
sales management, power supply, railcar and facility inspection and
maintenance, and general administration.
Outline of buildings for head and branch offices, and control centres.
Outline of inspection and maintenance of equipment & depot.
Outline of physical stock and distribution base.
Phased construction schedule.
Construction cost, annual budget estimation and cash flow.
4.1.4. Optimization of Operations and Maintenance Practices
This will cover, but not limited to the following:
Optimization of power supply capacity during peak and off peak hours.
Comparison between manual maintenance and investment for man-saving
maintenance equipment.
Conflict among centralized control, independent control and central monitoring
and decentralized autonomous control.
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4.1.5. Review and, if necessary, supplement the details given in DPR for Bhopal &
Indore Metro as available with the client. However additional Preliminary
Investigation/Survey will be paid extra at mutually agreed cost, in case found
deficient in DPR; such investigation shall be under taken after approval of the
client.
4.2 Inception Report ( ED + 1.5 months)
An Inception Report (10 copies in English) shall be submitted by the GC to
the client within one month from the effective date, presenting an initial
technical appreciation of the services requirements and identifying both the
overall work plan and the analytical steps (and associated assumptions) to
reach solutions. It should prescribe the implementation of the proposed service
methodology, approach and provisional programs for completion of the
Project.
Comprehensive Road map for implementation of the project will be an integral
part of the inception report and it will include but not limited to prerequisites,
precautionary measures, bottlenecks, check list for implementation plan and
work schedule etc.
Consultant will submit deployment plan with the inception report which will
be finalized by the client in consultation with the consultant. Deployment
Schedule (On site as well as Back office) will be flexible & will be monitored
on monthly basis & can be amended as per need & requirement of the project.
4.3 Design Basis Report(DBR) and Schedule of Dimension (SOD) (ED + 1.5
months)
A Design Basis Report (DBR) and Schedule of Dimension (SOD) (10 copies in
English each) shall be submitted by the GC to the client. It shall include the all
system design basis based on Train operation/maintenance plan and inputs from
the inception report (As applicable).
4.4 Project Planning, Progress and Schedule Management (ED + 1.5 months)
4.4.1 Consultant shall prepare a detailed schedule and plan for the entire project
covering all tasks and sub tasks required for successful execution of the project.
4.4.2 Consultant shall advice on effective monitoring of the project Work Breakdown
Structure (WBS) and how to develop and control the Project Master Schedule. The
Consultant shall also assist Client and its Project Management team and
recommendations on Project execution.
4.5 Business Plan and Financial Strategy (ED + 03 months)
4.5.1 The consultant shall prepare an overall business plan for the project including
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financial assessment of the non-fare revenues as well as fare revenue proposed for
the project. The business plan shall be integrated with the overall financial strategy
of the client, if available.
4.5.2 The business plan shall include but not limited to the following:
Integrated project schedule including monetization plan of non-fare revenues
and optimization of fare box revenue.
The Consultant shall prepare broad execution plan and cost estimates for the
proposed non fare development.
The Consultant shall evolve an optimal business plan for the composite project
and assess the financial feasibility of development on suitable Transaction
models. The business plan shall be prepared on sound financial strategy.
Utilization of extra FAR and Value capturing finance shall be an integral
component of business plan.
4.5.3 The consultant shall assist the client in assessing and evaluating funding
requirements for the project including soft loans, grants and other innovative
financing mechanism from various ministries/schemes under Govt. of India,
bilateral/multilateral agencies like The World Bank, ADB, KfW, JICA or from
any other regional/global funding agencies.
4.6 Identification of non-fare box revenue models and undertake their Techno-
comic feasibility studies, financial analysis, business modeling and optimizing
fare-box revenue. (ED + 04 months and as per the time line decided by the
client considering the requirement of the project)
4.6.1 Review of opportunities to meet funding requirements of the project by monetizing
land assets, real estate development, early commercialization of other non-fare box
revenues
4.6.2 Assessment of Non-fare box revenue and optimizing fare-box revenue.
4.6.2.1 Suggest measures to optimize fare box revenue and revenue sources other than the
Fare box collection such as property development, advertising, retail, station
development along with station facilities and amenities, parking, branding etc. and
any other revenue improvement strategy to increase the viability of the project for
the Government. The financial analysis shall provide rates of return for different
development scenarios.
4.6.2.2 Review of Non-Fare box revenue experiences of other public transit systems
globally as well as in India. Consultant shall study the experience of different
metro rail systems, airports and other transportation hubs globally to bring
replicable lessons, duly tailor-making them for applicability for the client.
Consultants shall study international transportation systems which have
successfully raised substantial revenues from non-fare box sources, other than
property development and transit oriented development plans. In addition, the
Consultant shall also study the experience of players within different sectors in
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India including main stream real estate players, where substantial innovative value
capture from other source has happened and shall bring key learning for the client
from the same.
4.6.2.3 GC will assist in constitution and implementation of Dedicated Urban Transport
Fund (DUTF)/Metro fund through various sources of non-fare box and also assist
in optimizing fare box revenue through various surveys, study, analysis and other
various means.
4.6.2.4 Detailed action plan; The Consultant shall study in detail the viability of the
available non-fare box revenue options, and shall prepare a detailed action plan for
each of the components, but not limited to the following.
Licensing of commercial space at metro stations.
Advertising/Retail/Parking
Station Branding.
Any other similar models.
4.6.2.5 The consultant is required to study the present policies relevant to the above
mentioned models for generating non-fare box revenue and also suggest suitable
changes/modifications to the existing policies/regulations/Acts, etc.
4.6.3 Property Development
4.6.3.1 The client intends to exploit the spaces of Metro Properties including stations,
Depots and Properties along the corridor and in and around the city
commercially through property development. This activity may be taken up
either along with or independent of other Project activities. The designs for the
Project should make provision; however, for subsequent activity of property
development to Transport hubs should be planned at all terminal stations. All
stations wherever feasible in the whole system would be developed as
commercial hubs. The client also intends to do commercial development on the
depot land area. The GC would frame proposals for the same including
financials, etc. Services of a Property Development Planner having expertise in
the field are an absolute must.
4.6.3.2 The design of terminal stations for the Metro project should be such that any
subsequent extension of the line could be implemented with the least
expenditure.
4.6.3.3 The nature and scope for property development shall essentially include Transit
Oriented Development (TOD) and PPP based real estate development.
4.7 Legal and IEC/PR Services
GC on behalf and direction of client will handle all legal issues and PR related
works during currency of the contract and also shall look into IEC and PR services
for the client which will include but not limited to preparation of legal and IEC
roadmap and implementation thereof.
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4.8 Organization, Governance and set up of Control Room (ED + 02 months)
4.8.1 Consultant shall support client with development of Enterprise Resource Planning
(ERP), project management information system (PMIS) and standards, policies
and procedures for all core project functions including procurement, contract
management, design, project implementation and document control system along
with capacity building of the client‘s team on developed systems, standards,
policies & procedures.
4.8.2 Consultant will also prepare a consolidated Project Governance document that
consists of all plans, controls, manuals, systems, guidelines and strategies. This
should be followed by identifying various stakeholders, and key delivery elements
such as projects, contracts, and services, required to deliver the project together
with their interface relationships
4.9 Design and Tender document preparation & assistance in selection of
contractors/suppliers: ( ED + 03 months)
4.9.1. Preparation of tender design for Underground portions/Underground
stations, elevated portion / elevated stations, at grade portion/stations and
service building will include but not limited to:-
The tender design for underground portions /underground stations elevated
portion / elevated station, at grade portion/stations is to be finalized by GC,
keeping in view the following:
4.9.1.1 Geometric designs of final alignment plans and its profile to appropriate scale.
4.9.1.2 Design of cut and cover/bored tunnels shown in plan, cross-section profile,
including details of tunnel lining, its drainage, etc.
4.9.1.3 Design for soil stabilization/improvement, waterproofing of tunnels, their lining,
and required disaster prevention system.
4.9.1.4 Architectural and Engineering design for underground stations including related
details of stair cases, pedestrian accesses, elevators, escalators, ventilation and
vent shafts, air-conditioning equipment, platform screen doors, evacuation
facilities, etc.
4.9.1.5 Right of way plans on topographical and cadastral maps provided by the client.
4.9.1.6 Design of Field instrumentation for monitoring the performance of tunnels and
underground stations during and after construction.
4.9.1.7 The recommended design criteria, specifications, standards and codes of
practice will be in accordance with the relevant Indian codes of practice/
specifications. Where the standards and specifications are not available in the
Indian Codes of practice/specifications, International codes of practice/
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specifications will be adopted with the approval/consultation with the client.
The recommended criteria, specifications, etc. will become part of tender
design, on acceptance by the client.
4.9.1.8 The recommended specifications, and design criteria will also cover the
methods of construction, design of temporary works and disposal of excavated
materials, as also the external environment under which the work would be
required to be executed. The specifications will also prescribe the tests and
acceptance standards for various components of works.
4.9.1.9 It is to be ensured that the designs and specifications will meet the project
requirement at reasonable cost, without imposing any limitations in regard to
competitive bidding.The clientintends to go green and would be harnessing
solar energy at station, Depot, viaduct etc. Design approach should take into
account of this.
4.9.1.10 Finalization of outline design criteria, specification, standards and codes of
practises to be followed.
4.9.1.11 Based on the tender designs, and accepted design criteria, specifications,
standards and codes of practice, the general consultant shall prepare a suitable
BOQ (wherever required) and estimated cost for the various tender packages.
4.9.1.12 GC will review the preliminary design for the elevated/underground/ at grade
portions and stations, service and residential buildings. The design approach,
criteria, specifications, as accepted by the client will form the basis of detailed
design.
4.9.1.13 Tender will be on Design or/and construct or Turnkey basis for Bhopal &
Indore Metro Project, for (elevated, underground, at grade) portions and
stations, depots, service buildings etc. This contract will also include general
electrical and mechanical works at the stations.
GC shall recommend the designs for adoption as Tender designs covering all
aspects relevant to the implementation of Elevated/Underground/at grade
portions and in the degree of detail as required in tender documents for such
projects. Tender Design will include:
Geometric designs of final alignment plans and its profile to appropriate
scale.
Design for soil stabilization/improvement and required disaster prevention
system.
Architectural and Engineering design for elevated/underground/at-grade
stations including related details of stair cases, pedestrian accesses, elevators,
escalators, air-conditioning equipment, platform screen doors (if provided),
evacuation facilities, etc. Consultant would also suggest alternative to
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conventional air conditioning to achieve climate control i.e. reduction in dust
& temperature.
Right of way plans on topographical and cadastral maps provided by the
client.
Design of Field instrumentation for monitoring the performance of tunnels
and Elevated stations during and after construction.
Any other relevant details/data
4.9.1.14 The tender and contract documents for the agreed tender packages will include
following and other requisite documents (as per applicability):
Notice Inviting Tenders (NIT)
Form of Tender
Instructions to Tenderers
General Conditions of Contract
Special Conditions of Contract
Technical Specifications.
Bill of Quantities (wherever required).
Tender Drawings.
Form of Contract.
Pre-qualification documents
Pre-qualification criteria
Tender evaluation criteria.
SHEQ (Safety, Health, Environment and Quality) document
4.9.1.15 The bids would be invited by the client on the basis of the tender documents
prepared by the GC and accepted by the client.
4.9.1.16 The General Consultant shall review and proof check the design, including
drawings and other related documents submitted by the contractor for
conformity with the Specifications and the client‘s requirements and good
engineering practices. Particular emphasis shall be given to the system
planning and design in aspects of impact on the environment and urban
activities, as well as effects on the scheduling of works.
4.9.1.17 While checking the designs, GC will ensure that designs and drawings, are
functionally complementary for the multi-disciplinary works and the
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construction activity on such works is not hampered or delayed for want of
timely availability of the designs and drawings
4.9.1.18 The responsibility for preparation of Bill of Quantities (BOQ) on basis of the
approved drawings will be that of contractors, but the BOQs will be checked
by GC and approved by the client.
4.9.2. Preparation of Tender design and Tender documents for procurement of
Systems, Rolling Stock, Track and Depots for Bhopal & Indore Metro
Project will include but not limited to:- ( ED + 03 months)
4.9.2.1 GC will review and supplement the design criteria/specifications given for
various Systems, Rolling Stock and Depots
4.9.2.2 The tender design for Rolling stock and Depot to be used in Bhopal & Indore
Metro will be prepared by GC, in a manner that it is consistent with the final
design of corridors, track, stations, and the associated equipment, maintaining
safety clearances and ventilation/air conditioning requirements.
4.9.2.3 The tender design for the rolling stock and depot should be fully compatible
with Signaling and Train Control System, traction power system, desired
operational system, transport capacity etc. The recommended designs should
satisfy the criteria of economy in initial cost, operating as well as maintenance
cost as also life cycle cost. Energy saving for economy or counter measures
against temperature rise in tunnel should also be a guiding criterion.
4.9.2.4 The tender design is required to spell out the basic system design covering the
propulsion, brake and auxiliary power supply system in addition to the main
structure and safety aspects, in sufficient detail, so as to enable the bidders to
make competitive bids.
4.9.2.5 The tender documents for the Systems, Rolling Stock and Depots shall be
prepared, on the same lines as in para 4.9.1.14 above, with suitable
modifications. The tender documents will provide for the appraisal standard
for evaluation of Technical proposals from the tenders for supply of Rolling
stock.
4.9.2.6 Invitation of bids for supply of the required Systems, Rolling Stock and Depot
equipment, plant, machinery and O & M will be done by MPMRCL, based on
the tender design, specifications and acceptance criteria as approved by the
MPMRCL on recommendations of the GC. Preparation of bids will include
but not limited to:
Detailed Design, manufacture, supply, installation, testing and
commissioning of :
o Rolling Stock
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o Power supply and traction system.
o Signalling and train control system.
o Telecommunication system.
o Automatic Fare Collection system.
o Platform screen door / gate system
o Environment control system (ECS) and Tunnel Ventilation System
(TVS).
o Lifts/ escalators.
o Track works for elevated/at grade and underground section.
o Depot equipment, etc.
4.9.3. Selection of contractors/suppliers.
The GC shall assist client in the process of selection of contractors and
suppliers. The scope of services to be rendered by the GC in this regard shall
include but not necessarily be limited to:
4.9.3.1 Pre-qualification of contractors: GC shall undertake all necessary works
regarding preparation for announcement, receiving and evaluation of
contractor's documents and recommending to client, the pre-qualified list for
their acceptance.
4.9.3.2 Evaluation of the tender proposals and recommendations for the selection of
the contractors for all contracts
Prepare formal evaluation criteria and procedures for evaluation of the
proposals, obtain approval for the same from client and assist client to invite
bids from prequalified contractors.
Perform independent evaluation of all tender proposals for all contracts
received including ranking of the bidders.
Prepare a confidential Executive Evaluation Summary Report. This report
should contain a concise set of basis and justification for:
o Ranking of the tenders including the recommendations concerning
whether negotiations should be initiated with any of the bidders.
o Prepare Tender Evaluation Report and presentation documents.
o To make a presentation pertaining to the recommendations to a
committee and/or a working group that may be set up by client.
4.9.4. Negotiations with Consultant ( ED + 05 months)
Prepare information and data to be used in the negotiations/clarifications.
Assist client in negotiations/clarifications with the selected consultant and
record minutes of all meetings.
Assist client in analysis and evaluation of the results of
negotiations/clarifications in all aspects in order to be able to select the most
suitable consultant.
4.9.5. GC will assist client in preparation and execution of Contract agreements.
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4.10 Preparation of Various Plan (ED + 04 months)
GC will prepare and implement following plans but not limited to:-
Preparation of Disaster Management Plan.
Preparation of Security plan
Preparation of Safety, Health and Environment Management plan.
Developing of various Quality Assurance Plans (QAPs)
Planning and arranging training to the personnel of client in operation,
maintenance and repair of various equipment, plants and the system as a whole.
GC will prepare site /working front plans, in consultation with various
contractors, to enable smooth working and ensuring completion of works as
targeted/ scheduled.
Resettlement & Rehabilitation(R&R) Plan.
GC will ensure adherence to the standards prescribed by client for contractors
with regard to safety of works, safety of adjoining and overlying structures,
safety of workmen and safety of public during construction stage.
GC will prepare road traffic diversion plans in consultation with traffic police
authorities to ensure that traffic flow is not hampered during construction.
GC will prepare workable, proper, ‗muck/debris disposable plans‘ in
consultation with relevant authorities, particularly since a large quantity of
muck will be generated from excavation.
4.11 Support for coordination and facilitation in getting clearances and approval :
(as per timeline decided after negotiation)
GC will help in getting various clearances and approvals but not limited to:-
4.11.1 GC will prepare roadmap for getting various clearances required for
implementation of the project and implement the same as per direction of the
client.
4.11.2 GC will coordinate with National Highway, Railways and other authorities on
safety where ever required on alignments common with that of client for both the
cities.
4.11.3 GC will assist client for obtaining necessary environmental and other approvals as
required from GoI/GoMP. GC shall monitor the progress in these matters and
report to client.
4.11.4 GC will assist client in keeping the Commissioner of Metro Railway Safety
(CMRS), Government of India informed about project design/construction and
obtaining intermediate approvals as required.
4.11.5 GC will provide proper interface coordination so as to assure timely completion of
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all works on time and commissioning of the various sections according to the
implementation schedule drawn up.
4.11.6 GC will coordinate client in ensuring the tests, trials and commissioning of the
system (including obtaining final sanctions from Commissioner for Metro Railway
Safety).
4.11.7 In regard to co-ordination of activities to be carried out by the local authorities and
other Government departments, the role of GC would be to frame and put up to
client, detailed proposals for being discussed and resolved by client, in various co-
ordination groups set up by the Government of India/ State Government of
Madhya Pradesh. GC will provide to client all technical data, sketches, drawings,
and also attend the co-ordination meetings along with client for obtaining approval
of proposals from these co-ordination groups.
4.11.8 Ensure that the process for obtaining the approvals and schedule is well defined
including approvals from appropriate regulatory agencies.
4.11.9 Prepare list of clearances, approvals, permits, compliances related to the
development and implementation of the project. It shall also assist the client in
getting such requisite approvals from state government/ central government
agencies and/or regulatory bodies.
4.11.10 Assist in preparing proposals for the consideration to centre/state ministries,
departments, funding agencies, including further presentations / write ups / follow
ups, etc. with respect to implementation of the project.
4.11.11 Give comments and opinions sought by the departments /financing/regulatory
agencies under the State / Central Government with respect to the Bhopal & Indore
Metro rail projects being developed / implemented. The nature of queries may
pertain to methodology, documents or processes with respect to the project and
may include technical, commercial and financial aspects.
4.12 Performance of GC will include but not limited to( ED + 48 months +
DLP)
4.12.1 Proof checking and approval of design
GC will proof check the detailed design and assist client in approvalof the
same.
4.12.2 Supervision and Monitoring
The GC shall be responsible for supervising all project activities as mentioned
in Terms of reference of section 6. Suitable methods and systems shall be
developed by GC for ensuring implementation to the desired quality and
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safety, compliance to time schedule and compliance to environmental norms.
They shall also design suitable information system to report to client, with
latter‘s approval. The items will include but not be limited to the following:
4.12.1.1 Site Visits
To undertake visits to the construction sites, monitor the contractor‘s activities
for ensuring quality, safety and conformity to contract specifications and time
frame. It should be noted that responsibility for correctness, completeness and
adequacy of the works constructed by the contractors and for compliance with
statutory obligations remains with the contractors, GC will be responsible for
any deficiency in the performance of the contractors.
To monitor Contractor's activities with the goal of minimizing adverse effects
on public safety, traffic, residential and commercial activity and the
environment.
GC shall keep client informed of their findings and recommendations resulting
from these site visits. The responsibility and urgency of taking corrective
measures lies with GC.
4.12.1.2 Inspection, Testing and Commissioning of entire infrastructure and
system
To have close coordination with the manufacturers who will follow the design,
manufacture, installation, testing and commissioning of all plant equipment,
rolling stock, signaling, automatic fare collection, power supply and control
equipment, etc.
To advise the client on the final acceptance of the system based on the results
of the prototype, serial and/or system test.
During the maintenance period after the completion, the GC shall provide
adequate and relevant staff to undertake necessary follow-up and monitoring
and reporting to client on completeness of all works, proper execution of
works of all parties and any components of works to be checked up and
maintained according to construction/supply contracts.
4.12.1.3 Information Programs
To develop public information programs in close cooperation with the client
and inform the general public on:
The project in general
The design of stations and other passenger facilities, including traffic
integration facilities etc.
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Temporary restrictions to traffic and other encroachments on urban life
To assist client in maintaining public approval of the Project and to foster
willingness to put up with temporary inconveniences caused by construction
4.12.1.4 Budgeting and Accounting
Estimate overall program cost relating to the master implementation schedule.
Assess the financial position and project long-term financial statements.
Certify all required contract payments required to be made by client and satisfy
it about any observations on the same.
Further, GC will assist client in submission of disbursement claims to Funding
Institution.
4.12.1.5 In the course of performing the Supervisory functions for the Project, GC
will also:
Monitor all contract works in progress and identify any schedule or
coordination conflicts, recommend measures to eliminate or mitigate problems
and implement the recommended measures with the approval of client.
Conduct Performance reviews as desired by client and bring in improvement in
the designs carried out by Contractors and certify all work performed by
Contractors. GC shall forward two copies of all engineering drawings,
calculations and data along with soft copies to client as soon as the documents
are available.
Provide continuous coordination in interaction with various local authorities,
and govt. departments for resolution of issues related to the implementation of
the project. While the main coordinating agency will be client, the General
Consultant will be associated wherever required to provide technical support
by way of data, drawings, sketches and technical aspects of the issues.
4.12.3 Commissioning and Trial Run
The completed sections of the Bhopal and Indore Metro Rail can be opened to
passenger movements only after the sections are certified fit for passenger
traffic by the Commissioner of Metro Railway Safety (CMRS) and the sanction
is accorded by the Government under the relevant law for opening the section
for passenger movements.
Client will submit all necessary documents and have discussions etc. with
CMRS both at the design stage and construction stage to obtain intermediate
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approvals. GC will assist client in all respects in obtaining these approvals.
Prior to the invitation to the CMRS for inspection of the line, the sections
intended to be opened for traffic will be required to be subjected to the
requisite trial tests. GC will plan, arrange, supervise and certify all these trial
tests, if required with the support of client‘s staff, well in advance of the trial
runs.
GC will enable client, giving all necessary assistance, to conduct the tests. The
shortfalls noticed during the tests will be arranged to be rectified by GC
through the contractors. In order that the deficiencies are limited to the
minimum, the design and construction of the Bhopal and Indore Metro Rail
Projects should take due consideration of the requirements under the relevant
laws for opening of a Metro Rail system for the Public Carriage of Passengers.
All information as required to be furnished to the CMRS in connection with the
section to be opened to traffic shall be tabulated and furnished by GC to client
for seeking the certification of CMRS for opening of the section(s) to traffic.
4.13 Operations and Maintenance Practices/ Preparation of Manuals, Training
and Bid Preparation and Procurement of O & M Concessionaire,
Resettlement/ Rehabilitation and others ( ED + 06 to 48 months)
Preparation of Manual for Construction, Administration, Operation and
maintenance of Madhya Pradesh Metro Rail Projects.
4.13.1 GC will develop manuals but not limited to these:
Track Manual
Civil Works Manual
Signalling Manual
Telecommunication Manual
Commercial Manual
Operating Manual
Accident and Safety Manual
Rolling Stock Manual
Traction& Power Supply manual
Environmental Manual
Depot &Maintenance Manual
Quality Assurance Manual
Manual for lifts and escalators.
Climate Control
E & M manual
OCC manual
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Erection manuals
These Manuals are intended to form the basis of the training of Operations and
Maintenance personnel for the Bhopal & Indore Metro Rail Projects.
4.13.2 GC will prepare bid and allied documents for procurement of O & M
contractor(s) and ensure procurement of O & M contractor as per guidance of
the client.
4.14 Training of Personnel of the Client
GC will plan and design the training modules for personnel of the client for
operation, maintenance and repair of various equipment, machines and plants
supplied by various suppliers at OEM's premises. GC will also plan and design
training modules for these personnel and their trainers for operation, maintenance
and repair of the system as a whole. The training module shall also provide for
arrangement of training before commencement of the trials and will continue up to
commissioning of the system.
4.15 Support for Project management, monitoring and reporting:
GC should design, execute and maintain for client an electronic project
management system with functionality as mutually agreed between them and client
and shall submit following reports to client:
4.15.1 Inception Report ( as mentioned in clause 4.2)
4.15.2 Monthly Progress Report
A Monthly Progress Report (10 copies in English) shall be submitted by GC to
client. This Report shall be submitted by the 5th day of each calendar month and
shall account for all work actually performed upto the end of the previous month.
It should be submitted in a format approved by client and shall contain
sections/sub-sections for but not be limited to the topics listed below.
4.15.2.1 Progress
Monthly inputs envisaged and deliverables of key, Non-key experts and
support staff.
It shall describe the status of work performed during the previous month,
significant accomplishments, including critical items and problem areas,
corrective actions taken or planned and other pertinent activities and shall in
particular, address interface issues, problems and resolutions.
It shall include a simplified presentation of progress of the various parts of the
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contractual works in percentage terms compared with percentage planned
derived from the Works Program.
The status of permanent and temporary staffing of GC.
4.15.2.2 Programme Update
Programme updating shall include:
The monthly programme update which shall be prepared by recording actual
activity completion dates and percentage of activities completed up to the end
of the month of report together with estimates of remaining duration and
expected activity completion based on current progress. The Program Update
shall be accompanied by an Activity Report and a Narrative Statement.
The Programme Status which shall show Works Programme status up to and
including the current report period, display cumulative progress to date and a
forecast of works remaining.
The Activity Variance Analysis which shall analyze activities planned to start
prior to or during the report period but not started at the end of the report
period, as well as activities started and/or completed in advance of the Works
Programme.
4.15.2.3 Milestone Status
A report on the status of all Milestones due and achieved during the month and
forecasts of achievement of any missed Milestones and those due in the next
month.
4.15.2.4 Procurement Report
A summary of all significant procurement activities performed by the
contractors during the month and details of outstanding actions.
A report listing major items of plant and materials, which will be incorporated
into the Works. The items shall be segregated by type as listed in the
Specifications and the report should show at least the following activities:
a) Purchase/work order date - schedule/actual.
b) Manufacturer/supplier and origin.
c) Letter of credit issue date
d) Manufacturer/supplier shipping date - schedule /actual.
e) Method of shipment
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f) Arrival date in India - schedule/actual
g) Analysis of any delay happened/anticipated with proposal for corrective
measures.
4.15.2.5 Confidentiality
The GC shall keep secret and confidential and shall not disclose to any third
party, not use in any unauthorized manner any confidential information
regarding the present processing technology and the business affairs of the
client which the GC may have acquired through the negotiations,
discussions, examination of drawings, designs, process layout, use of
infrastructures etc. leading to the conclusions of the agreement. The parties
further agree not to use such information for any purpose whatsoever except
in the manner expressly provided for in this agreement. The obligations
hereunder shall survive any termination or cancellation of this Agreement.
4.15.2.6 Safety, Health & Environment
A review of all safety aspects during the month including reports on all
accidents, apprehended accidents and actions proposed to prevent further
occurrence
4.15.2.7 Financial Aspects
A review of all significant financial matters, payments due and made and
action proposed or taken in respect to any outstanding matters during the
month.
A schedule indicating the status of all variations and expenditure forecast.
A schedule of the status of outstanding claims (if any). The report shall in
particular, provide interim updated accounts of continuing claims.
4.15.2.8 Time of Completion
Estimated time of completion depending on existing status and projected rate
of progress
4.15.2.9 Points of Note
1) Public Relations – suggesting necessary initiatives as required
2) Potential problems– Identification and suggested remedial measures
4.15.2.10 Quality
GC shall report monthly on quality, including a review of all major non-
conformances during the month including reports on actions proposed to
prevent further occurrence.
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4.15.2.11 Bid evaluation reports will be submitted for all the packages for which bid
will be invited after the GC is in place. They have to submit 10 copies of each
report.
4.15.2.12 Quarterly report will have the same information as in the case of monthly
progress report but the period of information will be Three months. The
number of copies of the report will be Ten.
4.15.2.13 Annual report will also be like monthly and quarterly progress report but the
period of reporting will be annually.
4.15.2.14 As GC shall be responsible for supervising the construction of the project, for
its implementation to the desired quality and giving due regard to its time
schedule, suitable system has to be developed by GC for ensuring quality and
time schedule for the work and reporting the same to. Hence, Supervision
reports will be submitted monthly mentioning any deficiencies noted during
the supervision and the corrective action enforced by the General Consultants.
Any technical improvements brought out in methodology of working will also
be reported through these reports.
4.15.2.15 Engineering report will contain the information mainly on the activities of
GC in connection with review, revalidate and supplement the preliminary
design. The report will be submitted monthly in 10 copies.
4.15.2.16 O&M manual will have the procedure for maintaining the line after it is
commissioned. It will provide the information regarding the organization
needed for maintaining the corridor. It will also provide the information of any
important features/problems of the line faced during construction and require
special attention during operation. It will be prepared in fifty copies.
4.15.2.17 Draft final report is only a Pre Final report and have all the information in
connection with position of completion drawings, completion statements,
contractors‘ disputes/claims etc. It will be prepared in ten copies.
4.15.2.18 A final Report (10 copies in English) shall be submitted by GC to client It
shall contain, apart from other concerned matters, position of completion
drawings, completion statements, contractors‘ disputes/claims etc.
4.15.2.19 Completion report
GC shall prepare a Completion Report (15 copies in English), inclusive of all
data and drawings (including soft copies) pertaining to the execution of the
contracts shall be submitted at the completion of the contracts.
GC shall prepare an Executive Summary Report (15 copies in English),
covering in a refined form. The summary of the material contained in the
Completion Reports, shall be submitted on completion of the contracts.
4.16 All technical, financial and contract management powers will be exercised by
client. GC will have necessary powers to guide and supervise the
implementation of the project within the approvals obtained from client. The
GC will obtain client‘s approval to all matters that lie within their scope of
services. Any subsequent changes to the Project detail will also be put up to
client along with time and cost implications for approval. The main role of GC
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will be as follows:
GC will review the details given in the DPR of Bhopal and Indore project of
various components including Rolling Stock with regard to safety, economy,
energy conservation and environmental aspects, implementation schedule, and
other relevant aspects as formulated.
GC will certify the quantum of work done, its quality and the payments to be
made to various agencies engaged in the implementation of the project.
GC will coordinate review/monitor the progress and efforts of all contractors,
consultants, suppliers and manufacturers for scope of works under GC.
GC will carry out Construction/Erection supervision at various levels.
GC will undertake the contract administration, system integration and
environment management
GC will provide proper interface coordination so as to assure timely
completion of all works on time and commissioning of the various sections
according to the implementation schedule drawn up.
GC will plan for O&M, frame Operation and Maintenance Manuals and advise
necessary steps to be taken to get the O&M organization in place at the
appropriate time.
GC will plan and arrange for training of personnel of client deployed for
operation and maintenance of various equipment and plants at the suppliers‘
(OEM‘s) premises. GC will also plan and arrange for training of the personnel
in operation and maintenance of the system as a whole.
GC will prepare and implement schemes for integration with other modes of
transport including related transportation planning and assist client in putting in
place a mechanism of ‗seamless travel‘ through various means of
public/private transport with common ticketing.
GC will advise client on various options of property development with respect
to optimal utilization and integration of the separable commercial land
available with client including exploitation of airspace at various stations and
depots
GC will prepare and implement site /working front plans, in consultation with
various contractors, to enable smooth working and ensuring completion of
works as targeted/ scheduled.
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5. Responsibilities of General Consultant
a. The following will be the responsibilities of the General Consultant :-
GC shall at all times exercise all reasonable skill, care and diligence, in the
discharge of his duties. GC shall also be responsible for the accuracy and
completeness of his works and commissioning of Bhopal and Indore Metro.
GC will be responsible to ensure that the goods and services used on the Project
are appropriate, suitable and are reasonable in cost. The designs and
specifications adopted on the project should be such that they, in no way, limit
the requirements regarding competitive bidding. It is also essential that the GC is
and remains demonstrably impartial in the performance of its duties.
GC shall maintain full records relating to all aspects of the work covered by the
project. Such records shall be made available at all times to the client for
inspection. Mere acceptance by client shall not relieve GC of their professional
obligations to correct at their own cost any errors in their work.
The tracings and other originals of all plans, drawings, engineering specifications
and similar materials and any data and all records or documents pertaining to the
work including soft copies thereof shall be treated as confidential by GC and shall
not, without written consent of client, be made available to any person and shall
be delivered to client upon completion of the work and shall become the property
of client. However, GC may retain, for his own record, copies of the said plans
and documents.
b. Project management report
The GC shall support client in the Project management and coordination of the
project and shall
Prepare and implement coordination procedures
Prepare and implement project control procedures
Prepare and implement document control procedures
c. Contract management
The GC shall ensure following contract management
Prepare contract documents and correspondences to contractors
Manage claim control
Manage change control
d. Programme management
To make the Project Programme the GC shall:
Establish Master programme
Review contractor‘s programmes and associated progress
Prepare consolidate programme / progress report
e. Monitor safety, health and environment (SHE)
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GC shall establish requirements for SHE and overview the contractors‘ activities.
GC shall also review Safety Manual (prepared by contractor) for tunneling by
TBM in soft soil and other works.
f. Quality assurance and quality control (QA /QC)
GC shall implement a quality assurance system for the project.
GC shall establish requirements for Contractor QA/QC and overview the
contractors‘ activities.
GC shall review and approve quality assurance program submitted by individual
contractors and to formulate and implement an integrated quality assurance
program for the project.
g. Support to prepare proposal for CDM application
GC shall support MPMRCL to prepare proposals for CDM application, to enable
the project to obtain carbon credits, considering inter alia, energy regeneration of
the Project in the braking mode of rolling stock. GC shall also prepare other useful
proposals.
6. Staffing by GC for the consultancy services.
6.1 Considering the multi-disciplinary nature of the Bhopal and Indore Metro Projects,
the GC‘s team is required to have expertise in the following disciplines (but not
limited to the list):
1. Project management/coordination
2. Construction Planning.
3. (a) Station Planning/Architecture (elevated)
(b) Station Planning/Architecture (underground)
4. Geo-technical Engineering.
5. Structural Engineering.
6. Bridge Engineering.
7. Tunnel Engineering
8. Track Technology
9. Quality Assurance
10. Environmental Impact Analysis.
11. Traffic Engineering.
12. Train Operations.
13. Utility Engineering.
14. Contract Administration (including dispute review and resolutions).
15.(a) Electro-Mechanical Engineering. (elevated stations)
(b) Electro-Mechanical Engineering (underground stations)
16. Ventilation and Air-conditioning Engineering.
17. Communication Technology.
18. Signaling& Telecommunication.
19. Power Supply and Traction.
20. Rolling Stock.
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21. Car Maintenance Depot and workshop
22. Automatic Fare Collection system
23. Energy consumption and conservation
24. Financial Analysis
25. Safety and Security
26. Property Development& TOD
27. Multimodal transportation-Seamless travel.
28. IEC/PR related work.
29. Legal work
6.2 The GC shall prepare staffing schedule for the entire period of the implementation
of the project including the period of commissioning. The sections intended to be
opened for traffic will be required to be subjected to the requisite tests and trials
under the construction contracts prior to the invitation to the CMRS for inspection
of the line and also during the operation period.
Depending on the pace of the progress on the project, client may require GC to
adjust and regulate the deployment of their personnel.
7. Project Controls ( from ED till 48 months)
7.1 Consultant shall implement Client in deployment of effective Project control
system to enable proper planning, scheduling, budgeting, and measurement of
performance and help to ensure the successful delivery of the Project. Project
control system shall include integrated processes, methods, procedures that
effectively develops, manages, and reports on the Project schedule and cost
baselines as defined by the work breakdown structure (WBS).
7.2 To ensure successful implementation and execution of the Client‘s Program, the
Consultant will develop and support the implementation of a comprehensive
process for guiding, developing, planning, and managing overall project delivery.
8. Cost Management (from ED till 48 months)
8.1 Consultant shall advice and support Client to:
develop a best practices for cost management system
create Cost Breakdown Structure (CBS) which will include the overall Project
CBS and the CBS of each individual project to be delivered
Create the baseline Project budget. Budget must include costs relevant to the
overall Program and to each individual project to be delivered
prepare complete life-cycle cost analysis
develop and maintain on an individual project basis, the Master Budget for all
projects and phases
set the cash flow estimate of capital requirements
Review estimates and forecasts, code of accounts and cost distribution criteria
for the Project on a regular and as and when required basis.
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ensure any design submissions include cost estimates to enable Client to take
best decisions for approvals
create the procedure for handling payment requests
establish procedures for preparation of budget re-forecasts, and updated cash
flow
identify and design earned value reporting requirements and disseminating
information to the Client and stakeholders as appropriate
9. Document Control ( from ED till 48 months)
The Consultant shall develop and implement in consultation with the client:
An electronic document management system to safeguard related documents
for future reference for the Project
Develop and support the implementation policies, processes, procedures and
systems for the collection, storage, protection and dissemination of all Project
documentation.
Create and implement document control and filing system procedure that takes
into account all parties involved.
how to train client‘s existing, new and future Project staff and set-up
procedures for departments to receive, record, file, retrieve, duplicate, store
and issue documents.
Compile and manage the repository to include Project standards, policies,
procedures, plans, specifications, schedule, acceptance certificates, transmittal
letters, meeting minutes and reports, and any other information relevant to the
Project.
10. Risk Management ( from ED till 48 months)
The Consultant shall:
Develop and implement systematic risk management plan/strategy. The risk
management plan needs to be comprehensive to cover all potential risks faced by
the Project throughout the duration of the Services, identify probabilities of risk
occurrence and allocate weighting systems to monitor risk. It should also include
early warning systems and trend analyses and other methodologies that assist in
early discovery of risk items
Identify risks, record, evaluate, actively manage and regularly re-evaluate and
communicate across the Project
Identify, communicate and manage inter-Project or external risks
Identify and manage internal project related risks
Identify and implement mitigation measures ranging from adjustments to the
proposed alignment, changes, recovery plans and any other action used to mitigate
certain risks
Conduct risk assessment workshops on a regular basis with client, PMs, suppliers,
contractors and other stakeholders
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11. Scope and Change Management ( from ED till 48 months)
The Consultant shall:
Implement an internal Change Management Plan, Change Log, and associated
governance processes
Develop, review and update a change management system and procedures that
capture complete, accurate and consistent baseline documents and ensure changes
in design and implementation and any other change are controlled in accordance
with the contract documents and/or Project controls procedures.
Establish the procedures for changes to Project criteria to create uniformity of
application across all existing contracts of the Project and the projects for design
details, material approvals and other related items.
Will identify and monitor the matters affecting the project budget, provide timely
updates that reflect funds received, funds obligation through contract awards and
approved change orders, and projected obligations.
12. Performance management and Reporting ( from ED till 48 months)
The Consultant shall:
Develop and manage a reporting platform that will provide continuously updated
information and be customized to facilitate communication between Client and
various stakeholders including sub-contractors, suppliers and other consultants
Collect, analyzes, track, monitor, and separately report the Project cost, schedule
and budget information on an agreed basis. This should include all encumbrances,
commitments and actual expenditures and develop earned value, trends, forecasts
and variance information. In addition, the Consultant shall conduct Program
progress review meetings and other related meetings.
Prepare its periodic Project status reports to issue to higher authorities and/or other
relevant stakeholders
13. Stakeholder Management ( from ED till 48 months)
13.1 Consultant will ensure that stakeholder requirements are delivered though each of
the project components. This will enable the Client to focus on incorporating
stakeholders‘ input, serving as a liaison to all levels of government, and managing
the flow of funding in a transparent and proactive manner.
13.2 The Consultant shall:
Identify all stakeholders with the assistance of Client
Develop and implement a stakeholder management and coordination strategy
Support Client to initiate contact with all government and non-governmental
entities that form part of the Client
Prepare engagement strategies with stakeholders
Prepare proposals for the consideration to centre/state ministries, departments,
funding agencies, including further presentations/write ups/follow ups, etc. with
respect to implementation of the project.
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Give comments and opinions sought by the departments/financing/regulatory
agencies under the State/Central Government with respect to the Bhopal &
Indore Metro rail project being developed/implemented. The nature of queries
may pertain to methodology, documents or processes with respect to the project
and may include technical, commercial and financial aspects.
Ensure interface management and co-ordination.
14. Communication Management ( from ED till 48 months)
The Consultant shall develop a Program Communication Plan which addresses the
following elements:
Procedures and flow charts that details the Project participants, including but not
limited to Client, contractors, Sub Contractors, suppliers and other stakeholders
Delivery/distribution of different forms of information/communications to relevant
appropriate Project stakeholders
Contractual and functional communication requirements and ensuring Client is
always included in all communication between the Consultant and the Project
participants and all other entities relating to the Project Schedule status review
meetings at all levels
15. Contract Management ( from ED till 48 months)
The Consultant shall:
Provide contractual and commercial advice and support project managers
Comply with contract administration standards, procedures and tools
shall support Client how to give visibility to the management in the following
areas: changes, invoicing, claims, valuations and payments, notices, early
warnings, approvals, compliances, breaches, terminations, extensions,
entitlements, disputes and reconciliations, insurances, warranties, collaterals,
securities and bonds and take appropriate measures in consultation with the
Client.
16. Digital Platform for Project management ( ED + 04 months)
16.1 The Consultant shall select and implement appropriate digital platform for
undertaking project management and implement the same as directed by the
Client.
17. Knowledge Functions ( from ED till 48 months)
17.1 Develop and implement system to capture knowledge gained during project
execution for future use,
17.2 Search, analysis, procures and implement latest techniques for further
improvement/innovation in works related to metro rail development.
17.3 Showcase the project to stakeholders, participate in forums and create a positive
impact related to the development and implementation of metro rail projects in the
cities of the state of Madhya Pradesh.
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18. Services and Facilities to be provided by Client to GC
18.1 Client will provide office space for key resources as mentioned in TECH-3.
18.2 Assist foreign consultants, sub-consultants and personnel to obtain work permits
and such other documents as shall be necessary to enable the consultants, sub
consultants personnel to perform the service in India for this Project.
18.3 Assist foreign personnel and, if appropriate, their eligible dependents to be
provided promptly with all necessary entry and exit visas, residence permits and
any other document required for their stay in India.
18.4 Issue to officials, agents and representatives of the Government, all such
instructions as may be necessary for appropriate, prompt and effective
implementation of the General Consultancy.
18.5 Assist the foreign consultants their personnel and any sub-consultants employed
by the consultants for the services in any requirement to register or obtain any
permission.
18.6 Permit to practice their profession or to establish themselves either individually or
as a corporate entity according to the Applicable Laws.
18.7 Provide to the foreign consultants, sub-consultants and personnel such other
assistance as reasonably required.
18.8 For site supervision by the Consultant (GC), site offices shall be provided under
various construction contracts, reasonably furnished, as approved by client.
19. Duration of the Consultancy Services
Duration of consultancy services would be 48 months for implementation and 12
months of DLP; duration could be extended if required after mutual agreement
between Client and GC.
20. Language
The RFP application prepared by the Applicant and all correspondence and
documents related to the RFP and exchange by the Applicant and Client shall be in
English.
Any printed literature furnished by the Applicant may be written in another
language as long as such literature is accompanied by a translation of its pertinent
passages in English, in which case, for purpose of interpretation of the RFP, the
English translation shall govern.
21. Governing Law
The governing laws for the purpose of the tendering process including this
prequalification process are the laws of India and courts of Madhya Pradesh shall
have full jurisdiction considering any matter arising out of this RFP and the
tendering processes.
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Attachment I: Executive Summary of DPR for Bhopal
Executive Summary
1. The need
The urban sprawl of Bhopal planning area is already 812.26 Sq. Km. and the
population in the metropolitan area is over 2.3 million which is projected to be
over 4.3 million by year 2041.The per capita trip rate is 1.17 for the motorized trips
and the accident rates are quite high with about 9 % of them as fatal accidents, the
number of vehicles is further increasing rapidly every year and has already reached
about one million now. All these above have caused the shortage in the road space
for movement & parking of vehicles, space for non- motorized vehicles and
Pedestrians. This is also contributing substantially to the increased level of dust, air
and noise pollution due to more time spent on the travel time. The increase in road
area also needs frequent time to time maintenance for the good ride quality and less
wear and tear of the road user vehicles but this maintenance is not always happening
due to various factors like fewer funds, climate, traffic, other infrastructure works
on the road like lying of cables etc., and other social events.
Therefore a High level of high quality Mass transport system is needed for the city of
the Bhopal to attract its people to use clean and sustainable mode of transport to lead a
more safe, secure, healthy and high quality of life contributing to maintain the
ecosystem of the world by climate change mitigation and sustainable development and
by minimize converting further green area into built.
The aim of this contract is to obtain General Consultancy Services including but not
limited to design, procurement, construction, strategic and financial consultancy
including fare and non-fare box revenue modeling, testing and commissioning of the
complete Bhopal and Indore Metro Rail Project Corridors including but not limited to
all civil engineering structures, tracks, signals, telecom facilities, traction
arrangements, air conditioning & ventilation, rolling stock, maintenance depots,
stations, operation control center, offices, residential buildings, station integration
areas, bridges, flyovers, elevated and surface sections over the project routes and
integration with other modes of transport, etc.
The services shall include but not limited to tender packaging, preparation and
finalization of tender documents for civil and system contracts including preparing the
conceptual plans for complete civil engineering and system works, assisting Madhya
Pradesh Metro Rail Co Ltd to fix contracts for civil and system works, evaluation of
tenders, proof checking of designs for civil and system work where the contract is on
design and construct basis. GC is also expected to carry out complete checking,
verification and approval to all civil/system contract design submissions including that
of rolling stock, certification of vendor sources and inspection of vendor items
wherever needed, supervision of all construction activities including installation of
RFP NO: 01/GC/MPMRCL/2016 Section 6: Terms of Reference
MADHYA PRADESH METRO RAIL CO LTD Page | 145
systems and commissioning of rolling stock, integration of systems, ensuring
specifications, standards, safety & quality at worksites, monitoring and reporting the
progress of all works, supervision of system trials and system integration and ensuring
commissioning of the entire line in stages as per the target dates laid, at the same time
exercising utmost cost control measures.
2. Goals and Objectives:
The Goal is to offer a rail based Sustainable Urban Transport System, Smart and
Healthy City to increase the quality of life and better access to goods, services,
creating employment opportunities and sustainable development, climate change
mitigation resulting in a livable city environment i.e. health supportive environment
with more allocation of road space to people rather than vehicles so as to make people
include walk and cycle in their daily routines during course of transit for their healthy
life.
The aim is to increase the capacity of the existing developed urban land by increasing
the infrastructure so that some areas can be freed for green spaces and some
redeveloped for better optimum use.
The main objective of this project is to provide continuous availability of affordable,
reliable, safe, secure and seamless transport system in the urban agglomeration of
Indore so as to reduce the accidents, pollution, travel time, energy consumption and
anti-social incidents as well as to control urban development and land use for
sustainability and regional development.
3. Activities involved:
Design, Construction, Operation & Maintenance for the Metro Rail System. This will
mainly involve activities of consulting services, civil works, Procurement-Installation
& commissioning of electrical, signaling and telecommunication, rolling stock, air-
conditioning and ventilation, safety and security appliances, software, hardware for
ticketing and system O&M for the phase 1 section as detailed below :
Line
No.
Name of
Corridor/
Line
Total Stations Length in KM
Elevat
ed
Under
ground
At
Grade Total Elevated Ramp
Under
ground
At
Grade Total
2
Karond
Square to
AIIMS
14 2 0 16 12.58 0.62 1.79 0 14.99
5
Bhadbhada
Square to
Ratnagiri
Tiraha
14 0 0 14 12.882 0 0 0 12.88
TOTAL 30 27.87
RFP NO: 01/GC/MPMRCL/2016 Section 6: Terms of Reference
MADHYA PRADESH METRO RAIL CO LTD Page | 146
4. Outputs of the project
A State of the Art Metro Rail System providing seamless urban transport service
contributing to barrier free & environmental friendly i.e. good quality of life.
5. Outcome of the project
Reduction in Accidents / Lethality
Reduction in Fuel Consumption
Reduction in vehicle operating Cost
Reduction in Travel Time
Reduction in Pollution level
Increased Employment
Increased access to public transport
Sustainable development
6. Technical component
Procurement of Civil works/ Rolling Stock/ Signaling & Telecommunication/
Electrical/ Hardware and software for ticketing and Operations/ safety and security
appliances/ Air conditioning and ventilation.
7. Target population / group:
All General Public resident of Bhopal urban agglomeration and General Public
visiting Bhopal but for safety and security reasons persons who are visibly
intoxicated, insane and/or under the influence of controlled substances, persons
carrying flammable material and/or explosives, persons carrying bulky objects or
items over 1.5 meters (5ft) tall and/or wide are prohibited. The targeted ridership per
day on phase 1 lines is estimated as below:
Total
Day 2018 2021 2031 2041
Line Description Pass. Pass. km Pass. Pass.
km Pass. Pass. km Pass. Pass. km
2
Karond
Circle –
AIMS
198,106 891,190 215,224 968,194 283,703 1,276,250 373,970 1,682,322
5
Bhadbhada
SQ-
Ratnagiri
127,805 595,064 138,848 646,481 183,026 852,176 241,260 1,123,318
8. Implementation period
Project is proposed to be implemented in 5 years i.e. from 2017-18 to 2021-22
Section 6 – Term of Reference
MADHYA PRADESH METRO RAIL CO LTD Page | 147
Attachment II: Executive Summary of DPR for Indore
Executive Summary
1. The need
The urban sprawl of Indore planning area is already 505.25 Sq. Km. and the population in the
metropolitan area is over 2.3 million which is projected to be over 5.1 million by year
2041.The per capita trip rate is 1.21 for the motorized trips and the accident rates are quite high
with about 9 % of them as fatal accidents, the number of vehicles is further increasing rapidly
every year and has already reached about one million now. All these above have caused the
shortage in the road space for movement & parking of vehicles, space for non-motorized
vehicles and Pedestrians. This is also contributing substantially to the increased level of dust,
air and noise pollution due to more time spent on the travel time. The increase in road area also
needs frequent time to time maintenance for the good ride quality and less wear and tear of the
road user vehicles but this maintenance is not always happening due to various factors like
fewer funds, climate, traffic, other infrastructure works on the road like lying of cables etc.,
and other social events.
Therefore a High level of high quality Mass transport system is needed for the city of the
Indore to attract its people to use clean and sustainable mode of transport to lead a more safe,
secure, healthy and high quality of life contributing to maintain the ecosystem of the world by
climate change mitigation and sustainable development and by minimize converting further
green area into built.
The aim of this contract is to obtain General Consultancy Services including but not limited to
design, procurement, construction, strategic and financial consultancy including fare and non-
fare box revenue modeling, testing and commissioning of the complete Bhopal and Indore
Metro Rail Project Corridors including but not limited to all civil engineering structures, tracks,
signals, telecom facilities, traction arrangements, air conditioning & ventilation, rolling stock,
maintenance depots, stations, operation control center, offices, residential buildings, station
integration areas, bridges, flyovers, elevated and surface sections over the project routes and
integration with other modes of transport, etc.
The services shall include but not limited to tender packaging, preparation and finalization of
tender documents for civil and system contracts including preparing the conceptual plans for
complete civil engineering and system works, assisting Madhya Pradesh Metro Rail Co Ltd to
fix contracts for civil and system works, evaluation of tenders, proof checking of designs for
civil and system work where the contract is on design and construct basis. GC is also expected
to carry out complete checking, verification and approval to all civil/system contract design
submissions including that of rolling stock, certification of vendor sources and inspection of
vendor items wherever needed, supervision of all construction activities including installation of
systems and commissioning of rolling stock, integration of systems, ensuring specifications,
standards, safety & quality at worksites, monitoring and reporting the progress of all works,
supervision of system trials and system integration and ensuring commissioning of the entire
Section 6 – Term of Reference
MADHYA PRADESH METRO RAIL CO LTD Page | 148
line in stages as per the target dates laid, at the same time exercising utmost cost control
measures.
2. Goals and Objectives
The Goal is to offer a rail based Sustainable Urban Transport System, Smart and Healthy City
to increase the quality of life and better access to goods, services, creating employment
opportunities and sustainable development, climate change mitigation resulting in a livable
city environment i.e. health supportive environment with more allocation of road space to
people rather than vehicles so as to make people include walk and cycle in their daily routines
during course of transit for their healthy life.
The aim is to increase the capacity of the existing developed urban land by increasing the
infrastructure so that some areas can be freed for green spaces and some redeveloped for better
optimum use.
The main objective of this project is to provide continuous availability of affordable, reliable,
safe, secure and seamless transport system in the urban agglomeration of Indore so as to
reduce the accidents, pollution, travel time, energy consumption and anti-social incidents as
well as to control urban development and land use for sustainability and regional development.
3. Activities involved
Design, Construction, Operation, Maintenance & Management for the Metro Rail System. This
will mainly involve activities of consulting services, civil works, Procurement-Installation &
commissioning of electrical, signaling and telecommunication, rolling stock, air-conditioning
and ventilation, safety and security appliances, software, hardware for ticketing and system
O&M for the phase 1 section as detailed below :
Line
No.
Name of
Corridor/ Line
Total Stations Length in KM
Elevate
d
Under
ground
At
Grade Total Elevated Ramp
Under
ground
At
Grade Total
3
Ring: Nainod-
super corridor-
Bhawarshala-
MR10-vijay
nagar-Radisson
Square-Bengali
Sqaure-
Palasisa-Bada
Ganpati-
Nainod
20 4 6 30 19.27 1.97 3.48 7.09 31.55
4. Outputs of the project
A State of the Art Metro Rail System providing seamless urban transport service contributing
Section 6 – Term of Reference
MADHYA PRADESH METRO RAIL CO LTD Page | 149
to barrier free & environmental friendly i.e. good quality of life.
5. Outcome of the project
Reduction in Accidents/Lethality
Reduction in Fuel Consumption
Reduction in vehicle operating Cost
Reduction in Travel Time
Reduction in Pollution level
Increased Employment
Increased access to public transport
Sustainable development
6. Technical component
Procurement of Civil works/Rolling Stock/Signaling Telecommunication/Electrical/ Hardware
and software for ticketing and Operations/safety and Security appliances/ Air conditioning and
ventilation.
7. Target population / group
All General Public resident of Indore urban agglomeration and General Public visiting Indore
but for safety and security reasons persons who are visibly intoxicated, insane and/or under the
influence of controlled substances, persons carrying flammable material and/or explosives,
persons carrying bulky objects or items over 1.5 meters (5ft) tall and/or wide are prohibited.
The targeted ridership per day on phase 1 lines is estimated as below:
Total Day 2018 2021 2031 2041
Line Description Pass. Pass. km Pass. Pass. Km Pass. Pass. km Pass. Pass. km
3 Ring Line 3,16,175 21,27,197 3,44,488 23,17,682 4,58,487 30,84,663 6,10,213 41,05,456
8. Implementation period
Project is proposed to be implemented in 5 years i.e. from 2017-18 to 2021-22
Section 6 – Term of Reference
MADHYA PRADESH METRO RAIL CO LTD Page | 150
Attachment III (A): Positions and Number of Man-Months for Staff
Sr. No.
Expert Position
(Key/
Non-Key/
Support)
Nos.
Total
Minimum
Man-
month
Sl.
Type
Sl.
A CORE GROUP
1 K-1
Project Director / Project Leader / Project
Coordinator Key 2 96
2 K-2 Dy. Project Director/ Dy. Project Leader Key 2 120
3 K-3 Chief Contracts Manager Key 2 48
4 K-4 Dy. Chief Contracts Manager Key 2 120
5 NK-1 Sr. Contract Expert Non-Key 2 80
6 K-5 Chief Program Expert Key 2 96
7 K-6 Dy. Chief Program Manager / Sr. Program Expert Key 2 120
8 K-7 Chief Cost control Expert Key 2 84
9 K-8 Sr. Cost control Expert Key 2 84
10 K-9 Chief Quality Assurance Expert Key 2 48
11 K-10 Sr. Quality Assurance Expert (Civil) Key 2 120
12 K-11 Chief Safety Expert Key 2 48
13 K-12 Sr. Safety Expert Key 2 120
14 NK-2 Safety Engineer Non-Key 4 160
15 NK-3 Safety Inspector Non-Key 16 384
16 K-13 Chief Environment Expert Key 2 72
17 NK-4 Environment Engineer Non-Key 4 96
18 K-14 Chief Architectural Expert Key 2 96
19 K-15 Chief Testing & Commissioning Expert Key 2 72
20 NK-5 Senior Testing and Commissioning Expert Non-Key 6 216
21 K-16 Operation & Maintenance Expert Key 2 36
22 NK-6 Sr. Engineer O&M Non-Key 4 144
23 NK-7 Traffic Engineer Non-Key 2 72
24 NK-8 Traffic Inspector Non-Key 8 192
25 NK-9 Utility Engineer Non-Key 4 144
26 K-17 Multimodal Transport Planner Key 2 48
27 NK-10 Sr. Property Development Planner Non-Key 2 36
28 K-18 Chief Geo Technical Expert Key 2 36
29 NK-11 Senior Project Coordinator Non-Key 2 96
30 NK-12 Cost Controller Non-Key 4 160
31 NK-13 Sr. Procurement Engg. Non-Key 2 72
32 NK-14 Procurement Engg. Non-Key 4 96
Sub-Total for Group A Key 1464
Non-Key 1948
Support 0
Section 6 – Term of Reference
MADHYA PRADESH METRO RAIL CO LTD Page | 151
B
VIADUCT, ELEVATED STATIONS, SERVICE
BUILDING INCLUDING DEPOT
33 NK-15 Alignment Engineer Non-Key 2 48
34 K-19 Chief Structures expert – Elevated Key 2 48
35 K-20 Senior Project Execution Expert (Elevated) Key 2 72
36 K-21 Sr. Structure Execution Expert Key 4 96
37 NK-16 Section Engineer/ Elevated Stations and Viaduct Non-Key 8 192
38 NK-17 Site Engineer/ Elevated Stations and Viaduct Non-Key 8 192
39 K-22 Sr. Geotechnical Expert Key 2 48
40 K-23 Sr. Architect (Elevated viaduct, Depot and Station) Key 4 144
41 NK-18 Architect Non-Key 6 144
42 NK-19 Section Engineer (E & M) Non-Key 4 144
43 NK-20 Site Engineer (E&M) Non-Key 8 240
44 K-24 Senior Depot Resident Engineer Key 2 72
45 NK-21 Section Engineer-Depot Non-Key 4 144
46 NK-22 Site Engineer-Depot Non-Key 4 144
Sub-Total for Group B only Key 480
Non-Key 1248
Support 0
C UNDERGROUND SECTION GROUP
47 K-25 Chief Structures expert – Underground Key 2 72
48 K-26 Senior Structures expert – Underground Key 2 72
49 K-27 Sr. Bored Tunnel Expert Key 2 48
50 NK-23 Section Engineer/ UG Non-Key 4 144
51 NK-24 Site Engineer/ UG Non-Key 6 216
52 K-28 Sr. Engineer E&M /UG Key 2 72
53 NK-25 Section Engineer E&M /UG Non-Key 2 72
54 NK-26 Site Engineer E&M /UG Non-Key 6 216
55 NK-27 Section Engineer (cut & Cover) Non-Key 2 72
56 NK-28 Section Engineer (TBM) Non-Key 2 72
57 NK-29 Geotechnical Engineer Non-Key 2 48
58 NK-30 Geologist Non-Key 2 36
59 NK-31 Architect - UG Non-Key 4 144
60 K-29
Chief Ventilation and Air-conditioning (VAC)
Expert Key 2 72
61 K-30
Sr. Engineer - Tunnel Ventilation, Station Air-
conditioning Key 2 72
62 NK-32
Resident Engineer/ Tunnel Ventilation, Station Air-
conditioning and E&M Engineer -UG Non-Key 4 144
63 NK-33 Contract Expert - UG Non-Key 2 48
Sub-Total for Group C Key 408
Non-Key 1212
Support 0
D SYSTEMS GROUP
64 K-31 Chief Project Expert / System (system Integration) Key 2 48
65 K-32 Sr. Project Expert / System (system Integration) Key 2 96
Section 6 – Term of Reference
MADHYA PRADESH METRO RAIL CO LTD Page | 152
66 NK-34 System Training Expert Non-Key 2 36
D-1 POWER SUPPLY & TRACTION
67 K-33 Chief Power Supply & Traction Expert Key 2 96
68 NK-35 Sr. Traction Power Supply Expert Non-Key 2 72
69 NK-36 Sr. Engineer - Traction/OHE Non-Key 2 120
70 NK-37 Site Engineers - Traction/OHE Non-Key 4 144
71 NK-38 Sr. Engineer - Power Supply Non-Key 2 96
72 NK-39 Site Engineers - Power Supply Non-Key 4 144
73 NK-40 Sr. Engineer SCADA Non-Key 2 72
74 NK-41 Engineer SCADA Non-Key 2 72
D-2 TRACK
75 K-34 Chief Track Expert Key 2 96
76 NK-42 Sr. Track Design Expert Non-Key 2 60
77 NK-43 Sr. Engineer - Track Installation Non-Key 4 144
78 NK-44 Site Engineer - Track Installation Non-Key 4 144
D-3 SIGNALING
79 K-35 Chief Signaling Expert Key 2 48
80 K-36 Dy.Chief Signaling Expert Key 2 96
81 NK-45 Sr. Signaling Expert Non-Key 2 120
82 NK-46 Site Engineer - Signaling Non-Key 4 144
83 NK-47 Sr. RAMS Engineer Non-Key 2 72
D-4 TELECOMMUNICATION
84 K-37 Chief Telecom Expert Key 2 96
85 NK-48 Sr. Telecom Expert Non-Key 2 84
86 NK-49 Site Engineer - Telecom Non-Key 4 160
D-5 AUTOMATIC FARE COLLECTION
87 K-38 Chief Automatic Fare Collection Expert Key 2 96
88 NK-50 Sr. Automatic Fare Collection Expert Non-Key 2 84
89 NK-51 Site Engineer - AFC Non-Key 4 144
D-7 E&M
90 K-39 Chief E&M Expert Key 2 96
91 K-40 Sr. Lift, Escalators etc. Expert Key 2 84
92 NK-52 Engineer Lift, Escalators etc. Non-Key 2 48
D-8 ROLLING STOCK
93 K-41 Chief Rolling Stock Expert Key 2 48
94 K-42 Sr. Engineer Rolling Stock Key 2 96
95 NK-53 Rolling Stock Engineer — Electrical System Non-Key 2 84
96 NK-54 Rolling Stock Engineer— Mechanical System Non-Key 2 72
97 NK-55
Senior Maintenance Engineer for Rolling Stock,
Signaling & Depot. Non-Key 2 48
D-9 DEPOT PLANT & MACHINERIES
98 K-43 Chief Depot facility Expert (M&P) Key 2 72
99 NK-56 Depot Plant & Machineries Specification Engineer Non-Key 2 72
100 NK-57 Depot Plant & Machineries Installation Engineer Non-Key 4 84
Sub-Total for Group D Key 1068
Section 6 – Term of Reference
MADHYA PRADESH METRO RAIL CO LTD Page | 153
Non-Key 2320
Support 0
E -1
TECHNICAL/STRATEGIC / FINANCIAL
CONSULTANCY CORE TEAM (AT HEAD
OFFICE)
101 K-44 Head Strategic/ Financial Expert Key 1 12
102 K-45 Real Estate Expert Key 1 12
103 K-46 Project Controls Expert Key 1 48
104 K-47 Transport Economist Key 1 48
105 NK-58 Risk, Governance, Compliance & Reporting Expert Non-Key 1 48
106 NK-59 Schedule and Program management Expert Non-Key 1 48
107 NK-60 Cost and Financial Management expert Non-Key 1 48
108 NK-61 Scheduling Assistant Non-Key 2 96
109 NK-62 Executive Assistant Non-Key 1 48
110 NK-63 Procurement Manager Non-Key 1 48
111 K-48 PPP/Project Structuring Expert Key 1 24
112 NK-64 Project Communication Expert Non Key 1 48
113 NK-65 Real Estate Marketing Expert Non Key 1 24
114 NK-66 Land Pooling/Town Planning Expert Non Key 1 24
115 NK-67 Strategic Consultant (Technical) Non Key 1 48
E-2 TECHNICAL TEAM (AT HEAD OFFICE)
116 NK-68 Sr. Engineer - Rolling Stock Non-Key 1 48
117 NK-69 Sr. Engineer - Signaling Non-Key 1 48
118 NK-70 Sr. Engineer - Power Supply Non-Key 1 48
119 NK-71 Sr. Engineer - E&M Non-Key 1 48
120 NK-72 Sr. Engineer - AFC Non-Key 1 48
121 NK-73 Sr. Engineer - Communication Non-Key 1 48
122 NK-74 Sr. Engineer - Civil (Station/Depot) Non-Key 1 48
123 NK-75 Sr. Engineer - Civil (Underground) Non-Key 1 48
124 NK-76 Sr. Engineer - Civil (Elevated) Non-Key 1 48
125 NK-77 Sr. Architect Non-Key 1 48
126 NK-78 Section Engineer - Rolling Stock Non-Key 1 36
127 NK-79 Section Engineer - Signaling Non-Key 1 36
128 NK-80 Section Engineer - Power Supply Non-Key 1 36
129 NK-81 Section Engineer - E&M Non-Key 1 36
130 NK-82 Section Engineer - AFC Non-Key 1 36
131 NK-83 Section Engineer - Communication Non-Key 1 36
132 NK-84 Section. Engineer - Civil (Station/Depot) Non-Key 1 36
133 NK-85 Section. Engineer - Civil (Underground) Non-Key 1 36
134 NK-86 Sr. Engineer - Civil (Elevated) Non-Key 1 36
135 NK-87 Architect Non-Key 1 36
136 K-49 Legal Expert Key 1 36
137 NK-88 Deputy Legal Expert Non-Key 2 84
138 K-50 IEC/PR Expert Key 1 48
139 NK-89 Deputy IEC/PR Expert Non-key 2 96
Section 6 – Term of Reference
MADHYA PRADESH METRO RAIL CO LTD Page | 154
140 NK-90 Sr. Urban Planner/ TOD Expert Non-key 1 48
141 NK-91 Marketing Expert Non-Key 1 24
Sub-Total for Group E Key 228
Non-Key 1572
Support 0
F
SUPPORT GROUP FOR THE PROJECT
GROUP AND HEAD OFFICE
142 S-1 IT-Manager Support 3 180
143 S-2 IT Engineer Support 6 288
144 S-3 Receptionist Support 3 144
145 S-4 Secretary to P.D. Support 3 144
146 S-5 Secretary to D.P.D. Support 3 180
147 S-6 Office Manager Support 3 144
148 S-7 Office Assistant Support 9 432
149 S-8 Office Boy Support 12 576
150 S-9 Pantry Boy Support 12 576
151 S-10 Finance Manager Support 3 144
152 S-11 Account Asst. Support 3 180
153 S-15 Senior Cad Operator Support 3 144
154 S-16 Document Control Support 3 144
155 S-17 Asst. Document Controller Support 9 432
156 S-18 Quantity Estimator Support 4 192
157 S-19 CAD Draftsman - Elevated Stations + Structures Support 6 288
158 S-20 CAD Draftsman - UG Support 4 192
159 S-21 CAD Draftsman - (E&M) Support 4 192
Sub-Total for Group F Key 0
Non-Key 0
Support 4572
Key Experts (man-
months)
Non-Key Experts
(man- months)
Support Staff (man-
months)
Total (man-
months)
Experts 3648 8300 4572 16520
After negotiation positions, numbers and man months can be changed as per requirement of the
project. Firstly for new positions existing positions shall be adjusted and if aforesaid positions/
numbers/man months could not be changed looking in the need of the project then new
positions would be provisioned and against those position as per mutual consent payment would
be made to the consultant.
Section 6 – Term of Reference
MADHYA PRADESH METRO RAIL CO LTD Page | 155
Attachment III (B): Qualification and Experience Required for Key and Non-Key
Sr No
Expert Position
(Key/
Non-Key/
Support)
Post
Qualification
Experience
Relevant
Eligible
Assignment
Experience
Minimum required
Qualification Sl. Type
Sl.
A CORE GROUP
1 K-1
Project Director / Project
Leader / Project
Coordinator
Key 20+ Years 7+ or 3 to 7
years
Graduation in Engineering
2 K-2 Dy. Project Director/ Dy.
Project Leader Key 15+ Years
5+ or 3 to 5
years Graduation in Engineering
3 K-3 Chief Contracts Manager* Key 20+ Years 5+ or 3 to 5
years
Graduation in Engineering /
LLB/CA/MBA(Finance)
4 K-4 Dy. Chief Contracts
Manager* Key 15+ Years
5+ or 3 to 5
years
Graduation in Engineering /
LLB/ CA/MBA(Finance)
5 NK-1 Sr. Contract Expert* Non-Key 15 + years 3 + years Graduation in Engineering
/Diploma
6 K-5 Chief Program Expert Key 20+ Years 5+ or 3 to 5
years Graduation in Engineering
7 K-6
Dy. Chief Program
Manager / Sr. Program
Expert
Key 15+ Years 5+ or 3 to 5
years Graduation in Engineering
8 K-7 Chief Cost control Expert Key 20+ Years 5+ or 3 to 5
years Graduation in Engineering
9 K-8 Sr. Cost control Expert Key 15+ Years 5+ or 3 to 5
years
Graduation in Engineering
10 K-9 Chief Quality Assurance
Expert Key 20+Years
5+ or 3 to 5
years Graduation in Engineering
11 K-10 Sr. Quality Assurance
Expert (Civil) Key 15+ Years
5+ or 3 to 5
years Graduation in Engineering
12 K-11 Chief Safety Expert Key 20+Years 5+ or 3 to 5
years
PG/Certification, in relevant
professional field after
graduation
13 K-12 Sr. Safety Expert Key 15+ Years 5+ or 3 to 5
years
PG/Certification, in relevant
professional field after
graduation
14 NK-2 Safety Engineer Non-Key 10 + years 3+ years Graduate Engineer/Diploma,
with relevant certification
15 NK-3 Safety Inspector Non-Key 8 + years 3 + years Graduate Engineer/Diploma,
with relevant certification
16 K-13 Chief Environment Expert Key 15+ Years 5+ or 3 to 5
years PG in Environment
17 NK-4 Environment Engineer Non-Key 10 + years 3+ years Graduation in Engineering
/Diploma
Section 6 – Term of Reference
MADHYA PRADESH METRO RAIL CO LTD Page | 156
Sr No
Expert Position
(Key/
Non-Key/
Support)
Post
Qualification
Experience
Relevant
Eligible
Assignment
Experience
Minimum required
Qualification Sl. Type
Sl.
18 K-14 Chief Architectural Expert Key 20+Years 5+ or 3 to 5
years
Graduation in Architecture
19 K-15 Chief Testing &
Commissioning Expert Key 20+Years
5+ or 3 to 5
years Graduation in Engineering
20 NK-5 Senior Testing and
Commissioning Engineer Non-Key 10 + years 3+ years Graduate Engineer/Diploma
21 K-16 Operation & Maintenance
Expert Key 15+ Years
5+ or 3 to 5
years Graduation in Engineering
22 NK-6 Sr. Engineer O&M Non-Key 10 + years 3+ years Graduate Engineer/Diploma
23 NK-7 Traffic Engineer Non-Key 8 + years 3 + years Graduate Engineer/Diploma
24 NK-8 Traffic Inspector Non-Key 5 + years 2 + years Graduate
25 NK-9 Utility Engineer Non-Key 10 + years 3+ years Graduate Engineer/Diploma
26 K-17 Multimodal Transport
Planner Key 15+ Years
5+ or 3 to 5
years
PG in transportation
engineering/ planning
27 NK-10 Sr Property Development
Planner ** Non-Key 10 + years 3+ years Graduation
28 K-18 Chief Geo Technical
Expert Key 15+ Years
5+ or 3 to 5
years
PG in Geo Technical
engineering/ Graduation in
Geology
29 NK-11 Senior Project Coordinator Non-Key 10 + years 3+ years Graduate Engineer/Diploma
30 NK-12 Cost Controller Non-Key 10 + years 3+ years Graduate Engineer/Diploma
31 NK-13 Sr. Procurement Engg. Non-Key 10 + years 3+ years Graduate Engineer/Diploma
32 NK-14 Procurement Engg. Non-Key 10 + years 3+ years Graduate Engineer/Diploma
B VIADUCT, ELEVATED STATIONS, SERVICE BUILDING INCLUDING DEPOT
33 NK-15 Alignment Engineer Non-Key 10 + years 3+ years Graduate Engineer/Diploma
34 K-19
Chief Structure expert –
Viaduct, Elevated, Station
and Depot
Key 20+ Years 5+ or 3 to 5
years PG in structural engineering
35 K-20 Senior Project Execution
Expert (Elevated) Key 15+ Years
5+ or 3 to 5
years Graduation in civil engineering
36 K-21 Sr. Structure Execution
Expert Key 15+ Years
5+ or 3 to 5
years Graduation in civil engineering
37 NK-16 Section Engineer/ Elevated
Stations and Viaduct Non-Key 8 + years 3 + years Graduate Engineer/Diploma
38 NK-17 Site Engineer/ Elevated
Stations and Viaduct Non-Key 6 + years 2 + years Graduate Engineer/Diploma
39 K-22 Sr. Geotechnical Expert Key 15+ Years 5+ or 3 to 5
years
Graduation in engineering
40 K-23 Sr. Architect (Elevated
viaduct, Depot and Station) Key 15+ Years
5+ or 3 to 5
years
Graduation in architecture
41 NK-18 Architect Non-Key 8 + years 3 + years Graduation in architecture
42 NK-19 Section Engineer (E & M) Non-Key 8 + years 3 + years Graduate Engineer/Diploma
Section 6 – Term of Reference
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Sr No
Expert Position
(Key/
Non-Key/
Support)
Post
Qualification
Experience
Relevant
Eligible
Assignment
Experience
Minimum required
Qualification Sl. Type
Sl.
43 NK-20 Site Engineer (E&M) Non-Key 6 + years 2 + years Graduate Engineer/Diploma
44 K-24 Senior Depot Resident
Engineer Key 15+ Years
5+ or 3 to 5
years
Graduate in Civil Engineering
45 NK-21 Section Engineer-Depot Non-Key 8 + years 3 + years Graduate Engineer/Diploma
46 NK-22 Site Engineer-Depot Non-Key 6 + years 2 + years Graduate Engineer/Diploma
C Underground Section
47 K-25 Chief Structure expert –
Underground Key 20+ Years
5+ or 3 to 5
years
PG in structural engineering
48 K-26 Senior Structure expert –
Underground Key 15+ Years
5+ or 3 to 5
years
PG in structural engineering
49 K-27 Sr. Bored Tunnel Expert Key 15+ Years 5+ or 3 to 5
years
Graduation in Civil
engineering
50 NK-23 Section Engineer/ UG Non-Key 8 + years 3 + years Graduate Engineer/Diploma
51 NK-24 Site Engineer/ UG Non-Key 6 + years 2 + years Graduate Engineer/Diploma
52 K-28 Sr. Engineer E&M /UG Key 15+ Years 5+ or 3 to 5
years
Graduate engineering
53 NK-25 Section Engineer E&M
/UG Non-Key 8 + years 3 + years Graduate Engineer/Diploma
54 NK-26 Site Engineer E&M /UG Non-Key 6 + years 2 + years Graduate Engineer/Diploma
55 NK-27 Section Engineer (cut &
Cover) Non-Key 8 + years 3 + years Graduate Engineer/Diploma
56 NK-28 Section Engineer (TBM) Non-Key 8 + years 3 + years Graduate Engineer/Diploma
57 NK-29 Geotechnical Engineer Non-Key 10 + years 3+ years Graduate Engineer/Diploma
58 NK-30 Geologist Non-Key 8 + years 3 + years Graduation in Geology
59 NK-31 Architect – UG Non-Key 10 + years 3+ years
Graduation in Architecture
60 K-29 Chief Ventilation and Air-
conditioning (VAC) Expert Key 20+ Years
5+ or 3 to 5
years Graduation in Engineering
61 K-30
Sr. Engineer - Tunnel
Ventilation, Station Air-
conditioning
Key 15+ Years 5+ or 3 to 5
years
Graduation in engineering
62 NK-32
Resident Engineer/ Tunnel
Ventilation, Station Air-
conditioning and E&M
Engineer -UG
Non-Key 15 + years 5 + years Graduate Engineer/Diploma
63 NK-33 Contract Expert - UG Non-Key 10 + years 3+ years Graduate Engineer/Diploma
D SYSTEMS GROUP
64 K-31
Chief Project Expert /
System (system
Integration)
Key 20+ Years 5+ or 3 to 5
years
Graduation in Engineering
65 K-32 Sr. Project Expert / System
(system Integration) Key 15+ Years
5+ or 3 to 5
years Graduation in Engineering
66 NK-34 System Training Expert Non-Key 10 + years 3+ years Graduate Engineer/Diploma
D-1 POWER SUPPLY & TRACTION
Section 6 – Term of Reference
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Sr No
Expert Position
(Key/
Non-Key/
Support)
Post
Qualification
Experience
Relevant
Eligible
Assignment
Experience
Minimum required
Qualification Sl. Type
Sl.
67 K-33 Chief Power Supply &
Traction Expert Key 20+ Years
5+ or 3 to 5
years
Graduate in electrical
Engineering
68 NK-35 Sr. Traction Power Supply
Expert Non-Key 15 + years 3 + years
Graduate in electrical
Engineer/Diploma in electrical
69 NK-36 Sr. Engineer -
Traction/OHE Non-Key 10 + years 3+ years
Graduate in electrical
Engineer/Diploma in electrical
70 NK-37 Site Engineers -
Traction/OHE Non-Key 6 + years 2 + years
Graduate in electrical
Engineer/Diploma in electrical
71 NK-38 Sr. Engineer - Power
Supply Non-Key 10 + years 3+ years
Graduate in electrical
Engineer/Diploma in electrical
72 NK-39 Site Engineers - Power
Supply Non-Key 6 + years 2 + years
Graduate in electrical
Engineer/Diploma in electrical
73 NK-40 Sr. Engineer SCADA Non-Key 10 + years 3+ years
Graduate in
electrical/electronics
Engineer/Diploma in
electrical/electronics
74 NK-41 Engineers SCADA Non-Key 6 + years 2 + years
Graduate in
electrical/electronics
Engineer/Diploma in
electrical/electronics
D-2 TRACK
75 K-34 Chief Track Expert Key 20+ Years
5+ or 3 to 5
years Graduate in civil Engineering
76 NK-42 Sr. Track Design Expert Non-Key 15 + years 3 + years Graduate in civil Engineering
/Diploma in civil
77 NK-43 Sr. Engineer - Track
Installation Non-Key 10 + years 3+ years
Graduate in civil
Engineering/Diploma in civil
78 NK-44 Site Engineer - Track
Installation Non-Key 6 + years 2 + years
Graduate in civil Engineering
/Diploma in civil
D-3 SIGNALING
79 K-35 Chief Signaling Expert Key 20+Years 5+ or 3 to 5
years
Graduate in
electrical/electronics
engineering
80 K-36 Dy.Chief Signaling Expert Key 15+ Years 5+ or 3 to 5
years
Graduate in
electrical/electronics
engineering
81 NK-45 Sr. Signaling Expert Non-Key 15 + years 3 + years
Graduate in
electrical/electronics
Engineer/Diploma
82 NK-46 Site Engineer - Signaling Non-Key 6 + years 2 + years
Graduate in
electrical/electronics
Engineer/Diploma
83 NK-47 Sr. RAMS Engineer Non-Key 10 + years 3+ years
Graduate in
electrical/electronics
Engineer/Diploma
D-4 TELECOMMUNICATION
84 K-37 Chief Telecom Expert Key 20+ Years 5+ or 3 to 5
years
Graduate in
electrical/electronics
engineering
85 NK-48 Sr. Telecom Expert Non-Key 10 + years 3+ years
Graduate in
electrical/electronics
Engineer/Diploma in
electrical/electronics
Section 6 – Term of Reference
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Sr No
Expert Position
(Key/
Non-Key/
Support)
Post
Qualification
Experience
Relevant
Eligible
Assignment
Experience
Minimum required
Qualification Sl. Type
Sl.
86 NK-49 Site Engineer - Telecom Non-Key 6 + years 2 + years
Graduate in
electrical/electronics
Engineer/Diploma in
electrical/electronics
D-5 AUTOMATIC FARE COLLECTION
87 K-38 Chief Automatic Fare
Collection Expert Key 20+ Years
5+ or 3 to 5
years Graduation in engineering
88 NK-50 Sr. Automatic Fare
Collection Expert Non-Key 10 + years 3+ years Graduate Engineer/Diploma
89 NK-51 Site Engineer - AFC Non-Key 6 + years 2 + years Graduate Engineer/Diploma
D-7 E&M
90 K-39 Chief E&M Expert Key 20+ Years 5+ or 3 to 5
years Graduation in engineering
91 K-40 Sr. Lift, Escalators etc.
Expert Key 15+ Years
5+ or 3 to 5
years Graduation in engineering
92 NK-52 Engineer Lift, Escalators
etc. Non-Key 10 + years 3+ years Graduate Engineer/Diploma
D-8 ROLLING STOCK
93 K-41 Chief Rolling Stock Expert Key 20+ Years 5+ or 3 to 5
years
Graduate in
electrical/mechanical
engineering
94 K-42 Sr. Engineer Rolling Stock Key 15+ Years 5+ or 3 to 5
years
Graduate in
electrical/mechanical
engineering
95 NK-53 Rolling Stock Engineer —
Electrical System Non-Key 10 + years 3+ years
Graduate in
electrical/electronics
Engineer/Diploma in
electrical/electronics
96 NK-54 Rolling Stock Engineer—
Mechanical System Non-Key 10 + years 3+ years
Graduate in
electrical/mechanical
Engineer/Diploma in
electrical/mechanical
97 NK-55
Senior Maintenance
Engineer for Rolling
Stock, Signaling & Depot.
Non-Key 10 + years 3+ years
Graduate in
electrical/electronics/mechanic
al Engineer/Diploma in
electrical/electronics/mechanic
al
D-9 DEPOT PLANT & MACHINERIES
98 K-43 Chief Depot facility Expert
(M&P) Key 20+ Years
5+ or 3 to 5
years
Graduation in Engineering
99 NK-56 Depot Plant & Machineries
Specification Engineer Non-Key 10 + years 3+ years
Graduate in
mechanical/electrical
Engineer/Diploma in
mechanical/electrical
100 NK-57 Depot Plant & Machineries
Installation Engineer Non-Key 10 + years 3+ years
Graduate in
mechanical/electrical
Engineer/Diploma in
mechanical/electrical
E -1 Strategic / Financial Consultancy Team (At Head Office)
Section 6 – Term of Reference
MADHYA PRADESH METRO RAIL CO LTD Page | 160
Sr No
Expert Position
(Key/
Non-Key/
Support)
Post
Qualification
Experience
Relevant
Eligible
Assignment
Experience
Minimum required
Qualification Sl. Type
Sl.
101 K-44 Head Strategic/ Financial
Expert** Key 15 + years
5+ or 3 to 5
years
CA/ MBA(finance)
/ PG in (Economics/ Finance)
102 K-45 Real Estate Expert** Key 10 + years 5+ or 3 to 5
years Graduation in any discipline
103 K-46 Project Controls Expert** Key 10 + years 5+ or 3 to 5
years Graduation in any discipline
104 K-47 Transport Economist** Key 15+ years 5+ or 3 to 5
years Graduation in any discipline
105 NK-58
Risk, Governance,
Compliance & Reporting
Expert **
Non-Key 10 + years 3+ years Graduation in any discipline
106 NK-59
Project Planning,
Scheduling and Program
Management Expert **
Non-Key 10 + years 3+ years Graduate Engineer/Diploma
107 NK-60
Cost and Financial
Management/ Economic
and Financing scheme
expert**
Non-Key 8 + years 3 + years CA/PG in Finance or
equivalent
108 NK-61 Scheduling Assistant** Non-Key 5 + years 2 + years Graduate Engineer/Diploma
109 NK-62 Executive Assistant** Non-Key 3 + years NIL Graduation in any discipline
110 NK-63 Procurement Manager** Non-Key 8 + years 3 + years Graduate Engineer/Diploma
111 K-48 PPP/Project Structuring
Expert** Key 10 + years
5+ or 3 to 5
years
MBA (Finance)/CA/Company
Secretary/LLB
112 NK-64 Project Communication
Expert** Non Key 8 + years 3+ years
MBA( Communication/media
Management)/PG in
Journalism/Mass
Communication or equivalent
113 NK-65 Real Estate Marketing
Expert**
Non Key 8 + years 3+ years
MBA ( Marketing/Finance) or
equivalent/ Graduation in civil
engineering
114 NK-66 Land Pooling/Town
Planning Expert**
Non Key 8 + years 3+ years
PG in Urban/ Regional
Planning or equivalent
115 NK-67 Strategic Consultant
(Technical) **
Non Key 8 + years 3+ years Graduation in Engineering.
E-2 Technical Team (At Head Office)
116 NK-68 Sr. Engineer - Rolling
Stock Non-Key 10 + years 3+ years
Graduate in
Electrical/Mechanical
Engineer/Diploma in
Electrical/Mechanical
117 NK-69 Sr. Engineer - Signaling Non-Key 10 + years 3+ years
Graduate in
Electrical/Electronic
Engineer/Diploma in
Electrical/Electronic
118 NK-70 Sr. Engineer - Power
Supply Non-Key 10 + years 3+ years
Graduate in Electrical
Engineer/Diploma in Electrical
Section 6 – Term of Reference
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Sr No
Expert Position
(Key/
Non-Key/
Support)
Post
Qualification
Experience
Relevant
Eligible
Assignment
Experience
Minimum required
Qualification Sl. Type
Sl.
119 NK-71 Sr. Engineer - E&M Non-Key 10 + years 3+ years
Graduate in
Electrical/Electronics/Mechani
cal Engineer/Diploma in
Electrical/Electronics/Mechani
cal
120 NK-72 Sr. Engineer - AFC Non-Key 10 + years 3+ years Graduate Engineer/Diploma
121 NK-73 Sr. Engineer -
Communication Non-Key 10 + years 3+ years
Graduate in
Electrical/Electronics
Engineer/Diploma in
Electrical/Electronics
122 NK-74 Sr. Engineer - Civil
(Station/Depot) Non-Key 10 + years 3+ years
Graduate in civil
Engineer/Diploma in civil
123 NK-75 Sr. Engineer - Civil
(Underground) Non-Key 10 + years 3+ years
Graduate in civil
Engineer/Diploma in civil
124 NK-76 Sr. Engineer - Civil
(Elevated) Non-Key 10 + years 3+ years
Graduate in civil
Engineer/Diploma in civil
125 NK-77 Sr. Architect Non-Key 10 + years 3+ years Graduation in Architecture
126
NK-78
Section Engineer - Rolling
Stock Non-Key 8 + years 3 + years
Graduate in
Electrical/Mechanical
Engineer/Diploma in
Electrical/Mechanical
127
NK-79
Section Engineer -
Signalling Non-Key 8 + years 3 + years
Graduate in
Electrical/Electronics
Engineer/Diploma in
Electrical/Electronics
128 NK-80 Section Engineer - Power
Supply Non-Key 8 + years 3 + years
Graduate in Electrical
Engineer/Diploma in Electrical
129
NK-81
Section Engineer - E&M Non-Key 8 + years 3 + years
Graduate in
Electrical/Electronics/
Mechanical Engineer/Diploma
in Electrical/Electronics/
Mechanical
130 NK-82 Section Engineer – AFC Non-Key 8 + years 3 + years Graduate Engineer/Diploma
131
NK-83
Section Engineer -
Communication Non-Key 8 + years 3 + years
Graduate. in
Electrical/Electronics
Engineer/Diploma in
Electrical/Electronics
132 NK-84 Section. Engineer - Civil
(Station/Depot) Non-Key 8 + years 3 + years
Graduate in civil
Engineer/Diploma in civil
133 NK-85 Section. Engineer - Civil
(Underground) Non-Key 8 + years 3 + years
Graduate. in civil
Engineer/Diploma in civil
134 NK-86 Section Engineer - Civil
(Elevated) Non-Key 8 + years 3 + years
Graduate in civil
Engineer/Diploma in civil
135 NK-87 Architect Non-Key 8 + years 3 + years Graduate in Architecture
136 K-49 Legal Expert* Key 20 + years 5+ or 3 to 5
years LLB
137 NK-88 Deputy Legal Expert* Non- Key 15 + years 5 + years LLB
138 K-50 IEC/PR expert Key 15 + years 5+ or 3 to 5
years
PG in Mass
Communication/Public
Relation or equivalent
139 NK-89 Deputy IEC/PR expert Non-Key 10 + years 3 + years
PG in Mass
Communication/Public
Relation or equivalent
Section 6 – Term of Reference
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Sr No
Expert Position
(Key/
Non-Key/
Support)
Post
Qualification
Experience
Relevant
Eligible
Assignment
Experience
Minimum required
Qualification Sl. Type
Sl.
140 NK-90 Sr. Urban Planner/ TOD
Expert Non-Key 10 + years 3 + years
Post-Graduation in
Transportation/Graduate in
Urban Planning
141 NK-91 Marketing Expert Non-Key 10 + years 3 + years MBA(marketing)
F SUPPORT GROUP FOR THE PROJECT GROUP AND HEAD OFFICE
142 S-1 IT-Manager Support 6 + years NIL Graduate in IT/Computers
Science Engineering
143 S-2 IT Engineer Support 3+ years NIL Graduate in IT/Computers
Science Engineering
144 S-3 Receptionist Support 3 + years NIL Graduate
145 S-4 Secretary to P.D. Support 3 + years NIL Graduate
146 S-5 Secretary to D.P.D. Support 3 + years NIL Graduate
147 S-6 Office Manager Support 6 + years NIL Graduate
148 S-7 Office Assistant Support 3+ years NIL Graduate
149 S-8 Office Boy Support 1 + years NIL 10th
Pass
150 S-9 Pantry Boy Support 1 + years NIL 10th
Pass
151 S-10 Finance Manager Support 6 + years NIL Graduate in
Finance/Economics
152 S-11 Account Asst. Support 3+ years NIL Graduate in Commerce
153 S-15 Senior CAD Operator Support 6 + years NIL Graduation in Engineering
154 S-16 Document Control Support 6 + years NIL Graduate
155 S-17 Asst. Document Controller Support 3+ years NIL Graduate
156 S-18 Quantity Estimator Support 6 + years NIL Graduate Engineer/Diploma
157 S-19 CAD Draftsman - Elevated
Stations + Structures Support 3+ years NIL Diploma
158 S-20 CAD Draftsman - UG Support 3+ years NIL Diploma
159 S-21 CAD Draftsman - (E&M) Support 3+ years NIL Diploma
Note:
(i) Diploma candidate shall have 5 years more experience to the experience shown
against each position in attachment III (B).
(ii) Diploma course should be duly approved by the concerned Government
Authority and Duration of diploma course should be mentioned
(iii) Experts can apply for one rank higher key position subject to fulfillment of
required qualification and relevant eligible assignment experience (except K-1,
K-15, K-19, K-25, K-31, K-41 and K-43 position). However, applying for one
rank higher key position would require additional relevant eligible assignment
experience of 2 years than as mentioned in the above table against relevant key
positions. i.e. to obtain full ( 30%) marks experience required will be 7+ years
and to obtain (15%) marks experience required will be 5 to 7 years against
clause no. 19 (iii)(2) 1a and 1b.
Section 6 – Term of Reference
MADHYA PRADESH METRO RAIL CO LTD Page | 163
(iv) After negotiation aforesaid positions could be either interchanged or changed
with new positions as per requirement of the project by the Client.
(v) CVs not fulfilling required qualification and experience will be disqualified
therefore will not be assigned any marks. In case firm with those CVs becomes
successful bidder then consultancy firm should replace those CVs with the CVs
with requisite qualification and experience.
*experts should have experience of basic understanding of civil and infrastructure
project, legal vetting of the documents, contract management, contract drafting,
procurement procedure, arbitration and conciliation, dispute settlement and claim
management etc.
**In addition to experience of relevant eligible assignments experts with experience
of Transit oriented development (TOD)/Mega Property Development related
Engineering/ Infrastructure projects shall also be eligible.
Section 7(Part-I) - Form of Contract
MADHYA PRADESH METRO RAIL CO LTD Page | 164
SECTION 7 (Part-I): CONTRACT CONDITIONS - FORM OF CONTRACT
PROPOSAL DOCUMENT
FOR
SELECTION OF GENERAL CONSULTANT
FOR
MP METRO RAIL PROJECTS
Section 7(Part-I) - Form of Contract
MADHYA PRADESH METRO RAIL CO LTD Page | 165
Form of Contract
[All notes should be deleted in final text]
This CONTRACT (hereinafter called the ―Contract‖) is made the [day] day of the month
of [month], [year], between, on the one hand, [name of Client] (hereinafter called the
―Client‖) and, on the other hand, [name of Consultant] (hereinafter called the
―Consultant‖).
[Note: If the Consultant consists of more than one entity all of which are liable under the
contract, the above should be partially amended to read as follows: …(hereinafter called
the ―Client‖) and, on the other hand, a Joint Venture/Consortium consisting of the
following entities, each of which will be jointly and severally liable to the Client for all the
Consultant‘s obligations under this Contract, namely, [name of member] and [name of
member] (hereinafter collectively called the ―Consultant‖).]
WHEREAS
a. the Client has requested the Consultant to provide certain consulting services as
defined in this Contract (hereinafter called the ―Services‖);
b. the Consultant, having represented to the Client that it has the required professional
skills, expertise and technical resources, has agreed to provide the Services on the
terms and conditions set forth in this Contract;
NOW THEREFORE the parties hereto hereby agree as follows:
1. The RFQ cum RFP including the following documents attached hereto shall be
deemed to form an integral part of this Contract:
a. Minutes of Contract Negotiation;
b. The Special Conditions of Contract (SCC);
c. The General Conditions of Contract (GCC);
d. The following Appendices:
Appendix A: Description of Services
Appendix B: Reporting Requirements
Appendix C: Expert Schedule
Appendix D: Remuneration Cost Estimates
Appendix E: Summary of Cost Estimates
Section 7(Part-I) - Form of Contract
MADHYA PRADESH METRO RAIL CO LTD Page | 166
Appendix F: Services, facilities and property to be provided by the Client
Appendix G: Form of Advance Payments Security
Appendix H: Acknowledgment of Compliance with Guidelines for the Employment of
Consultants under client/other funding agency
Appendix I: Form of performance security
In the event of any ambiguity or conflict between the documents listed above, the
order of precedence shall be the order in which the documents are listed in this Clause
2. The mutual rights and obligations of the Client and the Consultant shall be as set forth
in the Contract, in particular:
a. the Consultant shall carry out the Services in accordance with the provisions of the
Contract;
b. the Client shall make payments to the Consultant in accordance with the provisions
of the Contract;
c. Subject to subparagraph (d) hereunder, and notwithstanding any other provisions
of this Contract, payments under this Contract shall not exceed [amount] in local
currency (INR). Except as otherwise agreed between the Client and the Consultant:
d. The maximum amount specified in subparagraph (c) here above has been fixed on
the understanding that the Client will make available free of charge to the
Consultant the exemptions, assistance, services and facilities provided for under
Clause 5.3 of the General Conditions of Contract . If any such exemptions,
assistance, services and facilities are not supplied, the parties shall consult
regarding what additional allowance (if any) should be made to the Consultant as a
result thereof to cover necessary additional expenses not envisaged in the cost
estimates in Appendices D.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed
in their respective names as of the day and year first above written.
For and on behalf of [name of Client]
[Authorized Representative of the Client – name, title and signature]
[Authorized Representative of the Consultant – name and signature]
Section 7(Part-I) - Form of Contract
MADHYA PRADESH METRO RAIL CO LTD Page | 167
[For a joint venture/consortium, either all members shall sign or only the member in charge,
in which case the power of attorney to sign on behalf of all members shall be attached.]
For and on behalf of each of the members of the Consultant [insert the name of the Joint
Venture/Consortium]
[Name of the member in charge]
[Authorized Representative on behalf of a Joint Venture/Consortium] [Add signature blocks
for each member if all are signing]
MADHYA PRADESH METRO RAIL CO LTD Page | 168
SECTION 7 (Part-II): CONTRACT CONDITIONS - GCC
PROPOSAL DOCUMENT
FOR
SELECTION OF GENERAL CONSULTANT
FOR
METRO RAIL PROJECTS AT BHOPAL AND INDORE
RFP No- 01/GC/MPMRCL/2016 Section-7 (Part II) - GCC
MADHYA PRADESH METRO RAIL Co LTD Page | 169
1. General Provisions
1.1. Definitions
1.1.1 "Affiliate(s)" means an individual or an entity that directly or in directly
controls, is controlled by, or is under common control with the Consultant
1.1.2 "Applicable Guidelines" means the Guidelines for the Employment of
Consultants as per provisions of RFQ cum RFP, published on the date
unless specified in the Special Conditions of Contract (SCC).
1.1.3 "Applicable" Law means the laws and any other instruments having the
force of law in India and Madhya Pradesh, as they may be issued and/or in
force from time to time.
1.1.4 "Applicant/Bidder" means the sole applicant or JV/consortium who has
submitted the bid towards selection of GC
1.1.5 "Borrower" means the Government of India, Government agency or other
entity that signs the Loan Agreement with funding agency.
1.1.6 "Central Government" means the government of India and ―State
Government‖ means government of Madhya Pradesh.
1.1.7 "Claiming Member" means member of JV/Consortium claiming
experience of similar consultancy work/relevant eligible assignment.
1.1.8 "Client" means the executing agency that signs the Contract for the
Services with the selected Consultant. For this proposal MPMRCL.
1.1.9 "Consortium" means a group of separate businesses or business people
joining together and cooperating to complete a project, work together to
perform a contract or conduct an on-going business where the members of
the consortium are jointly and severally liable to the Client for the
performance of the Contract.
1.1.10 "Consultant" means any entity or individual including a Joint
Venture/consortium that has submitted the proposal.
1.1.11 "Contract" means a legally binding written agreement signed between the
Client and the Consultant and includes all the attached documents listed in
paragraph-1 of the Form of Contract.
1.1.12 "Country of the Foreign partner" means country where the registered
office of the foreign partner is situated.
1.1.13 "Data Sheet" means an integral part of the Instruction to Consultants (ITC)
Section -2 that is used to reflect specific assignment conditions to
supplement, but not over ride, the provision of the ITC.
1.1.14 "Day" means calendar day unless indicated otherwise.
1.1.15 "Effective Date" means the date on which this Contract comes into force
and effect pursuant to Clause GCC 2.1.
1.1.16 "Experts" means, collectively, Key Experts, Non-Key Experts, or any other
professional personnel of the Consultant or Joint Venture/consortium
member(s).
1.1.17 "Firm" means any entity registered under their respective act.
1.1.18 "Foreign Currency" means any currency other then INR.
1.1.19 "Foreign Partner" means partner or member of the JV/Consortium whose
registered office is outside India.
RFP No- 01/GC/MPMRCL/2016 Section-7 (Part II) - GCC
MADHYA PRADESH METRO RAIL Co LTD Page | 170
1.1.20 "GCC" mean these General Conditions of Contract.
1.1.21 "General consultant" means the consultant selected for providing services.
1.1.22 "ITC" (Section-2 of the RFP) means the Instructions to Consultants that
provide all information needed to prepare their Proposals.
1.1.23 "Joint Venture" means an association with or without a legal personality
distinct from that of its members, of more than one Consultant where one
member has the Client to conduct all businesses for and on behalf of any
and all members of the JV, and where the members of the JV are jointly and
severally liable to the Client for the performance of the Contract.
1.1.24 "Key Expert(s)" means an individual professional whose skills,
qualifications, knowledge and experience are critical to the performance of
the Services under the Contract.
1.1.25 "Local Currency" means Indian National Rupees (INR).
1.1.26 "LOI" (Section-1 of the RFP) means the Letter of Invitation being sent by
the Client to the Consultants.
1.1.27 "Member" means member of the JV/Consortium.
1.1.28 "Non-Key Expert(s)" means an individual professional provided by the
Consultant other than "key experts" and who is assigned to perform the
Services or any part thereof under the Contract.
1.1.29 "Party" means the client or successful consultant as the case may be.
1.1.30 "Proposal" means the proposal towards 'short listing of consultants',
'Technical Proposal' and the 'Financial Proposal' of the Consultant.
1.1.31 "QCBS" means Quality cum Cost-Based Selection as describe in Data
Sheet.
1.1.32 "Relevant eligible assignments" for Consultant means projects of General
Consultancy / General Engineering Consultancy/Project Management
Consultancy/'Independent Engineer for the project implementation
authority' for Metro/ LRT.
1.1.33 "Relevant eligible assignments" for Expert means projects of General
Consultancy / General Engineering Consultancy/Project Management
Consultancy for Metro/ LRT.
1.1.34 "Representative of the Client" means any individual or entity authorized
by client as its representative.
1.1.35 "Representative of the Consultant" means authorized representative of
the consultant.
1.1.36 "RFP" means this Request for Proposals for selection of the Consultant.
1.1.37 "RFQ" means this Request for Qualification for shortlisting of the
Consultant for evaluation of technical proposal.
1.1.38 "SCC" means the Special Conditions of Contract by which the GCC may
be amended or supplemented but not over- written.
1.1.39 "Services" means the work to be performed by the Consultant pursuant to
the Contract.
1.1.40 "TOR" means the Terms of Reference that describes the objectives, scope
of work, activities and tasks to be performed, obligation and responsibilities
etc. of the Consultant and deliverables of the assignment.
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1.2. Relationship between the Parties
Nothing contained herein shall be construed as establishing a relationship of master and
servant or of principal and agent as between the Client and the Consultant. The Consultant,
subject to this Contract, has complete charge of Experts, if any, performing the Services
and shall be fully responsible for the Services performed by them or on their behalf
hereunder.
1.3. Law Governing Contract
This Contract, its meaning and interpretation and the relation between the Parties shall
be governed by the Applicable Laws of India and Madhya Pradesh.
1.4. Language
This Contract shall be executed in the language specified in the SCC, which shall be the
binding and controlling language for all matters relating to the meaning or interpretation of
this Contract.
1.5. Headings
The headings shall not limit alter or affect the meaning of this Contract.
1.6. Communications
1.6.1. Any communication required or permitted to be given or made pursuant to this Contract
shall be in writing in the language specified in Clause GCC 1.4. Any such
communication shall be deemed to have been given or made when delivered in person to
an authorized representative of the Party to whom the communication is addressed, or
when sent to such Party at the address specified in the SCC.
1.6.2. A Party may change its address for notice here under by giving the other Party any
communication of such change to the address specified in the SCC.
1.7. Location
The Services shall be performed at Bhopal and Indore or at such locations as specified by
the Client.
1.8. Client of Lead Member
In case the Consultant is a Joint Venture/Consortium, the members hereby authorize the
member specified in the SCC to act on their behalf in exercising all the Consultant‘s rights
and obligations towards the Client under this Contract, including without limitation the
receiving of instructions and payments from the Client.
1.9. Authorized Representative
Any action required or permitted to be taken, and any document required or permitted to be
executed under this Contract by the Client or the Consultant may be taken or executed by
the officials specified in the SCC.
1.10. Corrupt and Fraudulent Practices
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The Consultant is required to comply with Client / funding agency policy in regard to
corrupt and fraudulent practices as declared in Appendix-H.
1.11. Monitoring by funding agency
Without assuming the responsibilities of the Client, funding agency may monitor the Services
as necessary in order to satisfy itself that it is being carried out in accordance with appropriate
standards and is based on acceptable data. As appropriate, funding agency may take part in
discussions between the Client and the Consultant. However, funding agency shall not be
liable in any way for the performance of the Services by reason of such monitoring or
participation in discussions. Neither the Client nor the Consultant shall be released from any
responsibility of this Contract by reason of funding agency monitoring or participation in
discussion.
1.12. Difference of Opinion
In the case of a difference of opinion between the Client and the Consultant on any
important matters involving professional judgment that might affect the proper evaluation or
execution of the Project, the Client shall allow the Consultant to submit promptly to the
Client a written report and, simultaneously, to submit a copy to funding agency as
applicable. The Client shall forward the report to funding agency with its comments in time
to allow funding agency to study it and communicate with the Client before any irreversible
steps are taken in the matter. In cases of urgency, the Consultant has the right to request the
Client that the matter be discussed immediately between the Clients and funding agency.
2. Commencement, Completion, Modification And Termination Of Contract
2.1. Effectiveness of Contract
Unless otherwise specified in the SCC, this Contract shall come into force and effect on the
date (the ―Effective Date‖) when:
(a) This Contract has been signed by the Parties; and
(b) This Contract has been reviewed and concurred by Client/funding agency.
Upon fulfillment of the conditions indicated above, the Client shall issue a written notice to
the Consultant which confirms the Effective Date and instructs the Consultant to deliver an
advance payment security and an invoice for advance payment to the Client.
The Consultant shall submit the required advance payment security and the invoice for the
advance payment, pursuant to Clause GCC 6.5(a), with in fourteen (14) days or within such
other period specified in the SCC following the receipt of the notice specified in this Clause
GCC 2.1.
2.2. Termination of Contract for Failure to become Effective
Unless otherwise specified in the SCC, if this Contract has not become effective within four
(4) months after the date of the Contract signed by the Parties, the Consultant or the Client
may, by not less than twenty one (21) days written notice to the other Party, declare this
Contract to be null and void, and in the event of such a declaration by either Party, neither
Party shall have any claim against the other Party with respect hereto.
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2.3. Commencement of Services
2.3.1. The Consultant shall begin carrying out the Services not later than fourteen (14) days
from the effective date.
2.3.2. Availability of key Experts
The Consultant shall be required to ensure substantial mobilization of Key Experts and staffs
as required within 45 days from the effective date.
2.4. Expiration of Contract
Subject to Clause GCC 2.7 and unless terminated earlier pursuant to Clause GCC 2.9, this
Contract shall expire at the end of such time period, as specified in the SCC, after the
commencement of the Services specified in Clause GCC 2.3.
2.5. Entire Agreement
This Contract contains all covenants, stipulations and provisions agreed by the Parties. No
agent or representative of either Party has Client to make, and the Parties shall not be bound
by or be liable for, any statement, representation, promise or agreement not set forth herein.
2.6. Modifications
(a) Modifications or Variations
Modification of the terms and conditions of this Contract, including any modification of the
scope of the Services, may only be made by written agreement between the Parties and may
require the consent of funding agency, if applicable. However, any change which does not
constitute an important modification of the contract and which does not affect the contract
price approved by funding agency, if applicable, shall not require a new consent of Bank for
effectuation. Pursuant to Clause 7.2 hereof, however, each Party shall give due consideration
to any proposal for modification made by the other Party.
2.7. Force Majeure
2.7.1. Definition
(a) For the purposes of this Contract ,―Force Majeure‖ means an event which is beyond the
reasonable control of a Party, is not foreseeable, is unavoidable, and which makes a Party‘s
performance of its obligations here under impossible or so impractical as reasonably to be
considered impossible in the circumstances, and subject to those requirements ,includes,
but is not limited to, war, riots, terrorism ,civil disorder, earthquake, fire, explosion, storm,
flood or other adverse weather conditions ,strikes, lockouts or other industrial action,
confiscation or any other action by Government agencies.
(b) Force Majeure shall not include (i) any event which is caused by the negligence or
intentional action of a Party or such Party‘s Experts, Sub-consultants or agents or
employees, nor (ii) any event which a diligent Party could reasonably have been expected
both to take into account at the time of the conclusion of this Contract, and avoid or
overcome in the carrying out of its obligations hereunder.
(c) Force Majeure shall not include insufficiency of funds or failure to make any payment
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required hereunder.
2.7.2. No Breach of Contract
The failure of a Party to fulfill any of its obligations here under shall not be considered to be
a breach of, or default under, this Contract in so far as such in ability arises from an event of
Force Majeure, provided that the Party affected by such an event has taken all reasonable
precautions, due care and reasonable alternative measures, all with the objective of carrying
out the terms and conditions of this Contract.
2.7.3. Measures to be Taken
(a) A Party affected by an event of Force Majeure shall continue to perform its obligations
under the Contract as far as is reasonably practical, and shall take all reasonable measures
to minimize the consequences of any event of Force Majeure.
(b) A Party affected by an event of Force Majeure shall notify the other Party of such event as
soon as possible, and in any case not later than fourteen (14) days following the occurrence
of such event, providing evidence of the nature and cause of such event, and shall similarly
give written notice of the restoration 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 the time during which such Party was unable to
perform such action as a result of Force Majeure.
(d) During the period of their inability to perform the Services as a result of an event of Force
Majeure, the Consultant, upon instructions by the Client, shall either:
(i) Demobilize, in which case the Consultant shall be reimbursed for additional costs they
reasonably and necessarily incurred, and, if required by the Client, in reactivating the
Services; or
(ii) Continue the Services to the extent reasonably possible, in which case the Consultant
shall continue to be paid under the terms of this Contract and be reimbursed for
additional costs reasonably and necessarily incurred.
(e) In the case of disagreement between the Parties as to the existence or extent of Force
Majeure, the matter shall be settled according to Clause GCC 8.
2.8. Suspension
The Client may, by written notice of suspension to the Consultant, suspend all payments to the
Consultants hereunder if the Consultants fail to perform any of their obligations under this
Contract, including the carrying out of the Services, provided that such notice of suspension (i)
shall specify the nature of the failure, and (ii) shall request the Consultants to remedy such
failure within a period not exceeding thirty (30) days after receipt by the Consultants of such
notice of suspension. Such suspension may be revoked on proof of remedial action by the
consultant to the satisfaction of the Client.
2.9. Termination
This Contract may be terminated by either Party as per provisions set up below:
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2.9.1. By the Client
The Client may terminate this Contract in case of the occurrence of any of the events
specified in paragraphs (a) through (l) of this Clause GCC 2.9.1.
(a) In such an occurrence the Client shall give at least twenty-eight (28) days written notice
of termination to the Consultant in case of the events referred to in (a) through (e); and at
least fifty-six (56)days written notice in case of the event referred to in (f):
(b) If Consultant fails to remedy a failure in performance of its obligations here under, as
specified in a notice of suspension pursuant to Clause GCC 2.8;
(c) If the Consultant becomes (or, if the Consultant consists of more than one entity, if any of its
members becomes) insolvent or bankrupt or enter into any agreements with their creditors
for relief of debt or take advantage of any law for the benefit of debtors or go into
liquidation or receivership whether compulsory or voluntary;
(d) If the Consultant fails to comply with any final decision reached as a result of arbitration
proceedings pursuant to Clause GCC 8;
(e) If, as the result of Force Majeure, the Consultant is unable to perform a material portion
of the Services for a period of not less than fifty six (56) days;
(f) If the Consultant fails to confirm availability of Key Experts as required in Clause GCC
2.3.2;
(g) If the Client, in its sole discretion and for any reason whatsoever, decides to terminate this
Contract.
(h) If the Client determines that the Consultant has engaged in corrupt, fraudulent, collusive,
coercive or obstructive practices, in competing for or in executing the Contract, then the
Client may, after giving fourteen (14) days written notice to the Consultant, terminate this
Contract.
(i) If the Consultant, submit to the client a statement which has a material effect on the
rights, obligations or interests of the client and which the Consultant know to be false
(j) If, the Consultant unilaterally abandons work on the contract or does not perform any
work or does not render any services for a period of 30 days
(k) If the Consultant suppresses or gives wrong information while submitting the bid,
(l) In case of failure to commence the services within the time specified in Clause 2.3
hereof.
2.9.2. By the Consultant
The Consultant may terminate this Contract, by not less than twenty-eight (28) days
written notice to the Client, in case of the occurrence of any of the events specified in
paragraphs (a) & (b) of this Clause GCC 2.9.2.
(a) If, as the result of Force Majeure, the Consultant is unable to perform a material portion
of the Services for a period of not less than fifty six (56) days.
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(b) If the Client fails to comply with any final decision reached as a result of arbitration
pursuant to Clause GCC 8.
2.9.3. Cessation of Rights and Obligations
Upon termination of this Contract pursuant to Clauses GCC 2.2 or GCC 2.9, or upon
expiration of this Contract pursuant to Clause GCC 2.4, all rights and obligations of the
Parties hereunder shall cease, except (i) such rights and obligations as may have accrued
on the date of termination or expiration, (ii) the obligation of confidentiality set forth in
Clause GCC 3.3, (iii) the Consultant‘s obligation to permit inspection, copying and
auditing of their accounts and records set forth in Clause GCC 3.6, and (iv) any right
which a Party may have under the Applicable Law.
2.9.4. Cessation of Services
Upon termination of this Contract by notice of either Party to the other pursuant to
Clauses GCC 2.9.1 or GCC 2.9.2, the Consultant shall, immediately upon dispatch or
receipt of such notice, take all necessary steps to bring the Services to a close in a prompt
and orderly manner and shall make every reasonable effort to keep expenses for this
purpose to a minimum. With respect to equipment, vehicles and materials provided by
the Client, the Consultant shall proceed as provided by Clause GCC 3.10.
2.9.5. Payment upon Termination
Upon termination of this Contract pursuant to Clauses GCC 2.9.1 or GCC 2.9.2, the
Client shall make Remuneration pursuant to Clause GCC 6.2 for Services satisfactorily
performed prior to the effective date of termination.
2.9.6. Dispute Settlement
Under event of Termination, if either Party disputes whether an event specified in
paragraphs (a) through (e) of Clause GCC 2.9.1or in Clause GCC 2.9.2 has occurred, such
Party may, within forty-two (42) days after receipt of notice of termination from the
other Party, refer the matter for dispute settlement in accordance with the procedures
stated in Clause GCC 8, and this Contract shall not be terminated on account of such
event unless otherwise settled in accordance with GCC 8.
2.9.7. Forfeiture of the performance security:
Forfeiture of Performance security amount in the event of termination shall be done as
specified in SCC.
3. Obligations of the Consultant
3.1. General
3.1.1. Standard of Performance
(a) The Consultant shall perform the Services and carry out the Services 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
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methods. The Consultant shall always act, in respect of any matter relating to this
Contract or to the Services, as faithful adviser to the Client, and shall at all times support
and safeguard the Client‘s legitimate interests in any dealings with the third parties.
(b) The Consultant shall employ and provide such qualified and experienced Experts as
required to carry out the Services.
(c) The Consultant may sub contract part of the Services to an extent and with such Key
Experts as may be approved in advance by the Client. Notwithstanding such approval,
the Consultant shall retain full responsibility for the Services.
(d) Key experts, Non key experts and support group mentioned in the RFP are indicative in
nature. If during project implementation, client or consultant finds appropriate to engage
other experts or staff, it could be engaged in consultation with the consultant and
approval of the client. The rate of remuneration payable to such new additional
Key/Non-Key Experts/ Support staff shall be based on the rates for other position which
require similar qualifications and experience with mutual consent.
3.1.2. Law Applicable to Services
The Consultant shall perform the Services in accordance with the Contract and the
Applicable Laws in India and Madhya Pradesh and shall take all practicable steps to
ensure that all of its Experts, comply with the Applicable Laws. As per requirement,
Client may inform the Consultant of relevant local customs, and the Consultant shall,
respect such customs.
3.2. Conflict of Interest
The Consultant shall hold the Client‘s interests paramount, without any consideration for
future work, and strictly avoid conflict with other assignments or their own corporate
interests.
3.2.1. Consultant Not to Benefit from Commissions, Discounts, etc.
(a) The payment to the Consultant pursuant to Clause GCC 6 shall constitute the
Consultant‘s only payment in connection with this Contract and, subject to Clause GCC
3.2.1, the Consultant shall not accept for its own benefit any trade commission, discount
or similar payment in connection with activities pursuant to this Contract or in the
discharge of its obligations here under, and the Consultant shall use its best efforts to
ensure that any Experts and agents of either of them, similarly shall not receive any such
additional payment.
(b) Furthermore, if the Consultant, as part of the Services, has the responsibility of advising
the Client on the procurement of goods, works or services, the Consultant shall comply
with the Applicable Guidelines of client/ funding agency, as amended from time to time
and shall at all times exercise such responsibility in the best interest of the Client. Any
discounts or commissions obtained by the Consultant in the exercise of such procurement
responsibility shall be for the account of the Client.
3.2.2. Consultant and Affiliates Not to Engage in Certain Activities
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The Consultant agrees that, during the term of this Contract and after its termination, the
Consultant and any entity affiliated with the Consultant and any entity affiliated with
consultant, shall be disqualified from providing goods, works or services or non-
consulting services resulting from or directly related to the Services for the preparation or
implementation of the Project, unless otherwise indicated in the SCC. In the case of the
consultant or any entity affiliated with the consultant, is already part of providing any
services for the project for the client, the consultant shall ensure that the proof checking
for these works shall be carried out by the independent third party as decided by the
client and the costs for the same will be borne by the consultant.
3.2.3. Prohibition of Conflicting Activities
The Consultant shall not engage, and shall cause its Experts not to engage, either directly
or indirectly, in any business or professional activities that would conflict with the
activities assigned to them under this Contract; after the termination of this contract such
other activities as may be specified in the SCC.
3.2.4. Strict Duty to Disclose Conflicting Activities
The Consultant has an obligation and shall ensure that its Experts shall have an obligation
to disclose any situation of actual or potential conflict that impacts their capacity to serve
the best interest of their Client, or that may reasonably be perceived as having this effect.
Failure to disclose said situations may lead to the termination of its Contract.
3.2.5. For a period of one year after the expiration of this Contract, the Consultants shall not
engage, and shall cause their Personnel and their Personnel not to engage, in the activity
of a purchaser (directly or indirectly) of the assets on which they advised the Clients
under this Contract nor in the activity of an adviser (directly or indirectly) of potential
purchasers of such assets. The Consultants also agree that their affiliates shall be
disqualified for the same period of time from engaging in the said activities
3.3. Confidentiality
Except with the prior written consent of the Client, the Consultant and the Experts shall
not at any time communicate to any person orentity any confidential information acquired
in the course of the Services, nor shall the Consultant and the Experts make public the
recommendations formulated in the course of, or as a result of, the Services.
3.4. Liability of the Consultant
(a) The Consultant shall be responsible for, and shall indemnify the Client, in respect of loss
of or damage to equipment and materials furnished by the Client, or purchased by the
Consultant in whole or in part with funds provided by the Client.
(b) The Consultant undertakes full responsibility in respect of life, health, and accidents for
the Experts and for the dependents of any such Expert.
(c) The Consultant shall indemnify the Client from and against any and all claims, liabilities,
obligations, losses, damages, penalties, actions, judgment, suits, proceedings, demands,
costs, expenses and disbursements of any nature that may be imposed on, incurred by
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or asserted against the Client during or in connection in the Services by reason of:
(i) Infringement or alleged infringement by the Consultant of any patent or other
protected right; or
(ii) Plagiarism or alleged plagiarism by the Consultant.
(d) The Consultant shall ensure that all goods and services (including without limitation
all computer hardware, software and systems) procured by the Consultant out of funds
provided or reimbursed by the Client or used by the Consultant in the carrying out of the
Services do not violate or in fringe any industrial property or intellectual property right or
claim of any Third Party.
(e) The Consultant shall indemnify, protect and defend at their own expense the Client, and
its agents and employees from and against any and all actions, claims, losses or damages
arising out of Consultant‘s failure to exercise the skill and care required under Clause
GCC 3.1.1 provided, however:
(i) that the Consultant is notified of such actions, claims, losses or damages not later than
twelve (12) months after conclusion of the Services, unless a different period of time is
otherwise specified in the SCC;
(ii) that the ceiling on Consultant‘s liability shall be limited to the amount indicated in the
SCC, except that such ceiling shall not apply to actions, claims, losses or damages caused
by Consultant‘s gross negligence or reckless conduct;
(iii) that Consultant‘s liability under Clause GCC 3.1.1 shall be limited to actions, claims,
losses or damages directly caused by such failure to exercise the said skill and care, and
shall not include liability for any actions, claims, losses or damages arising out of
occurrences incidental or indirectly consequential to such failure.
(f) Upon request of the Client, the Consultant shall, at its own cost and expense, re-perform
the Services in the event of Consultant‘s failure to exercise the skill and care required
under Clause GCC 3.1.1.
(g) In the event of any defect coming to the notice of client during the liability period and in
the eventuality of the consultant failing to get it rectified, the client will forfeit the
amount of performance security as specified in SCC.
3.5. Insurance to be Taken Out by the Consultant
The Consultant(i) shall take out and maintain, and shall cause any consultants to take out
and maintain, at its own cost but on terms and conditions approved by the Client,
insurance against the risks, and for the coverage specified in the SCC, and (ii) at the
Client‘s request, shall provide evidence to the Client showing that such insurance has
been taken out and maintained and that the current premiums therefore have been paid.
The Consultant shall ensure that such insuranceis in place prior to commencing the
Services as stated in GCC 2.3.
3.6. Accounting, Inspection and Auditing
The Consultant(i) shall keep accurate and systematic accounts and records in respect of
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the Services here under, in accordance with internationally accepted accounting
principles and in such form and detail as will clearly identify all relevant time changes
and costs, and the bases there of, and(ii) shall periodically permit the Client or its
designated representative, and up to five years from the expiration or termination of this
Contract, to inspect the same and make copies thereof as well as to have them audited by
auditors appointed by the Client, if so required by the Client as the case may be.
3.7. Consultant's Actions requiring Clients’ prior Approval
The Consultant shall obtain the Client‘s prior approval in writing before appointing such
members of the Personnel as are listed in Appendix C ("Consultants' Key Personnel");
3.8. Reporting
3.8.1 Reporting Obligations
The Consultant shall submit to the Client the reports and documents specified in Appendix
B, in the form, in the numbers and within the time periods set forth in the said Appendix.
3.8.2 Serious Hindrances
The Consultant shall report to the Client promptly the occurrence of any event or
condition which might delay or prevent completion of any significant part of the Project
in accordance with the schedules and to indicate what steps shall be taken to meet the
situation. When the Client receives such a report from the Consultant, the Client shall
immediately forward a copy of it to funding agency if any, together with its comments.
3.9. Documents prepared by the Consultant to be the Property of the Client
All plans, drawings, specifications, designs, reports and other documents prepared by the
Consultants in performing the Services shall become and remain the property of the
Client, and the Consultants shall, not later than upon determination or expiration of this
Contract, deliver all such documents to the Client, together with a detailed inventory
thereof. The Consultants may retain a copy of such documents. The future use of these
documents by the Client shall be specified in the SCC.
3.10. Equipment, Vehicles and Materials Furnished by the Client
Equipment, vehicles & materials if made available to Consultant by the Client, or
purchased by the Consultant wholly or partly with funds provided by the Client, shall be
the property of the Client and shall be marked accordingly. Upon termination or
expiration of this Contract, the Consultant shall make available to the Client an inventory
of such equipment, vehicles and materials and shall dispose of such equipment, vehicles
and materials in accordance with the Client‘s instructions.
3.11. Equipment and Materials Provided by the Consultant
Any equipment or materials brought by the Consultant or its Experts, which is not charged
to the client, and used either for the Project or personal use shall remain the property of the
Consultant or the Experts concerned, as applicable.
4. Consultants’ Experts
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4.1. Description of Experts
(a) The title, agreed job description, minimum qualification and time-input estimates to carry
out the Services of each of Consultant‘s Experts are described in Appendix C.
(b) With the prior approval of the Client, the Consultant may make adjustment in the periods
of time indicated in Appendix C, as may be appropriate to ensure the efficient
performance of the Services and provided that such adjustments will not cause payments
made under the Contract to exceed the maximum amount payable as specified in Clause
GCC 6.
4.2. Replacement of Key Experts
Except as the Client may otherwise agree in writing, no changes shall be made in the
Key Experts. Notwithstanding the above, the substitution of Key Experts during Contract
execution may be considered only based on the Consultant‘s written request and due to
circumstances outside the reasonable control of the Consultant, including but not limited
to death or medical incapacity. In such case, the Consultant shall forthwith provide as a
replacement, a person of equivalent or better qualifications and experience, and at the
same rate of remuneration subjected to clause 9 of SCC.
4.3. Approval of Additional Key Expert
If during execution of the Contract, additional Key Experts are required to carry out the
Services, the Consultant shall submit to the Client for review and approval a copy of
their Curricula Vitae (CVs). If the Client approves in writing, such CVs, such additional
Key Experts will be engaged by the consultant. The rate of remuneration payable to such
new additional Key Experts shall be based on the rates for other Key Experts position
which require similar qualifications and experience with mutual consent.
4.4. Removal of Experts
If the Client finds that any of the Experts has committed serious misconduct or has been
charged with having committed a criminal action, or shall the Client determine that
Consultant‘s Experts have engaged in corrupt, fraudulent, collusive, coercive or
obstructive practice while performing the Services, the Consultant shall, at the Client‘s
written request, provide a replacement.
4.5. In the event that any of Experts is found by the Client to be incompetent or in capable in
discharging assigned duties, as per the direction of the client the consultant will provide
equal or better replacement.
4.6. Replacement/ Removal of Experts – Impact on Payments
(i) The Consultant shall bear all additional travel and other costs arising out of or
incidental to any removal and/or replacement, and
(ii) The remuneration to be paid for any of the Experts provided as a replacement shall
not exceed the remuneration which would have been payable to the Experts replaced or
removed.
(iii) Penalty for replacement of Key personnel shall be as specified in the SCC.
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4.7. Stationing of project director: - The general consultant shall ensure that at all time
during the consultant‘s performance of the services in India, the project director shall be
stationed and available at project site.
4.8. Working Hours, Overtime, Leave, etc.
(a) Working hours and holidays for Experts are set forth in Appendix C. To account for
travel time to/from India, Experts carrying out Services inside India, shall be deemed to
have commenced or finished work in respect of the Services such number of days before
their arrival in, or after their departure from India.
(b) The Experts shall not been titled to be paid for over time nor to take paid sick leave or
vacation leave except as specified in Appendix C, and the Consultant‘s remuneration
shall be deemed to cover these items.
(c) Taking of leaves by Key Experts shall be subject to the prior approval by the Client on
recommendation of the consultant and consultant shall ensure that absence for leave
purposes will not delay the progress and/or impact adequate supervision of the Services.
5. Obligations of the Client
5.1. Assistance and Exemptions
Unless otherwise specified in the SCC, the Client shall use its best efforts to:
(a) Assist the Consultant with obtaining work permits and such other documents as shall be
necessary to enable the Consultant to perform the Services.
(b) Assist the Consultant with promptly obtaining, for the foreign Experts and, if
appropriate, their eligible dependents, all necessary entry and exit visas, residence
permits, exchange permits and any other documents required for their stay in India while
carrying out the Services under the Contract.
(c) Facilitate prompt clearance through customs of any property required for the Services
and of the personal effects of the Experts and their eligible dependents.
(d) Issue to officials, agents and representatives of the Government all such instructions and
information as may be necessary or appropriate for the prompt and effective
implementation of the Services.
(e) Assist the Consultant and the Experts employed by the Consultant for the Services with
obtaining exemption from any requirement to register or obtain any permit to practice
their profession or to establish themselves either individually or as a corporate entity in
India according to the applicable law of India and Madhya Pradesh.
(f) Assist the Consultant and the Experts or either of them with obtaining the privilege,
pursuant to the applicable law of India and Madhya Pradesh, of bringing into India,
reasonable amounts of foreign currency for the purposes of the Services or for the
personal use of the Experts and of withdrawing any such amounts as may be earned
therein by the Experts in the execution of the Services.
(g) Provide to the Consultant any such other assistance as maybe specified in the SCC.
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5.2. Access to Project Site
The Client warrants that the Consultant shall have, free of charge, unimpeded access to
the Project site in respect of which access is required for the performance of the Services.
5.3. Change in the Applicable Law Related to Taxes and Duties
If, after the date of this Contract, there is any change in the Applicable Law in India and
Madhya Pradesh with respect to indirect taxes and duties which increases or decreases
the cost incurred by the Consultant in performing the Services, then the remuneration
otherwise payable to the Consultant under this Contract shall be increased or decreased
accordingly by agreement between the consultant and the client hereto, and
corresponding adjustments shall be made to the ceiling amounts specified in Clause GCC
6.1.
5.4. Services, Facilities and Property of the Client
(a) The Client shall make available to the Consultant and the Experts an office space, data or
other facilities as specified in the SCC, for the purposes of the Services and free of any
charge, the services, facilities and property described in Appendix F at the times and in
the manner specified in said Appendix F.
(b) In case that such services, facilities and property is not made available to the Consultant
as in Appendix F, the client will agree on(i) any time extension that it may be appropriate
to grant to the Consultant for the performance of the Services, (ii)the manner in which the
Consultant shall procure any such services, facilities and property from other sources.
6. Payment Obligation
Inconsideration of the Services performed by the Consultant under this Contract, the
Client shall make such payments to the Consultant and in such manner as provided
below;
6.1. Cost Estimates; Ceiling Amount
An estimate of the cost of the Services is set forth in Appendix D (Remuneration)
(a) Payments under this Contract shall not exceed the ceilings in local currency specified in
the SCC.
(b) For any payments in excess of the ceilings specified in GCC 6.2(a), an amendment to the
Contract shall be signed by the client and the consultant referring to the provision of this
Contract that evokes such amendment.
6.2. Remuneration
(a) The Client shall pay to the Consultant, remuneration that shall be determined on the basis
of time actually spent by each Expert in the performance of the Services after the date of
commencing the Services or such other date as both shall agree in writing. All payments
shall be at the rates set forth in Appendix D.
(b) The remuneration rates shall be adjusted in accordance with the adjustment formula
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specified in the SCC for the duration of the Contract.
(c) The remuneration rates shall cover such salaries and allowances as the Client shall have
agreed to pay to the Consultant.
(d) Experts as well as factors for social charges and overheads (bonuses or other means of
profit-sharing shall not be allowed as an element of overheads) and the cost of
backstopping by Back office staff not included in the Experts‘ list in Appendix C, the
Consultant‘s fee.
(e) Any rates specified for Experts not yet appointed shall be provisional and shall be subject
to revision, with the written approval of the Client, once the applicable remuneration
rates and allowances are known.
6.3. Taxes and Duties
(a) The Consultant and Experts are responsible for meeting any and all tax liabilities arising
out of the Contract except as otherwise provided in the SCC.
(b) If so specified in the SCC, all local identifiable indirect taxes applicable to the
Consultant are to be paid by the Client to the Consultant.
6.4. Currency of Payment
Any payment under this Contract shall be made in Indian National Rupees as specified in
the SCC.
6.5. Mode of Billing and Payment
Billings and payments in respect of the Services shall be made as follows:
(a) Within twenty eight (28) days after the receipt to the advance payment security and the
invoice for advance payment, the Client will pay to the Consultant an advance payment,
as an interest-free loan for mobilization and cash flow support, as specified in the SCC.
The advance payment security shall be in the amount (or amounts) and in Indian National
Rupees of the advance payment specified in the SCC. Such security (i) is to remain
effective until the advance payment has been fully setoff, and (ii) is to be in the form set
forth in Appendix G, or in such other form as the Client shall have approved in writing.
The advance payments will be set off by the Client in equal installments against the
statements for the number of months of the Contract period unless specified in the SCC.
(b) As soon as practicable and not later than fourteen (14) days after the end of each calendar
month during the period of the Services, or after the end of each time intervals otherwise
indicated in the SCC, the Consultant shall submit to the Client, induplicate, itemized
invoices, accompanied by the receipts or other appropriate supporting documents, of the
amounts payable pursuant to Clauses GCC 6.5 for such interval, or any other period
indicated in the SCC. Separate invoices shall be submitted for expenses incurred in local
currency. Each invoice shall show remuneration separately.
(c) The Client will pay the Consultant‘s invoices within Forty Five (45) days after the receipt
by the Client of such itemized invoices with supporting documents. Only such portion of
an invoice that is not satisfactorily supported may be withheld from payment. Should any
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discrepancy be found to exist between actual payment and costs authorized to be incurred
by the Consultant, the Client may add or subtract the difference from any subsequent
payments.
(d) The final payment under this Clause 6.5 (d) shall be made only after the final, completion
report and a final invoice, identified as such, shall have been submitted by the Consultant
and approved as satisfactory by the Client. The Services shall be deemed completed and
finally accepted by the Client and the final report and final invoice shall be deemed
approved by the Client as satisfactory Ninety (90) days after receipt of the final report and
final invoice by the Client unless the Client, within such Ninety (90)day period, gives
written notice to the Consultant specifying in detail deficiencies in the Services, the final
report or final invoice. The Consultant shall there upon promptly make any necessary
corrections, and thereafter the foregoing process shall be repeated. Any amount that the
Client has paid or caused to be paid in accordance with this Clause GCC 6 in excess of the
amounts actually payable in accordance with the provisions of this Contract shall be
reimbursed by the Consultant to the Client within Thirty (30) days after receipt by the
Consultant of notice thereof. Any such claim by the Client for reimbursement must be
made within fourteen (14) calendar months after receipt by the Client of a final report and
a final invoice approved by the Client in accordance with the above.
(e) All payments under this Contract shall be made to the account of the Consultant specified
in the SCC.
(f) Payments in respect of remuneration, which exceed the cost estimates for these items as
set forth in Appendices D.
(g) With the exception of the final payment under (d) above, payments do not constitute
acceptance of the Services nor relieve the Consultant of any obligations hereunder.
(h) ―Consolidated Billing/Invoice will be submitted monthly to the client along with sub
invoices as per work executed during whole month with the deliverables/outputs and
after verification of the same by the client, payments will be made to consultant.‖
6.6. Project Cost Variation Clause:-
―Up to +/-15% variation in the project cost will be permissible during the project execution
as per requirement of the project. Activities related to fulfilment of project requirement
shall be complied by the consultant as per the directions of the client.
The variation as per above shall be applicable to the extended duration of consultancy
services where such extension has been granted as per the Conditions of the RFP‖
7. Fairness and Good Faith
7.1. Good Faith
The Parties undertake to act in good faith with respect to each other‘s rights under this
Contract and to adopt all reasonable measures to ensure the realization of the objectives
of this Contract.
7.2. Fairness in Operation of the Contract
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The Contract shall operate fairly between Parties, and without detriment to the interest of
either of them, and that, if during the term of this Contract either Party believes that this
Contract is operating unfairly, the Parties will use their best efforts to agree on such
action as may be necessary to remove the cause or causes of such unfairness, but no
failure to agree on any action pursuant to this Clause shall give rise to a dispute subject
to arbitration in accordance with Clause 8 hereof.
8. Settlement of Disputes
8.1. Amicable Settlement
The Parties shall seek to resolve any dispute amicably by mutual consultation. If either
Party objects to any action or inaction of the other Party, the objecting Party may file a
written Notice of Dispute to the other Party providing in detail the basis of the dispute.
The Party receiving the Notice of Dispute will consider it and respond in writing within
fourteen (14) days after receipt. If that Party fails to respond within fourteen (14) days, or
the dispute cannot be amicably settled within Thirty (30) days following the response of
that Party, Clause GCC 8.2 shall apply.
8.2. Dispute Resolution
Any dispute between the Parties as to matters arising pursuant to this Contract that
cannot be settled amicably according to Clause GCC 8.1 shall be resolved as per
provision of arbitration and conciliation act 1996.
9. Penalty Clause:
9.1. In case any error or variation is detected in the reports submitted by the Consultant and
such error or variation is the result of negligence or lack of due diligence on the part of
the consultant, the consequential damages thereof shall be quantified by the client in a
reasonable manner and recovered from the Consultant by way of penalty.
9.2. In case of delay in submission of each deliverables beyond two weeks from the due date
of submission of deliverable, penalty not exceeding an amount to 0.01% (Zero point zero
one percent) of the agreement value will be imposed and for further delay of every week
or part of it additional penalty of 0.05% of the agreement value subjected to maximum
penalty of 1% on each deliverables further subjected to overall maximum penalty of 5%
of the agreement value shall be imposed and recovered by the appropriation from the
Performance Security or otherwise.‖
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SECTION 7 (PART-III): CONTRACT CONDITIONS- SCC
PROPOSAL DOCUMENT
FOR
SELECTION OF GENERAL CONSULTANT
FOR
METRO RAIL PROJECTS AT BHOPAL AND INDORE
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Part III.
Special Conditions of Contract
Sr.
No
No. of GCC
clause
Amendments of, and Supplements to, Clauses in the General
Conditions of Contract
1 1.4 The Contract shall be executed in : English
2 1.6 The addresses are:
Client:
Managing Director
Madhya Pradesh Metro Rail Co Ltd
Palika Bhawan, Shivaji Nagar, Bhopal – 462016
Tel.: 0755-2552730, Fax: 0755-2552730
Email: [email protected]
Website: www.mpmetrorail.com
Consultant:
Attention:
Facsimile:
E-mail:
3 1.8 The Lead Member is [insert name of member]
Note: If the Consultant consists of a Joint Venture/consortium the name of
the entity whose address is specified in Clause SCC 2 above should be
inserted here. If the Consultant consists only of sole entity, this Clause SCC
3 is not applicable.
4 1.9 The Authorized Representatives are:
For the Client:
For the Consultant:
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5 2.4 and 2.3.1 The time period shall be forty eight (48) months for implementation and 12
months for DLP. Target date of completion of majority of services provided
by the Consultant (GC) is Revenue Operation Date (ROD) of last section of
the Project, which is targeted to be within four years of commencement of
services of GC. However, it is expected to continue services of selected key
resources during for another one year of ROD of last section to attend to the
defect liability/obligations, ensure training, capacity development and
smooth operations of the system, as per requirement of the Client.
6 2.9.7 and
3.4(g)
(a) The performance security will be 5% of the Contract amount from an
Indian Scheduled Bank in form set forth in Appendix J (in the Indian
National Rupees) shall be paid by the consultant. Immediately, but in
any case not later than 14 (Fourteen) days from the date of issuance of
Letter of Acceptance.
(b) The performance security shall be valid for one year beyond the certified
date of commissioning of entire Project.
(c) The Client reserves the right to forfeit the performance security amount,
in breach of any liability of the Consultant, or in the event of termination
of the Contract in accordance with Clause 2.9 of GCC including all its
sub-clauses but excluding Clause 2.9.1(e).
(d) In the event of any defect coming to the notice of the Client/Consultant
during the liability period in terms of Clause 3.4 of GCC, and in the
eventuality of the Consultant failing to get it rectified, the Client will
forfeit the amount of the performance security, provided that the defect
that is the cause of the forfeiture of the performance bond/security bead
effect that is due to the actions or omissions of the Consultant in
accordance with the Consultant's scope of works and as finally and
conclusively decided by the Client.
7 3.5 The risks and the coverage shall be as follows:
(a) Other liability and Third Party motor vehicle liability insurance in
respect of motor vehicles operated in India by the Consultant or its
Experts or any Sub-consultants or their Experts, with a minimum
coverage of in accordance with the applicable law in India and
Madhya Pradesh.
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(b) employer‘s liability and workers compensation insurance in respect
of the Experts of the Consultant and of any Sub-consultants, in
accordance with the relevant provisions of the Applicable Law, as
well as ,with respect to such Experts, any such life, health, accident,
travel or other insurance as may be appropriate; and
(c) Insurance against loss of or damage to (i) equipment purchased in
whole or in part with funds provided under this Contract, and (ii)
the Consultant‘s property used in the performance of the Services.
(d) ―Project specific Professional Liability Insurance (PLI) policy
with a minimum coverage equal to remuneration estimated,
global cover with specific mention of coverage of value,
applicability and counterpart insurance for GC contract of
MPMRCL will be acceptable. Validity of PLI shall be up to 3
years beyond effective date of completion. In case GC
contract is extended, the insurance coverage shall also be
extended for a period of 3 years beyond actual date of
completion.‖
8 3.9 The Client is entitled to use the documents prepared by the Consultant under
this Contract for other projects, without prior written permission of the
Consultant.
9 4.6 Replacement of key experts (whose CV is to be evaluated at proposal stage)
will generally not be entertained. If the key/non-key personnel are replaced by
the consultant, for the reasons other than death, remuneration of key/Non key
personnel will be reduced by 5 % for each replacement. However in case of
replacement of key persons happens more than 10% or Non-key experts
happens more than 20% every year, there will be additional penalty of 20% of
replaced man months payable to GC. In any case replacement should not take
more than 15 (Fifteen) days otherwise additional penalty of 1% of replaced
man months will be imposed for each week.
It is further clarified that if for betterment of the project as per direction of
the Client, Person(s) is replaced with equal or better qualified and
experienced experts by the consultant then in that case replacement will not
be covered under the limit of 10% and 20% replacement respectively
mentioned above for Key experts and Non-key experts every year i.e. that
replacement will be over and above the above mentioned limits and no
penalty will be imposed on that replacement.
10 5.1(g) Presently there is no proposal to provide Counterpart Personnel by the
Client. However during the currency of the Contract the Client reserves the
rights to depute few Counterpart Personnel with due notice and mutual
consent.
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11 6.1 The ceiling in local currency is: INR
Any local indirect taxes chargeable in respect of this Contract for the
Services provided by the Consultant are included in the ceiling amount of
this Contract.
12 6.2 Adjustment of remuneration
The staff month rate (payable in Indian Rupees) shall be calculated annually
w.e.f. the date of signing of contract as per formula given below: The
adjustments will be made in 12 month intervals only.
X1 = XC1/C
X = Basic rates of remuneration, quoted in the offer.
X1 = Escalated rates of remuneration for the period under consideration.
C = All-India Average Consumer Price Index Numbers for Workers, for
the month and year of signing of the contract, published by Government
of India.
C1 = Arithmetic average of the All-India Average Consumer Price Index
Numbers for Workers, published by Government of India for the period
for which adjustment is to be worked out.
13 6.3 The Client warrants that:
The Client shall pay;
Indirect taxes applicable in India and Madhya Pradesh to the
Consultant and the Experts only. Service tax will be paid as
applicable.
14 6.4 The currencies of payment shall be in Indian National Rupees
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15 6.5(a) The amount of the advance payment is:
Not more than the amount equivalent to 5% of the Contract amount in
Indian National Rupees.
The advance payment security of 110% shall be submitted in the amount
and in the currency of the advance payment in the form of bank guarantee.
The advance payments shall be paid in two equal installments. Consultant
shall provide utilization certificate for the advance paid. Subsequent
installments shall be released after submission of satisfactory utilization
certificate for the earlier installment.
The advance payment will be set off by the Client in equal installments
against the invoices for the first 15 months of the Services commencing in
the 4th month until the advance payment has been fully set off.
16 6.5(e) Bank account of the consultant: ________________________
[Payments will be made in INR only]
17 6.5 Notwithstanding anything contrary contained in GCC, no financial charges
on delayed payment shall be made, however the Client will make all out
efforts to make payments to the Consultant terms of the Contract.
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SECTION 7 (PART-IV): APPENDICES
PROPOSAL DOCUMENT
FOR
SELECTION OF GENERAL CONSULTANT
FOR
METRO RAIL PROJECTS AT BHOPAL AND INDORE
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Part IV. Appendices
Appendix A – Description of Services
Note: This Appendix will include the final Terms of Reference worked out by the Client and the
Consultant during the negotiations, dates for completion of various tasks, place of performance
for different tasks, specific tasks to be approved by Client, etc.
Appendix B* – Reporting Requirements
Note: List format, frequency and contents of reports; persons to receive them; dates of
submission; etc. If no reports are to be submitted, state here “Not applicable.” Indicative
Appendix B is enclosed as below
Reports and Documents
Sl.
No.
Description Number of Volumes Number of copies
per Volume
1 Inception Report
2 Monthly Report
3 Tender Evaluation Reports
4 Quarterly Reports
5 Annual Reports
6 Supervision Reports
7 Engineering Reports
8 O & M Manuals
9 Draft Completion Report
10 Final Report
*Final Reporting requirements (reports and documents) will be finalized after negotiation
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Appendix C – Expert Schedule
Note: Insert a table based on Form TECH-7, 8 & 9 of the Consultant’s Technical Proposal and
finalize at the Contract’s negotiations. Attach the CVs demonstrating the qualifications of Key
Experts (Form TECH-6 of the Consultant’s Technical Proposal) updated and signed by the
respective Key Experts.
Appendix D – Remuneration Cost Estimates
Note: Insert Form FIN-3 of the Consultant’s Financial Proposal and finalize at the contract
negotiations.
Appendix E – Summary of Cost Estimates
Note: Insert Form FIN-2 of the Consultant’s Financial Proposal and finalize at the contract
negotiations.
Appendix F – Services, Facilities and Property to be provided by the Client – Client will provide
office space with security and housekeeping facilities both at Head Office and in cities and data as per
availability.
Note: See Clause GCC 5.3. List the services, facilities, property.
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Appendix G – Form of Advance Payment Security
Note: See Clause GCC 6.5 (a) and Clause SCC. The Client should insert here an acceptable form
of an advance payment security. An example is set forth below.
Appendix G – Form of Advance Payment Security
Bank Guarantee for Advance Payment
___________________[Bank‘s Name and Address of Issuing Branch or Office]
Beneficiary: _______________________________ [Name and Address of Client]
Date: __________________________________
ADVANCE PAYMENT GUARANTEE No.: _________________
We have been informed that [name of Consulting Firm or name of the Joint Venture/Consortium,
same as appears in the signed Contract] (hereinafter called ―the Consultants‖) has entered into
Contract No. [Reference number of the contract] dated [date] with you, for the provision of [brief
description of Services] (hereinafter called ―the Contract‖).
Furthermore, we understand that, according to the conditions of the Contract, an advance payment
in the sum of [amount in figures] ([amount in words]) is to be made against an advance payment
guarantee.
At the request of the Consultants, we [name of Bank] hereby irrevocably undertake to pay you any
sum or sums not exceeding in total an amount of [amount in figures] ([amount in words]) 1 upon
receipt by us of your first demand in writing accompanied by a written statement stating that the
Consultants are in breach of their obligation under the Contract because the Consultants have used
the advance payment for purposes other than toward providing the Services under the Contract.
It is a condition for any claim and payment under this guarantee to be made that the advance
payment referred to above must have been received by the Consultants on their account number
_________________ at [name and address of Bank].
The maximum amount of this guarantee shall be progressively reduced by the amount of the
advance payment repaid by the Consultants as indicated in copies of your certified statements to
such effect which shall be presented to us by the Consultants. This guarantee shall expire, at the
latest, upon our receipt of the certified payment certificate issued by you indicating that the
Consultants have made full repayment of the amount of the advance payment, or on the ___ day of
[month] [year] 2 whichever is earlier. Consequently, any demand for payment under this guarantee
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must be received by us at this office on or before that date.
_____________________________
[signature(s)]
Note:
All italicized text is to assist in preparing this form and shall be deleted from the final product.
1 The Guarantor shall insert an amount representing the amount of the advance payment and
denominated in Indian National Rupees or as specified in the Contract.
2 Client would need to request an extension of this guarantee from the Guarantor. Such request
must be in writing and must be made prior to the expiration date established in the guarantee.
In preparing this guarantee, the Client might consider adding the following text to the form,
at the end of the penultimate paragraph: ―The Guarantor agrees to extension of this
guarantee for a period, in response to the Client‘s written request for such extension, such
request to be presented to the Guarantor before the expiry of the guarantee.‖
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Appendix H – Acknowledgment of Compliance with Guidelines for the
Employment of Consultants under Bilateral/Multilateral Loan
Note: Form TECH10 in Section 4 is used for this Appendix.
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Appendix I – Form of Performance Security
Note: See Clause GCC 3.4 and Clause SCC. The Client should insert here an acceptable form
of performance security. An example is set forth below.
Appendix I – Form of Performance Security
Bank Guarantee for Performance Security
(To be stamped in accordance with the Stamp Act of the Country of Issuing Bank)
To:
The Managing Director
Madhya Pradesh Metro Rail Co Ltd
Palika Bhawan
Shivaji Nagar, Bhopal, Pin – 462016
Madhya Pradesh, INDIA
(MPMRCL/ the Client)
WHEREAS __________ (Name and address of the Consultant) (hereinafter called ―the
Consultant‖ or ―the GC‖) has undertaken, in pursuance of Contract No:
__________________ dated ________ to execute and complete the General Consultancy of
MP Metro Rail Project for Bhopal and Indore. (Hereinafter called ―the Contract‖).
AND WHEREAS it has been stipulated by the Client in the said Contract that the GC shall
furnish the Client with a Bank Guarantee from an Indian Scheduled Bank (excluding
Cooperative Banks) as defined in Section 2(e) of RBI Act 1934 read with Second Schedule
for the sum specified herein as security its due and faithful performance of its obligations in
accordance with the Contract.
AND WHEREAS we ________ [Insert name and address of Bank] having registered office at
_____ and having the branch at _________________________(herein after referred to as the
―Bank‖), which expression shall unless repugnant to the context of the meaning thereof,
include its successors, administrators, executors and assigns do hereby agree to give the
Consultant such a Bank Guarantee.
NOW THEREFORE
We hereby affirm that we are the Guarantor and responsible to the Client, on behalf of the GC
up to a total of _______ (amount of Guarantee in respective currencies) ________ (in words),
such sum being payable in Indian National Rupees in which the Contract Price is payable
and we hereby unconditionally, irrevocably and without demur undertake to immediately pay
the Client, upon its first written demand and without cavil or argument any sum or sums
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within the limits of ______ (amount of guarantee in respective currencies) as aforesaid
without the Client needing to prove or to show grounds or reasons for its demand for the sum
specified therein.
1 The Client shall have full rights whatsoever to en cash this Bank Guarantee at any time
during the validity of the guarantee and the GC shall have no right or claim whatsoever in
the matter of encashment of the Bank Guarantee amount by the Client and any disputes /
claim whatsoever in this regard shall only be settled by means of arbitration as provided
for in the Contract and the Client‘s decision as to what amount is due to the Client from
the Bank against the guarantee and as to the GC has committed breach of contract or not,
shall be final and binding on the guarantor-Bank and the GC shall have no right to
interfere with the same and the Bank shall have full rights in terms of the guarantee to
make immediate payments against the Bank Guarantee to the Client without the consent
of the GC and without referring the matter to the GC.
2 The Bank further agrees that the Client shall be the sole judge as to whether the GC is in
default in due and faithful performance of its obligations during the Contract Period
under the Contract and its decision that the GC is in default shall be final, and binding on
the Bank, notwithstanding any differences between the Client and the GC, or any dispute
between them pending before any court, tribunal, arbitrators or any other Client or body,
or by the discharge of the GC for any reason whatsoever
3 In order to give effect to this Guarantee, the Client shall be entitled to act as if the Bank
were the principal debtor and any change in the constitution of the GC and/or the Bank,
whether by way their absorption with any other body or corporation or otherwise, shall
not in any way or manner affect the liability or obligation of the Bank under this
Guarantee.
4 It shall not be necessary, and the Bank hereby waives any necessity, for the Client to
proceed against the GC before presenting to the Bank its demand under this Guarantee.
5 The Client shall have the liberty, without affecting in any manner the liability of the Bank
under this Guarantee, to vary at any time, the terms and conditions of the Contract or to
extend the time or period for the compliance with, fulfillment and/or performance of all
or any of the obligations of the GC contained in the Contract or to postpone for any time,
and from time to time, any of the rights and powers exercisable by the Client against the
GC and either to enforce or forbear from enforcing any of the terms and conditions
contained in the Contract and/or the securities available to the Client, and the Bank shall
not be released from its liability and obligations under these presents by any exercise by
the Client of the liberty with reference to matters aforesaid or by reason of time being
given to the GC or any other forbearance, indulgence, act or omission on the part of the
Client or of any other matter or thing whatsoever which under any law relating to the
sureties and guarantors would but for this provision have the effect of releasing the Bank
from its liability and obligations under this Guarantee and the Bank hereby waives all of
its rights under any such law.
6 This Guarantee is in addition to and not in substitution of any other guarantee or security
now or which may hereafter be held by the Client in respect of or relating to the Contract
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or for the fulfillment, compliance and/or performance of all or any of the obligations of
the GC under the Contract.
7 Courts at Bhopal, Madhya Pradesh, India shall have exclusive jurisdiction for contesting
legal cases arising out of encashment of the Guarantee.
8 This Guarantee shall be valid for one (1) years beyond the certified date of
commissioning of entire Project. More specifically, this performance Guarantee shall
cease to be in force and effect after the end of one (1) years from certified date of
commissioning of entire Project. The pendency of any dispute or arbitration or other
proceedings shall not affect this Guarantee in any manner.
9 The Bank undertakes not to revoke this Guarantee during its currency, except with the
previous express consent of the Client in writing and declares and warrants that it has the
power to issue this Guarantee and the undersigned has full powers to do so on behalf of
the Bank.
10 Any notice by way of request, demand or otherwise hereunder may be sent by post
addressed to the Bank or hand delivered at its above referred branch or at the branch of
the Bank available at Bhopal and as such notified in the Guarantee form by the issuing
Bank, which shall be deemed to have been duly authorized to receive such notice and to
effect payment thereof forthwith, and if sent by post it shall be deemed to have been
given at the time when it ought to have been delivered in due course of post and in
proving such notice, when given by post, it shall be sufficient to prove that the envelope
containing the notice was posted and a certificate signed by an officer of the Client that
the envelope was so posted shall be conclusive.
The guarantee is issued by Mr./Ms ____________ who is/are authorized by the Bank.
SIGNATURE AND SEAL OF THE GUARANTOR
----------------------------------------------------------------
NAME OF BANK -----------------------------------------
ADDRESS --------------------------------------------------
DATE -------------------------------------------------------
NOTE: The stamp papers of appropriate value shall be purchased in the name of the Bank,
who issue the ‗Bank Guarantee‘
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SECTION 8: ELIGIBLE SOURCE COUNTRIES OF MULTILATERAL/BILATERAL
LOANS
PROPOSAL DOCUMENT
FOR
SELECTION OF GENERAL CONSULTANT
FOR
METRO RAIL PROJECTS AT BHOPAL AND INDORE
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SECTION 8: Eligible Source Countries for Multilateral/Bilateral Loans
“At present there is no restriction on the Eligible Source Countries and restrictive
allocation of participating members for any particular country and hence all members
from all countries are eligible to apply unless the same is debarred as per specific terms of
Loan Agreement to be signed between Multilateral/Bilateral/other funding agencies and
MPMRCL/ GoMP/ GoI‖
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SECTION 9: LIST OF DEVELOPING COUNTRIES
PROPOSAL DOCUMENT
FOR
SELECTION OF GENERAL CONSULTANT
FOR
METRO RAIL PROJECTS AT BHOPAL AND INDORE
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SECTION 9: List of Developing Countries
“As notified by World Bank (IMF) as on due date of submission of proposal‖