delhi metro rail corporation ltd.the tender document may be purchased on payment of non-refundable...

TENDER FOR OPERATIONS OF BAGGAGE HANDLING SYSTEM AT DELHI METRO AIRPORT EXPRESS LINE

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TENDER DOCUMENT COST Rs.5,250/- [Rs.5,000/- + 250/- (5% DVAT)]

DELHI METRO RAIL CORPORATION LTD.

(A Joint venture of Govt. of India and Govt. of Delhi)

TENDER DOCUMENT FOR

DELHI METRO RAIL CORPORATION LTD. Metro Bhawan, Fire Brigade Lane, Barakhambha Road, New Delhi-110001

"Operation of Baggage Handling System (BHS) equipment at stations of Delhi Metro Airport Express Line [New Delhi, Shivaji Stadium, Airport (Including BHS

SCADA & Tunnel BHS at Airport) metro stations] and BHS Equipment installed in metro trains of Delhi Metro Airport Express Line (DMAEL)."


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DISCLAIMER 1. The Tender Document contains brief information on the selection process and

describes the Scope of Work, Eligibility Criteria, Selection Procedure, Necessary Instructions, Terms and Conditions and other associated / related Document(s) / Annexure(s). The Tender Document may be purchased on payment of non-refundable fee of Rs.5,250/- in the form of Bank Draft / Bankers Cheque in favour of DMRC Ltd., payable at New Delhi, from the following address: -

O/o the Deputy General Manager/Operations/IV First Floor, DO Building, Room No 206, Train Depot, Shastri Park, East Approach Road, New Delhi-110053.

between 0900 hrs and 1730 hrs on all working days from 28.11.2014 to 18.12.2014 only.

2. The Tender Document is uploaded on www.delhimetrorail.com and the same may

be downloaded and used for submission. However, at the time of submission, bidder is required to enclose a Bank Draft / Bankers Cheque of Rs.5,250/-, towards the cost of Tender Document, in addition to Earnest Money Deposit of Rs.1,55,000/- (Rupees One Lakh Fifty Five Thousand Only) in the form of Bank Draft/Bankers Cheque (as Tender Security) both in favour of DMRC Ltd. payable at New Delhi.

3. Bidders are advised to remain vigilant and monitor the website

www.delhimetrorail.com for all updates on the Tender Document such as Addendum(s), Reply to Query, Postponement of any schedule etc. No claims or compensation will be entertained on account of the Bidder having not read / noticed the updates.

http://www.delhimetrorail.com/


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DELHI METRO RAIL CORPORATION LTD.

Tender Document No.DMRC/Operations/BHS Operations/2015

Name and Address of the Agency to whom issued:

Date of Issue:

Issued by:

(Name, Designation and Signature): With Stamp


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NOTICE INVITING TENDER OPERATION OF BAGGAGE HANDLING SYSTEM (BHS) AT DELHI METRO AIRPORT EXPRESS LINE

1.0 Delhi Metro Rail Corporation (DMRC) Ltd. invite tenders in Two Packet System,

from reputed agencies by themselves or as Joint Venture / Consortium / Partnership for the work of "Operation of Baggage Handling System (BHS) equipment at stations of Delhi Metro Airport Express Line Metro Stations [New Delhi, Shivaji Stadium, Airport (Including BHS SCADA & Tunnel BHS at Airport) metro stations] and

BHS Equipment installed in metro trains of Delhi Metro Airport Express Line (DMAEL)."

2.0 The schedule of the tender process is as under: - Tender Security (EMD) : Rs.1,55,000/- (Rupees One Lakh Fifty Five Thousand Only) Cost of Tender Document : Rs.5,250/- (5,000+250 [5% DVAT]) (non-refundable)

Period of Work : 2 (Two) Years [May be extended by 1 (One)

year further after performance review] Sale of Tender Document : 28.11.2014 to 18.12.2014 (on all working days between 0900 hrs & 1730 hrs) Last Date of Receipt of Queries from prospective Applicants : 05.12.2014 up to 1700 hrs. Pre-Bid Meeting : 09.12.2014 at 1500 hrs

O/o the DGM/Operations/IV First Floor, DO Building. Room No.206, Train Depot, Shastri Park, East Approach Road, New Delhi-110053.

Date of Uploading Reply to Queries on www.delhimetrorail.com : 12.12.2014 Date/Time of Tender Submission : 19.12.2014 between 1000 hrs & 1400 hrs Date/Time of Tender Opening : 1430 hrs. on 19.12.2014 [Technical Bid Only] 3.0 The Tender Document (non-transferable) may be obtained from the office of

Deputy General Manager/Operations/IV, First Floor, DO Building, Room No.206, Train Depot, Shastri Park, East Approach Road, New Delhi-110053. Payment of Tender Document Cost of Rs.5,250/- shall be accepted only by Bank Draft/Bankers Cheque drawn in favour of DMRC Ltd. payable at New Delhi.

http://www.delhimetrorail.com/


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4.0 Tender Document may be downloaded from DMRC‟s website www.delhimetrorail.com and the same may be submitted along with tender document cost of Rs. 5250/- (non-refundable) vide Bank Draft / Bankers Cheque. Downloaded Tender Document submitted without Tender Document cost vide Bank Draft / Bankers Cheque as mentioned above will be outrightly rejected.

5.0 Tender may be submitted on the prescribed Date/Time in the Tender Box kept for the purpose at the following address: -

O/o the Deputy General Manager/Operations/IV First Floor, DO Building. Room No 206, Train Depot, Shastri Park. East Approach Road New Delhi-110053.


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GENERAL GUIDELINES 1.0 This Tender Document does not purport to contain all the information that each

bidder may require. Bidders are requested to conduct their own investigation / analysis and to check the accuracy, reliability & completeness of the information in this Tender Document before participating in the tender process. DMRC Ltd. makes no representation or warranty and shall incur no liability under any law, statute, rules & regulations in this regard. Information provided in this Tender Document is only to the best of the knowledge of DMRC Ltd.

2.0 Bidders should read carefully the contents of this document and to provide the

required information. Each page of the Tender Document (including General Conditions of Contract), Addendum (if any), Reply to Query (if any) and other submissions, along with submission of the tender, should be Numbered, Signed & Stamped, as a token of acceptance of terms and conditions of the tender. Any unsigned and unstamped document will not be considered for evaluation. Signature is required to be done by the bidder itself / authorized signatory of the Bidder for which a valid Power of Attorney shall be enclosed. All documents shall be submitted in English Language.

3.0 Each Tenderer shall submit only one tender for either by himself, or as a partner in

a joint venture, or as a consortium. If a Tenderer submits, or if any one of the partners in a joint venture, or any one of the members of the consortium participates in more than one tender then all such tenders in which the bidder has participated will be considered invalid.

4.0 Bidders should provide all the required technical and associated information and

attach supporting documents as earmarked / mentioned duly signed by the bidder / authorized signatory of the bidder and attested by the certified auditors wherever asked.

5.0 For any query from the bidder, DMRC reserves the right not to offer clarifications on

any issue raised in a query. No extension of any deadline will be granted if DMRC does not respond to any query or does not provide any clarification.

6.0 Bidders may clearly note the date and time of submission of Tender. Late or

delayed Tenders will not be accepted. Bidders are reminded that no supplementary material will be entertained by DMRC and Technical Evaluation will be carried out only on the basis of submissions received by DMRC by the date / time of the tender submission. However DMRC may ask for any supplementary information, if required.

7.0 Technical Evaluation will help to assess whether the bidder possesses the

earmarked technical / financial capabilities. Bidders will not be considered if they have a poor performance record such as abandoning works, not following statutory requirements, financial failure etc. DMRC reserves the right to approach previous clients of the Bidders to verify / ascertain Bidder‟s performance.

8.0 Tenderers are hereby cautioned that tenders containing any deviation from Bill of

Quantities (BOQ) shall be considered as non-responsive bid and is liable to be rejected.

9.0 Bidders should note that DMRC will not discuss any aspect of the evaluation

process. Bidders will deem to have understood and agreed that no explanation or


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justification of any aspect of the selection process will be given by DMRC & that DMRC's decisions are without any right of appeal / litigation whatsoever. Applicants may note that the selection process will entirely be at the discretion of DMRC.

10.0 Bidders will not be considered if they make any false or misleading representations

in statements / attachments. If any submission is found false or misleading, even at later stage i.e. after completion of the tender process then also DMRC may annul the award, forfeit EMD (if any held with DMRC) and Performance Security (if any available). Further the bidder may be blacklisted for participation in any future tender(s) of DMRC.

11.0 DMRC will display the name of the successful bidder on DMRC‟s website for

information of all concerned. Bidders are requested to remain in touch with DMRC‟s Website www.delhimetrorail.com for any kind of latest Information, Addendum, etc.


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INSTRUCTIONS TO BIDDERS 1.0 Tender Document 1.1 The Tender Document is to select contractor for operations of Baggage Handling

System (BHS) at Delhi Metro Airport Express Line. Necessary details of required services are there in the Scope of Work at 2.0 below.

1.2 The Tender Document duly encompasses the Scope of Work, Eligibility Criteria, Selection Procedure, Necessary Instructions, Terms and Conditions and other associated / related Document(s) / Annexure(s).

2.0 Scope of Work 2.1 Objective:

This document is intended to give a basic understanding of the Delhi Metro Airport Express Line‟s Baggage Handling System (BHS) and the modalities involved in the operation of the same. The purpose is to make prospective operators understand the same so as to provide an insight into BHS Operation. As stated, this document is for basic understanding and cannot be claimed to be complete and detailed.

2.2 System Description:

Delhi Metro Airport Express Line, comprises of a 22.694 km long standard gauge high speed rail corridor. Two of the city stations, i.e. New Delhi (NDRU) and Shivaji Stadium (SJSU) Station are equipped with baggage check in facilities while the Airport (APOT) Station is equipped with baggage unloading and transfer facilities and is connected to Delhi International Airport Ltd. T3 terminal‟s IGI Airport Baggage Make Up Area of its Baggage Handling System. Three other stations on the Delhi Metro Airport Express Line, i.e. Dhaula Kuan (DKV), Delhi Aero City (DACY) and Dwarka Sector - 21 (DSTO) have no Baggage Handling System. Via check-in facility, checked in Bags are brought to a container at the loading station where Checked In

New Delhi Shivaji Stadium Dhaula Kuan Delhi Aerocity Airport Dwarka Sector-21

( Not OPerational at Present) DSTO


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Bags are loaded into containers that will in turn be transported towards the designated compartment of the train. All 8 trains have one train compartment that is partially equipped with container handling facilities. Each of these cars can transport up to 7 containers at any one time from the check-in stations to the airport station. All luggage and container movements are controlled by a supervisory control system with minimal operator intervention. Connections to a higher level IT control system provide operations with necessary performance data and as such the higher level IT system has been provided to provide baggage re-conciliation and container control between the stations. City Check In Baggage will move from the city check-in facilities metro stations to the Airport metro Station and not vice versa. Overall baggage transfer time from check-in point to the BHS Tunnel entry point at the airport station shall not exceed 39 minutes.

2.3 Working of the system: The operator shall be operating the DMAEL Baggage Handling System installed at the three stations i.e. New Delhi, Shivaji Stadium & Airport and the baggage handling system installed within the BHS Tunnel connecting Airport metro station to DIAL T3, IGI Airport Baggage Make up Area of DIAL BHS and also BHS equipments installed in all 08 trains. The BHS operation time will be 24 hours a day and 7 days in a week. The contract period shall be initially for a period of 02 years and may be extended for another one year on performance review and at the discretion of DMRC. The Operator should provide accurate and timely operation of various BHS equipments installed at different locations of Delhi Metro Airport Express Line as mentioned below.

BHS_New Delhi Asset Summary Sheet

Sl. No. Equipment Name Quantity

1 Weighing & Labeling Conveyor 10

2 Dispatch Conveyor 10

3 Take away Conveyor 2

4 Power turn(90deg) 2


6 Straight Conveyor 3

7 Incline Conveyor(Straight Conveyor) 1

8 Collector Conveyor 1

9 Gravity conveyor 1

10 Fire Shutter Door(2 Wide + 1 Small) 3

11 Control panel 9

12 Remote Box 5

13 Roller conveyor 39

14 Right Angle Deck-Roller Drive 10

15 Fast Action Door 4

16 Hoist (Lifting Capacity 1650 Kg + Capacity 1650 Kg) 8

17 Roller Conveyor Inside Hoist 4

18 Fallback Lifting Unit 2

19 Fallback Roller Conveyor 2


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20 Power Distribution Panel 1

21 Hand-Held Bar code scanner (Make: Symbol) 4

22 Shuttle Vehicle-Roller Deck Drive 4

23 Loading Vehicle-Roller Drive 4

24 Fixed Bar code scanner (Make: Microscan) 4

25 Client PC -1 Cabinet + Panel PC + UPS+E1 Switch 1

26 Client PC -1 Cabinet + Panel PC + UPS 1

27 Single Roller Spacer Decks 4

28 Maintenance Platform for Hoist 1

29 Walk Over/RAM protection. 1

30 FIXING MATERIALS INCLUDING BOLTS,NUTS, 1 Set

31 Motors 11

32 Anti vibration Pad 1 lot

33 Spares 4

34 BAR CODE POSITIONING SYSTEM(BPS) - TRAIN 2

BHS_Shivaji Stadium Asset Summary Sheet


1 Weighing & Labelling Conveyor 9

2 Dispatch Conveyor 9

3 Take away Conveyor 1



6 Incline Conveyor(Straight Conveyor) 1

7 Collector Conveyor(Straight Conveyor) 1

8 Gravity conveyor 1

9 Fire Shutter Door (2 Wide + 1 Small) 3

10 Control panel 9

11 Remote Box 5






17 Fallback Lifting Unit 2

18 Fallback Roller Conveyor 2




22 Loading Vehicle-Roller Drive (2 long + 2 Short) 4



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26 Single Roller Spacer Decks 2

28 Maintenance Platform for Hoist 1

29 Walk Over/RAM protection. 1

30 FIXING MATERIALS INCLUDING BOLTS,NUTS, 1

31 Container 100

31 SPARE PARTS INCLUDING MOTORS, 10

32 Motors 6


BHS_Airport Asset Summary Sheet





4 Control panel 10



7 Fire Shutter Door ( 2 Wide + 2 Narrows) 4





12 Turn Table 2



15 Loading Vehicle-Roller Drive 4




19 SINGLE ROLLER SPACER DECKS 4

20 Maintenance platform for Hoist 1

21 Walk over/RAM protection 1

22 Motors 4

23 FIXING MATERIALS INCLUDING BOLTS,NUTS, 1


BHS_TRAIN Asset Summary Sheet.



2 Chain Conveyor including Pneumatics 40


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3 Main Control Panel 8

4 Remote Box 40

5 HAND RAILS AND STOPPER GATES. 8 Sets

6 TRAIN CABLE 4C(S) X 0.75MM2

7 TRAIN CABLE 7C(S) X 2.5MM2

8 TRAIN CABLE 1C X 6MM2

9 TRAIN CABLE PROFIBUS

10 TRAIN SENSOR DIFFUSED SENSOR WITH CONNEC 144

11 LIMIT SWITCH 176

12 TRAINS SIMATIC- PLC,VFD AND WLAN EQUIPMENT 8

BHS Server Room Asset Summary Sheet (Airport)

Sl. No. Equipment name Qty.

1 Server Rack 1

2 Oracle Server 2

3 Scada Server 2

4 24-Port Switch 2

5 UPS switch 1

6 UPS 2

7 Monitor-15" 2

8 Engineering Station (Desktop) 2

9 Printer 2

10 E1 Switch 2

BHS Tunnel Asset Summary Sheet (Airport)

Sl. No. Equipment name Qty.

1 Fire Shutter Door 2

2 BF-Belt Floorveyor 35

3 BC-Power Curve/Belt Curve(90 DEG) 5



6 Main control panel-1 1

7 Remote control panel-1 1

8 Remote control panel-2 1

9 Baggage Lift 1

10 ATR-Automatic Tag Reader 1

11 VCC-Vertical Conveyor 1

Total 51


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Some of the major activities involved in the BHS operation are described below:

I. Stuffing/De-stuffing: Stuffing/de-stuffing of the bags into/out of containers after scanning the containers ID & bags ID with bar code readers. This involves operation of stuffing control panel, manual entry and deletion into bar code readers as well.

II. Collection of Tubs: Collection/Retrieval of tubs from IGI Airport Terminal - T3 (DIAL-T3) BMA (Baggage Make Up Area) to Airport Concourse BHA (Baggage Handling Area) is required to be carried out by BHS operation staffs for next day BHS commercial operation without fail.

III. Loading/unloading of containers into train: Full & empty containers need to be loaded and unloaded into/from the train after getting signals from station management system (SMS). This task involves operation of the control panel, and operation of the human machine interface (HMI) as per requirement, including manual intervention, if required.

IV. Operation of BHS SCADA: Monitoring and control of the entire BHS System in automatic as well as manual mode of operation.

V. Operation during abnormal/fall-back situation: Manual monitoring, manual intervention, and handling of the BHS to take immediate action in the event of situations like bag jamming, hoist failure, container misalignment, mechanical & electrical failures, failures inside the train BHS, etc.

VI. Tunnel BHS Failure: A fall-back expandable roller conveyor of minimum length of 11 meter to maximum length of 25 meter is provided to handle belt conveyor failures inside the 710 meter tunnel. In the event of failure in any part of the tunnel, the operator needs to take care of the failure situation by deploying suitable manpower to operate the fall-back conveyor and restore the operation.

VII. Co-ordination with maintenance team & immediate corrective action: The operator should work in close coordination with the maintenance team. On occurrence of the failure, immediate corrective action shall be taken by the operator as per the operation guidelines to be provided and in consultation with the maintenance team to restore the system. All failures shall be promptly communicated to the maintenance team with all relevant details for them to take corrective action.

VIII. Records & Reporting: All necessary operational records such as operational log book, staff and labour records; break-down records, etc shall be maintained as per the Rules/Instructions. All system generated reports (BTS) to be managed and reported as per the operational instruction issued for the purpose. In the case of bag loss/damage, the operator shall trace the bag and assist the concerned agencies in resolving the matter.

IX. Fitness Test: Fitness test using one container each from New Delhi Station and Shivaji Stadium Station shall be part of operation procedure at start of commercial operation on a daily basis and it will be witnessed by maintenance staff present after white period maintenance of the concerned station. Fitness test of trains to be carried out by Maintenance team on trains at Depot and Trains before BHS Commercial operation starts for the day. BHS Station fitness before start of commercial operation to be demonstrated by Maintenance team and handed over to Operation team for commercial operation.


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2.4 Manpower Requirement: It is a manpower supply contract as per requirement of Delhi Metro Airport Express Line BHS Operation. Number of manpower deployed, round the clock, by Operator is 26 nos as per table given below. However, manpower supply may be increased or decreased as per BHS operation requirement by DMRC and the same will be informed to BHS Contractor by a day‟s notice.

Minimum Number of manpower required

SI No

Manpower (Category of Manpower)

Minimum Qualification New Delhi

Shivaji Stadium

Airport (APOT)

1 BHS Manager Engineering Graduate (Mechanical/Electrical/Electronics)

with relevant experience

01

2 BHS Supervisor

Diploma Engineer (Mechanical / Electrical/Electronics) with

relevant experience

02

Presently Check-in facility is

not provided

02

3 BHS Operator (Skilled)

ITI (Electrician/Fitter/Electronics) with relevant experience

05 05

4 BHS Loader (Semi-Skilled)

Matriculate with relevant experience

02 03

5 BHS Tunnel Loader (Semi-

Skilled)


0 06

All the manpower required shall be dedicated to the contract only and shall not be shared for any other activity other than BHS Operation for DMAEL. For all the three stations including the BHS tunnel, one BHS Operation Manager is required to be deployed in general shift only. The operator shall make his own shift arrangements, working hours, management of leave and absenteeism, relievers for staff etc in line with the applicable laws and regulations of all concerned authorities. The shift timing of all concerned staff should be aligned suitably to ensure normal BHS operation and to avoid disruption to train services.

At present, there is no BHS operation carried out at Shivaji Stadium station.

2.5 Roles, Responsibility & Qualification of BHS Operation staff: 2.5.1 BHS Operation Manager:

I. He will look after the entire operation work of BHS and ensure smooth and uninterrupted running of the system installed at the stations, tunnel and metro trains.

II. He shall work mainly in the general shift and shall be responsible for the overall management and smooth operation of BHS services at all the three locations. BHS Supervisors will directly report to him.

III. He will be having a degree in engineering (Mechanical/ Electrical/Electronics) with managerial experience of handling similar operations for at least 5 Years.

IV. The BHS Manager shall have the overall responsibility of the operation of the BHS System to consistently deliver high-quality operation services.

V. Provide technical direction for the operation of the systems & easily recognize system deficiencies and implement effective solutions.

VI. Coordinate between all the stations including non-baggage handling stations as appropriate & resolve all day to day operation issues on a timely manner to achieve the performance targets.


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VII. Identify resources needed, provide training, assign individual responsibilities, manage shift assignment to resources, monitor & review the performance of the operation team.

VIII. Responsible for creating, modifying and executing additional operation documents as required during operation and revise them as appropriate to meet changing needs and requirements of the operation.

IX. Keep Employer‟s Representative and superiors well informed of status of operation services, prepare and provide operation reports, performance reports, and management reports, and liaise between operation team, Operation Contractor‟s higher management & Employer‟s Representative.

X. Communicate effectively with the Employer‟s Representative to identify needs and evaluate alternative technical solutions. He shall apply significant knowledge of industry trends and developments to improve operation of the BHS System.

XI. Coordinate with other operators and stake holders of the DMAEL system with regard to the BHS Operation and if need arises, escalate appropriate issues to relevant stakeholders in a timely fashion.

XII. Facilitate Employer‟s meetings related to BHS operation effectively, attend and represent baggage handling system, on need basis, in general meetings held by the Employer.

XIII. Make timely & appropriate arrangements to recover the bags from a failed train under emergency situation to deliver them to DIAL within a reasonable time.

2.5.2 BHS Supervisor: I. He shall work as shift in-charge for a particular station and will be responsible for

efficient operation of the BHS. He will look after the complete operation of the baggage handling system in his shift. All the operation/controls of the above system will be performed under his supervision. Necessary technical and supervisory reports and file-keeping will be done by him and will be reported to the BHS Operation Manager.

II. Apart from the supervising activities, he will be responsible for operating the SCADA as well. He will be responsible for viewing and monitoring the operation of all the defined areas of the BHS system through his SCADA screen.

III. He should possess diploma in Engineering (Mechanical/ Electrical/Electronics), having a minimum of 1 year experience of similar operation.

IV. The supervisor shall be responsible for the smooth operation of the BHS System for a particular station and shift, under the overall guidance of the BHS Operation Manager.

V. Under normal as well as abnormal situations, give guidance to operation staff for smooth BHS operation.

VI. In case of unavailability of a train at a particular station for loading/unloading the containers, the supervisor shall call the appropriate person of the Operation Control Centre (OCC) to identify the reason for the train-delay. According to the information received from the OCC, the supervisor shall take necessary action in the BHS Operation for smooth delivery of the bags to DIAL.

VII. In case of a failed train, as informed by OCC, the supervisor shall promptly inform the BHS Operation Manager and seek his guidance to carry out recovery of the bags from the failed train.

VIII. Under the temporary absence of the SCADA operator or BHS operator at a particular time duration in a shift, he should fill the gap for uninterrupted operation of the BHS System.

IX. Record and report to the BHS Operation Manager all operational data and reports as needed during the operation during his shift.

X. Provide prompt response about the BHS System to the customer care department of DMAEL when a manual or electronic query is reported.

XI. Under a failure scenario, promptly report the failure to the concerned maintenance engineer in charge. Subsequently, enter all failure related information in the manual and/or electronic database system.


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2.5.3 SCADA Operator (Currently the duties are taken care by BHS Operator) I. The SCADA operator shall continuously monitor the BHS SCADA system to identify

abnormal conditions, alarms & events. II. Report the failure conditions immediately to the shift BHS supervisor for necessary

corrective action under the scope of the BHS Operation. III. Monitor the travel of baggage and immediately report to the BHS supervisor in case

there is a chance that the baggage will be delayed due to some reason, which also includes unavailability of a train to load/unload the containers.

IV. Use the “Fault Tracking System” to enter failure related information. V. Generate necessary reports from the BHS SCADA system and the BTS system to

support the BHS supervisor for collating various data & reports.

2.5.4 BHS Operator: I. He shall be responsible for operation and control of the train loading and unloading

process of BHS. This will include reading and operation of the platform loading / unloading control panels, positioning of loading vehicle, operating the loading bridge and loading of the container into the train.

II. He will be ITI (Mechanical/ Electrical/Electronics) qualified and having hands on experience of handling conveyor system of BHS/MHS

III. The BHS Operator shall load the full containers into the train and unload the empty containers out of the train by using the local control panels provided at the platform.

IV. Under manual operation, the BHS Operator shall operate the BHS hoists using the control panels provided near the hoists.

V. Under manual operation, the BHS operator shall also operate the control panels available inside the train to load or unload containers into or out of the train.

VI. The BHS Operator shall rectify minor problems in the BHS system without entering into the scope of work of the maintenance contractors.

VII. The BHS Operator shall operate all the electrical panel boards of the BHS System as per the situation such as switching on/off the power distribution board, remote control panels, resetting a fault etc.

VIII. The BHS Operator shall also take care of the issues like bag jamming, motor overload, emergency stop conditions etc.

2.5.5 BHS Loader / Tunnel Loader:

I. They will be responsible for stuffing and de-stuffing operations. II. They will be minimum 10th standard qualified and having healthy physique. III. The BHS loader shall operate the handheld bar code scanners and the stuffing panels to

stuff the bags into the containers or to de-stuff the bags out of the containers. IV. The BHS loader shall also monitor the bag & container movement on the conveyor. If

the need arises, they shall align the bags and/or container for a smooth flow on the conveyor.

2.6 THE BHS CONTRACTOR‟S OBLIGATIONS. I. The Employer hereby engages the Operation Contractor to render and provide the

Services and the Operation Contractor hereby agrees to provide the Services in consideration of the Contract Price and subject to the terms and conditions under this Contract.

II. The Operation Contractor shall in accordance with the terms and conditions of this Contract, perform the Services and its obligations under this Contract in accordance with Good Industry Practice and with the skill, care and diligence to be expected of an appropriately qualified and professional operation contractor experienced in carrying out operation work for a system of a similar type, nature and complexity to the BHS System.


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III. The Operation Contractor undertakes that the BHS System shall meet the Service Performance Targets set out in Schedule-5 “Performance of the Services” and that it shall pay liquidated damages in accordance with the provisions if it fails to meet such targets.

IV. The Operation Contractor shall set up and operate the operation-organisation at Par with ISO 9001.

V. The tools shall be handed over to the contractor as mentioned in Schedule-3 “List of Tools”. The Operation Contractor shall provide any additional materials, plants, equipments, etc., as may be necessary for the performance of the Services after taking confirmation/permission from employer for which the cost shall be reimbursed on actual-basis.

VI. The Operation Contractor shall provide the Employer with plans, programmes and other documents relating to the performance of the Services in accordance with the requirements of Schedule-4 “Management of the Services”. The Operation Contractor shall, in addition, provide the Employer, with a detailed programme of the planned Operation Services that are to be carried out during contract period. The format and the contents of this programme shall be mutually agreed between the Employer and the Operation Contractor. This programme shall be subject to the written approval of the Employer. If the Employer fails to respond to the submitted programme within thirty (30) days from the date of receipt, the Employer shall be deemed to have approved the programme.

VII. The Operation Contractor shall co-ordinate the performance of the Services with the operation and maintenance teams of other parts of the Project, carried out by the Employer or the O&M Contractor or the Designated Contractors, so as to avoid/ minimise disruption to the operation of the Project.

VIII. The Operation Contractor shall maintain a team of appropriately qualified/ skilled, trustworthy and experienced personnel in sufficient numbers and mix of skills to satisfy the requirements under this Contract. The Operation Contractor shall also be required to comply with the physical fitness and other standards laid down by the O&M Contractor/Employer in respect of employment of personnel for providing the Services and if required by the Employer or the O&M Contractor provide evidence of such compliance. Team composition and resume of key personnel of Operation Contractor along with organisation chart shall be attached to the Operation Services Plan. Any key personnel appointed by the Operation Contractor and notified to the Employer in terms of this Clause shall not be removed or substituted without the prior written consent of the Employer.

IX. The Operation Contractor shall keep the Employer informed of and shall offer to the Employer, as soon as they are issued, all substantially revised or improved versions of the operation documents incorporated in the BHS System which correct errors or imperfections in, or add to or enhance the functions of, the BHS System. Consequently, such revision or improvement shall be subject to the requirements of this Contract as though they had originally been incorporated in the definition of the “BHS System” and the Services shall apply equally to all such revised or improved versions of the BHS System or any part or parts of the BHS System as though they had originally been incorporated under the terms of the BHS Contract. The Employer may require the Operation Contractor to upgrade the hardware or software incorporated in the BHS System and the Operation Contractor shall comply with such requirements upon being so notified by the Employer in writing. It is agreed between the Parties that consequent to such up gradation, the Service Performance Targets may be revised. Any expenses incurred by the Operation Contractor in performing such upgrade, revision or improvement shall be compensated as Additional Services. In addition to above, the Employer may also get hardware or software forming part of the BHS System upgraded through either by the BHS Contractor or by any other person. Such upgrades shall thereupon be deemed to be incorporated into the definition of the term “BHS System”. Consequently such revision or improvement shall


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be subject to the requirements of this Contract as though they had originally been incorporated in the definition of the “BHS System” and the Services shall apply equally to all such revised or improved versions of the BHS System or any part or parts of the BHS System as though they had originally been installed under the terms of the BHS Contract.

X. The Operation Contractor shall fully comply with the safety considerations (relating to its personnel, personnel of Designated Contractors, personnel of the Employer and the public) and shall perform the Services so as to minimise the danger of injury to any such person in line with the SHE Conditions and the Rule Book.

XI. The Operation Contractor shall provide continuing support and assistance to the Employer‟s operations personnel both, on-site and off-site as required by the Employer and notified to the Operation Contractor from time to time. This shall include acceptance of instructions from the Employer‟s Representative in the event of Emergency or degraded operating scenarios.

XII. The Operation Contractor shall not be relieved of any of its obligations under this Contract and shall not be entitled to claim any relief from the Employer, including additional payment, on the ground that any defect in the BHS System is the responsibility of the BHS Maintenance Contractor, except when the Operation Contractor reasonably proves that such defect has been caused by any shortcoming of the BHS Contractor. Further, the Operation Contractor shall not be entitled to claim any relief for defects in the works performed under the maintenance contracts for the Project, unless such defects are reasonably proved by the Operation Contractor to be due to any shortcomings of the maintenance contractors.

XIII. The Operation Contractor shall, if so requested in writing by the Employer, provide any Additional Services and shall be paid for such Additional Services as provided in Clause 8 of Schedule-1 “The Operation Services Fee”.

XIV. The Operation Contractor has perused the requirements of the Concession Agreement, related to the BHS System, and is fully aware of the requirements thereof. The Operation Contractor shall so perform the Services so as not to cause or contribute to any breach of the Agreement.

XV. There may be modifications in the manpower requirements as per the requirement and will be deployed with prior approval of DMRC.

XVI. The Operation Contractor shall make alternative arrangements, on best-effort basis, in case of emergencies like train-stalling etc., to transport baggage to the destination. The actual cost incurred in this regard shall be reimbursed by the Employer on furnishing of relevant particulars.

XVII. The Services to be performed by the Operation Contractor shall be co-ordinate with the works or services performed by the Designated Contractors (including the Employer and the O&M Contractor) and such co-ordination is imperative for the successful operations of the Project. The Operation Contractor shall not impede and shall afford all necessary facilities, access and/or services to the Designated Contractors (including their subcontractors), utility undertakings and other relevant authorities who are carrying out any services or works in relation to the Project.

XVIII. The Operation Contractor shall ensure compliance with all Applicable Laws, including laws relating to labour employed by it, during the performance of its obligations under the Contract.

XIX. The operation contractor shall take care of all passes and licenses required for executing the Works, for example BCAS passes. It is agreed that the cost of BCAS passes over and above 4 passes will be reimbursed by DMRC on actual-basis.


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XX. Operation Contractor shall provide the Employer with a manpower plan to facilitate the Employer in determining the Employer's organization. The manpower plan to be submitted by the Operation Contractor shall, inter alia, specify the estimated number of Employer's personnel which shall be required for the operation of the BHS System after the expiry of the Operation Service Period, the skill-set to be possessed by the Employer's personnel and such other details as may be required by the Employer to enable it to carry out operation of the BHS System after the expiry of the Operation Service Period.

XXI. The Operation Contractor acknowledges and agrees that it shall provide all necessary training, technology transfer and technical expertise to the extent reasonably required to enable the Employer‟s/ O&M Contractor‟s personnel to undertake operation of BHS System after the expiry of the Contract. Specifically, the Operation Contractor shall, in a phased manner, associate Employer‟s/ O&M Contractor‟s personnel in carrying out all Operation Services under the supervision of the Operation Contractor such that the personnel get direct on the job training and experience of undertaking operation of the BHS System after the expiry of the Contract. The Operation Contractor agrees that the same shall be provided at no extra cost and nothing in this Clause shall dilute the Operation Contractor‟s obligation to achieve the Service Performance Targets specified under the Contract. Without limiting the generality of the foregoing, the Operation Contractor shall particularly provide the Operation Services specified in Schedule-2 “The Services”.

2.6.1 The Additional Services. Additional Services shall include the following:- I. Providing assistance in connection with the enhancement or extension of the

Project. II. Acting as expert witness in any case or otherwise providing major assistance in

respect of any judicial or administrative processes relating to the Project. III. Providing assistance in connection with any changes to the Project introduced by

the Employer provided that such change was not caused by or contributed to by any failure of the Operation Contractor to comply with its obligations under the Contract.

IV. Carrying out repair of any damage or defects in the BHS System not falling within the Operation Services.

V. Performing preventive maintenance on any part of the BHS System not included in the scope of the Operation Services.

VI. Providing any other advice and assistance.

2.7 Following shall be the objective of the operation team based on which the performance parameters are designed.

2.7.1 Maximum Baggage Handover Time: As per the system design a baggage checked-in at any of the city airport terminals shall be delivered to the DIAL system within 60 minutes (approximately) which includes train travel time i.e.19 Minutes 13 Seconds from New Delhi to Airport Metro Station at 80 KMPH, the BHS Operator shall be given 40 minutes and 47 Seconds to carry out its service. The operator will be responsible to achieve this time except the additional time taken due to any disruption in train services not caused due to malfunctioning or operational problem associated with BHS.

2.7.2 Scheduled Train halt Time:

The BHS Operator shall take all necessary measures not to delay a train beyond the scheduled halt time at any particular baggage handling system. It is preferred to let the train leave the station without loading all the containers as planned rather than to delay the train. However, at Airport Metro station the situation is little bit tricky as the containers


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must be unloaded before the train can leave. The operator shall be flexible enough to carry out any instruction from DMRC representative/OCC related to BHS operation as the situation demands. The total time provided to the Operation Contractor to load/unload the containers at each of the BHS System shall be as below.

New Delhi Station (NDRU) : 120 Seconds Shivaji Stadium Station (SJSU) : 90 Seconds Airport Station (APOT) : 150 Seconds

2.7.3 Zero Pilferage and Missing/Damaged Bags: The BHS Operator shall ensure zero missing and damaged bags and zero pilferage during its handling of the bags.

2.7.4 No Damage to train or other assets: The operator shall ensure that there is no damage caused to the train or any other asset of the DMAEL system.

2.8 Calculation of Liquidated Damages. 2.8.1 Liquidated Damages due to late baggage delivery to DIAL T3.

The LD1 amount will be calculated as below: Rs. One (1) per minute of delay per bag, caused by the Operation Contractor.

2.8.2 Liquidated Damages due to late release of train. The LD2 amount will be calculated as below: Rs. 40,000/- per minute of delay of a train caused by the Operation Contractor.

2.8.3 The cumulative maximum allowable delay for trains is thirty (30) minutes per year, considering all operational trains and relevant stations.

2.8.4 The total number of allowable incidents of delay per annum shall not exceed 100. Any more incidents shall give a right to the Employer to terminate the Contract and also to forfeit the Performance Bank Guarantee.

2.8.5 Also, a missing trip shall give the Employer the right to terminate the Contract and to forfeit the Performance Bank Guarantee.

2.8.6 The loss caused to the Employer for each missing trip, as well as any incidents of delay, shall be recoverable from the Operation Contractor. This shall be limited to the value of the Performance Bank Guarantee during contract period.. Total Liquidated Amount (INR). Total Liquidated Damages = LD1 + LD2.

2.8.7 Maximum LDs in Consecutive Quarters The maximum amount of LDs payable in each quarter shall be five (5) % of the Fee payable to the operation contractor for the contract year in which that quarter falls, but the sum total of all LDs payable in a contract year in any case shall not exceed ten (10) percent of the fee payable in that contract year. In the event in any year the amount of LDs calculated is greater than the maximum amount of the LDs permissible under this section, then the employer reserves the right to terminate the contract. If the operator does not operate for the full quarter due to any reason, the maximum limit will be calculated on a pro-rated basis.

2.9 Service Performance Audit.

I. The Employer shall monitor actual performance against the Service Performance. Targets and shall forward monthly reports to the Operation Contractor. Such monthly reports shall cover the performance of the BHS System during the previous month.


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II. The Employer shall maintain all records relating to performance measurement against Service Performance Index and shall make these available for the Operation Contractor to view on request.

III. The Employer and the Operation Contractor shall each nominate two representatives both of whom shall have the authority to decide on the accuracy of the monthly reports submitted in accordance with this Schedule. If the Operation Contractor disagrees with the record of actual performance or the apportionment of blame on which this record is based, it shall within 7 days of receipt of the report call for a meeting to review the report. The nominated representatives shall make every effort to reach agreement on the record of performance against the Service Performance Targets. In the absence of agreement, the Employer shall decide and give his justification in writing to the Operation Contractor.

2.10 Penalties Other Than Liquidated Damages I. All the penalties or damages that are levied on the Employer due to the inefficient

operation of the BHS System by the Operation Contractor shall be borne by the Operation Contractor.

II. If the Operation Contractor fails to pay these penalties, then the same along with additional fine if any will be recovered from the payment due to the Operation Contractor.

III. Following are some of the probable scenarios that could lead to a penalizing situation. However, it is to be noted that the Operation Contractor shall also consider any additional such scenarios that are identified after the start of operation of the system.

a. Missing / Damaged Bag / Pilferage: Missing or damaged bags & pilferage claims against the Employer shall be borne by the Operation Contractor on actual basis. Any liability on this account shall lie entirely with the Operation Contractor.

b. No damage to the train or any other assets of the Delhi Metro Airport Express Line: The BHS Operation Contractor shall not cause any damage to the train, BHS System and/or any other system of the DMAEL. The BHS Operation Contractor shall bear all such costs where the BHS Operation Contractor is responsible for the damage.

2.11 Major Terms & Conditions: I. All manpower & other resources are to be dedicated to DMAEL BHS operation

and shall not be shared with any other activity. II. DMRC reserves the right to seek recall of any Contractor‟s employee by the

contractor without assigning any reason for the same and the contractor shall have to arrange for necessary replacement.

III. In case of short deployment by more than 10% of the minimum number of manpower as per the contract requirement, a penalty of 125% of the actual cost saved by the operator in doing so may be levied as per the discretion of DMRC.

IV. On specific situations, the employer may instruct the operator to adapt to a different operating procedure/instruction than the standard approach. The same shall be abided by the operator.

V. The operator shall take care of all passes and licenses required for executing the work including BCAS passes.

VI. LDs, penalties & Compensation Owed on Expiry or Termination: Any amount which has not been recovered by the Employer at the date of expiry or termination of this Contract shall be recoverable as a debt owed to the Employer by the Operation Contractor and shall be paid to the Employer forthwith on expiry or termination of the Contract.

VII. The payments shall be made to the BHS Operator on monthly basis through e-payments, by the Employer.


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VIII. The operator shall carry out the work as per the applicable international / local standards including Safety, Health and Environment policies.

IX. If it is impossible for the BHS operator to carry out the work for reasons for which he is responsible DMRC shall be entitled to claim LDs &/or damage recovery subject to the maximum limits as specified in para 2.8.6 & 2.8.7 under 2.8 “Calculation of Liquidated Damages” of 2.0 “Scope of Work”.

X. In the event either party wants to terminate the contract due to whatsoever reason, a minimum 3 month notice period shall be given to the other party.

XI. Whenever a staff/employee of the BHS operator is found in unauthorized possession of materials, articles, goods or assets, such person shall be immediately suspended and replaced by the Operator.

XII. The operator shall indemnify DMRC against any claim on account of injury caused to any person by its personnel/representatives during the course of their performance of duties owing to any reasons.

XIII. The Operator shall return all material assets such as tools, office furniture, computers etc. in good condition to DMRC at the termination or expiry of the contract.

2.12 BHS Stations Overview. CHECK IN COUNTERS AT New Delhi AND Shivaji Stadium.


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Baggage Room

(Baggage Area – New Delhi and Shivaji Stadium)

Stuffing Station 1

Stuffing Station 3

Stuffing Station 2

Stuffing Station 4


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Platform Level New Delhi and Shivaji Stadium

(Container Loading & Unloading at NDRU &SJSU)

Empty Containers

Full Container

.


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Container De-stuffing at AIRPORT Station

De-stuffing Station 2 De-stuffing Station

1 De-stuffing Station 3 De-stuffing Station 4

Train

Inside Train


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BHS TUNNEL AT Airport.


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3.0 Who can Apply

3.1 Bidder may apply themselves or in Partnership/Joint Venture/Consortium. Requirements from consortium are chalked out in Clause 8.0 below.

3.2 Bidder, if being a company, should be registered with the Registrar of Companies, under the Indian Companies Act, 1956.

3.3 Bidder should have a valid registration with EPFO, ESIC and Service Tax department.

4.0 Tender Requirements. 4.1 For the purpose of selection of contractor, the tender document is divided into two

parts viz. the Technical Bid and the Commercial Bid. The requirements for Technical Bid are as under: - 4.1.1 The bidder shall enclose a signed and stamped, lead member in case of

Consortium, copy of the Tender Document (including General Conditions of Contract) and all other associated / required documents duly numbered, signed and stamped. This is in addition to the Tender Document Cost (if applicable) and Tender Security (EMD).

4.1.2 Power of Attorney in the name of Authorized Signatory, in case the documents are signed by the authorized signatory of the bidder.

4.1.3 The bidder shall be required to enclose signed & stamped copy of valid registrations with the following: - i) Registrar of Companies (in case bidder being a company) ii) Employees Provident Fund Organization {along with copy of any latest

month‟s challan and associated ECR (Electronic Challan Cum return) both}

iii) Employee State Insurance Corporation (along with copy of latest challan)

iv) Service Tax Department (along with copy of latest challan) In case of a consortium, the above documents shall be mandatorily submitted for all the constituent members.

4.1.4 Bidder is required to submit „The Initial Filter Criteria‟ on the letter head of its company (each member in case of consortium) along with Annexure „A‟ as per the terms and details hereunder: - i) Bidder shall be required to fill the details as asked in the Initial Filter

Criteria along with Annexure „A‟ on non-judicial stamp paper of Rs.100/- ii) Bidder has to first qualify the Initial Filter Criteria in order to be eligible

for evaluation of their Bid. 4.1.5 Each bidder (each member in the case of a consortium) shall be required to

confirm and declare with the tender submission that no agent, middleman or any intermediary has been, or will be, engaged by them to provide any services, or any other items or works related to the award and performance of the Contract. They will have to further confirm and declare that no agency commission or any payment which may be construed as an agency commission has been, or will be, paid and that the tender price will not include any such amount. The format is given in Annexure-1 of this Tender Document.

4.1.6 The bidder shall be required to enclose Self Attestation, as in Annexure-4, along with the Technical Bid.

4.1.7 The bidder shall be required to enclose the Check List for submission of Ticket Vending Services tender as in Annexure-5 of this Tender Document.

4.1.8 Bidders should enclose relevant Experience / Work Completion Certificates as provided at Annexure-6 of this tender document to establish the experience. In case of a Consortium the evaluation will be carried out on cumulative basis.


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4.1.9 Financial Standing (Annual Average Turnover) and Work Experience shall be required as per the following:- I. Work Experience: - Firms / Contractor should have successfully completed similar nature of work related to BHS (Baggage Handling System) equipment's at Metro stations/Airports or similar installation having complete functionality and automation through SCADA during last seven years ending March 2014 and of value :- a. One work of not less than Rs.1.23 Crores

OR b. Two works of not less Rs.77 Lakhs each

OR c. Three works of not less than Rs.62 Lakhs each

II. Financial standing (Annual Turnover):- Firms / contractors should have average annual turnover of last three-audited financial year for a value not less than Rs.1.23 Crores

Mandatory Requirement for evaluating Financial Standing For the purpose of evaluation the bidder should enclose Audited Balance Sheets of the last three Financial Years i.e. FY 2011-12, 2012-13 & 2013-14. In case of non availability of Audited Balance Sheet for FY 2013-14, Balance of previous three financial years i.e. FY 2010-11, 2011-12 & 2012-13 should be considered for evaluation.

4.2 Bidders should note that the Commercial Bids of only those bidders will be opened who satisfy the requirements mentioned above from 4.1.1 to 4.1.9.

5.0 Tender Clarification Process : Query from Bidders 5.1 If the bidder for any reason, whatsoever, be in doubt about the meaning of anything

contained in the Tender Document, he may seek clarifications in the form of query, in writing, from the Office of General Manager/Operations, as per schedule given in the Notice Inviting Tender. Reply to Query, if any given by DMRC, shall form part of the Tender Document.

5.2 Except for written clarifications (Reply to Query(s)) from the O/o General Manager/Operations, which is expressly stated to be an addendum to the tender document issued by DMRC, no written or verbal communication/ presentation/explanation by any other employee of DMRC shall be taken to bind or fetter DMRC under the tender/contract.

6.0 Cost of Tendering The bidder shall bear all costs associated with the preparation and submission of

his tender and DMRC will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the tendering process.

7.0 Site Visit Any site information/schedule of works given in this tender document is for

guidance only. Bidders are advised to visit and examine the work site and its surroundings at his cost and obtain for himself on his own responsibility, all information that may be necessary for the preparation of the tender and entering into the Contract.

8.0 Consortium 8.1 There can be a maximum of 3 (three) members in a consortium. 8.2 The technical and financial capabilities of only those members with equity stake

equal to or greater than 26% in the Consortium shall be considered relevant for evaluation. It is clarified that the technical experience and financial capabilities of any other Group Company or holding company or subsidiary company of any bidder / consortium member shall not be considered for evaluation unless such


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company is also a part of the consortium with minimum 26% stake in the shareholding of the consortium.

8.3 The consortium as a whole (with cumulative effect) may satisfy the eligibility criteria i.e. the Technical Bid.

8.4 Each consortium must specify the proposed equity shareholding (Annexure-3) and nominate a Lead Member of the consortium. This shall be enshrined in the Memorandum of Agreement signed by all consortium members and submitted along with the tender. The Consortium agreement should be on non-judicial stamp paper signed by each & every authorized signatory along with their copy of authorized Power of Attorney duly notarized. A draft of the consortium agreement is there at Annexure–7 of this Tender Document.

8.5 If the successful bidder is a consortium of firms, the Contract Agreement shall be signed with entire consortium i.e. all the consortium members shall be party to the Contract Agreement.

8.6 There will be no change in the consortium‟s proposed shareholding structure in the submitted tender, till the completion of the project.

8.7 All members of the Consortium shall be liable jointly and severally, for the execution of the project in accordance with the terms of the Contract Agreement. However, a single performance guarantee from the lead member only shall be submitted for the consortium.

8.8 Any individual bidder or member of a consortium cannot be a member in another consortium and participate in this tender.

9.0 Tender Validity The tender shall remain valid and open for acceptance for a period of 180 days

from the date of submission of the tender. In exceptional circumstances, prior to the expiry of the tender validity period, DMRC may request the bidders for a specified extension in the period of tender validity. The request and the response thereto shall be made in writing or by telefax. Bidders may refuse the request without forfeiting their tender security. Bidders agreeing to the request for extension of tender validity period shall not be permitted to modify their tender but will be required to extend the validity of the period of the tender security correspondingly.

10.0 Tender Security 10.1 The bidder shall furnish, as tender security, an amount of Rs.1,55,000/- (Rupees

One Lakh Fifty Five Thousand Only) in the form of Bank Draft / Banker‟s Cheque in favour of “Delhi Metro Rail Corporation Ltd.”

10.2 Tenders not accompanied by an acceptable tender security will be summarily rejected as non responsive.

10.3 Tender Security (EMD) amounts of unsuccessful bidder(s) will be refunded within 30 days from Letter of Acceptance being signed and returned by the successful bidder. The EMD of unsuccessful bidder shall be returned without payment of any interest.

10.4 Tender Security (EMD) amount of the successful tenderer shall be released only after receipt of Performance Security / execution of License Agreement.

10.5 The tender security may be forfeited: - 1) If bidder withdraw its tender during the period of tender validity. 2) If bidder does not accept corrections in Rates quoted in the Commercial Bid. 3) In case of a successful bidder fails to: -

i) Furnish the necessary Performance Guarantee within the prescribed time limit.

ii) Commence the work as per terms & conditions of the Tender/ DMRC instructions given in the Letter of Acceptance.

iii) Enter into the Contract Agreement within the time limit. 10.6 No interest shall be payable by DMRC on the tender security.


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11.0 Language of Tender The tender prepared by the bidder and all correspondence and documents relating

to the tender shall be in English language. Submitted documents will not be returned by DMRC to the bidder.

12.0 Tender Prices 12.1 The Contract shall be for the whole work,as described in Bill of Quantities/Letter of

Acceptance. Corrections if any shall be made by crossing out, rewriting and initialing the correction. The bidder is required to quote his rates taking into account all the Terms & Conditions of the Tender.

12.2 The bidder shall quote his rates inclusive of all taxes (except service tax), duties, royalties, statutory minimum payments/contributions to be paid to and/or on behalf of the manpower supplied by the bidder, overheads, insurance, cost incurred for obtaining various licenses as per statutory requirements, expenditure incurred to cover all tasks in operating BHS equipment, housekeeping, minimum employer‟s share of PF, ESI & Bonus, if & as applicable to relevant category of services, uniform cost, personal protection equipments, tools, First Aid Kits, cost of procuring BCA‟s passes, mobile expenditure, etc.

13.0 Tender Submission 13.1 ENVELOPE-1 – The tenderer shall seal the tender security (EMD) and Cost of

Tender Document (if applicable) in a separate Envelope duly marked as „Tender Security for BHS Operations of Delhi Metro Airport Express Line‟.

13.2 ENVELOPE-2 (Technical Bid) – The tenderer shall seal the Technical Bid (Tender Document including General Conditions of Contract, addendum(s) if any, Reply to Query if any, required documents / annexure) in sealed Envelope duly marked as Technical Bid.

13.3 ENVELOPE-3 (Commercial Bid) – The tenderer shall seal the Commercial Bid in a separate envelope duly marked as Commercial Bid.

13.4 The tenderer must then seal all the 3 envelopes (Envelope-1, Envelope-2 and Envelope-3 as above) in a one Big Envelope and each and every envelope must be addressed to: -

O/o the Deputy General Manager/Operations/IV First Floor, DO Building. Room No 206, Train Depot, Shastri Park. East Approach Road New Delhi-110053.

All envelopes should also have the full name and address of the bidder at the bottom of the envelope and should be titled "TENDER FOR BHS OPERATIONS AT DELHI METRO AIRPORT EXPRESS LINE" at the top.

13.5 Tenders may be submitted, by hand, not later than 1400 hrs. on 19.12.2014. 13.6 Late or delayed tenders will not be received or considered. 13.7 A Bidder can participate in one tender only. If a bidder submits more than one

tender, his tenders are liable to be rejected. 14.0 Tender Opening 14.1 On opening of the main Tender envelope, it will be checked if it contains the

Envelope-1 for Tender Security (and Tender Document cost, if applicable) and Envelope-2 (Technical Bid) and Envelope-3 (Commercial Bid).

14.2 Firstly Technical Bids will be opened in the presence of bidders or their representatives who choose to attend on date & time as mentioned in tender document. It will again be checked if the required documents have been annexed. If the submitted documents do not meet the tender requirements then the Commercial Bid of the said bidder may not be considered for further processing.


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14.3 The sealed Commercial Bid (Envelope-3) will be kept in the safe custody of DMRC and will be opened on a subsequent date after evaluation of technical bids. Commercial Bid of all technically qualified bidders who qualifies the Technical Evaluation will be opened on the date and time intimated to all such bidders separately.

15.0 Other Tender Guidelines 15.1 DMRC reserves the right not to proceed with the tender process at any time without

any notice, justification or liability. 15.2 All tenders, documents and other information submitted by the bidders to DMRC

shall become the property of DMRC. Bidders shall treat all information furnished as strictly confidential. DMRC will not return any submission.

15.3 The tender is not transferable under any circumstances. 15.4 Telegraphic, conditional or incomplete tenders will not be accepted. Canvassing of

any kind, direct or indirect, shall lead to disqualification of the bidder. 15.5 Tender in any form other than the prescribed format issued by DMRC will not be

entertained and will be summarily rejected. 15.6 Tenders with revised / modified rates / offer after submission / opening of the

tender will be summarily rejected. In such a case DMRC may forfeit the Earnest Money Deposit submitted with the tender.

15.7 DMRC reserves the right to accept or reject any or all tenders or any part of the tender without assigning any reason thereof, and the decision of DMRC in this respect shall be final.

15.8 DMRC may not consider bidders who have poor performance records such as abandoning works, not following statutory requirements, financial failure, etc.

15.9 Bidders are advised to submit only one tender either by themselves, or as a partner in a joint venture, or as a consortium. If a Bidder, or if any one of the partners in a joint venture, or any one of the members of the consortium participates, submits more than one tender, all the tenders in which the bidder has participated shall be considered invalid.

16.0 Award of Tender 16.1 DMRC will award the contract to the Lowest Bidder (L1), whose tender has been

determined to be substantially responsive, technically & commercially suitable, complete & in accordance with the tender document.

16.2 In case, two or more technically qualified bidders quote the same amounts in the Commercial Bid, which is the Lowest (i.e. L-1), then the tender would be awarded to the bidder who has the highest / higher Average Annual Turnover for the last 3 financial years.

16.3 Prior to the expiry of the period of tender validity, DMRC will notify the successful bidder, either through Letter of Intent or Letter of Acceptance, that his tender has been accepted.

16.4 The Letter of Acceptance would be sent in duplicate to the successful bidder, who will return one copy to DMRC duly acknowledged, signed and stamped by the authorized signatory of the bidder, as an unconditional acceptance of the Letter of Acceptance, within three days from the date of issue of LOA.

16.5 No correspondence will be entertained by DMRC from the unsuccessful bidders. 16.6 Upon Letter of Acceptance being signed and returned by the successful bidder,

DMRC will promptly notify the unsuccessful bidders and discharge / return their tender security.

16.7 The successful bidder will be required to obtain BCAS (Bureau of Civil Aviation Security) clearance so that AEP (Airport Entry Passes) can be issued from concerned authority to Ground Handling Agency, i.e. successful Bidder, in order to perform their duties smoothly.


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17.0 Performance Security (Schedule -8) 17.1 The successful bidder shall furnish to DMRC a security in the form of Bank

Guarantee for an amount, equivalent to 10% of the Contract Price within 30 days from the date of issue of Letter of Acceptance. The validity of the Bank Guarantee shall be six month beyond the expiry of contract period. The Bank Guarantee shall be prepared as per the format of Bank Guarantee provided in this Tender Document from a scheduled Commercial Bank based in India and from a branch located in Delhi only. Further as and when contract value increases, even as a result of revision in Minimum Wages / Service Tax, the contractor shall be required to deposit additional BG(s) so as to ensure availability of BG @ 10% of contract value with DMRC Ltd. at all times.

17.2 The BHS Contractor has to submit the Performance Security within 30 days of issue of Letter of Acceptance. If the BHS Contractor fails to submit the Performance Security within the stipulated time, then a penalty equal to 0.25 percentage of the amount of the Performance Security per week or part thereof shall be imposed on him for delays upto 60 days from the date of Performance Security becomes due to the time he submits the same. Any further delay will require Director's approval for condonation.

17.3 Failure of the successful bidder to submit the required Performance Security shall constitute sufficient grounds for the annulment of the award of the Tender and forfeiture of the Tender Security, in the event of which the DMRC may award the Tender to the next lowest evaluated bidder.

18.0 Signing of Contract Agreement 18.1 DMRC shall prepare the contract agreement, as in the proforma given in this tender

document, duly incorporating all the terms & conditions of the tender. 18.2 For the purpose of preparing of the contract agreement, the successful bidder shall

be required to deposit 2 Non Judicial Stamp Papers each of appropriate value, as intimated by DMRC.

18.3 Prior to signing of the Contract Agreement, the successful bidder shall be required to submit the following: - a. Performance Security b. Power of Attorney in favour of Authorized Signatory(s) c. Consortium Agreement (duly signed & executed) duly incorporating the

requirements as in Clause No. 8.0 of this Tender Document. 18.4 The Contract Agreement shall require to be executed within 45 days from the date

of issue of the Letter of Acceptance. 19.0 Cancellation of Letter of Acceptance (LOA) After issuance of the Letter of Acceptance, in case, the successful bidder fails to

commence the work, for whatsoever reasons, as per terms & conditions of Tender then the LOA shall be cancelled and the tender security will be forfeited in favour of DMRC.

20.0 Corrupt & Fraudulent Practices

DMRC requires that the Tenderers and / or their agents observe the highest standards of ethics during Tendering and execution of this Contract. In pursuance with this policy, DMRC: - a. Defines, for the purpose of these provisions, the terms set forth below as

follows: - (i) “corrupt practice” means the offering, giving, receiving or soliciting of

anything of value to Licensor or its employees, influence in the contract execution; and

(ii) “fraudulent practice” means a concealment or misrepresentation of facts in order to influence execution of the contract to the detriment


---------------------------------------------------------------------------------------------------------PAGE NO.34 OF 103

of DMRC, and includes collusive practice among Tenderers (prior to or after tender submission) designated to establish tender prices at artificial non-competitive levels and to deprive DMRC of the benefits of free and open competition.

(iii) Breach of any of the contract condition during execution. b. Will reject the tender or rescind the contract if DMRC determines that the

Tenderer / Contractor or the employees deployed by the contractor for the performance of services are engaged in corrupt or fraudulent practices.

c. Will declare a Contractor ineligible, either indefinitely or for a stated period of time, to be awarded a contract(s) if it at any time determines that the Contractor has engaged in corrupt or fraudulent practices in competing for or in executing the contract.

d. The successful Tenderer/Contractor shall apprise DMRC through CVO, DMRC of any fraud/suspected fraud as soon as it comes to their notice.


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Tender for “Operation of Baggage Handling System (BHS) equipment at stations of Delhi Metro Airport Express Line [New Delhi, Shivaji Stadium, Airport

(Including BHS SCADA & Tunnel BHS at Airport) metro stations] and BHS Equipment installed in metro trains

of Delhi Metro Airport Express Line (DMAEL).”

INITIAL FILTER CRITERIA

(BIDDER HAS TO FIRST QUALIFY THE INITIAL FILTER CRITERIA IN ORDER TO BE ELIGIBLE FOR EVALUATION

OF THEIR BID)

DELHI METRO RAIL CORPORATION LTD. (A JOINT VENTURE OF GOVT. OF INDIA AND GOVT. OF NCT OF DELHI)


---------------------------------------------------------------------------------------------------------PAGE NO.36 OF 103

INITIAL FILTER CRITERIA FOR BAGGAGE HANDLING SYSTEM TENDER AT DELHI METRO AIRPORT EXPRESS LINE

[ON COMPANY’S LETTER HEAD (EACH MEMBER IN CASE OF CONSORTIUM)]

Name of the Applicant: __________________________________________

S/N Criteria Yes No

1. Has the Bidder abandoned any work in the last five years?

2. Has the Bidder‟s contract with any organization ever been terminated due to poor performance?

3.

Has the Bidder‟s Security Deposit for any contract has ever been forfeited by any Govt. / Semi Govt. / PSU / DMRC / Private Limited Companies / Limited Companies / Educational Institutions?

4. Has the Bidder been involved in frequent litigations in the last five years?

5. Has the Bidder suffered bankruptcy / insolvency in the last five years?

6. Has the Bidder been blacklisted by any organization?

7. Has any misleading information been given in the Tender?

8. Is the Bidder financially not sound to perform the work?

9. Is the Bidder‟s Net Worth negative?

10.** Has the Bidder failed to certify that no agent / middleman has been or will be engaged or that any agency or commission has been or will be paid?

11.** Do the documents submitted by the Bidder reveal that agency commission has been or will be paid?

NOTE: - “YES” answer to any of the questions from 1 to 11 will disqualify the Bidder. Bidder would be required to give an undertaking on Rs.100/- Non-Judicial Stamp Paper, duly notarized, as given in Annexure-A below.

** A blank proforma of the Certificate is available as Annexure-1 of this Tender Document. The same should be completed and submitted along with the tender submission.


---------------------------------------------------------------------------------------------------------PAGE NO.37 OF 103

Annexure-A

[ON NON-JUDICIAL STAMP PAPER OF RS.100/- DULY NOTARIZED]

UNDERTAKING FOR INITIAL FILTER CRITERIA (Each member in case of Consortium)

Sub: - Tender for “Operation of Baggage Handling System (BHS) equipment at stations of Delhi Metro Airport Express Line [New Delhi, Shivaji Stadium, Airport (Including BHS SCADA & Tunnel BHS at Airport) metro stations] and BHS Equipment installed in metro trains of Delhi Metro Airport Express Line (DMAEL).”

1.0 I, Mr./Ms. _________________________ (Authorized Signatory) on behalf

of _______________________________________________ (Company‟s Name) having its registered office at ______________________________________, hereby confirm, declare and undertake that the information given in the Initial filter Criteria is true and nothing has been concealed or misrepresented.

2.0 DMRC is free to verify the information given by the undersigned in the Initial Filter Criteria. If any submission by us is found false or misleading at a later stage, even after completion of the tender process, then DMRC may annul the award and forfeit our EMD (if any held with DMRC) & Performance Security (if any available with DMRC). Further, in such a case, we may be banned for future tenders of DMRC.

Signature of Authorized Signatory _____________________

Name of Authorized Signatory ________________________

Seal of the Authorized Signatory ______________________


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Annexure–1

[ON COMPANY‟S LETTER HEAD (EACH MEMBER IN CASE OF CONSORTIUM)]

Sub: - Tender for BHS Operations at Delhi Metro Airport Express Line

I, Mr./Ms. _________________________ (Authorized Signatory) on behalf of _______________________________________________ (Company‟s Name) having its registered office at ______________________________________, hereby confirm and declare that no agent, middleman or any intermediary has been, or will be engaged by me to provide any services, or any other item or work related to the award and performance of this contract. I further confirm and declare that no agency commission or any payment which may be construed as an agency commission has been, or will be paid by me and that the tender price will not include any such amount.

(Signature) ___________________________

Name of signatory _____________________

Capacity of signatory ___________________

* Should be supported by authorized Power of Attorney in favour of authorized signatory along with their copy of Board Resolution.


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Annexure–2

APPLICATION [ON COMPANY‟S LETTER HEAD (LEAD MEMBER IN CASE OF CONSORTIUM)]

The General Manager/Operations Delhi Metro Rail Corporation Ltd., 4th Floor, Metro Bhawan, Fire Brigade Lane, Barakhamba Road, New Delhi–110001 Sub: - Tender for BHS Operations on Delhi Metro Airport Express Line.

Dear Sir,

1.0 We, hereby, make an application for “Contract for Operation of Baggage Handling System (BHS) equipment at Delhi Metro Airport Express Line Metro Stations [New Delhi, Shivaji Stadium, Airport (Including BHS SCADA & Tunnel BHS at Airport) stations] and BHS Equipment installed in metro trains

of Delhi Metro Airport Express Line (DMAEL)." Tender. In support of the application we submit herewith the required documents.

2.0 We understand that in the event of any information furnished by us found,

even at a later date, to be incorrect or any material information having been suppressed, DMRC may take appropriate action as under: - i) Our name may be removed from the list of shortlisted applicants at

any time during the tender process or after the award of the contract. ii) Any tender submitted by us on the basis of short-listing may not be

considered. iii) If any tender from us is accepted and a contract awarded to us on the

basis of our short listing, the tender acceptance may be withdrawn and the contract awarded to us cancelled without any financial claim / Arbitration request from our side.

(In the case of a joint venture/partnership/consortium add this paragraph) 3.0 This application is submitted on behalf of a Joint Venture / Partnership /

Consortium (applicant to delete as appropriate) comprising _____________________________ [applicant to state the names of each member] and of which ___________________ (applicant to insert name of Lead member of Joint Venture / Partnership / Consortium) has agreed to act as Lead member. Each member has prepared a statement of participation in relation to this application and these are contained in Annexure–3.

Yours faithfully, Signature of Authorized Signatory _____________________ Name of Authorized Signatory ________________________


---------------------------------------------------------------------------------------------------------PAGE NO.40 OF 103

Annexure–3

APPLICATION

[ON COMPANY‟S LETTER HEAD (EACH MEMBER OF CONSORTIUM)]

The General Manager/Operations Delhi Metro Rail Corporation Ltd., 4th Floor, Metro Bhawan, Fire Brigade Lane, Barakhamba Road, New Delhi–110001 Sub: - Tender for BHS Operations on Delhi Metro Airport Express Line Dear Sir, 1.0 We wish to confirm that our company/firm (delete as appropriate) has

formed/intends (delete as appropriate) to form a consortium with ______________________ (member to insert names of all other members of the consortium) for the purpose associated with the Tender.

2.0 We understand that in the event of any information furnished by us found,

even at a later date, to be incorrect or any material information having been suppressed, DMRC may take appropriate action as under: - i) Our name may be removed from the list of shortlisted applicants at

any time during the tender process or after award of the contract. ii) Any tender submitted by us on the basis of short-listing may not be

considered. iii) If any tender from us is accepted and a contract awarded to us on the

basis of our short listing, the tender acceptance may be withdrawn and the contract awarded to us cancelled without any financial claim / Arbitration request from our side.

[Member(s) who are not the Lead member of the Consortium should add the

following paragraph] 3.0 The consortium is led by ________________________ (member to insert

name of lead member) whom we hereby authorize to act on our behalf for the purposes of applying for this tender.

[Member who is the Lead member of the Consortium should add the following paragraph] 4.0 In this consortium we act as Lead member and for the purposes of applying

for the Tender (Tender Document No.DMRC/Operations/BHS Operations/14) , represent the consortium.


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5.0 In the event of our consortium is awarded the Contract we agree that we will be jointly (with other members of our consortium) and severally liable to Delhi Metro Rail Corporation Limited. (DMRC), its successors and assigns for all obligations, duties and responsibilities arising from or imposed by any contract subsequently entered into between DMRC and our consortium.

6.0 Equity shareholding of constituent members of the consortium is as under – S/N

Consortium Member Name

Equity Stake (%) in the Consortium

Role of the Member in the Consortium (whether Lead Member/Member)

1.

2.

3.



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Annexure–4

SELF ATTESTATION [ON COMPANY‟S LETTER HEAD (EACH MEMBER IN CASE OF CONSORTIUM)]

Sub: - Tender for BHS Operations on Delhi Metro Airport Express Line 1.0 I / We, hereby, declare that I / We understand all the statutory provisions of

labour laws and undertake to arrange and ensure the compliance of the following requirements: - i) In terms of Clause 6.6 as in Terms & Conditions of the Tender

Document, payments to the contracted staff shall be made through ECS / Bank Transfer and further for new employees Cheque / Cash payments shall be done by us for the first month only with witnessing of cash payments by the authorized representative of DMRC.

ii) Valid PF no. & ESI no. shall be allotted / arranged to be allotted to all the personnel as per applicability under the corresponding acts, engaged by us for the performance of services under the contract, immediately by me/us and necessary contributions of all the personnel shall be deposited by me/us with the concerned authorities.

iii) Applicable Service Tax as per the prevalent rate shall be deposited by me/us with the concerned authorities.

iv) I undertake that in cases of terminated / resigned contractual employees, pro-rata payment of bonus, if applicable to category of employees, shall be done by me within 30 days time.

2.0 The rates quoted by me / us in the Commercial Bid are inclusive of the

compliance of all statutory provisions. 3.0 I / We understand that in the event of any deviation on above accounts shall

constitute violation in the terms and conditions of the contract and necessary penalty as per Clause 11.0) 6) of the Other Terms & Conditions of the Tender Document may be imposed on us.



PAGE NO.43 OF 103

Annexure–5

CHECK LIST FOR SUBMISSION

(to be included in Tender Index and front of the Technical Proposal )

Name of the Tenderer - _____________________________________

S/N Item Tender Stipulations (if any) Submission / Compliance Requirement

Reference Page No. in the Technical

Submittal 1.0 Tender Document Cost Details, if applicable

1.1 Tender Document Cost in the form of BD/BC Para No.2 of Disclaimer and Clause 13.1 of Instructions to Bidders

1.2 Name of Issuing Bank and Branch 1.3 BD/BC No. 1.4 BD/BC Date 1.5 Value of BD/BC

2.0 Tender Security Details

2.1 Tender Security in the form of BD/BC Clause 13.1 of Instructions to Bidders 2.2 Name of Issuing Bank and Branch 2.3 BD/BC No. 2.4 BD/BC Date 2.5 Value of BD/BC

3.0 Eligibility and Qualification of Tenderer

3.1 Tender is from a Company Clause 3.2 of Instructions to Bidders 3.1.1 Whether Power of Attorney with specimen

signature has been submitted Clause 4.1.2 of Instructions to Bidders

3.2 Tender is from JV / Consortium Annexure–12 of Tender Document

(Authorized Signatory)


PAGE NO.44 OF 103

3.2.1 Whether Power of Attorney, duly notarized, from each member of JV/Consortium is enclosed

Clause 8.4 of Instructions to Bidders

3.2.2 Board Resolution of each of the Consortium members authorizing execution of Consortium Agreement and appointing authorized signatory

Annexure–7 of the Tender Document

3.3 Memorandum of Agreement for JV/Consortium Annexure–7 of Tender Document

3.3.1 Who is the Leader of the Consortium Clause 8.4 of Instructions to Bidders 3.3.2 Details of percentage participation of individual

members specified in the MoA Clause 8.4 of Instructions to Bidders Annexure–3 of the

Tender Document

3.4 Whether tenderer or any member of the JV/Consortium has submitted more than one Tender


3.5 Whether registration with RoC enclosed for a Tenderer being a company / each member in case of JV/Consortium

Clause 4.1.3 of Instructions to Bidders

3.6 Whether registration with EPFO enclosed for a Tenderer / each member in case of JV/Consortium


3.7 Whether registration with ESIC enclosed for a Tenderer / each member in case of JV/Consortium


3.8 Whether registration with Service Tax department enclosed for a Tenderer / each member in case of JV/Consortium


3.9 Whether „Initial Filter Criteria‟ alongwith Annexure-A attached by Tenderer / each member in case of JV/Consortium


(Authorized Signatory)


PAGE NO.45 OF 103

3.10 Whether Annexure-1 attached by Tenderer / each member in case of JV/Consortium


3.11 Whether Annexure-2 attached by Tenderer / Lead member in case of JV/Consortium

3.12 Whether Annexure-3 attached by each member of JV/Consortium


3.13 Whether Annexure-4, Self Attestation, attached by Tenderer / each member in case of JV/Consortium


4.0 Technical Proposal

4.1 Whether sealed Technical Bid in Envelope No.2, enclosed


4.1.1 Whether Form of Tender enclosed

4.1.2 Whether each page of Tender Document, Addendum (if any) and other submissions, enclosed duly numbered, signed & stamped, as a token of acceptance

Clause 2.0 of the General Guidelines

5.0 Whether Tender Security (EMD) of Rs.1,55,000/- and/or Tender Document Cost of Rs.5,250/-, in Envelope No.1, enclosed

Clause 13.1 of the Tender Document

I have checked the above list with our submittal. I am aware that if the Tender does not contain above documents, our tender is likely to be rejected by the Employer. (Authorized Signatory)

6.0 Whether sealed Commercial Bid in Envelope No.3 is enclosed

Clause 13.2 of the Tender Document


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FORM OF TENDER (To be submitted on Company‟s/Firm‟s Letter Head)

Dated: _______________

General Manager/Operations Delhi Metro Rail Corporation Limited, Right Wing, 4th Floor, Metro Bhawan, Fire Brigade Lane, Barakhamba Road, New Delhi–110001

Sub: Tender for BHS Operations at Delhi Metro Airport Express Line Sir,

1. Having visited the DMRC‟s system/section, examined the Terms and

Conditions of contract as well as Instructions to Tenderers including Annexures, Commercial Bid, and addenda thereto (if any) issued by the

DMRC for “Operation Contract of Baggage Handling System (BHS)

equipment at Delhi Metro Airport Express Line Metro Stations [New Delhi, Shivaji Stadium, Airport (Including BHS SCADA & Tunnel BHS at Airport) stations] and BHS Equipment installed in metro trains of Delhi Metro Airport

Express Line (DMAEL)" , we hereby (jointly and severally)* offer to execute the works in conformity with the document for the sum stated in the Commercial Bid as completed by us.

2. We undertake (jointly and severally)* to execute the whole of the works as per

the conditions. 3. We undertake (jointly and severally)*: -

(a) to keep this tender open for acceptance without unilaterally varying or amending its terms for the period stated in Notice Inviting Tender hereto (withdrawal of any member or any other change in the composition of the partnership/joint venture/consortium on whose behalf this Tender is submitted shall constitute a breach of this undertaking)*, and

(b) If this Tender is accepted, to provide Performance Guarantee, as security for the due performance of the Contract.

4. We submit with this Tender a Tender Guarantee of required value in respect

of our obligations under this Tender. 5. Unless and until a formal agreement is executed between us, this Tender

together with our written acceptance of LOA shall constitute a binding contract between us.

6. We understand that you are not bound to accept the lowest or any tender you

may receive. 7. We declare that the submission of this Tender confirms that no agent,

middleman or any intermediary has been, or will be engaged to provide any


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services, or any other item of work related to the award and performance of this Contract. We further confirm and declare that no agency commission or any payment which may be construed as an agency commission has been, or will be paid and that the tender price does not include any such amount. We acknowledge the right of DMRC, if they find to the contrary, to declare our Tender to be non-compliant and if the Contract has been awarded to declare the Contract null and void.

8. This Tender shall be governed by and construed in all respects according to

the laws for the time being in force in India.

Yours faithfully,

Signature: ___________________ Date: _______________________ Name: ______________________

Witness: ___________________ Address: ____________________ (Signature and Name)


Witness: ___________________ Address: ____________________ (Signature and Name)


Witness: ___________________ Address: ____________________ (Signature and Name) * Note: - If the Tenderer comprises a Partnership, Joint Venture or Consortium: (a) the provisions marked with an asterisk are to be retained subject to deletion of

the brackets and inapplicable descriptions (i.e Partnership, Joint Venture or Consortium)

(b) The liability of each member under the Tender, and under any contract formed upon its acceptance, will be joint and several;

(c) An authorized representative or each member must sign the Tender. (d) Signature on the Form of Tender shall be witnessed and dated. (e) Copies of relevant power of attorney shall be attached.


---------------------------------------------------------------------------------------------------------PAGE NO. 48 OF 103

Annexure -6

EXPERIENCE CERTIFICATE

(on Client‟s Letter Head)

This is to certify that, M/s _______________________________ (Company‟s Name)

having its office at ________________________________, is working / had worked

from __________ (DD/MM/YYYY) to ____________ (DD/MM/YYYY) with us, [for the

provision of Uniformed and Trained Manpower for BHS Operation] at the location

______________. The performance of M/s ____________________ during the

period is/was _______________ [Good/Satisfactory/Poor].

M/s _______________________ has been paid Rs._____________ for the period

from ________________ (DD/MM/YYYY) to ________________ (DD/MM/YYYY).

(Authorized Signatory) _____________________

Name of Authorized Signatory _______________

Designation of Authorized Signatory __________

* Experience should be as on 31.10.2014 i.e. in terms of Clause 4.9.1-I Work Experience of Technical Requirements as in Page No.23.


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Annexure–7

CONSORTIUM AGREEMENT/MEMORANDUM OF AGREEMENT

This Consortium Agreement/Memorandum of Agreement is executed at New Delhi on this _____ day of _________, 2014. BETWEEN / AMONG M/s ______________________, Individual / Firm / Company incorporated under the Companies Act, 1956 and having its Office at _______________________ [acting through its ______________ duly authorized by a resolution of the Board of Directors dated ______] (hereinafter referred to as the „LEAD MEMBER‟ which expression unless excluded by or repugnant to the subject or context be deemed to mean and include its successors in interest, legal representatives, administrators, nominees and assigns) of the ONE Part; AND M/s ______________________, Individual / Firm / Company incorporated under the Companies Act, 1956 and having its Office at _______________________ [acting through its ______________ duly authorized by a resolution of the Board of Directors dated ______] (hereinafter referred to as the („Participant member‟) which expression unless excluded by or repugnant to the subject or context be deemed to mean and include its successors in interest, legal representatives, administrators, nominees and assigns) of the OTHER/SECOND PART [AND M/s ______________________, Individual / Firm / Company incorporated under the Companies Act, 1956 and having its Office at _______________________ [acting through its ______________ duly authorized by a resolution of the Board of Directors dated ______] (hereinafter referred to as the („Participant member‟) which expression unless excluded by or repugnant to the subject or context be deemed to mean and include its successors in interest, legal representatives, administrators, nominees and assigns) of the THIRD PART] Whereas Delhi Metro Rail Corporation Limited (hereinafter referred to as „DMRC‟) has invited Tender for BHS Operations at Delhi Metro Airport Express Line, for provision/deployment of Trained and Uniformed manpower at its stations/other locations. AND WHEREAS the parties hereto have discussed and agreed to form a Consortium for participating in the aforesaid application and have decided to deduce the agreed terms in writing.


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NOW THIS CONSORTIUM AGREEMENT/MEMORANDUM OF AGREEMENT HEREBY WITNESSES: 1. That in the premises, contained herein, the Lead Member and the Participant

Member(s) having decided to pool their technical know-how, working experiences and financial resources, have formed themselves into a Consortium to participate in this DMRC‟s tender.

2. That the members of the Consortium have represented and assured each

other that they shall abide by and be bound by the terms and conditions stipulated by DMRC for the tender.

3. That the Consortium has agreed to nominate __________ as the common

representative who shall be authorized to represent the Consortium for all intents and purposes for dealing with DMRC and for submitting the bid as well as doing all other acts and things necessary for submission of the Tender.

4. That the share holding of the members of the Consortium for this specified

purpose shall be as follows: (i) The Lead Member _________________ shall have _____per cent

(___%) of share holding with reference to the Consortium for this specified project.

(ii) The Participant Member _________________ shall have ____ (___%) of share holding with reference to the Consortium for this specified project.

(iii) [The Participant Member _________________ shall have ____ (___%) of share holding with reference to the Consortium for this specified project.]

5. That in order to fulfill the requirement of the tender process and also keep an

altogether separate legal entity of the Consortium, the Members of the Consortium undertake to provide their own nominees as share holders to the extent of their respective share holding for the purpose of formation of a Special Purpose Company (SPC) through which the Consortium proposes to undertake the work.

6. That in case to meet the requirements of tender or any other stipulations of

DMRC, it becomes necessary to execute and record any other documents amongst the members of the Consortium, they undertake to do the needful and to participate in the same for the purpose of the said project.

7. That it is clarified by and between the members of the Consortium that

execution of this Consortium Agreement/Memorandum of Agreement by the members of the Consortium does not constitute any type of partnership for the purposes of provisions of the Indian Partnership Act and that the members of the Consortium shall otherwise be free to carry on their independent business or commercial activities for their own respective benefits under their own respective names and styles. This Consortium Agreement is limited in its operation to the specified project.


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8. That the Members of the Consortium undertake to specify their respective roles and responsibilities for the purposes of implementation of this Consortium Agreement and the said project if awarded to the Consortium in the Memorandum & Articles of Association of the proposed Special Purpose Company to be got incorporated by the Consortium Members to meet the requirements and stipulations of DMRC.

IN FAITH AND TESTIMONY WHEREOF THE PARTIES HERETO HAVE SIGNED THESE PRESENTS ON THE DATE, MONTH AND YEAR FIRST ABOVE WRITTEN. 1. (__________________)

Authorized Signatory (___________________) For (Name of company)

2. (__________________)


3. (__________________)


Enclosure: Board resolution of each of the Consortium Members authorizing: - (i) Execution of the Consortium Agreement, and (ii) Appointing the authorized signatory for such purpose.


PAGE NO. 52 of 103

COMMERCIAL BID

(Commercial Bid of only those

Bidders would be opened who qualify

the Technical Bid)


PAGE NO. 53 of 103

EVALUATION OF COMMERCIAL BID 1.0 Eligibility All Technically qualified bidders will be eligible for opening of their Commercial

Bids, they would be communicated about the date and time of opening of their Commercial Bids.

2.0 Process of Evaluation of Commercial Bids 2.1 Commercial Bids will be evaluated and necessary corrections, if discrepancies

noticed, in Total Amount Per Month [C], Total BOQ Amount Per Month [D] and Total Management Fees (Profit & Service Charges) [F] would be done by DMRC Ltd. In case discrepancy between figures and words is noticed then the statement in words would govern.

2.2 If a bidder does not accept the above correction of errors, his tender will be rejected with the forfeiture of tender security.

3.0 Award of Contract 3.1 DMRC will award the contract to the Lowest Bidder (L1), whose tender has been

determined to be substantially responsive, technically & commercially suitable, complete & in accordance with the tender document.

3.2 In case, two or more technically qualified bidders quote the same amounts in the Commercial Bid, which is the Lowest (i.e. L-1), then the tender would be awarded to the bidder who has the highest / higher Average Annual Turnover for the last 3 financial years.


PAGE NO. 54 of 103

COMMERCIAL BID

BOQ/Manpower.

Contract for Operation of Baggage Handling System (BHS) equipment at Delhi Metro Airport Express Line Metro Stations [New Delhi, Shivaji Stadium, Airport (Including BHS SCADA & Tunnel BHS at Airport) stations] and BHS Equipment installed in metro trains of Delhi Metro Airport Express Line (DMAEL)

S/N Item Description Quantity Unit Rate / Month ^ Total Amount Per Month ^

A B C = A * B

1 BHS Manager @ 01 Monthly Figures:________ Figures: ________

Words:_________ Words: _________

2 BHS Supervisor @ 04 Monthly Figures:________ Figures: ________

Words:_________ Words: _________

3 BHS Operator * 10 Monthly Figures:________ Figures: ________

Words: _________ Words: _________

4 BHS Loader ** 05 Monthly Figures: ________ Figures: ________

Words: _________ Words: _________

5 BHS Tunnel Loader ** 06 Monthly Figures: ________ Figures: ________

Words: _________ Words: _________

TOTAL BOQ AMOUNT PER MONTH (OUTWARD) IN RUPEES „D‟ = C1+C2+C3+C4+C5

Figures: ________

Words: _________

% QUOTED OVER „D‟ AS MANAGEMENT FEES (Profit & Service Charges) = „E‟ #

Figures:

Words:

TOTAL MANAGEMENT FEES (Profit & Service Charges) [In terms of Clause 12.2 under 12.0 Tender Prices of Instructions to Bidders] CALCULATED IN RUPEES „F‟ = (E/100)*D

Figures:

Words:

GRAND TOTAL FOR 1ST

YEAR (INCLUSIVE OF ALL TAXES (EXCEPT SERVICE TAX) IN RUPEES „G‟ = D + F

GRAND TOTAL FOR 2 YEARS (Except Service Tax) (H = G * 2)

GRAND TOTAL FOR 2 YEARS INCLUDING PRESENT RATE OF SERVICE TAX

Note: - I) The details of manpower requirement and scope of work of this BOQ have been mentioned

at 2.4 Manpower Requirement in Scope of Work of the Tender document pertaining to this tender.

II) Applicable Wages during the contract period: - * BHS Operator - Skilled category minimum wage of Delhi Govt. or Central Govt. whichever is higher shall be payable. ** BHS Loader and BHS tunnel Loader - Semi-skilled category minimum wage of Delhi Govt. or Central Govt. whichever is higher. In case minimum wages rates are revised, the wages of 3), 4) and 5) will be increased proportionately duly taking into account the % over BOQ quoted as Management Fees.

@ Rates of BHS Manager and BHS Supervisor shall be escalated at the rate 5% every year duly taking into account the % over BOQ quoted as Management Fees.

Signature of the Contractor or his Authorized signatory

Dated with seal of the Agency / Firm

Page-1/2


PAGE NO. 55 of 103

COMMERCIAL BID ^ For one complete month irrespective for no. of days in a month. Suitable replacement may be made for rest / leave reserves for which no compensation will be paid by DMRC Ltd. The Rate per Month quoted should be inclusive of minimum Employer‟s share of PF, ESI & Bonus if & as applicable to relevant category of services. The Contractor will be required to provide the breakup of the Rate per Month for individual services for DMRC‟s record. # The percentage/rates above BOQ quoted should be inclusive of all taxes (except service tax), duties, royalties, statutory minimum payments/contributions to be paid to and/or on behalf of the manpower supplied by the bidder, overheads, insurance, cost incurred for obtaining various licenses as per statutory requirements, profit, cost of procuring BCAS Passes, mobile etc.

Service tax at the applicable rate will compensated with every monthly bill on actual basis as per applicable rules. Payment shall be released based on Rate Per 8 hours shift per day for which the Rates shall be quoted as under:-

S/N Item Quoted Rate Per 8 Hours Shift Per Day

= [Net Rate (B) * {(100+E)/100} * 12 / 365]

1. BHS Manager

Figures : ___________________________________ Words : ____________________________________

2. BHS Supervisor

Figures : ___________________________________ Words : ____________________________________

3. BHS Operator Figures : ___________________________________ Words : ____________________________________

4. BHS Loader Figures : ___________________________________ Words : ____________________________________

5. BHS Tunnel Loader Figures : ___________________________________ Words : ____________________________________

Signature of the Contractor or his Authorized signatory

Dated with seal of the Agency / Firm

Page-2/2


PAGE NO. 56 of 103

NOTE: - Following conditions are applicable for bids: - 1. The Bidder‟s Quoted Amount shall be filled both in figures and words.

2. The Monthly Quoted Amount / Quoted Rates derived in the Commercial Bid would

be treated as complete in all respect. It will be deemed to include all incidental charges, supervision, transport, contractor‟s profit, reliever of staff and establishment/overheads, all risks & insurance liabilities, compliance of labour laws and other obligations set out or implied in the contract.

3. The Rate per Month and Profit & Service Charge (Management Fees) shall be inclusive of all Taxes (Except Service Tax), Tender Requirements, Statutory Contributions, etc.

4. The duty hours of the manpower deployed by the contractor shall be a maximum of 8 hours per day. If the duty time exceeds 8 hours per day, overtime charges shall be paid by the contractor to the concerned manpower as per applicable Rules in Contract Labour (Regulation & Abolition) Act, 1970 without any liability on the part of DMRC.

5. No escalation will be given on the Bidder‟s Quoted Amount / Quoted Rates for BHS Operator, BHS Loader and BHS Tunnel Loader. However, revision in minimum wages as notified by the Government of NCT of Delhi or the Central Government, whichever is higher, from time to time will be compensated, notwithstanding the rates mentioned in the BOQ above. Further the rates accepted by DMRC may be compensated based on revision (increase/decrease) in Service Tax, as announced by Government from time to time. Also revision in any Statutory Contributions related to PF, ESI & Bonus shall be effected asnotified by the appropriate Government from time to time.

Rates of BHS Manager and BHS Supervisor shall be escalated by 5% after one year.

6. Income Tax/TDS and other statuary deductions as applicable will be deducted

from every monthly bill by DMRC. 7. During the currency of the contract, the successful bidder shall be required to

procure necessary insurance policies as stipulated in Clause No.4.6 i) & ii) of Terms & Conditions of the Contract.

8. Contractor shall be required to pay to its employees at item 3), 4) & 5), roped in

for services under the contract, based on category of minimum wages given by DMRC and deposit / disburse other statutory dues to respective agencies / employees as claimed by the contractor & paid by DMRC.


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AGREEMENT This Agreement is made on the ____ day of __________ 2015 between Delhi Metro Rail Corporation Limited office at Metro Bhawan, Fire Brigade Lane, Barakhamba Road, New Delhi–110001 hereinafter called “the Employer” of the one part and ________________________________________________________________________________________India,hereinafter called “the Contractor” of the other part.

Whereas the Employer is desirous that certain works should be executed, viz. Operation Contract of Baggage Handling System (BHS) equipment at Delhi Metro Airport Express

Line Metro Stations [New Delhi, Shivaji Stadium, Airport (Including BHS SCADA & Tunnel BHS at Airport) stations] and BHS Equipment installed in metro trains of Delhi Metro Airport Express Line (DMAEL), hereinafter called “the Works”. NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: - 1.0 In this Agreement words and expression shall have the same meanings as are

respectively assigned to them in the Terms & Conditions of contract hereinafter referred to.

2.0 The following documents shall be deemed to form and be read and construed as

part of this Agreement, viz: (a) Letter of acceptance (b) Terms and Conditions

(c) Notice Inviting Tender (d) Commercial Bid (e) Form of Tender (f) Addendums, Reply to Query(s), if any (g) Annexure to the Agreement (h) General Conditions of Contract (i) Any other documents forming part of the contract.

3.0 Scope of Work

Contractor shall be required to execute the Operation of Baggage Handling System at New Delhi, Shivaji Stadium and Airport station including BHS Tunnel for Delhi Metro Airport Express Line with its own suitable uniformed and trained manpower with the specifications as determined by DMRC and contained herein.

4.0 In consideration of the payments to be made by the Employer to the contractor as

hereinafter mentioned, the Contractor hereby covenants with the employer to execute and complete the works by * ______ in all respects with the provisions of the Contract.

5.0 OBLIGATION OF THE EMPLOYER The Employer hereby covenants to pay the Contractor in consideration of the

execution & completion of the works, the Contract Price of * Rs.__________/- being the sum stated in the letter of acceptance subject to such additions thereto or deductions there from as may be made under the provisions of the Contract at the times and in the manner prescribed by the contract.

6.0 OBLIGATION OF THE CONTRACTOR

The contractor shall ensure full compliance with tax laws of India with regard to this contract and shall be solely responsible for the same. The contractor shall submit copies of acknowledgements evidencing filing of returns every year and shall keep the Employer fully indemnified against liability of tax, interest, penalty etc. of the contractor in respect thereof, which may arise.


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7.0 JURISDICTION OF COURT

The courts at Delhi/New Delhi shall have the exclusive jurisdiction to try all disputes arising out of this agreement between the parties.

8.0 It is agreed that DMRC Ltd. can change/add/delete any condition to this

agreement. And the contractor is bound to make all arrangement for necessary compliance of the same.

IN WITNESS WHEREOF the parties hereto have caused their respective common seals to be here unto affixed/(or have here unto set their respective hands and seal) the day and year first above written. For and on behalf of the Contractor For & on behalf of the Employer Signature of the authorized official Signature of authorized official Name of the official Name of the official Stamp /Seal of the Contractor Stamp /Seal of the Employer SIGNED, SEAL AND DELIVERED By the said By the said _________________ Name _________________ Name on behalf of the contractor in on behalf of the Employer the presence of ; in the presence of ; Witness ______________ Witness ______________ Name _________________ Name _________________ Address _______________ Address _______________ ______________________ ______________________ ______________________ ______________________ Note: * Blanks to be filled by the Employer at the time of finalization of Agreement


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ANNEXURE TO THE CONTRACT AGREEMENT Contents

1 DEFINITIONS AND INTERPRETATION 2 THE OPERATION CONTRACTOR‟S OBLIGATIONS 3 EMPLOYER‟S OBLIGATIONS 4 COMMENCEMENT AND TERM OF THE CONTRACT TWO YEARS. 5 FAILURE TO PERFORM SERVICES 6 LIQUIDATED DAMAGES FOR FAILURE TO PERFORM 7 CARE OF THE EQUIPMENT AND TOOLS 8 WARRANTY 9 PAYMENT 10 PERFORMANCE BANK GUARANTEE 11 THE OPERATION CONTRACTOR‟S BHS MANAGER AND KEY PERSONNEL 12 EMPLOYER‟S REPRESENTATIVE 13 SUB-CONTRACTING 14 NOTICES 15 ASSIGNMENT 16 TERMINATION OF THIS CONTRACT 17 CONSEQUENCES OF TERMINATION 18 INDEMNITY 19 INSURANCES 20 CONFIDENTIALITY 21 INTELLECTUAL PROPERTY 22 GENERAL 23 VARIATIONS 24 GOVERNING LAW 25 DISPUTE RESOLUTION SCHEDULE 1 - THE OPERATION SERVICES FEE SCHEDULE 2 - THE SERVICES SCHEDULE 3 - LIST OF TOOLS SCHEDULE 4 - MANAGEMENT OF THE SERVICES SCHEDULE 5 - PERFORMANCE OF THE SERVICES SCHEDULE 6 - HANDOVER OF THE SERVICES SCHEDULE 7 - MINIMUM NUMBER OF MANPOWER RESOURCES SCHEDULE 8 - FORM OF PERFORMANCE BANK GUARANTEE 26 TERMS & CONDITIONS OF THE CONTRACT 27 GENERAL CONDITIONS OF CONTRACT


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THIS AGREEMENT WITNESSETH AS FOLLOWS: 1 DEFINITIONS AND INTERPRETATION 1.1 In this Contract, the following words and expressions shall have the following

meanings: “Additional Services” means services of the kind described in Part II of Schedule

2 which shall be provided by the Operation Contractor on the request of the Employer;

“Affected Party” shall have the meaning assigned to in force majeure; “Applicable Laws“ means all laws, in force and effect, as of the date hereof, and

which may be promulgated or brought into force and effect hereinafter in India including any revisions, amendments or re-enactments including without limitation regulations, rules and notifications made there under and judgments, decrees, injunctions, writs and orders of any court or regulators or quasi judicial body or any appropriate authorities, as may be in force and effect during the subsistence of the Contract;

“BHS System” means all equipment and systems constituting the baggage handling system at all the three stations namely New Delhi, Shivaji Stadium, Airport, all the trains (BHS train equipment) and the Airport BHS Tunnel;

“BHS Contract” means the contracts for the design, manufacture, supply, testing and commissioning of the BHS System between the Employer and the BHS Contractors;

“BHS Contractor” means the contractors who have been awarded the BHS Contracts, Operation Contractor will also constitute the same meaning;

“Business Day” means a day other than a Sunday or a public holiday on which the banks are open for business in Delhi;

“Civil Infrastructure” means the completed Civil Infrastructure Works; “Civil Infrastructure Works” means works other than in relation to Rail Systems

Equipment designed and constructed by Designated Contractors for the Project; “Commencement Date” means with respect to the Operation Services, the

Commercial Operations Date and with respect to the management of the Services and implementation of the Operation Services Plan as described in Schedule 4, a date to be agreed between the Operation Contractor and the Employer

“Commercial Operations Date” means the commercial operation date defined in the Concession Agreement;

“Consumable Spares” means the spare parts which are required to be replaced with new spare parts due to wear and tear and are not repairable or are beyond economic repair;

“Contract” means this operation contract, including all Schedules now or hereafter made a part of it. In the event of any inconsistency between any of the Schedules and the operation contract, the terms of the operation contract shall prevail;

“Contract Interest Rate” means, in respect of sums denominated in Rupees, the rate equivalent to two hundred (200) basis points above the rate per annum from time to time announced by the State Bank of India to be its prime lending rate for loans in Rupees;

“Contract Spares” means the set of spares provided by the BHS Contractor to the Employer under the BHS Contract which will be made available by the Employer to the Operation Contractor, before the Commencement Date;

“Defects Liability Period" means a period of twenty four (24) months from the date of issuance of provisional taking over certificate issued to the BHS Contractor under the BHS Contract;

“Depot" means all areas within the depot site and includes all buildings, tracks and roadways and equipment as well as all utility installations necessary for the operation of the BHS System;


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“Designated Contractors” means a person other than the Operation Contractor who undertakes a Designated Contract;

“Designated Contracts” means the contracts between the Employer and any third party contractors for works or services related to the Project other than the Contract; “DMRC” means Delhi Metro Rail Corporation;

“Emergency” shall mean a condition or situation that is likely to endanger the safety of individuals or environment on or near the Project including users thereof or which poses an immediate threat or material damage to any part of the Project or to the environment;

“Employer's Representative” means the person nominated or appointed from time to time by the Employer to act as its representative for the purpose of this Contract and notified as such in writing to the Operation Contractor;

“Expiry Date” means the date on which the Operation Contractor‟s obligations to provide the Services will cease.

“Fault Tracking System” shall have the same meaning assigned to in Clause 1.1.2 (vi) of the Schedule-2;

“Fee” means the fees payable to the Operation Contractor pursuant to the Contract as described in Schedule 1;

“Force Majeure” shall have the meaning ascribed to in the document; “Good Industry Practice” means exercising highest degree of skill, diligence,

prudence and foresight in compliance with the obligations under the Contract which would be expected from a skilled and experienced person engaged in providing services of the type, nature and scope similar to that of the Services;

“Good Working Order” means a condition suitable for performing the intended function as provided in the Operation Contract to the required performance levels and having been maintained and operated in a condition of fair wear and tear and commensurate with the age of the equipment;

“Latent Defects Liability Period" means the period commencing from the date of expiry of the Defects Liability Period and up to the expiry of the period specified in the BHS Contract;

“Lenders” means banks, financial institutions and other agencies who provide or re-finance the debt component of the cost of the Project (including subordinated debt, if any) and includes any subscriber to the debentures/bonds to meet the cost of the Project;

“Line Replaceable Units” means components or modules of the BHS System which can be replaced in case of failure by another new and working component or module to restore the BHS System to its normal working condition;

“Operation Contract” means the contract for the operation of the BHS System; “Operation Equipment” means tools, jigs, fixtures, plant and machinery, vehicles,

testing and other special equipment handed over by the Employer to the Operation Contractor for use in the performance of the Services; “Operation Plan” means a plan prepared and submitted by the BHS Contractor for the operation of the BHS System as part of the operation and maintenance manual;

“Operation Services” means the services relating to the operation of the BHS System to be provided by the Operation Contractor pursuant to this Contract as detailed in Part I of Schedule 2;

"Operation Service Period" means the period beginning from 01.08.2014 to 31.07.2016;

“Operation Services Plan” means the plan developed from the Operation Plan by the Operation Contractor in accordance with Schedule 4;

“Operation Contractor” means any person engaged by the Employer for providing operation services in relation to the Contract;


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“Operation Procedures” means a set of controlled documentation issued by the Operation Contractor as amended from time to time for use by the operating and maintenance personnel engaged in the operation of the Contract;

“Panel” shall have the meaning assigned to in the document; “Project” means the development, design, financing, procurement, engineering,

construction, operation and maintenance of the mass rapid transit system as contemplated under the Concession Agreement;

“BHS Manager” shall have the meaning assigned to it in Clause 11.1; “Quarter” means a period of three (3) successive calendar months; “Rail Systems Equipment” means all equipments and systems designed,

manufactured, supplied, tested and commissioned for the Project under the Designated Contracts, other than the BHS Contract;

“Repairable Spares” means the spare parts not classified as Consumable Spares and Line Replaceable Units that are required to be repaired by the Operation Contractor so as to operate the BHS System in normal operating condition;

“Revenue Service” means the commencement of operations of the Project immediately after the Commercial Operation Date, for public use;

“Rule Book” means the general safety instructions and code of behaviour in relation to the Works and the Services, as amended from time to time and set down in a handbook;

“Scheduled Service” means the provision of Revenue Service according to a predetermined Working Timetable;

“Services” means the Operation Services, the Additional Services and all preparations necessary thereto, including the hiring and training of personnel and the purchase of consumables and/or materials;

"Service Performance Targets" shall have the meaning as assigned under Schedule 5;

“SHE Conditions” means the document issued by the Employer containing the requirements and conditions to be met with respect to safety, health and environment aspects during the execution and operation of the Project;

“Spares” means all Repairable Spares and Consumable Spares required for the BHS System, including Contract Spares and Supplementary Spares;

“Supplementary Spares” means those spares procured by the Operation Contractor to supplement the Contract Spares in order to perform the Services as deemed necessary by the Operation Contractor;

“Trial Runs” means the operation of the Project to simulate operation and emergency procedures in public service, with the exception that fare paying passengers are not carried;

“Working Timetable” means the train timetable used by the Employer setting out the timing and details of train movements which is not available to the general public; and

“Works” means all obligations of the Operation Contractor under the Contract.

1.2 In the interpretation of this Contract, unless the context otherwise requires: i) references to particular clauses, sub clauses or schedules are to Clauses,

Sub clauses or Schedules of or to this Contract; ii) “day” shall include public holidays, Saturdays and Sundays; iii) “person” includes a company, partnership, natural persons, bodies corporate

and associations, whether incorporated or not or any other organisation or entity including any governmental department or agency thereof;

iv) the singular includes the plural and vice versa; v) words importing any gender include every gender; vi) the headings are inserted for convenience only and are to be ignored for the

purposes of construction; vii) the word “including” shall be construed without limitation;


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viii) Any reference herein to a statutory provision shall include such provision, as is in force for the time being and as from time to time, amended or re-enacted in so for as such amendment or re-enactment is capable of being applied to any transaction covered by this Contract; and

ix) All communications including consent and all notices by one party to the other shall be in writing.

2 THE OPERATION CONTRACTOR‟S OBLIGATIONS The Employer hereby engages the Operation Contractor to render and provide the

Services and the Operation Contractor hereby agrees to provide the Services in consideration of the Fee and subject to the terms and conditions of this Contract.

2.1 The Operation Contractor shall in accordance with the terms and conditions of this Contract, perform the Services and its obligations under this Contract in accordance with Good Industry Practice and with the skill, care and diligence to be expected of an appropriately qualified and professional operation contractor experienced in carrying out operation work for a system of a similar type, nature and complexity to the BHS System.

2.2 The Operation Contractor undertakes that the BHS System shall meet the Service Performance Targets set out in Schedule 5 and that it shall pay liquidated damages in accordance with the provisions of Clause 6 if it fails to meet such targets.

2.3 The Operation Contractor shall set up and operate the operation-organisation within the principles of ISO 9001.

2.4 The tools shall be provided in accordance with the provisions of Schedule 3. The Operation Contractor shall provide any additional materials, plants, equipment, etc., as may be necessary for the performance of the Services, the cost of which shall be reimbursed on actual-basis.

2.5 The Operation Contractor shall provide the Employer with plans, programmes and other documents relating to the performance of the Services in accordance with the requirements of Schedule 4. The Operation Contractor shall, in addition, provide the Employer, with a detailed programme of the planned Operation Services that are to be carried out in Contract Year. The format and the contents of this programme shall be mutually agreed between the Employer and the Operation Contractor. This programme shall be subject to the written approval of the Employer. If the Employer fails to respond to the submitted programme within thirty (30) days from the date of receipt, the Employer shall be deemed to have approved the programme.

2.6 The Operation Contractor shall co-ordinate the performance of the Services with the operation and maintenance of other parts of the Project, carried out by the Employer or the O&M Contractor or the Designated Contractors, so as to avoid/ minimise disruption to the operation of the Project.

2.7 The Operation Contractor shall maintain a team of appropriately qualified/ skilled, trustworthy and experienced personnel in sufficient numbers and mix of skills to satisfy the requirements of this Contract. The Operation Contractor shall also be required to comply with the physical fitness and other standards laid down by the O&M Contractor/Employer in respect of employment of personnel for providing the Services and if required by the Employer or the O&M Contractor provide evidence of such compliance. Team composition and resume of key personnel of Operation Contractor along with organisation chart shall be attached to the Operation Services Plan. Any key personnel appointed by the Operation Contractor and notified to the Employer in terms of this Clause shall not be removed or substituted without the prior written consent of the Employer.

2.8 The Operation Contractor shall keep the Employer informed of and shall offer to the Employer, as soon as they are issued, all substantially revised or improved versions of the operation documents incorporated in the BHS System which correct errors or imperfections in, or add to or enhance the functions of, the BHS


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System. Consequently, such revision or improvement shall be subject to the requirements of this Contract as though they had originally been incorporated in the definition of the “BHS System” and the Services shall apply equally to all such revised or improved versions of the BHS System or any part or parts of the BHS System as though they had originally been incorporated under the terms of the BHS Contract. The Employer may require the Operation Contractor to upgrade the hardware or software incorporated in the BHS System and the Operation Contractor shall comply with such requirements upon being so notified by the Employer in writing. It is agreed between the Parties that consequent to such up gradation, the Service Performance Targets may be revised. Any expenses incurred by the Operation Contractor in performing such upgrade, revision or improvement shall be compensated as Additional Services. In addition to above, the Employer may also get hardware or software forming part of the BHS System upgraded through either the BHS Contractor or any other person. Such upgrades shall thereupon be deemed to be incorporated into the definition of the term “BHS System”. Consequently such revision or improvement shall be subject to the requirements of this Contract as though they had originally been incorporated in the definition of the “BHS System” and the Services shall apply equally to all such revised or improved versions of the BHS System or any part or parts of the BHS System as though they had originally been installed under the terms of the BHS Contract.

2.9 The Operation Contractor shall fully comply with the safety considerations (relating to its personnel, personnel of Designated Contractors, personnel of the Employer and the public) and shall perform the Services so as to minimise the danger of injury to any such person in line with the SHE Conditions and the Rule Book.

2.10 The Operation Contractor shall provide continuing support and assistance to the Employer‟s operations personnel both, on-site and off-site as required by the Employer and notified to the Operation Contractor from time to time. This shall include acceptance of instructions from the Employer‟s Representative in the event of Emergency or degraded operating scenarios.

2.11 The Operation Contractor shall not be relieved of any of its obligations under this Contract and shall not be entitled to claim any relief from the Employer, including additional payment, on the ground that any defect in the BHS System is the responsibility of the BHS Contractor, except when the Operation Contractor reasonably proves that such defect has been caused by any shortcoming of the BHS Contractor. Further, the Operation Contractor shall not be entitled to claim any relief for defects in the works performed under the maintenance contracts for the Project, unless such defects are reasonably proved by the Operation Contractor to be due to any shortcomings of the maintenance contractors.

2.12 The Operation Contractor shall, if so requested in writing by the Employer, provide any Additional Services and shall be paid for such Additional Services as provided in Clause 8 of Schedule 1.

2.13 The Operation Contractor has perused the requirements of the Concession Agreement, related to the BHS System, and is fully aware of the requirements thereof. The Operation Contractor shall so perform the Services so as not to cause or contribute to any breach of the Agreement.

2.14 The Operation Contractor shall commence its preparation for the performance of the Services one month before the proposed Commencement Date so that it has all documents required for carrying out the Services in the required form and a full complement of personnel capable of performing the Services during the time of Trial Runs.

2.15 There may be modifications in the manpower requirements as per the requirement and will be deployed with prior approval of DMRC.


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2.16 The Operation Contractor shall make alternative arrangements, on best-effort basis, in case of emergencies like train-stalling etc., to transport baggage to the destination. The actual cost incurred in this regard shall be reimbursed by the Employer on furnishing of relevant particulars.

2.17 The Services to be performed by the Operation Contractor shall be co-coordinated with the works or services performed by the Designated Contractors (including the Employer and the O&M Contractor) and such co-ordination is imperative for the successful operations of the Project. The Operation Contractor shall not impede and shall afford all necessary facilities, access and/or services to the Designated Contractors (including their subcontractors), utility undertakings and other relevant authorities who are carrying out any services or works in relation to the Project.

2.18 The Operation Contractor shall ensure compliance with all Applicable Laws, including laws relating to labor employed by it, during the performance of its obligations under the Contract.

2.19 The operator shall take care of all passes and licenses required for executing the Works, for example BCAS passes. It is agreed that the cost of BCAS passes shall be beared by the Contractor.

2.20 Operation Contractor shall provide the Employer with a manpower plan to facilitate the Employer in determining the Employer's organization. The manpower plan to be submitted by the Operation Contractor shall, inter alia, specify the estimated number of Employer's personnel which shall be required for the operation of the BHS System after the expiry of the Operation Service Period, the skill-set to be possessed by the Employer's personnel and such other details as may be required by the Employer to enable it to carry out operation of the BHS System after the expiry of the Operation Service Period.

2.21 The Operation Contractor acknowledges and agrees that it shall provide all necessary training, technology transfer and technical expertise to the extent reasonably required to enable the Employer‟s/ O&M Contractor‟s personnel to undertake operation of BHS System after the expiry of the Contract. Specifically, the Operation Contractor shall, in a phased manner, associate Employer‟s/ O&M Contractor‟s personnel in carrying out all Operation Services under the supervision of the Operation Contractor such that the personnel get direct on the job training and experience of undertaking operation of the BHS System after the expiry of the Contract. The Operation Contractor agrees that the same shall be provided at no extra cost and nothing in this Clause 2.21 shall dilute the Operation Contractor‟s obligation to achieve the Service Performance Targets specified under the Contract. Without limiting the generality of the foregoing, the Operation Contractor shall particularly provide the Operation Services specified in Schedule 2.

3 EMPLOYER‟S OBLIGATIONS 3.1 The Employer undertakes to ensure that the Operation Contractor‟s personnel, its

agents and subcontractors‟ personnel shall have reasonable access to all parts of the Project site as may be required to perform the Services, subject to the restrictions on access necessary for the security of the Project or as set out in the O&M Procedures and Rule Book. Such access shall include the right to use the Depot for the purpose of performing the Services and storing equipment necessary for performance of the Services. This right of access will also be subject to the Operation Contractor‟s approved programme of Works.

3.2 The Employer may at its sole discretion issue passes to the Operation Contractor‟s employees giving access to various areas of the Project as may be necessary including, where necessary for the performance of the Services, free travel on trains operating for Revenue Service.

3.3 In addition to the above, the Employer shall provide all necessary assistance to the Operation Contractor for providing the Services under this Contract.


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4 COMMENCEMENT AND TERM OF THE CONTRACT 4.1 Operation Contractor shall commence the Services w. e .f 01.08.2014 or as per

the Letter of Acceptance issued to successful bidder for two year up to 31.07.2016 in accordance with Good Industry Practice, Clause 2.5 and Schedule 4 (subject to any amendment thereto approved by the Employer) and shall proceed with the same with due diligence.

4.2 The personnel proposed to be engaged by the Operation Contractor for providing the Services shall be actively associated for carrying out operation work during testing, Trial Runs and commissioning stage.

4.3 This Contract shall continue in full force and effect until the Expiry Date, unless terminated earlier in accordance with the terms of the Contract.

4.4 Not less than six (6) months prior to the Expiry Date, the Employer shall either: i) request the Operation Contractor by notice in writing to extend the term of

the Contract on the same terms and conditions of this Contract (except for Fee which shall be mutually agreed for a suitable change) and the Contractor shall agree to the request of such extension and the Parties shall enter into a fresh agreement for the continuation of the Services); or

ii) Give the Operation Contractor a notice in writing that the Employer does not wish to extend the Contract and the Contract shall expire on the Expiry Date.

5 FAILURE TO PERFORM SERVICES 5.1 When the Employer has reason to believe that the operation of the system may be

likely to fail or adversely affected or may present a hazard to the safety of personnel or passengers or where an actual hazard or failure is identified, the Operation Contractor shall, on the instruction of the Employer, provide without delay the personnel, equipment and materials necessary to effect the required maintenance or repair. The Operation Contractor shall not be relieved, of the duty to repair promptly any defect in the BHS System, by reason of the fact that provision for hardware redundancy has been made in or in relation to the defective element.

5.2 Where the Operation Contractor fails to carry out any of its obligations in accordance with this Contract, the Employer shall give a seven (7) days written notice to the Operation Contractor setting out the non-compliance under the Contract. If the Operation Contractor fails to carry out its obligations, the Employer shall be at liberty to appoint on a temporary basis an alternate contractor to carry out the Services and recover all costs and expenses arising from the exercise of this right from the Operation Contractor. Any alternate contractor appointed under this Clause by the Employer shall have the right to use all equipment belonging to the Operation Contractor and shall also have the right of access to all documentation and records held by the Operation Contractor.

6 LIQUIDATED DAMAGES FOR FAILURE TO PERFORM 6.1 If, in any Quarter in a Contract Year, the BHS System fails to meet the Service

Performance Targets set out in Schedule 5, the Operation Contractor shall pay to the Employer liquidated damages in the amount specified in this Clause.

6.2 The procedures for assessing, whether the BHS System has met its defined Service Performance Targets, are set out in Schedule 5. The Employer shall provide details with appropriate back-up documentation to the Operation Contractor as to whether the BHS System has met these targets during the relevant period.

6.3 The Parties agree that all sums payable pursuant to this Clause shall be a fair and reasonable, genuine pre-estimate of the loss likely to be suffered by the Employer if the BHS System fails to meet its Service Performance Targets. Such liquidated damages may be deducted or recovered by the Employer from sums due to the Operation Contractor or shall be payable by the Operation Contractor on demand


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failing which the liquidated damages shall be recovered by the Employer as a debt due from the Operation Contractor.

6.4 The payment of liquidated damages shall not relieve the Operation Contractor from its obligation to ensure performance or from any of its other obligations and liabilities under this Contract.

6.5 In no event shall the Operation Contractor be relieved of its liability to pay liquidated damages for failure to meet the Service Performance Targets by reason of: i) the failure of the Employer to provide suitable operations and maintenance

manuals; ii) any insufficiency in the supply of facilities (including power, lighting, water

supply, compressed air, etc.) or equipment provided that the Employer had given sufficient advance notice to the Operation Contractor in this regard and had advised the Operation Contractor to make alternate provisions for the same with the understanding that the cost of the same shall be reimbursed to the Operation Contractor separately; or

iii) Any deficiency in the specification or number of items of equipment. 6.6 If the BHS System are consistently unable to meet the Service Performance

Targets as per Schedule 5 then the Operation Contractor shall, at its own cost and subject to the Employer‟s approval, carry out all necessary works to ensure that the BHS System attain these Service Performance Targets within the next two (2) consecutive Quarters.

6.7 The total amount of liquidated damages payable by the Operation Contractor shall be calculated as per Schedule 5.

6.8 Maximum Liquidated Damages in a Contract Year The maximum amount of liquidated damages payable in each Contract Year shall be limited to ten (10) % of the Fee payable to the Operation Contractor for the Contract Year. In the event in any year the amount of liquidated damages payable exceeds Ten (10) %, this shall give the Employer the right to terminate the Contract.

6.9 Reward for better performance If the liquidated damages payable by the Operation Contractor in any quarter stay within 5% of the quarterly maximum liquidated damages applicable, the Employer may consider a graded refund of liquidated damages paid for the previous quarter.

6.10 Liquidated Damages Owed on Expiry or Termination Any amount of liquidated damages which has not been recovered by the Employer at the date of expiry or termination of this Contract shall be recoverable as a debt owed to the Employer by the Operation Contractor and shall be paid to the Employer within thirty (30) days of the expiry or termination.

7 CARE OF THE EQUIPMENT AND TOOLS 7.1 Equipment and specialized tools provided by the BHS Contractor are already with

the care of the Operation Contractor. The Operation Contractor shall take full responsibility for the care of such equipment and tools from the day when they are handed over to it, until the Expiry Date or early termination (for whatever reason) of the Contract, when the equipment and tools shall be handed over to the Employer in accordance with Schedules 3 and 6, normal wear and tear being acceptable.

7.2 All equipment and tools shall be stored at the Employer‟s premises, may only be used for the performance of the Services, and shall not be removed or replaced without the prior written consent of the Employer, except in the case of an Emergency.

7.3 In the event that the supply of equipment or tools is insufficient for the Operation Contractor to adequately perform the Services, the Operation Contractor shall provide such supplementary equipment and tools as shall be necessary to


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perform the Services and the cost for the same shall be mutually agreed between the Parties.

7.4 The Operation Contractor shall maintain in Good Working Order all equipment and tools throughout the period of the Contract.

8 WARRANTY 8.1 The Employer may assign any or all warranties (including Defects Liability Period

and Latent Defect Liability Period) on the BHS System and/or any equipment available to the Employer under the BHS Contract and/or any Designated Contract, in favour of the Operation Contractor, if maintenance of such equipment is within the scope of the Operation Services. Provided that, if chosen to be assigned by the Employer, such warranties of the BHS Contractors shall be assigned together to the Operation Contractor rather than either of them.

8.2 The equipment provided under the BHS Contract may carry remaining warranty benefits from the original manufacturers that will be assigned to the Operation Contractor by the Employer. The Operation Contractor shall be responsible for maintaining records of warranty claims and remaining warranty periods for the inspection of the Employer.

8.3 The Operation Contractor shall not be relieved of any of its obligations and responsibilities under the Contract in the event of any failure to perform by the equipment supplier under the warranties.

8.4 Where the Employer and the Operation Contractor agree to the inclusion of certain services in relation to the Project not forming part of the BHS System in the scope of the Operation Services in accordance with the Contract, any warranty available to the Employer (in relation to such services) may be assigned to the Operation Contractor. The Operation Contractor shall be responsible for maintaining records of warranty claims and remaining periods of warranty for the inspection of the Employer.

9 PAYMENT The Employer shall pay to the Operation Contractor the monthly Fee as specified in Schedule 1. Payments shall be cleared timely however no interest shall be paid for the delayed payment by the employer.

10 THE OPERATION CONTRACTOR‟S BHS MANAGER AND KEY PERSONNEL 10.1 The Operation Contractor shall designate an appropriately qualified, capable and

experienced individual approved by the Employer as its BHS manager for this Contract (“BHS Manager”).

10.2 The BHS Manager shall:- i) have ready access to any relevant information requested by the Employer

and be fully authorised to make all decisions with regard to the performance of the Services; and

ii) be based in Delhi and attend and contribute to meetings regarding the operation, maintenance and performance of the BHS System, whenever requested by the Employer‟s Representative.

10.3 The Operation Contractor shall, designate qualified key personnel with responsibility for the overall performance of the Services to implement the operation and maintenance safety plan, to implement the operation and maintenance quality assurance plan and to operate and maintain the computerised planning, inventory and the Fault Tracking System. The Operation Contractor shall submit detailed curriculum vitae in respect of such designated key personnel and the Employer shall be entitled to interview such key personnel before their appointments are confirmed. The Operation Contractor shall endeavour to ensure that designated key personnel retain their position for a period of at least twenty four (24) months.

10.4 The Operation Contractor shall submit detailed curriculum vitae in respect of any replacement key personnel. The cost of replacement of any key personnel shall be borne by the Operation Contractor.


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10.5 The Operation Contractor shall employ, as a minimum, the manpower resources as stipulated in Schedule 7 of this Contract.

10.6 In case of short deployment by more than 10% of the minimum number of required manpower as per the Contract requirement, a penalty of 125% of the actual cost saved by the Operation Contractor in doing so shall be levied on the Operation Contractor.

10.7 All manpower & other resources, meant for BHS operation, are to be utilised by the Operation Contractor exclusively for BHS operation and shall not be shared with any other activity of the Operation Contractor.

10.8 Whenever any staff/employee of the Operation Contractor is found in unauthorized possession of materials, articles, goods or assets, such person shall be immediately placed under suspension and shall be promptly replaced by the Operation Contractor.

10.9 The organization structure of the BHS operation team shall be such that all the BHS loaders, BHS tunnel loaders, BHS operators, and SCADA operators shall be functionally and administratively reporting to the BHS supervisor. The BHS Operation Supervisor in turn shall report functionally & administratively to the BHS Operation Manager.

10.10 If the Employer so orders in writing, with reasons, the Operation Contractor shall remove any member of its personnel from the performance of the Services and replace him with a suitably qualified and experienced substitute in accordance with Clause 10.4.

11 EMPLOYER‟S REPRESENTATIVE 11.1 The Employer may appoint a person or entity (the “Employer‟s Representative”)

to act for and on behalf of the Employer in matters connected with this Contract and to liaise with the BHS Operation Manager.

11.2 The Employer shall have the right at any time to change the Employer‟s Representative by notice in writing to the Operation Contractor.

11.3 The Employer may from time to time, by written notice to the Operation Contractor stating which function, power or authority is thereby delegated and the person or persons concerned thereby, delegate any or all of its powers under the Contract to the Employer's Representative and may, by written notice to the Operation Contractor, vary or revoke any such delegation.

11.4 Upon appointment of the Employer‟s Representative:- i) The Operation Contractor shall receive all instructions from and address all

communications to the Employer‟s Representative, except as provided in Clause 2.6 above, any requests or instructions to perform work from any other source shall be brought to the attention of the Employer‟s Representative prior to commencing such work.

ii) The Operation Contractor shall make available to the Employer‟s Representative, upon the Employer‟s Representative's reasonable request, any information, documents or samples relating to the performance of the Services.

iii) The Employer's Representative may, with the prior approval of the Employer, from time to time and to the extent it thinks fit, delegate any of the powers, functions and authorities vested in it to an assistant or assistants and may at any time revoke any such delegation. Any such delegation or revocation shall be in writing, signed by the Employer's Representative and shall state which power, function or authority is thereby delegated or which delegation is revoked and the person or persons concerned thereby. No such delegation or revocation shall have effect until the Operation Contractor has been informed of (a) the delegation and (b) the identity of the assistant. Any power, function or authority exercised by any assistant of the Employer's Representative shall be deemed to have been exercised by the Employer's Representative. Any written


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communication between the Operation Contractor and any assistant of the Employer‟s Representative shall immediately and contemporaneously be copied by the Operation Contractor to the Employer‟s Representative.

iv) If the Operation Contractor is dissatisfied by reason of any instruction of such an Employer‟s Representative‟s assistant or any person to whom any powers, functions or authorities have been delegated pursuant to Clause 11.4 (iii) it shall be entitled to refer the matter to the Employer's Representative who shall thereupon confirm, reverse or vary such instruction.

v) If, in the opinion of an assistant of the Employer's Representative whose identity has been disclosed to the Operation Contractor, an Emergency occurs affecting or threatening the safety or security of life or of the Works or of any adjoining property, such assistant may direct the Operation Contractor to carry out such work and to so act as may be necessary in the opinion of such assistant in order to prevent or reduce such Emergency or the effects thereof. The Operation Contractor shall forthwith comply with any such direction of an assistant of the Employer's Representative in such circumstances, and such direction shall be deemed to have been given by the Employer's Representative. The Employer's Representative shall, as soon as practicable thereafter, confirm or endorse such direction in writing.

11.5 Till such time an Employer‟s Representative is not appointed, all functions, powers and authorities delegated to the Employer‟s Representative under this Clause shall remain with the Employer.

12 ASSIGNMENT 12.1 The Employer may at any time during the Contract period assign its rights and

obligations under this Contract or any part thereof to any of its affiliates, DMRC, Lenders (or any agent or trustee acting on their behalf) or to O&M Contractor without the consent of the Operation Contractor being required. The Operation Contractor shall take all steps as may be required to give effect to the above assignment by the Employer and shall sign all documents/agreements as may be required by the Employer.

12.2 The Employer may assign its rights under this Contract or any part thereof to any persons other than specified in Clause 12.1 without the consent of the Operation Contractor provided that the Employer shall use its best efforts to ensure that the party to whom the benefits and obligations under the Contract or any part thereof and any interest therein has been assigned, has the necessary financial capability and the technical expertise to comply with the Employer's obligations under the Contract.

12.3 The Operation Contractor shall not assign, transfer or charge any of its obligations under this Contract in whole or in part without the prior written consent of the Employer.

13 TERMINATION OF THIS CONTRACT 13.1 Termination by the Employer:

(i) If the Operation Contractor is in default under any of its obligations under this Contract, the Employer shall give notice in writing to the Operation Contractor to rectify such default within a period deemed appropriate by the Employer but shall not be less than fourteen (14) days and in case the default is critical or affects the passenger revenue, a period not more than seven (7) days. If the Operation Contractor fails to so rectify such default within the period given by the Employer, the Employer shall have the right to terminate the Contract forthwith without giving any further notice.

(ii) If the Operation Contractor becomes bankrupt or makes any composition, or arrangement with its creditors or has a proposal in respect of its company for a voluntary arrangement, or has an application made for the


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appointment of an administrator, or has a winding-up order made, or (except for the purposes of reconstruction) a resolution for voluntary winding-up passed, or a receiver or manager of its business is duly appointed, or has an administrative receiver appointed, or if possession is taken by or on behalf of any creditor of any property, or shall suffer any analogous proceedings under the Applicable Laws of the jurisdiction to which it is subject, then the employment of the Operation Contractor under this Contract shall be forthwith automatically terminated.

(iii) The Employer may terminate the Contract for convenience, by giving a one month notice to the Operation Contractor. Whereas, the Operation Contractor may terminate the Contract for convenience, by giving six months notice to the Employer.

(v) If the Contractor fails to furnish or renew the performance bank guarantee within the time period provided in this Contract.

(vi) If the Contractor makes any warranty or representation in or in accordance with the Contract which was materially incorrect when made so as to materially affect the Employer's interests;

(vii) If the Force Majeure events occurs and susbsits for a period of six (6) months or more within a continuous period of three hundred sixty five (365) days, the Contract may be terminated by giving thirty (30) days notice in writing.

(viii) If the Operation Contractor‟s liability for liquidated damages under the Contract for any Contract Year exceeds fifteen (15) percent of the Fee payable to the Operation Contractor for the Contract Year.

13.2 Termination by Operation Contractor If the Employer fails to make payment of any undisputed amount due to the Operation Contractor under this Contract within ninety (90) days after the due date, then the Operation Contractor may at its sole discretion serve notice of default on the Employer requiring it to remedy the Employer‟s failure to make payment within fourteen (14) days of that notice, or such longer period as the Operation Contractor may indicate in such notice of default. If the Employer‟s failure to make payment referred to in the notice served under this Clause is not remedied before the expiry of the period referred to hereinabove and set out in the notice, then the Operation Contractor may terminate this Contract by notice in writing to the Employer with immediate effect.

14 CONSEQUENCES OF TERMINATION 14.1 If this Contract is terminated, the Employer shall be entitled to recover from the

Operation Contractor all monies due and owing to the Employer prior to such termination.

14.2 Upon notice of termination hereunder, the Operation Contractor shall co-operate closely with the Employer and shall in good faith take all actions necessary to complete in a proper manner the activities of the Operation Contractor, its suppliers and agents in relation to the Services and shall return any and all property and equipment belonging to or claimed by the Employer (including such property and equipment under the control of any subcontractor of the Operation Contractor) as set down in Schedule-6. The Operation Contractor shall not be entitled to payment or compensation of any nature whatsoever, where Operation Contractor is in breach of any of its obligations under the Contract or its actions or non-action has led to the termination of the Concession Agreement.

14.3 Upon termination of the Contract, the Operation Contractor shall be entitled to any amount already due and payable to it but not paid. The Employer shall not under any circumstances be liable to the Operation Contractor for any loss of profit, loss of contracts or other losses or expenses. The Operation Contractor shall deliver in both hard and soft copy, as available with it, to the Employer immediately, all procedures, historical records, documents, plans, drawings, specifications and


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other material (whether in the course of preparation or completed and including all tools on order) in its possession or under its control relating to the Services. On termination the Operation Contractor shall, if the Employer so instructs, assign all its rights and obligations under the subcontracts relating to the Services in favour of the Employer or any of its nominee. If the Contract is terminated due to any default of the Operation Contractor, the Employer shall in addition to any remedy available to it under the Contract or any Applicable Law, be entitled to encash the performance bank guarantee to recover the costs and expenses, losses or damages only to the extent actually suffered by the Employer.

14.4 Notwithstanding anything in the Contract, upon the termination of the Contract for any reason whatsoever, the Employer may require the Operation Contractor to continue to provide the Services in accordance with the provisions of the Contract till such time the Employer identifies a suitable third party for the provision of the Services and, upon such identification, the Operation Contractor shall provide such assistance as may be necessary for the seamless migration of the Services to third party, identified by the Employer, to enable such third party to provide the Services, up to a maximum period of three (3) months.

15 INDEMNITY 15.1 The Operation Contractor shall be liable for and shall indemnify the Employer, its

servants, agents, and the Employer‟s Representative, against any expense, liability, loss, claim or proceedings howsoever arising at law in respect of personal injury or illness to any person (whether fatal or otherwise) or any loss under the Concession Agreement or damage to or impairment to any property whatsoever arising out of or in the course of or caused by the carrying out of the Services.

15.2 With the exception of the Operation Contractor‟s obligation to pay liquidated damages under Clause 6, and except gross negligence, wilful default of the Operation Contractor for which there is no cap on liability, the Operation Contractor shall not be liable to the Employer by way of indemnity or by reason of any breach of this Contract for any consequential or indirect loss, expense or damage or for any loss of production or profit that may be suffered by the Employer except, to the extent, if any, that recoveries in respect of any of the foregoing are obtained by the Operation Contractor under insurance effected pursuant to Clause 16. Notwithstanding anything contained in this Clause, the Operation Contractor shall indemnify, defend and hold the Employer harmless for and against loss, damage and expense of whatever kind and nature suffered/incurred by the Employer as a result of claims made against the Employer or the O&M Contractor by third parties which arise out of or relate to the breach by the Operation Contractor under this Contract, except to the extent that any such claim has arisen due to any act or omission or breach by the Employer of any of its obligations under this Contract. Notwithstanding anything contained in this Clause, the Employer shall indemnify, defend and hold the Operation Contractor harmless for and against loss, damage and expense of whatever kind and nature suffered/incurred by the Operation Contractor as a result of claims made against the Operation Contractor by Designated Contractors which arise out of or relate to any breach by the Employer under this Contract, except to the extent that any such claim has arisen due to any act or omission or breach by the Operation Contractor of any of its obligations under this Contract.

15.3 The provisions of this Clause shall survive termination of this Contract (for whatever reason).

16 INSURANCES 16.1 Employer‟s Insurances: Without limiting the Operation Contractor‟s obligations, responsibilities and

liabilities under the Contract, the Employer shall effect and maintain in force from the date of the commencement of contract period until the Expiry Period the


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following insurances under this Clause which shall be for the benefit of, and shall name as insured parties, the Employer, the Operation Contractor, its subcontractors of any tier, Lenders, Operation Contractor and such other parties that the Employer may elect:- i) All risks insurance covering, subject to the conditions, warranties and

exclusions set out therein, loss or damage to the BHS System including the equipment and tools and including the loss arising due to operation of services.

ii) All insurances required by Article 16.1 i) to be effected and maintained to the extent that such insurances are available at reasonable commercially economic terms at the time of need for placement.

iii) Insurance to cover claims of lost/damaged/delayed baggage. 16.2 Operation Contractor‟s Insurances: During the currency of the contract, the contractor shall be required to cover all

deployed personnel under following insurance policies: -

i) Accident and death. (Sum Insured @ Rs.1,00,000/- per worker)

ii) All Risk and third party cover. (Sum Insured of Rs.5,00,000/- for entire contract) Non procurement of above policies will tantamount to Violation of Terms & Conditions of Contract and necessary penalty may be imposed on the contractor as per Clause 11.0 of the Terms & Conditions of Contract. Further, necessary deductions, equivalent to premium amount for the lapse period of insurance, shall be made from the contractor‟s monthly bills.

16.3 General Provisions Regarding Insurances 16.3.1 The Operation Contractor shall provide the Employer and/or the insurance broker,

engaged by the Employer, with all such assistance and other information to effect and maintain the insurances referred to in Clause 16.1 as it may reasonably require.

16.3.2 The Employer shall provide the Operation Contractor with a copy of the policies referred to in Clause 16.1 and the Operation Contractor shall provide the Employer with a copy of the policies referred to in Clause 16.2 (together in each case with any renewals or modifications thereof). The Operation Contractor shall comply and ensure that its sub-contractors of any tier comply strictly with the terms and conditions of the said policies and all requirements of insurers in connection with the settlement of claims, the recovery of losses and the prevention of accidents and shall bear all costs incurred by itself or its sub-contractors and keep the Employer indemnified against any costs incurred by the Employer as a consequence of any failure so to comply. The Operation Contractor shall bear the cost of all excesses and/or deductibles and bear any losses falling within any exclusions or limitations applying to the said insurances (both under Clause 16.1 and 16.2) to the extent of its liability under the other terms of this Contract.

16.3.3 In respect of all insurances required under Clause 16.2 to be effected by the Operation Contractor, the Operation Contractor shall when so required by the Employer produce the receipts for the premiums or other satisfactory evidence of the continued validity of insurance cover. The Employer shall similarly produce for the Operation Contractor when requested satisfactory evidence of the continued validity of the insurances described in Clause 16.1. Any changes in any of the insurances referred to in this Contract which materially reduce the scope of cover provided shall be notified by the procuring party to the other party in advance of any such change.

16.3.4 If either party fails to effect and keep in force any of the insurances referred to in Clauses 16.1 and 16.2 the other party may effect and keep in force any such insurance and pay such premium or premiums as may be necessary for that


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purpose and recover from the defaulting Party the cost of effecting such insurance.

16.3.5 All policies of insurance naming more than one party as an insured shall to the extent commercially available contain a clause stating that the breach of a policy term, condition or warranty, express or implied, by one insured shall not prejudice the cover granted by the policy to any other insured who has not breached the term, condition or warranty.

16.3.6 The Operation Contractor shall comply with and shall cause its sub-contractors to comply with any claims or accident notification recording and investigation procedures required by the Employer in connection with the insurances referred to in this Clause 16.

16.3.7 Any payments by the insurers under the policy referred to in Clause 16.1 above shall be made to the Employer.

17 CONFIDENTIALITY 17.1 The Operation Contractor acknowledges that it may come into possession of

certain information relating to the Employer during the performance of the Services some of which shall be confidential. The Operation Contractor hereby undertakes to use such information only for the purpose for which it was supplied and, save as may be necessary for the proper performance of its obligations hereunder, to keep and treat as confidential any information which it may receive from the Employer or comes into possession of as a consequence of carrying out its duties hereunder and not to make use of such information for any purpose whatsoever except where the information is in or comes into the public domain otherwise than through the act of the Operation Contractor.

17.2 The Operation Contractor agrees that its servants, employees, sub-contractors and agents shall, on request by the Employer, enter into confidentiality undertakings with the Employer in respect of such confidential information.

17.3 The Operation Contractor shall not make any statement to any form of public media or to any professional or trade association, learned society or conference concerning this Contract, the Services or the Project without the Employer‟s prior written consent, provided that this sub-clause shall not prevent the Operation Contractor from exercising a right of reply to statements issued directly by the Employer relating specifically to the Operation Contractor‟s performance of the Services.

17.4 Clauses 17.1 and 17.2 shall apply vice versa with respect to information provided by the Operation Contractor to the Employer.

18 INTELLECTUAL PROPERTY 18.1 Except for proprietary knowledge, data, tools, software or technology or process

which the Operation Contractor employs for the Project, copyright in any intellectual property rights (including in respect of computer software) prepared by the Operation Contractor as a part of the Services shall vest in the Employer and the Operation Contractor may with prior approval of the Employer be granted an irrevocable, royalty-free licence to use the same for the operation of the BHS System.

18.2 Should the Operation Contractor need to license intellectual property rights from third parties so as to enable or facilitate the performance of the Services, it shall include in the terms of any such licence a right to assign the Operation Contractor‟s rights thereunder to the Employer for the period of this Contract.

19 GENERAL 19.1 The clauses and sub-clauses of this Contract are distinct and mutually

independent and if any provision of this Contract should be declared by a court of competent jurisdiction, invalid or unenforceable the remaining provisions shall (mutatis mutandis) remain in full force and effect as though the invalid provision had been deleted.


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19.2 Nothing herein shall constitute the Operation Contractor an agent or employee of the Employer.

19.3 No waiver of any item of this Contract by the Employer shall be deemed to be a further or continuing waiver of any other terms of this Contract.

19.4 The Operation Contractor shall, throughout the term of this Contract, take full responsibility for the safety of all of its employees or agents and shall take appropriate measures to ensure the avoidance of damage to any person in connection with the Operation Contractor‟s work under this Contract. All the Operation Contractor‟s employees or agents shall in addition, in the performance of the Services at the Employer‟s premises, comply with all safety and security regulations made by the Employer and shall carry, if appropriate, a valid security pass issued by the Employer.

IN WITNESS WHEREOF the parties hereto have caused their respective common seals to be here unto affixed/(or have here unto set their respective hands and seal) the day and year first above written. For and on behalf of the Contractor For & on behalf of the Employer Signature of the authorized official Signature of authorized official Name of the official Name of the official Stamp /Seal of the Contractor Stamp /Seal of the Employer SIGNED, SEAL AND DELIVERED By the said By the said _________________ Name _________________ Name on behalf of the contractor in on behalf of the Employer the presence of ; in the presence of ; Witness ______________ Witness ______________ Name _________________ Name _________________ Address _______________ Address _______________ ______________________ ______________________ ______________________ ______________________ Note: * Blanks to be filled by the Employer at the time of finalization of Agreement


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SCHEDULE 1 - THE OPERATION SERVICES FEE

1 The Fee is an annual lump sum fee as quoted for year of the Contract during which the Operation Services are to be provided by the Operation Contractor and includes all the costs of the Operation Contractor in providing the Operation Services, including tools procured by the Operation Contractor.

2 The Employer shall pay the monthly lump sum Fee as quoted for Contract Year in the Commercial Bid, provided that the Operation Contractor has raised a properly rendered invoice on or after the end of each month. The due date for payment shall fall thirty (30) days after receipt by the Employer, of a properly rendered invoice, by the Operation Contractor.

3 The Fee is divided into a manpower cost and cost of tools. The manpower cost covers the cost of all personnel of the Operation Contractor dedicated to the performance of the Services and all other costs and overhead (including insurance, equipment, head office support, communication and travelling expenses and the management and co-ordination of all subcontractors) necessarily incurred in the performance of the Operation Contractor‟s obligations under this Contract and a reasonable allowance for profit.

4 The break-up of annual Fee as provided by the Operation Contractor is given in Commercial Bid.

5 The Fee shall not include the cost of repair or replacement of defective equipment where this is covered by the manufacturer‟s warranty during the Defect Liability Period and the Latent Defect Liability Period assigned to the Operation Contractor as described in the Contract.

6 The Fee shall be paid in Rupees. 7 The Operation Contractor is responsible for the payment of all taxes & duties incl.

VAT and import duties on the fees of its sub-contractors and on the purchase and/or import of tools and of any equipment needed by the Operation Contractor for the performance of the Services.

8 If the Employer requires the Operation Contractor to carry out Additional Services, it shall provide a written request with details of the Additional Services required. The Operation Contractor shall provide within 14 days of receipt of such request a cost and payment schedule with a reasonable breakdown to satisfy the Employer as to its reasonableness. The Employer shall within 28 days of receipt of the cost and payment schedule negotiate with the Operation Contractor and following negotiations either accept the same and instruct the Operation Contractor to proceed or withdraw its request for Additional Services.

9 Tools specifically purchased for the performance of Additional Services with the Employer‟s approval shall be invoiced to the Employer as per the actual cost.


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SCHEDULE 2 - THE SERVICES Part I 1 The Operation Services 1.1 Scope of Operation Services 1.1.1 The Operation Services apply to all items defined as comprising the BHS System

except to the extent that parts of the Project are added to or deleted from the scope of work. Any parts of the Project added to the scope of work will be subject to all of the provisions of this Contract.

1.1.2 The Operation Services include the provision of all labour and the provision of all materials and equipment together with tools necessary for the following:- i) the planning and management as described in Schedule 4 of all routine

services. ii) the performance of all routine services, inspection, attendance, configuration

management, maintenance support, for the BHS System in accordance with the Operation Services Plan described in Schedule 4;

iii) the performance of all necessary cleaning, polishing and painting, if required in connection with the prescribed operation procedures as well as cleaning exterior and interior to ensure cleanliness during daily service;

iv) subject to the provisions of Clauses 2.12 and 5.2 of Annexure to the Contract Agreement, the correction of all defects of whatsoever nature and howsoever arising;

v) the repair of all damage, unless arising solely as a result of the act or omission of the Employer, its personnel, agents or contractors (but not the Operation Contractor or any of its subcontractors) or third parties;

vi) on finding of any kind of faults in the system during the routine service of the BHS system, the Operation Contractor shall immediately report to the authorized maintenance person and the Employer‟s Representative details of the faults, including the identity of the equipment, timing of relevant events, failure symptoms, results of fault finding, cause of failure, action taken etc. to the best extent possible. If required, the Operation Contractor shall also use the “Fault Tracking System” to enter this information.

vii) Notwithstanding the above, the Operation Contractor shall maintain detailed records of all such incidents reported to the maintenance contractors and the Employer‟s Representative. Such records shall include, but not be limited to, the following: Nature of the failure observed Time when the failure was observed Name & designation of the person who observed the failure Equipment number and other identification details to recognize the failed

component/sub-system of the BHS system Any temporary action taken by the operator to resume at least the manual

operation viii) the planning and performance of all necessary safety audits and inspections

in accordance with the requirements of the approved operation & maintenance safety plan described in Schedule 4;

ix) under Applicable Law, obtaining license or approval from inspector of Lifts (as and when required) for operation of the BHS System, including payment of necessary fee to such authority which shall be reimbursed on actuals-basis.

x) immediate action in response to a request from the Employer in the event of any major incident including all necessary support to emergency services and the Employer‟s incident manager and subsequently to assist in the Employer‟s investigation into the cause of the incident (subject to payment


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as Additional Services under the provisions of Clause 5 of Part II of this Schedule 2 if applicable);

xi) subject to the approval of the Employer, the updating, detailing and, as necessary, revision of the operations manuals and of any other operational procedures in such a way as to take account of trends of failure or of other aspects of equipment performance as recorded during operation of the BHS System;

xii) the performance of those organisation planning functions specified in Schedule 4 and the submission of the documentation to the Employer as required thereby;

xiii) the performance of such organisational, recruitment, training and personnel management services, in accordance with the documentation approved by the Employer, as are necessary to ensure that the Operation Services are at all times performed by a fully staffed organisation composed of qualified and experienced individuals;

xv) The training of the Employer's personnel. This shall be accomplished by allowing members of the Employer's personnel to attend all of the Operation Contractor's in-house training courses and examinations and participate in on-the-job training schemes, for both initial training and refresher training;

xvi) The examination of all employees recruited and trained by the Operation Contractor, first level certification by itself of all employees who meet the appropriate standard as well as getting all employees finally certified for physical fitness and other attributes as required by the Employer or the O&M Contractor.

xvii) the provision of all resources necessary for personnel training described above;

xviii) the co-ordination and planning necessary to provide for handover to the Employer of a self-sufficient operation organisation on a phased or one-time basis as required by the Employer and as further described in Schedule 6;

xix) the furnishing to the Employer of regular reports regarding the progress of the Services and prior to the commencement of the Operation Services regarding the preparations thereto as further specified in Clause 4 of Schedule 4;

xx) assistance to the Employer in producing reports relating to the performance of the Services for the Delhi Metro Airport Line Project as may be required by third parties;

xxi) assistance to the Employer in determining the cause of failures for the purpose of monitoring performance against the service level targets defined in Schedule 5;

xxii) periodic on the job training in the management and performance of the Services for the Employers personnel including training in the 6 month period prior to the expiry of the Contract or any extensions thereto;

The Operation Contractor should strictly adhere to the Environmental, Safety and Security guidelines during the execution of the Operation Contract.

2 MANDATORY REQUIREMENTS OF THE MANPOWER 2.1 BHS Operation Manager 2.1.1 The BHS Manager must be an Engineering Graduate or higher, with specialization

in Mechanical or Electrical Engineering. 2.1.2 He should have at least five (5) years of experience in managing a Metro or Airport

Baggage Handling System, or at least ten (10) years of experience of managing a similar system. In any case, the total experience of the BHS Manager shall not be less than fifteen (15) years.

2.1.3 He should have experience in people management & official reporting to management.


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2.1.4 He should have good communication skills. 2.2 BHS Supervisor 2.2.1 The BHS Supervisor must be a Diploma Engineer or higher, with specialization in

Mechanical or Electrical Engineering. 2.2.2 He should have at least one (1) year of experience in supervising a Metro or

Airport Baggage Handling System, or a similar system. 2.2.3 He should have good communication skills in English as well as local languages. 2.3 SCADA Operator (Currently these duties will be taken care by BHS Operator) 2.3.1 The BHS SCADA Operator must be an ITI Engineer or higher, with specialization

in Mechanical, Electrical or Computer Engineering. 2.3.2 He should have at least one (1) year of experience in operating a SCADA system. 2.4 BHS Operator 2.4.1 The BHS Operator must be an ITI Engineer or higher, with specialization in

Mechanical or Electrical Engineering. 2.4.2 He should have at least one (1) year of experience in operation of a similar

system. 2.5 Loader 2.5.1 The BHS Loaders must be at least a matriculate, with experience in similar jobs. 2.5.2 He should be physically fit to perform his responsibilities. 2.6 Tunnel Loader 2.6.1 The Tunnel Loader must be at least matriculates with experience in similar jobs. 2.6.2 They should be physically fit to perform their responsibilities.

3 ROLES & RESPONSIBILITIES OF INDIVIDUAL MANPOWER The operation of the BHS System shall be carried out as per the detailed operational procedure to be provided by the BHS Contractor. The minimum roles and responsibility of the individual operation staff is mentioned in the following sections. However, if the BHS manager feels the necessity of changing the roles and responsibilities of any of his operation staff, the BHS Manager and the Employer‟s Representative may mutually agree to do the modification. Any change in the roles and responsibility of the BHS manager requires the mutual agreement between the Employer's Representative and BHS Operation Contractor‟s higher management. 3.1 BHS Manager 3.1.1 The BHS Manager shall have the overall responsibility of the operation of the BHS

System to consistently deliver high-quality operation services. 3.1.2 Provide technical direction for the operation of the systems & easily recognize

system deficiencies and implement effective solutions. 3.1.3 Coordinate between all the stations including non-baggage handling stations as

appropriate & resolve all day to day operation issues on a timely manner to achieve the performance targets.


PAGE NO. 80 of 103

3.1.4 Identify resources needed, provide training, assign individual responsibilities, manage shift assignment to resources, monitor & review the performance of the operation team.

3.1.5 Responsible for creating, modifying and executing additional operation documents as required during operation and revise them as appropriate to meet changing needs and requirements of the operation.

3.1.6 Keep Employer‟s Representative and superiors well informed of status of operation services, prepare and provide operation reports, performance reports, and management reports, and liaise between operation team, Operation Contractor‟s higher management & Employer‟s Representative.

3.1.7 Communicate effectively with the Employer‟s Representative to identify needs and evaluate alternative technical solutions. He shall apply significant knowledge of industry trends and developments to improve operation of the BHS System.

3.1.8 Coordinate with other operators and stake holders of the DMAEL system with regard to the BHS Operation and if need arises, escalate appropriate issues to relevant stakeholders in a timely fashion.

3.1.9 Facilitate Employer‟s meetings related to BHS operation effectively, attend and represent baggage handling system, on need basis, in general meetings held by the Employer.

3.1.10 Make timely & appropriate arrangements to recover the bags from a failed train under emergency situation to deliver them to DIAL within a reasonable time.

3.2 BHS Supervisor 3.2.1 The supervisor shall be responsible for the smooth operation of the BHS System

for a particular station and shift, under the overall guidance of the BHS Operation Manager.

3.2.2 Under normal as well as abnormal situations, give guidance to operation staff for smooth BHS operation.

3.2.3 In case of unavailability of a train at a particular station for loading/unloading the containers, the supervisor shall call the appropriate person of the Operation Control Centre (OCC) to identify the reason for the train-delay. According to the information received from the OCC, the supervisor shall take necessary action in the BHS Operation for smooth delivery of the bags to DIAL.

3.2.4 In case of a failed train, as informed by OCC, the supervisor shall promptly inform the BHS Operation Manager and seek his guidance to carry out recovery of the bags from the failed train.

3.2.5 Under the temporary absence of the SCADA operator or BHS operator for particular time duration in a shift, he should fill the gap for uninterrupted operation of the BHS System.

3.2.6 Record and report to the BHS Operation Manager all operational data and reports as needed during the operation during his shift.

3.2.7 Provide prompt response about the BHS System to the customer care department of DMAEL when a manual or electronic query is reported.

3.2.8 Under a failure scenario, promptly report the failure to the concerned maintenance engineer in charge. Subsequently, enter all failure related information in the manual and/or electronic database system.

3.3 SCADA Operator (Currently the duties are taken care by BHS Operator) 3.3.1 The SCADA operator shall continuously monitor the BHS SCADA system to

identify abnormal conditions, alarms & events. 3.3.2 Report the failure conditions immediately to the shift BHS supervisor for necessary

corrective action under the scope of the BHS Operation. 3.3.3 Monitor the travel of baggage and immediately report to the BHS supervisor in

case there is a chance that the baggage will be delayed due to some reason, which also includes unavailability of a train to load/unload the containers.

3.3.4 Use the “Fault Tracking System” to enter failure related information.


PAGE NO. 81 of 103

3.3.5 Generate necessary reports from the BHS SCADA system and the BTS system to support the BHS supervisor for collating various data & reports.

3.4 BHS Operator 3.4.1 The BHS Operator shall load the full containers into the train and unload the empty

containers out of the train by using the local control panels provided at the platform.

3.4.2 Under manual operation, the BHS Operator shall operate the BHS hoists using the control panels provided near the hoists.

3.4.3 Under manual operation, the operator shall also operate the control panels available inside the train to load or unload containers into or out of the train.

3.4.4 The BHS Operator shall rectify minor problems in the BHS system without entering into the scope of work of the maintenance contractors.

3.4.5 The BHS Operator shall operate all the electrical panel boards of the BHS System as per the situation such as switching on/off the power distribution board, remote control panels, resetting a fault etc.

3.4.6 The BHS Operator shall also take care of the issues like bag jamming, motor overload, emergency stop conditions etc.

3.5 BHS Loaders 3.5.1 The BHS loader shall operate the handheld bar code scanners and the stuffing

panels to stuff the bags into the containers or to de-stuff the bags out of the containers.

3.5.2 The BHS loader shall also monitor the bag & container movement on the conveyor. If the need arises, they shall align the bags and/or container for a smooth flow on the conveyor.

3.6 BHS Tunnel Loader 3.6.1 The BHS tunnel loader shall be continuously monitoring the tunnel baggage

handling system of the airport station consist of belt conveyor system, vertical conveyor, Automatic Tag Reader, Goods Lift and the manual gravity roller.

3.6.2 On observing any abnormality in the BHS operation they shall promptly take necessary actions to rectify the situation or carry out manual operation.

3.6.3 Under manual or abnormal condition, the tunnel loader shall also operate the main control panel, remote control panels, vertical conveyor control panel and the goods lift control panel of the tunnel baggage handling system.

Part II The Additional Services Additional Services shall include the following:- 1 Providing assistance in connection with the enhancement or extension of the

Project. 2 Acting as expert witness in any case or otherwise providing major assistance in

respect of any judicial or administrative processes relating to the Project. 3 Providing assistance in connection with any changes to the Project introduced by

the Employer (provided that such change was not caused by or contributed to by any failure of the Operation Contractor to comply with its obligations under the Contract.

4 Carrying out repair of any damage or defects in the BHS System not falling within the Operation Services.

5 Performing preventive maintenance on any part of the BHS System not included in the scope of the Operation Services.

6 Providing any other advice and assistance.


PAGE NO. 82 of 103

SCHEDULE 3 - LIST OF TOOLS PART I: Tools to be provided to the Contractor by DMRC.

Details of Tools & Tackles

Sl. No. Description Qty.

1 Tong Tester CIE 266 1

2 Meggar, 1000V 1

3 Screw Driver Set 1

4 Line Tester 3

5 Pipe Wrench 12" 1

6 Pipe Wrench 24" 0

7 Screw Wrench 8" 1

8 Screw Wrench 12" 1

9 Nose Plier 1

10 Insulated Plier 1

11 Open End Spanner Set (size 6x7 to 22x24) 1

12 Ring Spanner Set (size 6x7 to 22x24) 1

13 Oil Can 1

14 Grease Gun 1

15 Nylon Brush hard 2

16 Hack Saw Frame 1

17 Hack Saw Blade 10

18 Chisel 1

19 Allen Key Set (mm) 1

20 Allen Key Set (inches) 1

21 Hammer 500gms 1

22 Hammer 800gms 1

23 File 8" Flat 1

24 Handle for files 1

25 Philips Screw Driver 852 1

26 Drill Machine upto 10 mm 1

27 Air Blower 1

28 Water Pump Plier 0

29 Teflon Tape 2

30 PVC Tape 3

31 Drill Bit 1/8" 4

PART II: Tools to be provided by the BHS Maintenance Contractor/DMRC.

Details of Tools & Tackles

Sl. No. Description Qty.

1 Electric Wrench. 3


PAGE NO. 83 of 103

SCHEDULE 4 - MANAGEMENT OF THE SERVICES 1. Organisational and Manpower Planning

The Operation Contractor shall prepare and submit to the Employer for approval the following plans; criteria and guidelines describing the manner in which the Operation Contractor intends to establish its organisation.

1.1. A chart of all proposed positions in the Operation Contractor‟s organisation structure showing laterally equivalence of responsibility and vertically lines of reporting responsibility.

1.2. Job Descriptions for each position identified in this organisation structure which shall include but not be limited to the following:-

i) job title; ii) job function; iii) position to which the holder is responsible; iv) positions responsible to the holder; v) responsibility of holder for care of assets; vi) responsibility of holder for expenditure; and vii) responsibility of holder for safety critical operation activities.

1.3. Personnel specifications for each position identified in the organisation structure which shall include but not be limited to the following:-

i) educational qualification requirements; ii) experience requirements; and iii) physical requirements (if necessary).

1.4. Numbers of personnel to be employed in each grade in the organisation structure, and an analysis by required qualification of the positions for which recruits need to be sought.

1.5. Rates of remuneration and conditions of service for each grade in the organisation structure.

1.6. Criteria for the selection of candidates for all the positions in the organisation structure and criteria for the selection and employment of a successful candidate for each position.

1.7. A statement of training philosophy, objectives and methodology for initial training and ongoing refresher training for operation personnel such that all personnel on completion of training shall have the knowledge and/or skills required by their respective job descriptions.

1.8. Plans of instruction for each grade in the organisation structure detailing course modules, the objectives, content and duration of each and the standards to be achieved for both initial training and ongoing refresher training.

1.9. A schedule of operation & maintenance training showing that all classroom and practical training in the operations and maintenance of equipment and certification shall be complete before the start of Trial Running.

1.10. A description of standards of knowledge and/or skills to be considered as the minimum necessary on completion of both initial training and ongoing refresher training for successful occupation of each position in the organisation structure.

1.11. The examination methods, written, oral, practical or other considered appropriate to each position for both initial training and ongoing refresher training.

1.12. Secondary criteria for each generic position in the organisation structure, so that a candidate reaching this standard may be given further training and a further examination before being rejected for the position.

1.13. A personnel development and advancement plan which clearly lays down promotional guidelines, retention plans for the trained employees during the tenure of the Operation Contract and also plan for promotion/recruitment of staff during retirements, resignations in the Operation Service organisation.

2. Operation Services Planning


PAGE NO. 84 of 103

2.1. The Operation Contractor shall prepare and submit to the Employer a proposed Operation Services Plan. This plan shall take account of the Employer‟s operation plans.

2.2. The Operation Services Plan shall be consistent with and developed from the Operation & Maintenance Plan submitted by the BHS Contractor under the BHS Contract which requires systems architecture and technology to minimise the maintenance required and facilitate rapid fault rectification. The design of equipment to be operated & maintained is required to permit first line operation & maintenance to be confined to unit or module replacement to the maximum extent.

2.3. The Operation Services Plan shall also reflect the results of the hazard analysis and other requirements of the System Safety Plan developed by the BHS Contractor under the BHS Contract.

2.4. The Operation Services Plan shall describe the strategy adopted to maximise BHS availability during Scheduled Service hours taking account of the limited hours available for maintenance between the end of one operating day and the beginning of the next and shall, as a minimum, include the following:-

i) schedules for cleaning of each piece of equipment, structure or sub-system; ii) description of the fault reporting procedures and the Fault Tracking System

to be implemented by the Operation Contractor in accordance with Clause 2.5 of this Schedule 4 below; and

2.5. The Operation Contractor shall operate and maintain a computer based system provided by the BHS Contractor under the BHS Contract to assist with the planning and implementing of routine operation. This system shall be linked to a Fault Tracking System and shall:

i) provide output on a daily basis to maintenance, supervisory and management personnel as required a list of outstanding operation items by engineering discipline and length of time outstanding;

ii) record the time a manual operation item is completed; and iii) record the cause or circumstances of each failure and the corrective action

taken. 2.6. Attendance

i) The Operation Contractor shall provide attendance to maintenance, testing or interfacing works undertaken by the Employer or his other contractors on equipment included in the scope of the Operation Services.

ii) The Operation Contractor shall afford all necessary attendance upon the local government authorities to enable them to carry out such tests and inspections as required by the local regulation and any relevant regulations.

iii) The Operation Contractor shall afford all necessary attendance upon the Employer‟s Representative and local government authorities for the carrying out of investigation of accidents involving BHS System which are under its purview.

iv) The Operation Contractor shall undertake, as applicable, removal, reinstatement and functional test of on-train BHS system when the Employer undertakes overhaul or major maintenance of train units.

2.7. Maintenance Support i) The Operation Contractor shall provide maintenance support for the

equipment that shall include steps to review the efficiency and effectiveness of the equipment maintenance.

ii) When instructed to do so by the Employer‟s Representative, the Operation Contractor shall perform technical investigations on incident, repeated fault and interface problems that arise. The Operation Contractor shall identify the cause of the incident/fault, and make short term and long term recommendations for rectification.

iii) The Operation Contractor shall keep all the technical investigation records that shall be part of the Monthly Report.


PAGE NO. 85 of 103

3. Operation Safety Plan 3.1. The Operation Contractor shall submit to the Employer for review an operation

safety plan which shall describe the rules, procedures and other measures that shall be implemented to reduce the possibility of injury to persons or damage to equipment in the performance of the Services.

3.2. The operation safety plan shall be consistent with the relevant parts of the Employer‟s operation plans and system safety plan and shall identify in particular the operation activities that have been classified as safety critical and shall set down the requirements for ensuring that safeguards as to the correct implementation of these activities are established.

3.3. The operation safety manager shall be responsible during the whole period of the Contract for keeping records, reviewing performance, updating procedures and reporting to the Employer on safety performance as set down in the operation safety plan.

4. Implementation of Operation Services 4.1. Upon the completion of the Employer‟s review of the Operation Contractor‟s

submittals required by Clauses 1, 2 and 3 of this Schedule 4, the Operation Contractor shall promptly commence to implement the plans, criteria and guidelines in the manner specified in its submittals (subject to any amendment thereto approved by the Employer).

4.2. The Operation Contractor shall thereafter and at regular intervals (but not less than monthly) provide a written report to the Employer identifying progress and any difficulties encountered in the implementation of the programme. The Operation Contractor‟s report shall include an updated schedule showing key milestones in the establishment of a fully trained operations organisation.

4.3. Throughout the term of the Contract, the Employer shall be given access by the Operation Contractor to view data, both hard copy and that generated by the various computer based systems described above, and shall facilitate the transfer of data in usable format to the Employer to assist in the monitoring of the work performed by the Operation Contractor.

4.4. During the period of the provision of the Services, the Operation Contractor shall at regular intervals (but not less than monthly) provide a written report to the Employer identifying progress and any difficulties encountered in the performance of the Services. The format, scope and date of submission of this written report shall be to the Employer‟s requirements.


PAGE NO. 86 of 103

SCHEDULE 5 - PERFORMANCE OF THE SERVICES Service Performance Requirements The design of the BHS System is specified to meet a set of Service Performance

Targets which are defined in the BHS Contract. The Service Performance Parameters against which the Operation Contractor will be measured are mentioned below.

The Operation Contractor shall carry out the services as per the instructions and guidelines of the BHS Operation Manuals.

However, under certain circumstances, the Employer Representative can give special instruction regarding operation which must be adhered to.

Under such instruction of the Employer Representative, if the Operation Contractor is not able to meet any service performance requirement, then the Operation Contractor will not be held responsible for the same. The Operation Contractor must keep record of all such incidents with the consensual signature of the Employer Representative.

The BHS System is designed to capture the parameters as mentioned above. These system generated reports will be used to measure the service performance of the BHS Operation Contract.

Occurrences which adversely affect the achievement of Service Performance Targets which are attributable to the actions, omissions or fault of the Employer, its servants or agent and third parties (excluding the Operation Contractor and all of its subcontractors) shall be excluded from the calculation of Service Performance Target achievement.

At each anniversary of the Commercial Operations Date, the service performance requirements achieved by the Operation Contractor shall be reviewed and the Service Performance Indices may be amended by mutual agreement. In principle, the Employer shall be seeking to set better targets in each successive year in order to achieve reliability growth with increasing experience in the operation and maintenance of the BHS System.

The Operation Contractor shall achieve the service performance requirements as mentioned below.

Maximum Baggage Handover Time As per the system design a baggage checked-in at any of the city airport terminals

shall be delivered to the DIAL BHS within 40 minutes (approximately) excluding the train travel time. This time consists of:

Time from a bag checked in at any of the city airport terminal by the airline representative till transmission of the train release signal by BHS System at that station

Time from the moment signal received at the PEL panel board (from others) indicating start of the container loading/unloading operation till the acknowledgement signal is received from DIAL System indicating successful delivery of the bag to DIAL.

Container Loading and/or Unloading Time The containers will be loaded/unloaded into/out of the train within the scheduled

halt time of the train at a particular station. The halt time of the train is designated as per the loading/unloading of the containers into/out of the train.

The Operation Contractor‟s time starts when the PEL panel receives the signal from Platform Screen Door System to start the loading/unloading operation.

The loading/unloading operation shall be considered as complete, when the Operation Contractor sends the train release signal.

The total time provided to the Operation Contractor to load/unload the containers at each of the BHS System shall be as below.

New Delhi Station: 120 Seconds

Shivaji Stadium Station: 90 Seconds


PAGE NO. 87 of 103

Airport Station: 150 Seconds The Operation Contractor shall take necessary measures not to delay a train

beyond its scheduled halt time due to reasons such as being unable to load/unload containers.

In case it is suspected that the planned number of containers cannot be loaded/unloaded within the scheduled halt time of the train, due to whatsoever reason, the Operation Contractor shall stop the loading/unloading of the remaining containers and release the train.

However, in case of Airport metro station, the operator must have to unload all full containers on a priority basis even though the consequence could be the delay of the train. The loading/unloading of the empty containers can be skipped in such situations.

Calculation of Liquidated Damages Liquidated Damages due to late baggage delivery to DIAL (INR) The LD amount will be calculated as below: Rs. One (1) per minute of delay per bag, caused by the Operation Contractor. Liquidated Damages due to late release of train (INR) The LD amount will be calculated as below: Rs. 40,000/- per minute of delay of a train, caused by the Operation Contractor.

The cumulative maximum allowable delay for trains is thirty (30) minutes per year, considering all operational trains and relevant stations.

The total number of allowable incidents of delay per annum shall not exceed 100. Any more incidents shall give a right to the Employer to terminate the Contract and also to forfeit the Performance Bank Guarantee.

Also, a missing trip shall give the Employer the right to terminate the Contract and to forfeit the Performance Bank Guarantee.

The loss caused to the Employer for each missing trip, as well as any incidents of delay, shall be recoverable from the Operation Contractor. This shall be limited to the value of the Performance Bank Guarantee in a Contract Year.

Total Liquidated Amount (INR) Total Liquidated Damages = LD1 + LD2 Service Performance Audit The Employer shall monitor actual performance against the Service Performance

Targets and shall forward monthly reports to the Operation Contractor. Such monthly reports shall cover the performance of the BHS System during the previous month.

The Employer shall maintain all records relating to performance measurement against Service Performance Index and shall make these available for the Operation Contractor to view on request.

The Employer and the Operation Contractor shall each nominate two representatives both of whom shall have the authority to decide on the accuracy of the monthly reports submitted in accordance with this Schedule. If the Operation Contractor disagrees with the record of actual performance or the apportionment of blame on which this record is based, it shall within 7 days of receipt of the report call for a meeting to review the report. The nominated representatives shall make every effort to reach agreement on the record of performance against the Service Performance Targets. In the absence of agreement, the Employer shall decide and give his justification in writing to the Operation Contractor.

Penalties Other Than Liquidated Damages All the penalties or damages, that are levied on the Employer due to the inefficient

operation of the BHS System by the Operation Contractor, shall be borne by the Operation Contractor.


PAGE NO. 88 of 103

If the Operation Contractor fails to pay these penalties, then the same along with additional fine if any will be recovered from the payment due to the Operation Contractor.

Following are some of the probable scenarios that could lead to a penalizing situation. However, it is to be noted that the Operation Contractor shall also consider any additional such scenarios that are identified after the start of operation of the system.

Missing / Damaged Bag / Pilferage: Missing or damaged bags & pilferage claims against the Employer shall be borne by the Operation Contractor on actual basis. Any liability on this account shall lie entirely with the Operation Contractor.

No damage to the train or any other assets of the metro system: The Operation Contractor shall not cause any damage to the train, BHS System and/or any other system of the DMAEL system. The Operation Contractor shall bear all such costs where the Operation Contractor is responsible for the damage.


PAGE NO. 89 of 103

SCHEDULE 6 - HANDOVER OF THE SERVICES 1. Handover of documents, tools and other assets held by the Operation Contractor

On expiry or termination of the Contract (for whatever reason) the Operation Contractor shall, subject to the provisions of Indian law, provide as the minimum to the Employer the following:- i) personnel and training records including:

a) training records and certificates relating to any or all of the Operation Contractor‟s personnel;

b) medical records of all of the Operation Contractor‟s personnel and all related records dealing with any restriction on work to be performed by any individual;

c) payroll, tax and all other records relating to these personnel that are required by law;

d) all documentation relating to any legal proceedings involving employees;

ii) all records relating to current inventory, tools, and items awaiting disposal and items due for reordering within the succeeding 6 months;

iii) Operation manuals with all updates and amendments issued up to and including the day of expiry or termination;

iv) drawings of all systems, sub-systems and other drawings relating to the assets of the Employer incorporating all amendments, additions or deletions issued up to and including the day of expiry or termination;

v) the Operation Services Plan and operation safety plan containing the latest updates and amendments issued up to and including the day of expiry or termination;

vi) all records relating to incidents reported, in accordance with the operation safety plan up to and including the day of expiry or termination;

vii) Tools, materials and equipment as required by Schedule 3 to the Contract; viii) the fully functioning Fault Tracking System together with user operating

manuals containing the latest updates and amendments issued up to and including the day of expiry or termination;

ix) any systems developed or purchased, computer based or otherwise, for the facilitation of operations or maintenance of the BHS System together with user operating manuals containing the latest updates and amendments issued up to and including the day of expiry or termination;

x) copies of all continuing sub-contracts and all records of the Operation Contractor relating to all such sub-contracts and sub-contractors; and

xi) documentation relating to any modifications to the BHS System planned but not yet implemented.

2. Inspection of the equipment operated by the Operation Contractor Prior to the expiry of this Contract or in the event of earlier termination of this Contract, those parts of the Project covered by the scope of this Contract together with the Spares and software to be handed over, and all of the equipment, depot buildings, plant, equipment tools and test equipment in the care of the Operation Contractor during the performance of the Services shall be jointly inspected by the Employer and the Operation Contractor to ascertain that in all respects they are in Good Working Order, except for the Spares which shall be new and unused. Any item or items found not to be in Good Working Order during such inspection shall be remedied forthwith by the Operation Contractor and then jointly re-inspected by the Employer and the Operation Contractor. Once all items have been inspected and found to be in Good Working Order, the Employer shall provide to the Operation Contractor written notice of acceptance of handover of the Services, such written notice not to be unreasonably withheld.


PAGE NO. 90 of 103

SCHEDULE 7 - MINIMUM NUMBER OF MANPOWER RESOURCES EXCEPT SHIVAJI STADIUM STADIUM.

S/N Manpower Qualification

New Delhi Shivaji Stadium

Airport

1 BHS Operation Manager

Engineering Graduate (Mechanical/Electrical/Electronics) with relevant experience

01

2 BHS Supervisors

Diploma Engineer (Mechanical / Electrical/Electronics) with relevant experience

2 0 2

3 BHS Operator ITI Engineer with relevant experience

5 0 5

4 BHS Loaders Matriculate with relevant experience

2 0 3

5 BHS Tunnel Loaders


0 0 6

SUB TOTAL 9 0 17

TOTAL 26

DMRC Baggage Handling System

Contract for Operation 91 of 103

Schedule 8: FORM OF PERFORMANCE SECURITY BY BANK [to be issued by any Scheduled Commercial Bank based in India from its branch located in Delhi only]



1. This deed of Guarantee made on _________ (Day/Month/Year) between

_____________________ [Bank] (hereinafter called the “Bank”) of the one part, and Delhi Metro Rail Corporation Ltd. (hereinafter called “the Employer”) of the other part.

2. Whereas Delhi Metro Rail Corporation Ltd. has awarded the contract for ...................................................................................................................or.................................................................................................) Contract for ________________________________ (hereinafter called “the contract”) to M/s __________________ [Name of the Contractor] (hereinafter called “the Contractor”).

3. And Whereas the Contractor is bound by the said Contract to submit to the Employer a Performance Security for a total amount of Rs._____________________________ (Amount in Figures and Words).

4. Now, we the Undersigned, _________________________ (Name of the Bank) being fully authorized to sign and to incur obligations for and on behalf of and in the name of ______________________________ (Full name of Bank), hereby declare that the said Bank will guarantee the Employer the full amount of Rs.__________________________ (Amount in Figures and Words) as stated above.

5. After the Contractor has signed the aforementioned Contract with the Employer, the Bank is engaged to pay the Employer any amount up to and inclusive of the aforementioned full amount, upon written order from the Employer to indemnify the Employer for any liability of damage resulting from any defects or shortcomings of the Contractor or the debts he may have incurred to any parties involved in the Works under the Contract mentioned above, whether these defects or shortcomings or debts are actual or estimated or expected. The Bank will deliver the money required by the Employer immediately on demand without delay without reference to the Contractor and without the necessity of a previous notice or of judicial or administrative procedures and without it being necessary to prove to the Bank the liability or damages resulting from any defects or shortcomings or debts of the Contractor. The Bank shall pay to the Employer any money so demanded notwithstanding any dispute/disputes raised by the Contractor in any suit or proceedings pending before any Court, Tribunal or Arbitrator/s relating thereto and the liability under this guarantee shall be absolute and unequivocal.

6. This Guarantee is valid for a period of ____ Months from the date of signing. [The initial period for which this Guarantee will be valid must be for at least six months longer than the anticipated expiry date of Contract period.]

7. At any time during the period in which this Guarantee is still valid, if the

Employer agrees to grant a time extension to the Contractor or if the Contractor



fails to complete the Works within the time of completion as stated in the Contract, or fails to discharge himself of the liability or damages or debts as stated under Para 5, above, it is understood that the Bank will extend this Guarantee under the same conditions for the required time on demand by the Employer and at the cost of the Contractor.

8. The Guarantee hereinbefore contained shall not be affected by any change in the Constitution of the Bank or of the Contractor.

9. The neglect or forbearance of the Employer in enforcement of payment of any money, the payment whereof is intended to be hereby secured or the giving of time by the Employer for the payment hereof shall in no way relieve the bank of their liability under this deed.

10. The expressions “the Employer”, “the Bank” and “the Contractor” hereinbefore used shall include their respective successors and assigns.

In witness whereof I/We of the bank have signed and sealed this guarantee on the ____________day of _______ (Month) 2015 being herewith duly authorized.

For and on behalf of the _____________ Bank. Signature of authorized Bank official Name: Designation: _____________________ I.D. No.: ________________________ Stamp/Seal of the Bank: ___________ Signed, Sealed and Delivered for and on behalf of the Bank by the above named ______________ In the presence of: Witness–1 Signature _______________________ Name __________________________ Address ________________________ Witness–2 Signature _______________________ Name __________________________ Address ________________________



OTHER TERMS AND CONDITIONS

OF CONTRACT



TERMS & CONDITIONS OF THE CONTRACT

1.0 Deployment The man day (deployment) is for eight hours shift. The requirement of Services shall be fixed by DMRC from time to time depending on the requirement.

2.0 Contract Labour Appearance and Requirements 2.1 The Contractor‟s Personnel shall dress in neat, clean and prescribed uniform

with name badge properly displayed. 2.2 The Contractor‟s Personnel shall acquaint themselves with the station systems

at respective Delhi Metro Stations / other installations. 2.3 The Character and Antecedents of all Agents, before being deployed in DMRC

system, shall be got verified from the local police authorities.

3.0 Contract Labour Working – General Guidelines 3.1 The Contractor‟s Personnel should be extremely courteous with very pleasant

mannerism in dealing with the Commuters / General Public and they should project an image of utmost discipline. DMRC shall have the right to have any before-mentioned personnel recalled from DMRC system in case of passenger complaint / indulgence in malpractices or as per recommendations of DMRC‟s representative if the person is not performing the job satisfactorily or otherwise.

3.2 The Contractor‟s Personnel shall strictly follow the procedure as approved by DMRC for entering into the DMRC system and also accessing any part / portion of AFC System / Network. If any contractor staff is caught traveling without proper authority / valid ticket then they will be treated traveling without ticket & shall be penalized as per the provisions of Delhi Metro Rail (Operations & Maintenance) Act, 2002 / Business Rules of DMRC.

3.3 The Contractor‟s Personnel shall not accept any gratuity or reward in any shape or form from anybody.

3.4 All concerned personnel shall intimate / report any untoward incidents occurring in the station premises to the concerned authority immediately.

3.5 After completing the shift duty, all the personnel shall be required to submit duty report to the Station Controller/Controlling Office, if applicable, in the appropriate format as issued to them by DMRC.

4.0 Instructions to the Contractor 4.1 If any damages / loss / theft etc. occurs in the Station premise / area under

supervision due to personnel‟s negligence / failure during the course of duty or otherwise the same shall be the sole responsibility of the contractor and necessary compensation shall be paid by the contractor to DMRC as per the actual cost assessed by DMRC.

4.2 The contractor shall abide by and comply with all the relevant laws and statutory requirements covered under various laws such as Contract Labour (Regulation and Abolition) Act-1970, Minimum Wages Act-1948 and applicable provisions of Employees State Insurance Act-1948, Employees Provident Fund



& Miscellaneous Provisions Act-1952, Payment of Bonus Act-1965 and various other acts as applicable from time to time with regard to the labour / personnel engaged by the contractor under the contract.

4.3 Contractor should have a valid license from concerned labour authorities, under the Contract Labour (Regulation and Abolition) Act-1970, during the entire currency of the contract.

4.4 Contractor should have a valid registration with Employees Provident Fund, Employees State Insurance and Service Tax Department.

4.5 The contractor shall give Basic Training / Familiarization of DMRC‟s System / Working to his personnel before deploying the same in the DMRC system. However, it may be noted that this period will not be counted as shifts manned by contractor‟s personnel for the purpose of payment under the contract.

4.6 During the currency of the contract, the contractor shall be required to cover all deployed personnel under following insurance policies: - i) Accident and death. (Sum Insured @ Rs.1,00,000/- per worker) ii) All Risk and third party cover. (Sum Insured of Rs.5,00,000/- for entire

contract) Non procurement of above policies will tantamount to Violation of Terms & Conditions of Contract and necessary penalty may be imposed on the contractor as per Clause 11.0 of the Terms & Conditions of Contract. Further, necessary deductions, equivalent to premium amount for the lapse period of insurance, shall be made from the contractor‟s monthly bills.

4.7 The contractor shall indemnify and hold DMRC harmless from and against all claims, damages, losses and expenses arising out of, or resulting from the works/services under the contract provided by the contractor.

4.8 Contractor shall ensure that its personnel shall not at any time, without the consent of DMRC, in writing, divulge or make known any trust, accounts, matter or transaction undertaken or handled by DMRC and shall not disclose to any person information to the affairs of DMRC.

4.9 Contractor shall deploy his personnel only after obtaining DMRC‟s approval duly submitting Curriculum Vitae (CV) of these personnel to DMRC in advance. For any change in contractor‟s personnel, DMRC shall be advised at least one week in advance and contractor shall be required to obtain DMRC‟s approval for all such changes along with their CVs.

4.10 All necessary reports, records, registers and other information, under the Contract and all other Statutory Laws, shall be deposited by the contractor on demand by DMRC.

4.11 Contractor will maintain all record of property & equipments of DMRC handed over to him for use or under his control. Any damage or loss caused by contractor‟s persons to the property & equipments of DMRC Ltd. in whatever form may be recovered from the contractor. Contractor shall not be held responsible for the damages/sabotage caused to the property of DMRC due to the trade union / riots / mobs / armed dacoit activities or any other event of force majeure.

4.12 The contractor shall ensure that personnel deployed under the contract are not members of any union.



4.13 Attendance register of manpower deployed for the execution of services shall be maintained by the contractor.

4.14 Register of shift schedule specifying allocation of duties to the personnel. It should be ensured that no manpower has worked for more than one shift of 8 hours on a day.

5.0 Payments under the Contract 5.1 The Rates, accepted by DMRC shall remain fixed/firm through-out the contract

period without any variation/escalation, except on account of revision in Minimum Wages as notified by Delhi Government or Central Government, whichever is higher, and will be applicable uniformly for all working days including Weekdays, Weekends, Gazette Holidays, National Holidays, Festivals etc.

5.2 The Rates accepted by DMRC shall be compensated based on revision (increase/decrease) in Service Tax, as announced by Government from time to time.

5.3 Revision in any Statutory Contributions related to PF, ESI & Bonus shall be effected as notified by the appropriate Government from time to time.

5.4 The payment shall be made by DMRC at the end of every month‟s billing period based on the actual shifts performed by the contractor and based on the documentary proof jointly signed by the Station Controller / Station Manager of the respective station and the contractor / his representative / personnel authorized by him. The same shall be verified by the Asstt. Manager / Manager (Line). No other claim on whatsoever account shall be entertained by DMRC. The payments made by DMRC shall, however, be subject to necessary deductions on account of penalty imposed by DMRC on the contractor, TDS, Service Tax etc.

5.5 The contractor shall arrange to submit the monthly bills to DMRC within 15 days from the close of billing period and with the monthly bills the contractor shall be required to submit the following: - 5.5.1 Details of deployment should be duly verified by SC/SM of concerned

stations and forwarded by AM/Manager(Line). Further a summary of the bill shall be attached.

5.5.2 Invoice, duly taking into account deployment of staffs from site. 5.5.3 Salary statement for the previous month with Bank Statement / Bank

Transfer details to corroborate the payment. 5.5.4 Copy of previous month‟s contract specific EPF Challan with copy of ECR

(both in Soft and Hard copy). 5.5.5 Copy of previous month‟s ESI Challan with contract specific contribution

details. 5.5.6 Copy of previous month‟s Service Tax Challan with contract specific

contribution details. 5.5.7 Details of Bonus paid to all terminated / resigned contracted employees,

employee wise, of the previous month. 5.5.8 Necessary undertakings / annexure(s). 5.5.9 Any other document demanded by DMRC.



5.6 After the submission of bills completed in all respects to the entire satisfaction of DMRC Ltd., DMRC will try to release the payments within 15 days from the last date of submission of completed bills.

5.7 As far as possible, Contractor should make the payments to the contracted staff through ECS / Bank Transfer. In case of exigencies, the employees may be paid by Cheque / in Cash (for the first month only). However cash payments

shall be witnessed and certified by the concerned DMRC supervisor / nominated DMRC representative.

5.8 Tax Deduction at Source on-account the monthly bill shall be deducted by the employer as per the provisions of the statutes/acts of statutory bodies/local authorities etc.

5.9 No advance shall be paid by DMRC to the Contractor. 5.10 Contractor shall be required to pay to its employees, roped in for services

under the contract, based on quotation mentioned in commercial bid and applicable category of minimum wages given by DMRC and deposit / disburse other statutory dues to respective agencies / employees as claimed by the contractor & paid by DMRC. Non-payment / less payment of Wages & other dues and failure to deposit / less deposit of statutory dues will tantamount to Violation of Terms & Conditions of the Contract and necessary penalty may be imposed on the contractor as per Clause 11 of the Terms & Conditions of Contract.

5.11 The rates, shift per day, to be paid by DMRC are inclusive of cost of Uniform and therefore at no point of time complaints with regard to charging money on that count shall be received at DMRC Ltd. In such a case it will be treated as Violation of terms & conditions of the contract.

5.12 Notwithstanding the release / payment of the bill by DMRC Ltd. to the Contractor, the Contractor shall all times ensure the due and timely payment of wages to all its manpower pursuant to this contract. Nothing contained herein shall establish any link between release / payment of the bill by DMRC Ltd. to the Contactor and the payment of any salary / wages or any other dues whatsoever by the Contractor to its manpower.

5.13 Contractor hereby agrees that DMRC shall have no responsibility as regards contractors employees and the employees shall be the employees of contractor only and shall not be construed under any circumstances as employees of DMRC.Contractor hereby indemnifies DMRC against the claims made by contractors employees against DMRC.

6.0 Contract Period 6.1 The contract will commence w.e.f. 01.01.2015 to 31.12.2016. Any

change in the Start of License period shall be communicated in LOA.



7.0 Compliances 7.1 In the event of default being made in the payment of any money in

respect of wages of any person employed by the contractor for carrying out of this contract and if a claim therefore is filed in the office of the Labour Authorities and proof thereof is furnished to the satisfaction of the Labour Authorities, DMRC may, failing payment of the said money by the contractor, make payment of such claim on behalf of the contractor to the said Labour Authorities and any sums so paid shall be recoverable by DMRC from the contractor.

7.2 If any money shall, as a result of any instructions from the Labour Authorities or claim or application made under any of the Labour Laws, or Regulations, is directed to be paid by DMRC, such money shall be deemed to be payable by the contractor to DMRC within seven days after the same shall have been demanded from the contractor. DMRC shall be entitled to recover the amount from the contractor by deduction from money due to the contractor.

7.3 Salary / Payment to the contracted employees shall be made by 7th of every month by the contractor.

7.4 The Customer Facilitation and Watch & Ward Services Personnel, Armed Guard & Supervisors will be employee of the contractor and all Statutory / Other liabilities will be paid by the contractor such as ESI, PF, Bonus and expenditure on Uniform, etc.

7.5 As far as EPF & MP Act, 1952 is concerned, it shall be the duty of the contractor to deposit the PF subscription, deducted from the payment of the labour engaged and equal amount of contribution made (Employer‟s Share) with the PF authorities within 7 days of close of every month. Contractor shall give particulars of the employees engaged by him for DMRC works and is required to submit details to DMRC. In any eventuality if the contractor fails to remit employee / employer‟s contribution towards PF subscription etc. within the stipulated time, DMRC is entitled to recover the equal amount from any money due or accrue to the contractor under this or any other contract with DMRC and deposit the amount in the name of the contractor with RPFC, with an advice to RPFC, duly furnishing particulars of labour engaged for DMRC works.

7.6 In cases of terminated / resigned contractual employees, pro-rata payment of bonus, if applicable to category of employees, shall be done by me within 30 days time. For the purpose, a summarized list containing relevant details, including name of the employee, employee id, period of service, no. of 8 hours shifts performed during the applicable period and amount of applicable bonus paid with details of cheque payment or bank transfer, shall be made available with the monthly bills submitted to DMRC for payment action. If no such case is there during the month, a nil report shall be attached by you along with the monthly bills.



8.0 Coordination with Other Contractors The contractor shall plan and execute the contractual work in coordination & in

co-operation with other contractors working for similar/other contracts.

9.0 Contractor‟s Obligations towards Tax Laws The contractor shall ensure full compliance with various Tax Laws of India with

regard to this contract and shall be solely responsible for the same. He shall submit copies of acknowledgements, evidencing filing of returns every year and shall keep DMRC fully indemnified against liability of tax, interest, penalty etc. of the contractor in respect thereof, which may arise.

10.0 Contractor‟s Office The Contractor shall establish an office in the National Capital Territory of Delhi

for planning, co-ordination and monitoring the progress of the work and intimate the same in writing to DMRC.

11.0 Imposition of Penalty In addition to other penalties, the following penalties shall be imposed &

recovered from the Contractor. Details of deficiencies are given as under: -

S/N Offence Penalty (with or without

warning) each case

1. Poor dress code Up to Rs.200/-

2. Misbehavior and Poor Customer Support

Up to Rs.500/-

3.

Breach of Instructions

4. Public Complaint on any account

5. Absent, Late reporting, Leaving place of duty before scheduled Time or without informing on duty Station Controller

6. Violation of Terms & Conditions of Contract To be decided by

Competent Authority

7. Delay in payment of dues to any workmen (per day per workman)

Rs.100/- Per Day Per Workman

8. Making payment in the absence of Principal Employer‟s representative (for each violated date) – for Cash payments only

Rs.10,000/-

9. Non-compliance(s) of any other provision of labour laws, pointed out by Employer or their representative (for each non-compliance informed in writing, under the contract)

Rs.5,000/-

Habitual offenders on above counts shall be recalled from the DMRC. Further, DMRC shall have the right to recall any person in case of passenger complaints / indulgence in malpractices or as decided by DMRC‟s representative in case the person is not performing the job satisfactorily or otherwise. The contractor shall have to arrange suitable replacement in all such cases. In case staff is not working / performing to the entire satisfaction of DMRC the contractor may be asked to issue recorded warning with or without penalty/fine.



12.0 Accidents It shall be the entire responsibility of the contractor to adopt all the safety

measures & deploy manpower that is adequately trained in safety. If any accident occurs within the station area due to negligence on the part of the contractor‟s personnel or otherwise, it shall be the full responsibility of the contractor.

13.0 Security Measures 13.1 A fine up to Rs.50,000/- shall be imposed on the contractor plus recovery of

cost of items/equipments in addition to the police action against the staff if any employee of contractor is caught stealing DMRC property.

13.2 Contractor shall submit the undertaking that police verification of each employee and staff is completed before allowing him/her to perform duty. However employee may be permitted to perform duty upto 15 days from the date of issue of authorization list till his/her police verification formalities are completed.

14.0 Force Majeure If at any time during the currency of the contract, either party is subject to force

majeure, which can be termed as civil, riots, tempest, acts of God, which may prevent either party to discharge his obligation (except court or similar bodies Judgments / instructions), the affected party shall promptly notify the other party about the happening of such an event. Neither party shall by reason of such event be entitled to terminate contract in respect of such performance of their obligations. The obligations under the contract shall be resumed as soon as practicable after the event has come to an end or ceased to exist. If the performance of any obligation under the contract is prevented or delayed by reason of the event beyond a period mutually agreed to if any, or 30 days, whichever is more, either party may at its option terminate the contract.

15.0 Breach of Contract 15.1 During the course of contract, if in the opinion of DMRC, breach of contract or

any negligence on the part of contractor‟s personnel has taken place, which the contractor fails to remedy within three days of having received written notice of the failure, DMRC shall be entitled to terminate the contract.In such case the Contractor‟s Performance guarantee shall stand forfeited in DMRC‟s favour.

15.2 During the course of contract, if any contractor personnel is found indulging in any corrupt practices causing any loss of Revenue to DMRC or any money loss to Passenger, DMRC shall be entitled to terminate the contract duly forfeiting the contractor‟s Performance Guarantee.

15.3 During the course of contract, if the contractor fails to perform works / services as mentioned in the Scope of Work, duly following all the statutory requirements, to the entire satisfaction of DMRC then DMRC shall be entitled to part terminate the contract / limit the Scope of Work under the contract.



16.0 Dispute Resolution: Conciliation & Arbitration 16.1 In the event of any dispute, difference of opinion or dispute or claim arising out

of or relating to this agreement or breach, termination or the invalidity thereof, shall firstly be attempted to be settled by conciliation.

16.2 All disputes relating to this agreement or on any issue whether arising during the progress of the services or after the completion or abandonment thereof or any matter directly or indirectly connected with the service agreement shall in the first place be referred to a sole conciliator appointed/nominated by GM/Director DMRC on receipt of such requests from either party.

16.3 The conciliator shall make the settlement agreement after the parties reach agreement and shall give an authenticated copy thereof to each of the parties.

16.4 The settlement agreement shall be final and binding on the parties. The settlement agreement shall have the same status and effect of an arbitration award.

16.5 The views expressed or the suggestions made or the admissions made by either party in the course of conciliation proceedings shall not be introduced as evidence in any arbitration proceedings.

16.6 Any dispute that cannot be settled through conciliation procedure shall be referred to arbitration in accordance with the procedure given in the para below.

16.7 The parties agree to comply with the awards resulting from arbitration and waive their rights to any form of appeal insofar as such waiver can validly be made.

16.8 Arbitration Procedure In the efforts, to resolve all or any of the disputes through conciliation fails, then

such dispute shall be referred within 30 days to a sole arbitrator who would be nominated by GM / Director, Delhi Metro Rail Corporation Limited. The venue of such arbitration shall be at Delhi / New Delhi. The award of the sole arbitrator shall be binding on all parties. The cost of arbitration shall be borne by the respective parties. There will be no objection if conciliator / or sole arbitrator nominated / appointed is an employee of DMRC.

16.9 Rules governing Arbitration Proceedings The arbitration proceedings shall be governed by Indian Arbitration and

Conciliation Act, as amended from time to time including provisions in force at the time the reference is made.

17.0 Notices and Instructions The Contractor shall furnish to the Employer the postal address of his office at

Delhi / New Delhi. Any notice or instructions to be given to the Contractor under the terms of the contract shall be deemed to have been served on him if it has been delivered to his authorized agent or representative at site or if it has been sent by registered/speed post to the office, or to the address of the firm last furnished by the Contractor.



GENERAL CONDITIONS OF CONTRACT

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