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Metro Rail Projects for Bhopal and Indore (Madhya Pradesh Metro Rail Co Ltd) CIN U75100MP2015SGC034434 RFP No. 01/GC/MPMRCL/2016 AMENDED RFP (09/01/2017) REQUEST FOR QUALIFICATION CUM REQUEST FOR PROPOSAL REGARDING SELECTION OF GENERAL CONSULTANT FOR METRO RAIL PROJECTS AT BHOPAL AND INDORE M.D, MADHYA PRADESH METRO RAIL CO LTD(MPMRCL) Address: Palika Bhawan Shivaji Nagar, Bhopal, Pin 462016 Madhya Pradesh, INDIA

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Metro Rail Projects for Bhopal and Indore

(Madhya Pradesh Metro Rail Co Ltd)

CIN U75100MP2015SGC034434

RFP No. 01/GC/MPMRCL/2016

AMENDED RFP

(09/01/2017)

REQUEST FOR QUALIFICATION

CUM

REQUEST FOR PROPOSAL

REGARDING

SELECTION OF GENERAL CONSULTANT

FOR

METRO RAIL PROJECTS AT BHOPAL AND INDORE

M.D, MADHYA PRADESH METRO RAIL CO LTD(MPMRCL)

Address: Palika Bhawan

Shivaji Nagar, Bhopal, Pin – 462016

Madhya Pradesh, INDIA

MADHYA PRADESH METRO RAIL CO LTD Page | 2

Contents

DISCLAIMER ....................................................................................................................... 4

SECTION 1: LETTER OF INVITATION............................................................................. 5

SECTION 2 (Part-I): SELECTION PROCEDURES –ITC .................................................... 9

SECTION 2 (Part-II): SELECTION PROCEDURES - DATA SHEET ............................. 32

Attachment1:For Data sheet ................................................................................................... 40

Attachment 2: Format for Bank Guarantee for ―Bid Guarantee/EMD‖............................... 48

SECTION 3: SHORTLISTING (Pre-Qualification) OF CONSULTANT .......................... 51

Shortlisting Check sheet ....................................................................................................... 56

PRO-FORMA FOR SHORTLISTING OF CONSULTANT .............................................. 57

Annexure - 1: Letter for Proposal ........................................................................................ 59

Annexure - 2: Power of Attorney ......................................................................................... 62

Annexure- 2A: Power of Attorney for Lead member .......................................................... 64

Annexure-3: Memorandum of Understanding/ Joint Bidding Agreement ........................... 66

Annexure-4: Undertaking ..................................................................................................... 68

Annexure-5: Pending Litigation ........................................................................................... 69

Annexure - 6: Project Data Sheet ......................................................................................... 70

Annexure- 6A: Summary of Information provided in Annexure- 6 .................................... 73

Annexure - 7: Financial Data for Liquidity and Net Worth ................................................. 74

Annexure - 8: Financial Data of the Consultant ................................................................... 75

SECTION 4: TECHNICAL PROPOSAL ............................................................................ 77

TECH-1: Technical Proposal Submission Form .................................................................. 79

TECH-2: Consultant‘s Organization and Experience .......................................................... 80

TECH-3: Comments and Suggestions onTOR..................................................................... 86

TECH-5: Team Composition, .............................................................................................. 89

TECH-6: Curriculum Vitae (CV) for Proposed Key Experts .............................................. 90

TECH-7: Expert Schedule .................................................................................................... 94

TECH-8:Work Schedule ...................................................................................................... 96

TECH-9: Deployment Schedule .......................................................................................... 97

TECH-10: Acknowledgement of Compliance ..................................................................... 98

TECH-11: Curriculum Vitae (CV) for Proposed Non-Key Experts .................................. 100

TECH-12: Curriculum Vitae (CV) for Proposed Support Staff ......................................... 102

SECTION 5: FINANCIAL PROPOSAL ........................................................................... 104

FIN-1: Financial Proposal Submission Form ..................................................................... 105

FIN-2: Summary of Costs .................................................................................................. 106

FIN-3: Remuneration ......................................................................................................... 107

MADHYA PRADESH METRO RAIL CO LTD Page | 3

SECTION 6: TERMS OF REFERENCE .......................................................................... 113

Attachment I: Executive Summary of DPR for Bhopal ..................................................... 144

Attachment II: Executive Summary of DPR for Indore ..................................................... 147

Attachment III (A): Positions and Number of Man-Months for Staff ............................... 150

Attachment III (B): Qualification and Experience Required for Key and Non-Key ......... 155

SECTION 7 (Part-I): CONTRACT CONDITIONS - FORM OF CONTRACT ............... 164

SECTION 7 (Part-II): CONTRACT CONDITIONS - GCC ............................................. 168

SECTION 7 (PART-III): CONTRACT CONDITIONS- SCC .......................................... 187

SECTION 7 (PART-IV): APPENDICES .......................................................................... 193

SECTION 8: ELIGIBLE SOURCE COUNTRIES OF MULTILATERAL/BILATERAL

LOANS......................................................................................................................... 202

SECTION 9: LIST OF DEVELOPING COUNTRIES...................................................... 204

RFP NO: 01/GC/MPMRCL/2016

MADHYA PRADESH METRO RAIL CO LTD Page | 4

DISCLAIMER

The information contained in this Request for Qualification (RFQ) cum Request for Proposal

document (RFP) or subsequently provided to Applicants, whether verbally or in documentary or any

other form by or on behalf of the Managing Director of MPMRCL is provided to Applicants on the

terms and conditions set out in this RFQ cum RFP and such other terms and conditions subject to

which such information is provided.

This RFQ cum RFP may not be appropriate for all persons, and it is not possible for the MPMRCL,

its employees or advisers to consider the objectives, technical expertise and particular needs of each

party who reads or uses this RFQ cum RFP. The assumptions, assessments, statements and

information contained in this RFQ cum RFP, may not be complete, accurate, adequate or correct.

Each Applicant should, therefore check the accuracy, adequacy, correctness, reliability and

completeness of the assumptions, assessments and information contained in this RFQ cum RFP and

obtain independent advice from appropriate sources.

Information provided in this RFQ cum RFP to the Bidder is on a wide range of matters, some of

which depends upon interpretation of law. The information given is not an exhaustive account of

statutory requirements and should not be regarded as a complete or authoritative statement of law.

The MPMRCL accepts no responsibility for the accuracy or otherwise for any interpretation or

opinion on the law expressed herein.

The MPMRCL, its employees and advisers make no representation or warranty and shall have no

liability to any person including any Bidder under any law, statute, rules or regulations or tort,

principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or expense

which may arise from or be incurred or suffered on account of anything contained in this RFQ cum

RFP or otherwise, including the accuracy, adequacy, correctness, reliability or completeness of the

RFQ cum RFP and any assessment, assumption, statement or information contained therein or

deemed to form part of this RFQ cum RFP or arising in any way in this Selection Process

The MPMRCL also accepts no liability of any nature whether resulting from negligence or

otherwise however caused arising from reliance of any Bidder upon the statements contained in this

RFQ cum RFP.

The MPMRCL may in its absolute discretion, but without being under any obligation to do so,

update, amend or supplement the information, assessment or assumption contained in this RFQ cum

RFP.

The issue of this RFQ cum RFP does not imply that the MPMRCL is bound to select a consultant or

to appoint the Selected Consultant, as the case may be, for the Consultancy and the MPMRCL

reserves the right to reject all or any of the Proposals without assigning any reasons whatsoever.

The Bidder shall bear all its costs associated with or relating to the preparation and submission of its

Proposal including but not limited to preparation, copying, postage, delivery fees, expenses

associated with any demonstrations or presentations which may be required by the MPMRCL or

any other costs incurred in connection with or relating to its Proposal. All such costs and expenses

will remain with the Applicant and the MPMRCL shall not be liable in any manner whatsoever for

the same or for any other costs or other expenses incurred by an Applicant in preparation or

submission of the Proposal, regardless of the conduct or outcome of the Selection Process.

Sd-

(Vivek Aggarwal, IAS)

Managing Director

MPMRCL

RFP NO: 01/GC/MPMRCL/2016 SECTION 1: LETTER OF INVITATION

MADHYA PRADESH METRO RAIL CO LTD Page | 5

SECTION 1: LETTER OF INVITATION

PROPOSAL DOCUMENT

FOR

SELECTION OF GENERAL CONSULTANT

FOR

METRO RAIL PROJECTS AT BHOPAL AND INDORE

RFP NO: 01/GC/MPMRCL/2016 SECTION 1: LETTER OF INVITATION

MADHYA PRADESH METRO RAIL CO LTD Page | 6

Letter of Invitation

MPMRCL/……, Date: -----------

Name of Consultant:

Address of Consultant:

Attention: Mr. /Ms.:

1. The Government of India (hereinafter called ―Borrower‖) has applied financing from

Bilateral/Multilateral funding agencies towards the cost of Madhya Pradesh Metro Rail

Projects for the cities of Bhopal and Indore (hereinafter called ―the Project‖)

2. The Madhya Pradesh Metro Rail Co Limited invites proposals to provide the General

consultancy services. Details on the services are provided in the Terms of Reference.

3. You are here by invited to submit proposal for consultancy services. You may be a

single entity or a JV/consortium, joining together to assist MPMRCL in implementing

the project. In case of group of entities the number of JV/consortium partners shall not

be more than total 3 (with no partner having less than 10% share/participation). i.e.

JV/Consortium with partner having less than 10% share/ participation shall not be

allowed and that JV/ Consortium shall be disqualified. The JV/consortium as a whole

must satisfy both Technical and Financial eligibility criteria but the partners will be

jointly and severally responsible. A member of the JV/Consortium, which participates in

more than one proposal, will cause all the proposals in which the member has

participated to be disqualified.

RFP NO: 01/GC/MPMRCL/2016 SECTION 1: LETTER OF INVITATION

MADHYA PRADESH METRO RAIL CO LTD Page | 7

4. A Consultant will be selected under QCBS (Quality cum Cost Based Selection process

with 70% and 30% weights for Technical Proposal and Financial Proposal respectively)

as per procedures described in this RFP.

5. The RFP includes the following documents:

Section1–Letter of Invitation

Section 2 – Selection Procedures-Instructions to Consultant& Data Sheet

Section3 – Short listing of Consultant

Section4–Technical Proposal–Standard Forms

Section5–Financial Proposal–Standard Forms

Section6– Terms of Reference

Section7–Standard Form of Contract, GCC & SCC

Section8–Eligible Source Countries of Multilateral/Bilateral Loans

Section 9–List of Developing Countries

6. A complete set of the Request for Proposal RFP documents may be purchased by

interested Consultant(s) on the submission of tender document fee of Rs. 50,000/- non-

refundable (Excluding indirect taxes as applicable) through e-payment by

RTGS/NEFT/Credit Card as per online Tenders in e-tender portal of Government of

Madhya Pradesh.

7. Details on the proposal‘s submission date, time and address are provided in Clause 13.5

of the Instructions to Consultants (ITC).

RFP NO: 01/GC/MPMRCL/2016 SECTION 1: LETTER OF INVITATION

MADHYA PRADESH METRO RAIL CO LTD Page | 8

8. Schedule of important dates for this selection process is:

NOTE: Above dates & time are indicative in nature, as per requirement, MPMRCL can amend

the same.

Yours sincerely,

Sd/-

(VIVEK AGGARWAL, IAS)

MANAGING DIRECTOR

MADHYA PRADESH METRO RAIL CO LTD

Particulars

Clause

reference of

ITC

Scheduled Date and time

Sale period for PROPOSAL documents

ITC 13.5 14

th Feb 2017

17.30 hrs

2nd

Pre-proposal conference ITC 2.3

29th

Nov 2016

11.00 hrs

Last date of submission of suggestions on Addendum-III and

clarifications

ITC 9.1

and 9.2 1

st Dec 2016

Last date for issuance of Minutes of the 2nd

pre proposal

conference and addendum.

ITC 9.1

and 9.2 22

nd Dec 2016

Date for issuance of amended RFP ITC 9.1

and 9.2 09

th Jan 2017

Time and Date of the submission deadline for Proposal (online) ITC 13.5

15th

Feb 2017

15.30 hrs

Time and Date of the submission deadline for Proposal

(physical) ITC 13.5

16th

Feb 2017

15.30 hrs

Time & Date for Opening of ―Bid Guarantee/EMD and

proposal for shortlisting of consultant‖ ITC 13

16th

Feb 2017

16.30 hrs

Expected date for declaring shortlisted consultants ITC 15.2 24th

Feb 2017

Expected date for opening of Technical Proposal ITC 15.3

24th

Feb 2017

15.30 hrs

Expected date for opening of Financial Proposal ITC 15.5

20th

Mar 2017

15.30 hrs

Expected date for issuing LoI ITC 15.10 11th

April 2017

Expected date for execution of agreement ITC 16 25th

April 2017

Expected date for commencement of the Services ITC 18.2 29th

April 2017

RFP NO: 01/GC/MPMRCL/2016 SECTION 2(Part i): SELECTION PROCEDURE-ITC

MADHYA PRADESH METRO RAIL CO LTD Page | 9

SECTION 2 (Part-I): SELECTION PROCEDURES –ITC

Instructions to Consultants (ITC)

PROPOSAL DOCUMENT

FOR

SELECTION OF GENERAL CONSULTANT

FOR

METRO RAIL PROJECTS AT BHOPAL AND INDORE

RFP NO: 01/GC/MPMRCL/2016 SECTION 2(Part i): SELECTION PROCEDURE-ITC

MADHYA PRADESH METRO RAIL CO LTD Page | 10

Instructions to Consultants (ITC)

A. GENERAL PROVISIONS

1. Definitions As defined in General Condition of Contract (GCC).

2. Introduction

2.1 The Client named in the Data Sheet will select a consulting

firm/organization (the Consultant) from the shortlisted

Consultants in accordance with the QCBS method of selection.

2.2 The consultant needs to submit a ―Shortlisting of Consultant‖

Document, a Technical Proposal and a Financial Proposal, for

consulting services required for the assignment named in the Data

Sheet. The Proposal will be the basis for contract negotiations

and ultimately for a signed Contract with the selected Consultant.

2.3 The Consultants should familiarize themselves with the local

conditions relevant to the Services and take them into account in

preparing their Proposals; including attending a pre-proposal

conference if one is specified in the Data Sheet. Attending the

pre-proposal conference is optional and is at the Consultants‘

expense.

2.4 The Client will timely provide at no cost to the Consultants

the available inputs, relevant project data, and reports required

for the preparation of the Consultant‘s Proposal.

3. E-Tender

Procedure

3.1. Instruction to Bidder for e-Tendering

Note: Following conditions will over-rule the conditions stated

in the tender documents, wherever relevant and applicable.

E-Tendering:

For participation in e-tendering module of Directorate UAD, it

is mandatory for prospective bidders to get registration on

website www.mpeproc.gov.in. Therefore, it is advised to all

prospective bidders to get registration by making online

registration fee payment at the earliest.

The tender document can be downloaded from website

www.mpeproc.gov.in under Live Tenders against Department

name as ―Urban Administration and Development Department‖.

However, the tender document of those bidders shall be

acceptable who have made online payment for the tender

documents fee of Rs. 50,000/- (Rs. Fifty Thousand only)

RFP NO: 01/GC/MPMRCL/2016 SECTION 2(Part i): SELECTION PROCEDURE-ITC

MADHYA PRADESH METRO RAIL CO LTD Page | 11

excluding all indirect taxes& gateway charges, without which

bids will not be accepted.

Service and gateway charges shall be borne by the bidders.

As per the directions of the Controller of Certifying Authorities,

Ministry of Communication and Information Technology,

Government of India, a Class III Digital Certificate shall be

required to bid for all tenders solicited electronically. If the

bidder does not have such certificate, it may be obtained from

any of the registering authorities or certification authorities

mentioned on ―http://cca.gov.in/cca/?q=licensed_ca.html‖.

Kindly note that it may take at least three to five business days

for the issue of a digital certificate. Bidders are advised to plan

their time accordingly. MPMRCL, shall bear no responsibility

for accepting bids which are delayed due to non-issuance or

delay in issuance of such digital certificate.

If bidder is bidding first time for e-tendering, then it is

obligatory on the part of bidder to fulfill all formalities such as

registration, obtaining Digital Signature Certificate etc. well in

advance.

Bidders are requested to visit our e-tendering website regularly

for any clarifications and/or due date extension or

corrigendum/addendum.

Bidder must positively complete online e-tendering procedure at

www.mpeproc.gov.in

MPMRCL shall not be responsible in any way for delay/

difficulties/ inaccessibility of the downloading facility from the

website for any reason whatsoever.

For any type of clarifications bidders/contractors can visit

www.mpeproc.gov.in and help desk contact No. 18002588684

If clarification is not provided it will be deemed as provisions of

RFP shall prevail.

The bidder who so ever is submitting the tender by his Digital

Signature Certificate shall invariably upload the scanned copy

of the Letter of Authorization by the Consultant as well as

submit the copy of the same in physical form with the offer of

this tender.

Apart from uploading e-tender on website, bidder has to submit

separate envelopes of:

1. EMD of INR 40 Million (Rupees Forty Million only)

RFP NO: 01/GC/MPMRCL/2016 SECTION 2(Part i): SELECTION PROCEDURE-ITC

MADHYA PRADESH METRO RAIL CO LTD Page | 12

comprising of INR 10 Million in the form of DD and balance in

the form of Bank Guarantee (BG), and all relevant enclosures

for proposal for ―Shortlisting of consultant‖ in Envelop A;

EMD shall be uploaded and should also be sent in original,

along with proposal for shortlisting of consultant physically in

envelop stated above.

2. All relevant enclosures for ―Technical proposal‖ should be

placed in Envelop-B.

3. Envelop-A and Envelop-B be kept in separate sealed envelopes

in physical form (as well as both Envelops must be submitted

Online), the third envelope super scribing Envelop-C, refers

to financial proposal (which has to be submitted online only).

The envelope should be properly super scribed that this

envelope contains EMD, proposal for shortlisting of consultant

and Technical bid and other allied documents against respective

bid with due date & time of tender opening as per Bid- Key

Dates. This envelope should be submitted physically till date

and time of submission (as per Key Schedule). Bids received

within specified time (e-tender as well as physical submission)

shall only be opened on the date/time specified in presence of

the bidders or their authorized representatives, whosoever may

be present.

The prospective bidders will upload scanned self-certified

copies of requisite documents as required in e-tendering

process.

The Bid shall be accepted online up to 15th

February 2017,

The same shall be submitted physically at the office of the

client till 16th

February 2017, 15.30 hrs. at addressed

mentioned in the Data Sheet.

Those physically submitted documents will be acceptable and

considered, if, same are uploaded on the website along with the

financial proposal. Cognizance of other physically submitted

documents (if any) shall not be taken into consideration.

1. The physically submitted envelope of documents will be

opened and the tenders received without pre-requisite EMD

shall be rejected. The tender documents fee shall not be

refunded.

Earnest Money Deposit and the tender document fee:-

The Tender document fee of INR 50,000/- (Rs. Fifty Thousand

RFP NO: 01/GC/MPMRCL/2016 SECTION 2(Part i): SELECTION PROCEDURE-ITC

MADHYA PRADESH METRO RAIL CO LTD Page | 13

only) excluding all indirect taxes & gateway charges is to be

paid by bidder by making Online Payment only against RFP

No. 01/GC/MPMRCL/2016.

The EMD of INR 40 Million (INR Forty Million only)

comprising of INR 10 Million in the form of DD and balance in

the form of BG is to be submitted by bidder drawn in favor of

Managing Director, MPMRCL from an Indian Scheduled

commercial Bank (excluding Cooperative Banks) as defined in

Section 2(e) of RBI Act, 1934. The documents relating to EMD

shall be uploaded as well as physically submitted along with

proposal for shortlisting of consultant in a sealed Envelope-A

super scribing ―EMD of INR 40 Million (INR Forty Million

Only) against RFP No: RFP No.01/GC/MPMRCL/2016.‖ The

EMD along with proposal for shortlisting of consultant must be

submitted in Envelop-A.

No Proposal will be accepted without valid earnest money

deposit and Tender Document fee paid Online.

The prospective bidders/Consultants, submitting EMD envelope

in physical form as detailed above for respective proposal, will

upload scanned self-certified copies of requisite EMD

documents on the website. Only those physically submitted

documents regarding EMD shall be acceptable and considered,

if, same are uploaded in the website along-with tender offer.

Any mismatch, if found in the documents submitted in physical

form and that uploaded online, the documents submitted

ONLINE shall be considered final and no justification regarding

this shall be entertained by the MPMRCL.

Technical bid: - Bidders must positively complete online e-

tendering procedure at www.mpeproc.gov.in. They shall have to

submit the documents as prescribed in the RFP online in the

website.

Hard copies of above technical offer, (uploaded in the website)

must be submitted in a separate sealed envelope supers scribing

―Envelop-A EMD and Proposal for Shortlisting of consultant

and Envelop-B Technical Proposal for RFP No:

01/GC/MPMRCL/2016 for selection of general consultant for

Bhopal and Indore Metro as prescribed in RFP. Only those

physically submitted documents regarding technical bids shall

be acceptable and considered, if, same are uploaded in the

website along with the Financial Proposal to be submitted

online only.

RFP NO: 01/GC/MPMRCL/2016 SECTION 2(Part i): SELECTION PROCEDURE-ITC

MADHYA PRADESH METRO RAIL CO LTD Page | 14

Financial Proposal: - Bidder must submit the financial bid

document as per the format given in RFP/available Online and

uploaded as per instructions therein. If financial proposal is

submitted physically then proposal shall be rejected. The price

of technically qualified bidder shall be opened online at the

notified date. The bidder can view the price bid opening date by

visiting our web-site.

On the due date of tender opening, EMD along with proposal

for shortlisting of consultant and tender document fee (Envelop

A), will be opened online. Managing Director, MPMRCL

reserves the right for extension of due date of opening of

Envelop A, technical proposal (Envelop B) as well as Financial

Proposal (Envelop C).

Managing Director, MPMRCL reserves the right to accept or

reject any or all tenders without assigning any reason what so

ever.

In case, due date for Physical submission & opening of tender

happens to be a holiday, the due date shall be shifted to the next

working day for which no prior intimation will be given.

Any change/modifications/alteration in the RFP by the Bidder

shall not be allowed and such proposal shall be liable for

rejection.

For amendment, if any, please visit www.mpeproc.gov.in web

site regularly. In case of any bid amendment and clarification,

the responsibility lies with the bidders to note the same from

website of Directorate, Urban Administration and Development

Bhopal and MPMRCL. MPMRCL shall have no responsibility

for any delay/omission on part of the bidder.

3.2. Checklist for Bidders

Online Three envelope system shall be followed, but bidders

have to submit two envelopes physically also i.e.

Envelop A :

EMD

Proposal for Shortlisting of consultant:

Shortlisting Checksheet

Pro forma for Shortlisting of Consultant

Letter for Proposal

Power of Attorney

RFP NO: 01/GC/MPMRCL/2016 SECTION 2(Part i): SELECTION PROCEDURE-ITC

MADHYA PRADESH METRO RAIL CO LTD Page | 15

Power of attorney for Lead member

Memorandum of Understanding

Undertaking

Pending Litigations

Project Data Sheet

Summary of Information provided in project data sheet

Financial Data for Liquidity and Net worth

Financial Data of the Consultant

Envelop B :

Technical Proposal

Note:

Envelop-C Financial Proposal should be Submitted online only

and Envelop-A and Envelop- B should be submitted online as

well as physically.

If Envelop-A and Envelop- B is not submitted physically then

bid shall be rejected.

Please note that in any case if price-bid/Financial Offer

submitted manually then bid shall be rejected.

Proposal for only those bidders will be considered for Opening,

who has submitted their Bid online as well as in physical form

as mentioned above.

4. Conflict of Interest

a. Impartiality

4.1 The Consultant is required to provide professional, objective, and

impartial advice at all times holding the Client's interests

paramount, strictly avoiding conflicts with other assignments or

its own corporate interests, and acting without any consideration

for future work.

b. Conflict of

Interest

4.2 The Consultant has an obligation to disclose to the Client prior to

bidding any situation of actual or potential conflict that impacts

its capacity to serve the best interest of its Client. Failure to

disclose such situations may lead to the disqualification of the

Consultant or the termination of its Contract.

Without limitation on the generality of the foregoing and unless

stated otherwise in the Data Sheet, the Consultant shall not be

hired under the circumstances set forth below:

Conflicting a. Conflict between consulting activities and procurement of goods

or non-consulting services: A Consultant that has been engaged

RFP NO: 01/GC/MPMRCL/2016 SECTION 2(Part i): SELECTION PROCEDURE-ITC

MADHYA PRADESH METRO RAIL CO LTD Page | 16

Activities

to provide goods or non-consulting services for a project, or any

of its affiliates, shall be disqualified from providing consulting

services resulting from or directly related to those goods or non-

consulting services. Conversely, a Consultant hired to provide

consulting services for the preparation or implementation of a

project, or any of its affiliates, shall be disqualified from

subsequently providing goods or non-consulting services

resulting from or directly related to the consulting services for

such preparation or implementation.

Conflicting

Assignments

b. Conflict among consulting assignments: Neither a Consultant nor

any of its affiliates shall be hired for any assignment that, by its

nature, may be in conflict with another assignments of the

Consultant

Conflicting

Relationship

c. Relationship with Borrower's staff: A Consultant that has a close

business relationship with the Borrower's professional personnel

who are directly or indirectly involved in any part of: (i) the

preparation of the Terms of Reference for the assignment, (ii) the

selection process for the Contract, or (iii) the supervision of such

Contract, shall be disqualified.

One Bid per

Bidder

d. Based on the ―One Bid per Bidder‖ principle, which is to ensure

fair competition, a Consultant, and any affiliate that directly or

indirectly controls, is controlled by, or is under common control

with that Consultant shall not be allowed to submit more than one

proposal, either individually as a Consultant or as a member of a

Joint Venture/Consortium.

Others e. Any other form of conflict of interest other than (a) through (d) of

this ITC 4.2.

5. Corrupt and

Fraudulent

Practices

It is Client / funding agency’s policy to require that the

Consultant and the Client, as well as the Borrowers under

contracts funded with client / funding agency fund, shall

observe the highest standard of ethics during the

procurement and execution of such contracts. In pursuance

of this policy of client / funding agency:-

a. Will reject the result of evaluation of proposals if it determines

that the Consultant evaluated as the highest-ranked has engaged

in corrupt or fraudulent practices in competing for the contract in

question;

RFP NO: 01/GC/MPMRCL/2016 SECTION 2(Part i): SELECTION PROCEDURE-ITC

MADHYA PRADESH METRO RAIL CO LTD Page | 17

b. Will recognize a consultant as ineligible, for a period determined

by client/ funding agency, to be awarded a contract funded with

client/ funding agency if it at any time determines that the

consultant has engaged in corrupt of fraudulent practices in

competing for, or in executing, another contract funded with

client/ funding agency, and

c. Will recognize a Consultant as ineligible to be awarded a contract

funded with client/ funding agency if the Consultant is debarred

under the cross debarment decisions by the Multilateral

Development Banks. Such period of ineligibility shall not exceed

three (3) years from (and including) the date on which the cross

debarment is imposed.

"Cross debarment decisions by the Multilateral Development

Banks" is a corporate sanction in accordance with the agreement

among the African Development Bank Group, Asian

Development Bank, European Bank for Reconstruction and

Development, Inter-American Development Bank Group and the

World Bank Group signed on 9 April, 2010 (as amended from

time to time). Client will recognize the World Bank Group's

debarment of which period exceeds one year, imposed after 19

July, 2010, the date on which the World Bank Group started

operating cross debarment, as "cross debarment decisions by the

Multilateral Development Banks." The list of debarred firms and

individuals is available at the electronic address specified in the

Data Sheet.

Client/ funding agency will recognize a Consultant as ineligible

to be awarded a contract funded with client/ funding agency if

the Consultant is debarred by the World Bank Group for the

period starting from the date of issuance of this Request for

Proposals up to the signing of the contract, unless (i) such

debarment period does not exceed one year, or (ii) three (3) years

have passed since such debarment decision. If it is revealed that

the Consultant was ineligible to be awarded a contract according

to above, client/ funding agency will, in principle, impose

sanctions against the Consultant and the contract will stand

cancelled.

Consultant will also be recognized ineligible if it is at present

debarred /blacklisted by Govt. of India/State Governments/PSUs

and if enters into contract.

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6. Eligibility 6.1 A shortlisted Consultant shall be incorporated and registered

in any of the eligible source countries indicated in Section 8.

In case a shortlisted Consultant is a Joint Venture/Consortium,

each Joint Venture/ Consortium member shall be incorporated

and registered in any of the eligible source countries indicated in

Section 8.

6.2 A Consultant that has been determined to be ineligible by client/

funding agency in accordance with ITC 4.2 and ITC 5 above

shall not be eligible to be awarded the contract.

6.3 The Services that may be provided under the Contract and

financed by Client/ funding agency, shall have as their country

of origin any of the eligible source countries indicated in

Section- 8.

6.4 Consultants shall provide such evidence of their continued

eligibility satisfactory to the Employer, as the Employer shall

reasonably request.

B. Preparation of Proposals

7. Preparation

of Proposals

7.1 In preparing the Proposal, the Consultant is expected to examine

the RFP (including shortlisting requirements) in detail. Material

deficiencies in providing the information requested in the RFP

may result in rejection of the Proposal.

7.2 The Consultant shall bear all costs associated with the

preparation and submission of its Proposal and contract

negotiation.

7.3 The Client is not bound to accept any proposal, and reserves the

right to annul the selection process at any time prior to Contract

award, without thereby incurring any liability to the Consultant.

7.4 The Proposal, as well as all related correspondence exchanged

by the Consultant and the Client, shall be written in the language

specified in the Data Sheet.

8. Proposal

Validity

8.1 The Data Sheet indicates the period during which the

Consultant‘s Proposal must remain valid after the Proposal

submission deadline.

8.2 During this period, the Consultant shall maintain its original

Proposal without any change, including the availability of the

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Key Experts, the proposed rates and the total price.

a. Extension of

Validity

Period

8.3 The Client will make its best effort to complete negotiations

within this period. However, if required the Client may ask, in

writing, all Consultants to extend the validity period of their

Proposals. Consultants who agree to such extension shall

confirm that they will maintain the availability of the Key

Experts named in the Proposal.

8.4 Consultants, who do not agree, have the right to refuse to extend

the validity of their proposals in which case their Proposals will

not be further evaluated.

b. Substitution

of Key

Experts at

Validity

Extension

8.5 If any of the Key Experts become unavailable for the extended

validity period, the Consultant shall provide a written adequate

justification and evidence satisfactory to the Client together with

the substitution request. In such case, a replacement Key Expert

shall have equal or better qualifications and experience than

those of the originally proposed Key Expert. The technical

evaluation score, however, will remain to be based on the

evaluation of the CV of the original Key Expert.

9. Clarification and Amendments of RFP

a. Clarification

of RFP

9.1 Consultants may request a clarification of any of the RFP

documents up to the number of days indicated in the Data Sheet

before the proposal submission deadline date. Any request for

clarification must be sent via email to

[email protected]. The Client will respond in writing

and upload the clarification on e-tendering portal. Should the

Client deem it necessary to amend the RFP as a result of a

clarification, it shall be done by following the procedure under

ITC 9.2. If clarification is not given then it should be understood

that provisions of RFP shall prevail.

b. Amendment

of RFP

9.2 The Client may amend the RFP by issuing an

addendum/corrigendum in writing or by standard electronic

means in sufficient time before the submission of Proposals. The

addendum/corrigendum/Clarification (if any) shall be uploaded

on e-tendering portal i.e. www.mpeproc.gov.in and shall be

binding on consultant/bidding entity. The Consultant shall

acknowledge receipts of all the amendments. To give

Consultants reasonable time in which to take an amendment into

account in their Proposals the Client may, if the amendment is

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substantial, extend the deadline for the submission of Proposals.

9.3 The Consultant may submit a modified Proposal or a

modification to any part of it at any time prior to the proposal

submission deadline. No modifications to the Proposal shall be

accepted after the deadline.

10. Preparation

of Proposals –

Specific

Considerations

10.1 While preparing the Proposal, the Consultant must give

particular attention to the following:

i. This proposal is a one stage three Envelop system, consultant

have to submit ―EMD‖ along with proposal for ―Shortlisting of

Consultant‖, ―Technical proposal‖ & ―Financial Proposal‖

ii. The consultants/JVs/Consortium who fulfill the criteria of

―shortlisting of consultant (initial filter)‖ will only be eligible for

further evaluation of ―technical proposal‖

iii. Technical Proposal of the consultants/JVs/Consortium who

doesn‘t fulfill the initial requirements (―shortlisting of

consultant‖) will not be evaluated and will be returned

unopened.

iv. For the purpose of submitting a proposal, a Consultant (lead

member) may enhance its expertise for the assignment by

Forming a Joint Venture/consortium with other firms as per

provisions of RFP.

10.2 In the event that the Consultant constitutes a Joint

Venture/consortium, the Consultant shall submit (i) a copy of the

Joint Venture/ consortium Agreement/MOU (Annexure-3 of

Section 3) with its Proposal, and (ii) a power of attorney

(executed by all members) that authorizes the designated lead or

managing member of the Joint Venture/ consortium to act for

and on behalf of the Joint Venture/ consortium and to legally

bind such Joint Venture/ consortium in any contractual or similar

documentation (Annexure 2 & 2A of section 3).

i. The Joint Venture/ consortium Agreement shall identify the lead

member. All members in a Joint Venture/ consortium shall sign

the Proposal unless the lead member is nominated to do so in the

power of attorney.

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ii. Consultants shall not propose alternative Key Experts. Only one

CV shall be submitted for each Key Expert position. Failure to

comply with this requirement will make the Proposal non-

responsive.

11. Technical

Proposal

Format and

Content

11.1 The Technical Proposal shall provide the information indicated

in the following paragraphs from (i) to (vii) using the attached

Standard Forms (Section 4). The following table summarizes the

content and recommendation for number of pages. A page is

considered to be one printed side of A4 or letter size paper.

Voluminous Technical Proposals substantially exceeding the

number of pages indicated below may not be evaluated.

Technical proposal

submission form

(TECH 1)

Experience of the Firm i. About two (2) pages introducing the

Consultant‘s organization and

general experience (TECH-2A)

ii. About sixty (60) pages of relevant

completed projects illustrating the

Consultant‘s relevant experience

(TECH-2B). No promotional

material should be included

Suggestion/Comments on

terms of reference

No limit, but should be concise and to

the point (TECH-3).

General approach and

methodology, work plan

Maximum of fifty (50) pages

inclusive of charts and diagrams

(TECH-4).

Team Composition, Task

Assignments and Summary

of CV Information

(TECH-5)

Key Experts‘ CVs Maximum of five (5) pages for each

Key Expert‘s CV ( TECH-6)

Expert schedule (TECH-7)

Work Schedule (TECH-8)

Deployment Schedule (TECH-9)

Acknowledgement of (TECH-10)

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Compliance

Non-Key Experts‘ CVs (TECH-11)

Support Staff CVs (TECH-12)

i. A brief description of the Consultants‘ organization and an

outline of recent experience of the Consultants and, in the case

of Joint Venture/Consortium, for each member, on assignments

of a similar nature are required in TECH-2. For each assignment,

the outline should indicate the names of JV/consortium

partners/experts who participated, duration of the assignment,

contract amount, and Consultant‘s involvement. Information

should be provided only for those assignments for which the

Consultant was legally contracted individually as corporate

entity or, as a lead firm or one of members within a Joint

Venture/ consortium. Assignments completed by individual

Experts working privately or through other consulting firms

cannot be claimed as the experience of the Consultant, or that of

the Joint Venture/ consortium members, but can be claimed by

the Experts themselves in their CVs. Consultants should be

prepared to substantiate the claimed experience if so requested

by the Client.

ii. Comments and suggestions for modification or improvement to

the Terms of Reference to enhance performance in carrying out

the assignment should be mentioned (such as deleting some

activity you consider unnecessary, or adding others, or

proposing a different phasing of the activities, any

innovative/creative suggestions that has a positive impact on

overall project) in ―Tech-3: Comments and Suggestions on

TOR”. Financial applicability of such comments and

suggestions shall be included in the FIN-3D of Financial

Proposal.

iii. A description of the approach, methodology and work plan for

performing the assignment covering the following subjects:

technical approach and methodology, staffing for training, work

plan, and organization and Expert schedule. Guidance on the

content of this section of the Technical Proposals is provided

under TECH-4. The work plan should be consistent with the

Work Schedule (TECH-8) and Deployment schedule (TECH-9)

which has to be shown in the form of a bar chart about the

timing proposed for each activity.

iv. The list of the proposed team by area of expertise, the position

that would be assigned to each team member, their tasks and a

summary of essential CV information (TECH-5).

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v. CV‘s of the key experts shall be signed in ink/digitally signed by

the Key Experts themselves and by the authorized representative

submitting the proposal (TECH-6).‖At the time of contract signing

original signature of key experts shall be submitted.

vi. Estimates (man-months) of the Experts needed to carry out

the assignment (TECH-7): The man- months input should be

indicated for field/on-site/back-office activities. Any Back office

working necessarily required to perform the Services for Terms

of Reference will be paid as per Financial Proposal and

Deployment Schedule.

vii. The Acknowledgement of Compliance with the Guidelines for

Employment of Consultants (TECH-10). The Consultant's

authorized representative shall sign and date this Form on behalf

of the Consultant.

11.2 The Technical Proposal shall not include any financial

information. A Technical Proposal containing material financial

information shall be declared non responsive.

12. Financial

Proposals

Format and

Content

12.1

i. The Financial Proposal shall be prepared using the Standard

Forms provided in Section 5 of the RFP. The minimum number

of man-months required to carry out the Services is indicated in

the Data Sheet for information. It shall list all costs associated

with the assignment, including remuneration for Key Experts,

Non-Key Experts and support staff.

ii. The Financial Proposal requires completion of three forms, FIN-

1 to FIN-3 shown in Section 5.

iii. FIN-1 is the Financial Proposal Submission Form.

iv. FIN-2 summarizes the proposed cost(s) in INR currency. It shall

list all costs associated with the assignment, including

remuneration, allowances and other overheads. The total

amounts of remuneration in FIN-2 shall be consistent with those

amounts in FIN-3.

v. FIN-3 comprising of FIN-3A, 3B, 3C & 3D, provided for

remuneration and other over heads.

vi. All activities and items described in the Technical Proposal must

be priced. Any activity related omissions, any activities or items

described in the Technical Proposal but not priced, shall be

assumed to be included in the prices of other activities or items

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provided for in the Financial Proposal.

vii. For remuneration related costs, for evaluation purposes only, if

less than the minimum number of man-months specified in the

Data Sheet is provided in the Technical Proposal, the relevant

Financial Proposal will be adjusted to reflect the difference

between the proposed number of man-months and the number of

the minimum man-months. Such an adjustment will be made for

each of the Experts through adding the amount obtained as

follows:

Aad = (Mmin–Mpro) × RRh

where:

Aad: Amount adjusted

Mmin: Minimum no. of man-months as specified in ―Data

Sheet-15‖

Mpro: Number of man-months proposed

RRh: The highest remuneration rate per month in respective

position among all the Proposals

(a) Taxes 12.2 The Consultant and Experts are responsible for meeting all tax

liabilities arising out of the Contract unless otherwise stated in

the Data Sheet. Information on taxes in India is provided in the

Data Sheet. Any local indirect taxes as payable by the Client in

terms of Clause 13 of Section 7: Special Conditions of Contract

will be excluded at financial evaluation, but they will be

discussed at Contract negotiations, and applicable amounts will

be included in the Contract value.

(b) Currency

of

Proposal

and

Payment

12.3 Consultants shall express the price of their services in INR.

12.4 Payments under the Contract shall be made in INR only.

C. Submission, Opening and Evaluation

13. Submission,

Receipt, and

Opening of

Proposals

13.1 The Consultant shall submit a signed and complete Proposal

comprising the documents and forms in accordance with ITC 3,

12 and 13. The submission of complete proposal is to be done

via electronic tendering system of GoMP and original copy of

EMD along with one hard copy of Shortlisting of Consultant

(Envelope A) & one hard copy of Technical proposal (Envelope

B) is to be submitted at the address mentioned in data sheet as

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per [ITC clause 3].The financial proposal (Envelop C) shall be

submitted online only.

13.2 The Proposal shall contain no interlineations or overwriting,

except as necessary to correct errors made by the Consultants

themselves. The person who signed the proposal must initial

such corrections. Submission letters for all the three documents–

―Shortlisting of Consultant (initial filter)‖, Technical and

Financial Proposals should be in the format of Annexure 1 of

Section 3, TECH-1 of Section 4 and FIN-1 of Section 5,

respectively, including required attachments, if any.

It is expressly clarified that before submitting the bid the

bidder must have examined carefully the contents of all the

documents and any failure to comply with any of the

requirement of this document will be a bidder‘s risk.

While submitting the proposal the bidder would submit a

certification that they have:

i. Made a complete and careful examination of requirements and

other information set forth in this tender Document

ii. Made a complete and careful examination of the various

aspects of the Project including but not limited to:

The Project site

All matters that might affect the bidder‘s performance

during the Construction of the Project, if awarded

MPMRCL shall not be liable for any mistake or error or

neglect by the bidder in respect of the above.

13.3 An authorized representative of the Consultants shall digitally

sign Financial Proposal. The authorization shall be in the form

of a written power of attorney accompanying the Proposal.

13.4 The original ―BID GUARANTEE/EMD and PROPOSAL FOR

SHORTLISTINGOF CONSULTANT” and ―TECHNICAL

PROPOSAL‖ shall be placed in a sealed envelope clearly

marked ―BID GUARANTEE/EMD and PROPOSAL FOR

SHORTLISTINGOF CONSULTANT:(Envelope A)‖ and

―TECHNICAL PROPOSAL: (Envelope B)‖. TECHNICAL

PROPOSAL should be clearly marked ―DO NOT OPEN

WITH THE BID GUARANTEE/EMD and PROPOSAL

FOR SHORTLISTING OF CONSULTANT”. The Financial

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proposal (Envelope C) is to be submitted online only.

Submission in any other form shall not be acceptable. The

envelopes containing the ―EMD‖, copy of the proposal for

―Shortlisting of Consultant‖ and ―Technical proposal‖ shall be

placed into an outer envelope and sealed. This outer envelope

shall bear the submission address, reference number and be

clearly marked "DO NOT OPEN, EXCEPT IN PRESENCE

OF THE OFFICIAL APPOINTED, BEFORE [insert the

time and date of the submission deadline indicated in the Data

Sheet]". The Client shall not be responsible for misplacement,

lost or premature opening if the outer envelope is not sealed

and/or marked as stipulated. This circumstance may be lead to

Proposal rejection.

13.5 The Proposals must be sent to the address indicated in the Data

Sheet and received by the Client no later than the time and the

date indicated in the Data Sheet, or any extension to this date in

accordance with ITC 9.2. Any proposal received by the Client

after the deadline for submission shall be returned unopened.

14. Substitution

and

Modifications

14.1 The Consultants may substitute or modify their Proposal after it

has been submitted by sending a written notice, duly signed by

an authorized representative. However Consultant must

substitute or modify their proposal submitted online

accordingly, failing so, the physically submitted substitution or

modification will not be entertained (Substitution or

modification to Financial proposal should be done online only)

before the last date and time of online submission. The

corresponding substitution or modification of the Proposal must

accompany the respective written notice. All notices must be:

a. Prepared and submitted in accordance with ITC 13.1 through

ITC 13.5, and in addition, the respective envelopes shall be

clearly marked

b. Received by the Client prior to the deadline prescribed

for submission of Proposal, in accordance with ITC 13.5.

14.2 Respective Envelopes marked ―SUBSTITUTION‖ shall be

opened on respective dates, only if it is submitted online also.

The envelopes containing the Proposal for Shortlisting of

consultant and/or Technical Proposal marked substitution shall

be exchanged for the corresponding envelopes being

substituted, which are to be returned to the Consultant

unopened (Substitution to Financial proposal should be done

online only). No envelope shall be substituted unless the

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corresponding ―substitution notice‖ contains a valid

authorization to request the substitution is submitted online

also.

14.3 Respective Envelopes marked ―MODIFICATION‖ shall be

opened on respective dates along with the Original proposal

Envelops, only if it is submitted online also (Modification to

Financial proposal should be done online only). No Proposal

shall be modified unless the corresponding modification notice

contains a valid authorization to request the modification is

submitted online also.

15. Proposal

Evaluation

15.1 Except for the written communications for clarification of the

Proposals, from the time the Proposals are opened to the time

the Contract is awarded, the Consultants should not contact the

Client on any matter (other than for seeking any clarification)

related to its Shortlisting of Consultant, Technical and Financial

Proposal. Any effort by Consultants to influence the Client in

the examination, evaluation, ranking of Proposals, and

recommendation for award of Contract may result in the

rejection of the Consultants‘ Proposal.

15.2 The client, on the respective due dates, shall open Envelop A

(containing e-receipts of tender document fee and Bid

Guarantee/EMD along with shortlisting of consultant).If found

correct, then only Envelop B shall be opened and Client shall

evaluate the ―Technical proposal‖ on the basis of criteria

mentioned in the data sheet. Consultant who qualifies the

―Shortlisting of Consultant(initial filter)‖ shall be evaluated

further. Proposal of Consultants who do not qualify this

―Shortlisting of Consultant (initial filter)‖ will not be evaluated

further and shall be returned unopened.

The Financial Proposals shall not be opened until the technical

evaluation is concluded.

a. Evaluation of

Technical

Proposal

15.3 The Client shall evaluate the Technical Proposals on the basis

of their responsiveness to the RFP with reference to the Terms

of Reference, applying the evaluation criteria, sub-criteria, and

point system specified in the Data Sheet. Each responsive

Proposal will be given a technical score (St). A Proposal shall

be rejected at this stage if it does not respond to mandatory

aspects of the RFP, and particularly to the Terms of Reference

or if it fails to achieve the minimum technical score indicated in

the Data Sheet.

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15.4 After the technical evaluation is completed, the Client will

notify those Consultants whose Proposals did not meet the

minimum qualifying mark or were considered non-responsive to

the RFP, and their financial proposal will not be opened.

b. Opening of

Financial

Proposal

15.5 The expected date for the public opening of the Financial

Proposals is indicated in the Data Sheet. Financial proposal of

only those consultants who have secured the minimum

qualifying marks shall be opened.

15.6 Financial Proposals shall be opened in the presence of the

Consultant‘s representatives who choose to attend. The name of

the Consultants; and the technical scores of the Consultants

shall be read aloud. Financial Proposals of technically qualified

consultants shall be then opened, and the total prices be read

aloud and recorded.

c. Evaluation of

Financial

Proposal

15.7 The Client will review the detailed content of each Financial

Proposal and also the congruency of the Technical and

Financial Proposal. Financial Proposals will be reviewed to

ensure that, these are:

In case of any activity related omissions, or any activity/items

described in the Technical Proposal is not priced, the Client

will price them by applying the highest unit cost of the omitted

item from the Financial Proposals of the other Consultants and

will be added to the offered price as per the formula mentioned

in ITC 12.1 (vii). In case of quantity reduction, on the basis of

rate mentioned by the consultant cost will be calculated and

will be added to the offered price. Any arithmetical errors shall

also be corrected. When correcting computational errors, in

case of discrepancy between:

(a) a partial amount and the total amount, the partial amount

shall prevail;

(b) words and figures, the words shall prevail.

The evaluated total price (ETP) for each Financial Proposal will

be determined. The ETP excludes non-competitive

components.

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(i). In compliance with the requirements set forth in the Data Sheet,

the validity period of the Consultant‘s Proposals must accord

with the validity period indicated in the Data Sheet. Provision

for a discount in any Financial Proposal is not permissible and

the ETP for each Financial Proposal will be determined without

applying any discount.

15.8 The lowest evaluated Financial Proposal will receive the

maximum score of 100 marks. The score for every other

Financial Proposal is inversely proportional to its ETP and will

be computed as follows:

Sf = (100 ×Fmin)/F

where:

Sf: is the financial score of the Financial Proposal being

evaluated,

Fmin: is the ETP of the lowest priced Financial Proposal

[Single Financial proposal for Bhopal (PIU), Indore

(PIU) and HO (PMU)],

F: is the ETP of the Financial Proposal under

consideration [Single Financial proposal for Bhopal

(PIU), Indore (PIU) and HO (PMU)].

15.9 After completion of evaluation of Technical and Financial

Proposals, final ranking of the Proposals will be determined.

This will be done by normally applying a weightage as

specified in the Data Sheet to the technical and financial score

of each evaluated qualifying Technical and Financial Proposal

and then computing the relevant combined total score for each

Consultant as follows:

TS = (Tw× St) + (Fw× Sf)

where :

TS : Total Score

Tw : Technical Weightage

St : Technical Score

Fw : Financial Weightage

Sf : Financial Score

15.10 After final ranking, the first-ranked Consultant with highest

Total Score will be invited for contract negotiations. After

which LOI shall be issued.

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D. Negotiations and Award

16. Negotiations 16.1 The negotiations will be held at the date and address as decided

by the client, with the Consultant‘s Representative who must

have written power of attorney to negotiate and sign a Contract

on behalf of the Consultant.

16.2 The consultant shall submit the negotiated offer duly signed to

the client.

a. Availability of Key Experts

16.3 The invited Consultant shall confirm the availability of all Key

Experts included in the Proposal as a pre-requisite to the

negotiations, or, if applicable, a replacement in accordance

with GCC.

b. Technical Negotiations

16.4 The negotiations include but not limited to discussions of the

Terms of Reference (TOR), the proposed methodology, the

Client‘s inputs, the special conditions of the Contract, and

finalizing the ―Description of Services‖ part of the Contract.

These discussions shall not substantially alter the original scope

of services under the TOR or the terms of the contract, lest the

quality of the final product, its price, or the relevance of the

initial evaluation be affected.

c. Financial Negotiations

16.5 The financial negotiations will include a clarification of the

Consultant‘s tax liability in India and how it will be reflected in

the Contract; and to reflect the agreed technical modifications in

the cost of the services.

16.6 The financial negotiations will, if necessary, fine-tune duration

of the Expert's inputs and quantities of items that may be

increased or decreased from the relevant amounts shown or

agreed otherwise in the Financial Proposal but without

significant alterations.

17. Conclusion of

the

negotiations

Negotiations will conclude with a review of the draft Contract

Agreement. To complete negotiations the Client and the

Consultant will initial the agreed Contract Agreement.

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18. Award of

Contract

18.1 After completing negotiations the Client shall award the

Contract to the successful Consultant and notify the other

Consultants who have submitted proposals that they were

unsuccessful.

18.2 The successful Consultant is expected to commence the

Services on the date and at the location specified in the Data

Sheet.

19. Confidentiality Information relating to evaluation of Proposals and

recommendations concerning awards shall not be

disclosed to the Consultants who submitted the Proposals or to

other persons not officially concerned with the process, until the

award of Contract.

20. Duration of

Project

Duration of project will be 4 years i.e. 48 months and Defect

Liability Period (DLP) will be 12 months over and above 4

years.

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SECTION 2 (Part-II): SELECTION PROCEDURES - DATA SHEET

PROPOSAL DOCUMENT

FOR

SELECTION OF GENERAL CONSULTANTS

FOR

METRO RAIL PROJECTS AT BHOPAL AND INDORE

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Data Sheet

Clause

No

Particulars Reference

of ITC

1 Name of the Client:

MADHYA PRADESH METRO RAIL CO LTD.(MPMRCL)

2.1

2 Name of the assignment:

SELECTION OF GENERAL CONSULTANTS FOR METRO RAIL

PROJECTS AT BHOPAL AND INDORE

2.2

3 Duration of Project: 48 Months for implementation and 12 months for

DLP

20

4 Method of selection: Quality cum Cost Based Selection (QCBS) –

70:30

Technical Weightage (Tw) : 70 %

Financial Weightage (Fw) : 30 %

1

5 Client:

MADHYA PRADESH METRO RAIL CO LTD

Palika Bhawan

Shivaji Nagar, Bhopal, Pin – 462016

Madhya Pradesh, INDIA

Telephone: +91-755-2552730

E-mail: [email protected]

1

6 The Client will provide,

i. Project data, reports etc. as per availability.

ii. office space

2.4

7 A list of debarred firms and individuals is available at the World Bank‘s

website: www.worldbank.org/debarr

5 (c)

8 Evaluation will be done as per clause 3 and clause 16 of Section 2, Part

I: INSTRUCTIONS TO CONSULTANTS (ITC).

3 and 15

9 A single Technical Proposal but with core team at PMU (HO) &

separate teams in PIU‘s for each city (Bhopal & Indore) needs to be

submitted. Core team shall be deployed at PMU (HO) only, as

mentioned in Section 6, Annexure –III A(E-1 and E-2) & Annexure -III

12

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B(E-1 and E-2)

Single Financial proposal for Bhopal (PIU), Indore (PIU) and HO

(PMU) is to be submitted.

10 Offer from a consultant shall be considered ineligible if the consultant

or any of its constituents have been barred/ blacklisted for suspension of

business by central government/state government/public sector

undertaking in India as on date of submission of proposal.

5(c)

11 Proposals shall be submitted in English

All accurate translations must be notarized by a notary of respective

country and legalized by the concerned Ministry of External

Affairs/Ministry of Foreign Affairs/Embassy/High Commission of

India in respective countries. However, in case such entity is from a

country which has signed The Hague Legislation Convention1961, then

the said translation is not required to be legalized by the Indian

Embassy if it carries a conforming Apostle certificate.

7.4

12 Proposals must remain valid up to180 days from Date for Opening of

―Bid Guarantee/EMD and proposal for shortlisting of consultant‖ as

specified in point No. ―8: Schedule of important dates for this selection

process‖ of ―Section-1: Letter of Invitation‖.

8.1

13 Clarifications may be requested by Consultants/Bidders on following

email id :-

E-mail: [email protected]

and clarification(if any)/corrigendum/addendum will be uploaded on e –

tendering portal i.e. www.mpeproc.gov.in

9.1and 9.2

14 Not with standing anything contrary contained in ITC 12, 13 and 14;

a. the Consultant shall submit with its Proposal a Bid Guarantee/EMD

for the sum INR 40 Million (INR Forty Million) comprising of

INR 10 Million in the form of DD and balance in the form of BG

issued from an Indian Scheduled commercial Bank (excluding

Cooperative Banks) as defined in Section 2(e) of RBI Act, 1934

read with Attachment 2 to Data Sheet. The Bid Guarantee (DD and

BG both) shall remain valid for a period of 60 (sixty) days beyond

the validity of the Proposal, as specified in point No. ―12: of

DataSheet‖.

b. The Bank Guarantee (BG) of a JV/Consortium must be issued in

favor of Managing Director, MPMRCL on behalf of Lead Member

of the JV/Consortium and also indicate names of all other members

3 and 13.4

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in the bank guarantee.

c. Soft copies of Bid Guarantee /EMD(DD and BG both) is to be

submitted along with proposal for shortlisting of Consultant online

via e-tender portal of GoMP and original copies is to be submitted

along with proposal for shortlisting of Consultant in envelope A.

d. Any Proposal not accompanied by an acceptable Bid Guarantee

shall be rejected by the Client as non-responsive.

e. The Bid Guarantee of the successful Consultant shall be returned

upon the execution of the Contract and on receipt of the

Performance Guarantee by the Client in accordance with SCC

Clause of section 7.

f. The Bid Guarantee of the unsuccessful Consultants shall be released

when the Contract Agreement has been signed with the successful

Consultant. However, the Bid Guarantee of the consultants, whose

Proposal is rejected in terms of Clause 16.2 & 16.4 of ITC, will be

returned after opening of Financial Proposals of other eligible

Consultants.

g. The Bid Guarantee shall be forfeited:

1. if the Consultant withdraws its Proposal during the period of

Proposal validity; or

2. if the Consultant does not accept the correction of its price

pursuant to Clause 16.7 (i) of ITC; or

3. if the successful Consultant refuses or neglects to engage in

contract negotiations, to execute the Contract after successful

negotiations or fails to furnish the required Performance

Guarantee within the time specified by the Client; or

4. if a Consultant engages in a corrupt practice, fraudulent practice,

coercive practice, undesirable practice or restrictive practices.

15 Minimum numbers of man-months for Experts are:

Minimum positions, minimum number of man-months for Key Experts and

Non-Key Experts, minimum qualification and experience of Non-Key

Experts are as per Attachment III A & Attachment III B of Terms of

Reference (Section 6.).

Experts

Key Experts

(man-

months)

Non-Key

Experts (man-

months)

Support Staff

(man-

months)

Total

(man-

months)

3648 8300 4572 16520

12.1

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16 All direct taxes applicable in State of Madhya Pradesh and in India to be

included.

All indirect taxes applicable in the State of Madhya Pradesh and in India

are to be excluded from quoted amount of competitive component and

to be mentioned under indirect local tax estimates along with supporting

documents with mentioning rates, quantities and amount of taxes, etc.

Such indirect taxes may include but not limited to Value Added

Tax(VAT), Sales Tax, Central Sales Tax, Octroi, Custom Duty, Excise

Duty, Service Tax, etc. for which the Consultant is to obtain

information at their own source and comply with, in arriving the

estimated value of such taxes.

12.2

17 The submission of complete proposal is to be done via electronic

tendering system of GoMP (e-procurement website i.e.

www.mpeproc.gov.in) and Original Bid Guarantee/EMD, one hard

copy of ―Shortlisting of Consultant (initial filter)‖, one hard copy of

Technical proposal is to be submitted at the address mentioned in data

sheet on or before submission date and time.

13.1

17.1 a. Soft copy of Bid Guarantee/EMD is to be submitted along with

Shortlisting of consultant online via e-tender portal of GoMP and

original copy is to be submitted along with Shortlisting of

consultant physically in Envelope A.

b. Consultant must include separate sealed envelopes clearly marked

“BID GUARANTEE/EMD and PROPOSAL FOR

SHORTLISTINGOF CONSULTANT‖ followed by the name of

the assignment, containing valid original Bid Guarantee/EMD and

proposal for shortlisting of consultant, into the envelopes A, in

addition to this envelopes B containing ―Technical proposal‖ should

also be submitted physically. Any Proposal not accompanied by an

acceptable Bid Guarantee/EMD and aforementioned documents

shall be rejected by the Client as non-responsive.

13.4

17.2 ―Technical Proposal‖ and ―proposal for shortlisting of Consultant and

EMD‖ to be submitted together but in separate envelops physically.

Note: Financial proposal must be submitted online only in Envelope-C,

EMD and Proposals for Shortlisting of consultant in Envelope-A and

Technical proposal in Envelope-B is to be submitted physically as well

as online.

3.1

17.3 Time and date of the Proposal submission deadline:

a. (Online)

13.5

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- Time: 15:30 Hrs. (Indian Standard Time)

- Date: 15th February 2017

b. (Physical)

- Time: 15:30 Hrs. (Indian Standard Time)

- Date: 16th February 2017

17.4 Time & Date for opening of Bid Guarantee/EMD and the shortlisting of

consultant document

( Envelop A ):

- Time: 17:30 Hrs. (Indian Standard Time)

- Date: 16th

February 2017

3.1 and 13.1

17.5 Time & Date for opening of the Technical Proposal (Envelope B):

- Time: 15:30 Hrs. (Indian Standard Time)

- Date: 24th

February 2017

3.1 and 13.1

18 Consultants must submit original copies of Bid Guarantee/EMD, hard

copies of the ―Shortlisting of Consultant (initial filter)‖ and Technical

Proposal to the Client to the following address:

Attention: Managing Director

MADHYA PRADESH METRO RAIL CO LTD

Address:

Palika Bhawan

Shivaji Nagar, Bhopal, Pin – 462016

Madhya Pradesh, INDIA

13.5

19 Criteria, sub-criteria, and point system for the evaluation are:

Points

(i) Experience of the Consultants to the relevant

eligible assignments: 30

Total points for criterion (i) : 30

(ii) Adequacy of the proposed methodology and

work plan in responding to the Terms of

Reference:

a. Technical approach and methodology 10

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b. Work Plan 08

c. Organization and Staffing 02

Total points for criterion (ii): 20

(iii) Key Expert‘s qualifications and competence for

the assignment:

50

Maximum numbers of points for each Key Experts for the

positions or disciplines are mentioned in Attachment-1 to Data

Sheet, for which each Key Expert will be evaluated.

Total points for criterion (iii): 50

Total points for the three criteria: 100

The minimum technical score (St) required to

qualify for next stage is: 70 Points

The ground for number of points to be assigned against above

criteria, sub-criteria, and point system are specified in

Attachment-1 to Data Sheet.

20 Time & Date for opening of the Financial Proposal (Envelope C):

- Time: 15:30 Hrs. (Indian Standard Time)

- Date: 20th

March 2017

15.5

21 The single currency for price conversion is: Indian National Rupees.

The source of official selling rates is: Reserve Bank of India,

https://www.rbi.org.in

The date of exchange rates is: 19.01.2017 (the date, twenty eighty (28)

days prior to the date specified for submission of Proposals)

15.7

22 Expected date and address for execution of agreement

Date: 25th

April 2017

Venue:

MADHYA PRADESH METRO RAIL Co LTD

Address:

Palika Bhawan

Shivaji Nagar, Bhopal, Pin – 462016

16.1

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Madhya Pradesh, INDIA

Or as specified in the letter of the Client.

23 Expected date for commencement of services: 29th

April 2017 18.2

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Attachments to Data Sheet:

Attachment1:For Data sheet

Ground for number of points to be assigned against criteria, sub-criteria and point system

as mentioned under clause 19 of Data Sheet:

Clause

No Particulars Points

19. (i) Experience of the Consultants to the relevant eligible assignments:

The number of points for Experience of the relevant eligible assignment*

projects of network not less than 20 km with similar complexity and

technical specialty and the relevant eligible assignment projects in which fee

excluding indirect taxes valued at not less than Rs 900 million (Rs 90

crore)# have been received from each project by the member(s) of the

bidding consortium in the previous 10 years i.e. from date 01.01.2006 to

31.12.2015 shall be determined considering the following:

>5 projects 30 marks

4-5 projects 20 marks

1-3 projects 10 marks

Necessary information regarding these shall be submitted in TECH -2 (B)

*Relevant eligible assignments for consultant shall be projects of General

Consultancy/ General Engineering Consultancy/Project Management

Consultancy/ Independent Engineers for project implementation authority

for Metro/ LRT projects. Projects of Detail Design/Feasibility/Detailed

Project Report shall not be considered as eligible projects.

#Amounts relating to the year on or before 31.12.2014 will be escalated by

multiplying corresponding escalation factor based on yearly compounded

method at the rate of 5% per year for Indian Rupees and 2% per year for

foreign currency(ies) for calculating received consultancy fees at price level

of year 2015, as per table in ‗Tech 2 B‘.

30

Total points for criterion 19(i): 30

19. (ii) Adequacy of the proposed methodology and work plan in response to

the Terms of Reference:

19. ii).a Technical approach and methodology 10

19. ii).b Work plan 8

19.

(ii).c

Organization and staffing 2

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Criterion 19(ii).a (Technical Approach & Methodology):-

For Technical Approach & Methodology: the Consultant‘s submission

will be evaluated and one of the following grades will be given:

Excellent: The Consultant properly understands the current

situation, objectives, scope of work, covers all the components and

understands the requirement comprehensively, draws attention to

all main issues related to the assignment and raises/addresses

important issues covered in the Tech-4 along with those have not

been considered in TOR/Tech-4. The proposal details ways to

solve all the issues and suggest best possible action plan for

implementation of the project by using alternative analysis, state-

of-the-art and innovative approach and methodology.

Very Good: The Consultant properly understands the current

situation and the main issues of the project. The approach and

methodology provisioned in Tech-4 to solve the issues are

discussed in detail.

Good: The Consultant understands the requirement indicated in

TOR. The approach and methodology to solve the issues are

consistent. However, the approach and methodology are standard

and not discussed comprehensively or not specifically tailored to

the assignment.

Average: The Consultant does not have proper understanding

ofTOR and the issues are not appropriately discussed. The

approach and methodology do not have consistency and are

inappropriately or poorly presented.

Poor: The Consultant misunderstands the provisions of TOR and

important aspects of the scope of consulting services. Hence

discussion about the important issues, approach and methodology

are inappropriate.

Criterion 19 (ii).b (viz. Work Plan*):-

The Consultant‘s submission will be evaluated and one of the following

grades will be given:

Excellent: In addition to the requirements stated below under

―Good‖, the proposal uses state-of-the- art approach for efficient

execution of the assignment. The proposed work plan is consistent

with the approach and methodology. The proposal must also

clearly shows how the Consultant‘s team will tackle all the

requirements of the project (including pre-requisites and post-

requirements)and training of Client‘s staff for O&M.

Very Good: The work plan & training requirements fits TOR well.

The timing and duration of all activities is appropriate and

consistent with the assignment output, and the inter relation

between various activities is realistic and consistent with the

proposed approach and methodology.

Good: The work plan & training requirements fits TOR and all

required activities are indicated in the activity schedule, but they

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are not addressed comprehensively.

Average: Some activities required in TOR are omitted in their

work schedule or timing and duration are not appropriate. There

are minor inconsistencies between timing, assignment output,

proposed approach and methodology.

Poor: There are major inconsistencies between the provisions of

TOR and the proposed work plan.

NOTE:

(*) Along with other components the Consultant‘s submission will be

evaluated on the basis of the methodology for claim management. The

Consultant shall show proven methodology for claims management

where the Consultant has been able to effect considerable savings for

projects on which they have previously worked. The Client shall have

the right to verify this information from references provided under

this section. The Consultants shall also provide their best 3 examples

of Claims Management instances on large infrastructure projects in

this section.

Criterion 19 (ii).c (viz. Organization and staffing):-

The Consultant‘s submission will be evaluated and one of the following

grades will be given:

Excellent: In addition to the requirements stated below under

―Good‖, the proposal clearly shows how the Consultant‘s team will

tackle all the requirements of the project as per the approach and

methodology.

Very Good: The organization and staffing fits TOR well. The

correlation between the staff and the organization thereof is well

represented and has clear links to the approach and methodology

and work plan.

Good: The organization and staffing fits TOR requirements and all

required activities are staffed in a general manner, but they are not

specific.

Average: Some activities required in TOR are not staffed

appropriately.

There are minor inconsistencies between the staff and the way they

are organized in the team.

Poor: There are major inconsistencies between the provisions

ofTOR and the proposed organization for the Consultant.

The percentage rating for the above grades will be assigned as under:

Sr. No. Grade Percentage

1 Poor/Non responsive 00

2 Average 40

3 Good 70

4 Very good 90

5 Excellent 100

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Total points for criterion 19(ii): 20

19. (iii) Key Experts‘ qualifications and competence for the assignment*:

In addition to core team at PMU [Head Office (HO)] with 07 Key experts, Two

separate Teams at PIUs (each for Bhopal and Indore) shall be having 43 Key experts

each. CVs of all the key experts given below are to be submitted along with proposal

(separately for Head office, Bhopal and Indore) and will be evaluated.

*Relevant eligible assignments for Expert shall be projects of General Consultancy/

General Engineering Consultancy/Project Management Consultancy for Metro/ LRT

projects.

Positions and their assigned points are given below.

(A)-For Bhopal

Sr. No. Key Experts Expert Position Points

1 K1 Project Director/Project Manager/Project Leader 2.5

2 K2 Deputy Project director 1.5

3 K3 Chief Contract Expert 0.5

4 K4 Dy. Chief Contract Manager 0.5

5 K5 Chief Program Expert 0.5

6 K6 Dy. Chief Program Manager / Sr. Program Expert 0.5

7 K7 Chief Cost control Expert 0.5

8 K8 Sr. Cost control Expert 0.5

9 K9 Chief Quality Assurance Expert 0.5

10 K10 Sr. Quality Assurance Expert (Civil) 0.5

11 K11 Chief Safety Expert (SHE) 0.5

12 K12 Sr. Safety Expert 0.5

13 K13 Chief Environmental Expert 0.25

14 K14 Chief Architectural Expert 0.5

15 K15 Chief Testing and Commissioning Expert 0.5

16 K16 Operations and Maintenance Expert 0.5

17 K17 Multimodal Transport Planner 0.5

18 K18 Chief Geo Technical Expert 0.5

19 K19 Chief Structures expert – Viaduct, Elevated, Station

and Depot 0.5

20 K20 Senior Project Execution Expert (Elevated) 0.5

21 K21 Sr. Structure Execution Expert 0.5

22 K22 Sr. Geotechnical Expert 0.25

23 K23 Sr. Architect (Elevated viaduct, Depot and Station) 0.25

24 K24 Senior Depot Resident Engineer 0.5

25 K25 Chief Structures expert – Underground 0.5

26 K26 Senior Structures expert – Underground 0.5

27 K27 Sr. Bored Tunnel Expert 0.5

28 K28 Sr. Engineer E&M /UG 0.25

29 K29 Chief Ventilation and Air-conditioning

(VAC)Expert 0.5

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30 K30 Sr. Engineer - Tunnel Ventilation, Station Air-

conditioning 0.5

31 K31 Chief Project Expert/System (System Integration) 0.5

32 K32 Sr. Project Expert / System (system Integration) 0.5

33 K33 Chief Power Supply & Traction Expert 0.5

34 K34 Chief Track Expert 0.5

35 K35 Chief Signalling Expert 0.5

36 K36 Dy. Chief Signalling Expert 0.25

37 K37 Chief Telecom Expert 0.5

38 K38 Chief Automatic Fare Collection Expert 0.5

39 K39 Chief E&M Expert 0.5

40 K40 Sr. Lift, Escalators etc. Expert 0.25

41 K41 Chief Rolling Stock Expert 0.5

42 K42 Sr. Engineer Rolling Stock 0.5

43 K43 Chief Depot facility Expert (M&P) 0.5

Sub Total (A):

23

(B) -For Indore

Sr. No. Key Experts Expert Position Points

1 K1 Project Director/Project Manager/Project Leader 2.5

2 K2 Deputy Project director 1.5

3 K3 Chief Contract Expert 0.5

4 K4 Dy. Chief Contract Manager 0.5

5 K5 Chief Program Expert 0.5

6 K6 Dy. Chief Program Manager / Sr. Program Expert 0.5

7 K7 Chief Cost control Expert 0.5

8 K8 Sr. Cost control Expert 0.5

9 K9 Chief Quality Assurance Expert 0.5

10 K10 Sr. Quality Assurance Expert (Civil) 0.5

11 K11 Chief Safety Expert (SHE) 0.5

12 K12 Sr. Safety Expert 0.5

13 K13 Chief Environmental Expert 0.25

14 K14 Chief Architectural Expert 0.5

15 K15 Chief Testing and Commissioning Expert 0.5

16 K16 Operations and Maintenance Expert 0.5

17 K17 Multimodal Transport Planner 0.5

18 K18 Chief Geo Technical Expert 0.5

19 K19 Chief Structures expert – Viaduct, Elevated, Station

and Depot 0.5

20 K20 Senior Project Execution Expert (Elevated) 0.5

21 K21 Sr. Structure Execution Expert 0.5

22 K22 Sr. Geotechnical Expert 0.25

23 K23 Sr. Architect (Elevated viaduct, Depot and Station) 0.25

24 K24 Senior Depot Resident Engineer 0.5

25 K25 Chief Structures expert – Underground 0.5

26 K26 Senior Structures expert – Underground 0.5

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27 K27 Sr. Bored Tunnel Expert 0.5

28 K28 Sr. Engineer E&M /UG 0.25

29 K29 Chief Ventilation and Air-conditioning (VAC)Expert 0.5

30 K30 Sr. Engineer - Tunnel Ventilation, Station Air-

conditioning 0.5

31 K31 Chief Project Expert/System (System Integration) 0.5

32 K32 Sr. Project Expert / System (system Integration) 0.5

33 K33 Chief Power Supply & Traction Expert 0.5

34 K34 Chief Track Expert 0.5

35 K35 Chief Signalling Expert 0.5

36 K36 Dy. Chief Signalling Expert 0.25

37 K37 Chief Telecom Expert 0.5

38 K38 Chief Automatic Fare Collection Expert 0.5

39 K39 Chief E&M Expert 0.5

40 K40 Sr. Lift, Escalators etc. Expert 0.25

41 K41 Chief Rolling Stock Expert 0.5

42 K42 Sr. Engineer Rolling Stock 0.5

43 K43 Chief Depot facility Expert (M&P) 0.5

Sub Total(B):

23

(C) -For Head Office

Sr. No. Key Experts Expert Position Points

1 K-44 Head Strategic/ Financial Expert 1

2 K-45 Real Estate/Property Development Expert 0.5

3 K-46 Project Controls Expert 0.5

4 K-47 Transport Economist 0.5

5 K-48 PPP/Project Structuring Expert 0.5

6 K-49 Legal Expert 0.5

7 K-50 IEC/PR Expert 0.5

Sub Total(C): 4

Total points for criterion 19(iii),(A+B+C): 50

The number of points to be assigned to all key experts/positions or

disciplines shall be determined considering the following sub-criteria and

relevant percentage weights:

1) General qualifications: 30%

2) Adequacy for the assignment: 50%

3) Familiarity with the language: 10%

4) Experience of Developing Countries*: 10%

* List of Developing Countries will be as per Section-9 of the RFQ cum RFP

considered by IMF. (Not applicable for K-1, K-15, K-25, K-31 and K-41).

5) Age limit criteria:

As such there is no age limit for proposed Key Experts. However 50%

of the Points shall be reduced for any proposed Key Expert as

mentioned below;

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- ―Project Director/ Project Leader/Project Coordinator‖ and ―Dy.

Project Director/ Project Leader‖ as listed at Sr. No. K-1 and K-2

above respectively, aged more than 70 Years as on date of

submission of proposal

- All the other Key Experts aged more than 65 Years as on date of

submission of proposal.

19 (iii). 1) General qualifications – 30%

One rank/degree* higher than minimum required qualification in respective

field will be assigned full points of this category

*For graduation it will be Post Graduation and for Post Graduation it will

Ph.D. or higher than PG in respective fields.

Minimum required qualification in respective field for all positions will be

assigned 85% of full points of this category

19 (iii). 2) Adequacy for the assignment#– 50%*

1a – Worked in the same rank or equivalent in the General Consultancy /

General Engineering Consultancy/Project Management

Consultancy/ in the Metro/LRT projects for more than 5 years –

30% (Full points will be assigned)

*(For the K-1 position required experience shall be more

than 7 years – 40% (Full points will be assigned)

*(For Positions K-1, K-15, K-25, K-31 and K-41 marking

for this clause will be 40 % (Full points will be assigned)

1b – If key expert is having experience (completed / ongoing) of more

than 1 General Consultancy/ General Engineering

Consultancy/Project Management Consultancy for Metro/LRT

projects- 20% (Full points will be assigned)

2a – Worked in the same rank or equivalent in the General Consultancy/

General Engineering Consultancy/Project Management

Consultancy/ in the Metro/LRT projects for a minimum 3-5 years –

15% (50% of Full points will be assigned)

*(For the K-1 position required experience shall be 3 – 7

years – 20% ( 50% of full points will be assigned)

*(For Positions K-1, K-15, K-25, K-31 and K-41 marking

for this clause will be 20 %( 50% of full points will be

assigned)

2b – If key expert is having experience (completed/ongoing) of 1

General Consultancy/ General Engineering Consultancy/Project

Management Consultancy for Metro/LRT project- 10% (50% of Full

points will be assigned)

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#CVs not fulfilling required qualification and experience will be

disqualified therefore will not be assigned any marks. In case firm with

those CVs becomes successful bidder then consultancy firm should

replace those CVs with the CVs with requisite qualification and

experience.

19 (iii). 3) Familiarity with the language– 10%

a. The percentage rating for the fluency in English will be assigned as

under – 5 % (50% of Full points will be assigned)

Sr. No. Avg. Grade Percentage

1 Poor 00

2 Average 40

3 Good 70

4 Very good 90

5 Excellent 100

b. If expert proposed has specific qualification in English or his/her

medium of education was English– 5 % (50% of Full points will be

assigned)

(Document indicating the same should be submitted with CVs)

19(iii). 4) Experience of Developing Countries – *10 %

Experience of relevant eligible assignment for Expert in developing

country(ies) – 10% (Full points will be assigned)

Expert with no experience on relevant eligible assignment in developing

country will be assigned NIL marks

*(For Positions K-1, K-15, K-25, K-31 and K-41, this clause will not be

applicable and marks towards this clause for aforesaid positions will be

added in clause [19 (iii) 2)-1a & 2a] as applicable).

Total points for above three [19(i) + 19(ii) + 19(iii)] criteria: 100

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Attachment 2: Format for Bank Guarantee for “Bid Guarantee/EMD”

(To be stamped in accordance with Stamp Act of India)

B.G. No. Dated:

1. In consideration of MADHYA PRADESH METRO RAIL CO LTD, a company

incorporated under the Companies Act, 2013 and having its registered office at Palika

Bhawan Shivaji Nagar, Bhopal, Pin – 462016, Madhya Pradesh, INDIA (hereinafter referred

to as the ―Client‖, which expression shall unless it be repugnant to the subject or context

thereof include its, successors and assigns) having agreed to receive the Proposal of

…………………… (a company registered under the Companies Act, 1956/2013 or firm)

and having its registered office at ……………………… (and acting on behalf of its

firm/Consortium)1 (hereinafter referred to as the ―Consultant‖ which expression shall unless

it be repugnant to the subject or context thereof include its/their executors, administrators,

successors and assigns), in response to the Request for Proposal (RFP) issued vide RFP No:

01/GC/MPMRCL/2016, dated 06/05/2016 for ―GENERAL CONSULTANT‖, we (Name of

the Bank) having our registered office at ……………………… and one of its branches at

……………………..(hereinafter referred to as the ―Bank‖), at the request of the Consultant,

do hereby in terms of ‗Instructions to Consultants‘, irrevocably, unconditionally and without

reservation guarantee the due and faithful fulfillment and compliance of the terms and

conditions of the RFP by the said Consultant and unconditionally and irrevocably undertake

to pay forthwith to the Client an amount of INR ***** (Indian Rupees ***** only)

(hereinafter referred to as the ―BID GUARANTEE/EMD‖) as our primary obligation

without any demur, reservation, recourse, contest or protest and without reference to the

Consultant if the Consultant shall fail to fulfill or comply with all or any of the terms and

conditions contained in the said RFP.

2. Any such written demand made by the Client stating that the Consultant is in default of the

due and faithful fulfillment and compliance with the terms and conditions contained in the

RFP shall be final, conclusive and binding on the Bank.

3. We, the Bank, do hereby unconditionally undertake to pay the amounts due and payable

under this Bid Guarantee without any demur, reservation, recourse, contest or protest and

without any reference to the Consultant or any other person and irrespective of whether the

claim of the Client is disputed by the Consultant or not, merely on the first demand from the

Client stating that the amount claimed is due to the Client by reason of failure of the

Consultant to fulfill and comply with the terms and conditions contained in the RFP

including failure of the said Consultant to keep its Proposal open during the Proposal validity

period as set forth in the said RFP for any reason whatsoever. Any such demand made on the

Bank shall be conclusive as regards amount due and payable by the Bank under this

Guarantee. However, our liability under this Guarantee shall be restricted to an amount not

exceeding INR ***** (Indian Rupees ***** only).

4. That this Guarantee commences from the date hereof and shall be irrevocable and remain in

force till:

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a. The Consultant, in case its Proposal is accepted by the Client, executes a formal

agreement after furnishing the Performance Guarantee from a Scheduled Commercial

Indian Bank based in India (excluding Cooperative Banks) or from a scheduled Foreign

Bank in India as defined in Section 2(e) of RBI Act 1934 read with Second Schedule.

b. Sixty days after the date of validity or the extended date of validity of the Proposal, as

the case maybe.

5. We, the Bank, further agree that the Client shall be the sole judge to decide as to whether the

Consultant is in default of due and faithful fulfillment and compliance with the terms and

conditions contained in the RFP including, inter alia, the failure of the Consultant to keep its

Proposal open during the Proposal validity period set forth in the said RFP, and the decision

of the Client that the Consultant is in default as aforesaid shall be final and binding on us,

notwithstanding any differences between the Client and the Consultant or any dispute

pending before any Court, Tribunal, Arbitrator or any other Client.

6. The Bid Guarantee shall not be affected by any change in the constitution or winding up of

the Consultant or the Bank or any absorption, merger or amalgamation of the Consultant or

the Bank with any other person.

7. In order to give full effect to this Guarantee, the Client shall be entitled to treat the Bank as

the principal debtor. The Client shall have the fullest liberty without affecting in any way the

liability of the Bank under this Guarantee from time to time to vary any of the terms and

conditions contained in the said RFP or to extend time for submission of the Proposal or the

Proposal validity period or the period for conveying acceptance of Letter of Acceptance by

the Consultant or the period for fulfillment and compliance with all or any of the terms and

conditions contained in the said RFP by the said Consultant or to postpone for any time and

from time to time any of the powers exercisable by it against the said Consultant and either

to enforce or forbear from enforcing any of the terms and conditions contained in the said

RFP or the securities available to the Client, and the Bank shall not be released from its

liability under these presents by any exercise by the Client of the liberty with reference to the

matters aforesaid or by reason of time being given to the said Consultant or any other

forbearance, act or omission on the part of the Client or any indulgence by the Client to the

said Consultant or by any change in the constitution of the Client or its absorption, merger or

amalgamation with any other person or any other matter or thing whatsoever which under the

law relating to sureties would but for this provision have the effect of releasing the Bank

from its such liability.

8. Any notice by way of request, demand or otherwise hereunder shall be sufficiently given or

made if addressed to the Bank and sent by courier or by registered mail to the Bank at the

address set forth herein.

9. We undertake to make the payment on receipt of your notice of claim on us addressed to

[name of Bank along with branch address] and delivered at our above branch which shall be

deemed to have been duly authorized to receive the said notice of claim.

10. It shall not be necessary for the Client to proceed against the said Consultant before

proceeding against the Bank and the guarantee herein contained shall be enforceable against

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the Bank, notwithstanding any other security which the Client may have obtained from the

said Consultant or any other person and which shall, at the time when proceedings are taken

against the Bank hereunder, be outstanding or unrealized.

11. We, the Bank, further undertake not to revoke this Guarantee during its currency except with

the previous express consent of the Client in writing.

12. The Bank declares that it has power to issue this Guarantee and discharge the obligations

contemplated herein, the undersigned is duly authorized and has full power to execute this

Guarantee for and on behalf of the Bank.

13. For the avoidance of doubt, the Bank‘s liability under this Guarantee shall be restricted` to

INR *** million (Indian Rupees ***** million only). The Bank shall be liable to pay the

said amount or any part thereof only if the Client serves a written claim on the Bank in

accordance with paragraph 9 hereof, on or before [*** (indicate date falling 60 days after the

Proposal Validity Date)].

Signed and Delivered by ………………………. Bank

By the hand of Mr. /Ms. …………………….., its …………………..and authorized official.

(Signature of the Authorised Signatory)

(Official Seal)

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SECTION 3: SHORTLISTING (Pre-Qualification) OF CONSULTANT

PROPOSAL DOCUMENT

FOR

SELECTION OF GENERALCONSULTANT

FOR

METRO RAIL PROJECTS AT BHOPAL AND INDORE

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1. Eligibility criteria for shortlisting (Pre-Qualification) of Bidders:

The proposal for this contract will be considered only from those bidders who meet

requisite eligibility criteria prescribed below:-

1.1 Every proposal shall have duly filled PRO-FORMA FOR SHORTLISTING OF

CONSULTANT along with revenant document.

1.2 The Bidder may be a single entity or a JV/consortium, joining together to assist MPMRCL

in implementing the project. In case of group of entities the number of JV/consortium

partners shall not be more than total 3 (Three) with no partner having less than 10%

share/participation. i.e. JV/Consortium with partner having less than 10% share/

participation shall not be allowed and that JV/ Consortium shall be disqualified. The

JV/consortium as a whole must satisfy both Technical and Financial eligibility criteria but

the partners will be jointly and severally responsible.

1.3 In case of Applicant being a JV/consortium, the member having highest share will be the

lead member. All the members should submit a Power of Attorney as per Annexure-2 and

2A of section 3 of RFP, documents signed by all the members. The members of the

consortium shall also submit a Memorandum of Understanding (Annexure-3 of section 3

of RFP, for the purpose of submitting the proposal.

1.4 Work Experience: The applicants will be qualified (shortlisted) only if they have

completed work(s) during last 10 financial years (from 01.01.2006 to 31.12.2015) as given

below:

At least one similar consultancy work of value of INR 1900 million or more

If the above work of INR 1900 million has been done by the foreign partner of

JV/consortium and the work was done in the country of the foreign partner then in

addition to this, the foreign partner must have done similar consultancy works equal to

INR 900 million outside the country of the foreign applicant.

OR

Two similar consultancies work each of value of INR 1200 million or more.

If the above works of INR 1200 million or more have been done by the foreign partner of

JV/consortium and the works were done in the country of the foreign partner then in

addition to this, the foreign partner must have done similar consultancy works equal to

INR 900 million outside the country of the foreign applicant.

OR

Three similar consultancies work each of value of INR 900 million or more.

If the above works of INR 900 million have been done by the foreign partner of

JV/consortium and the works were done in the country of the foreign partner then in

addition to this, the foreign partner must have done similar consultancy works equal to

INR 900 million outside the country of the foreign applicant.

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AND

Lead member must have done one similar consultancy work of minimum value of INR

900 million.

Notes:

Similar consultancy work means a General Consultancy /Project Management

Consultancy(GC/PMC) work pertaining to Metro/ LRT system involving the work of

framing specifications, drawing up contract documents, checking designs, project

management and supervision including inspection, safety and quality, testing and

commissioning of the work etc.

The applicant shall submit details of works executed by them for the works to be

considered for qualification of work experience criteria in a format prescribed in

Annexure-6 of Section 3 of RFP document. Documentary proof such as completion

certificates from client clearly indicating the nature/scope of work, actual completion

cost and actual date of completion for such work should be submitted. The offers

submitted without this documentary proof shall not be evaluated. In case the work is

executed for private client, copy of work order, bill of quantities, bill wise details of

payment received certified by Chartered Accountant (CA), T.D.S certificates for all

payments received and copy of final/last bill paid by client shall also be submitted

along with the completion certificate.

For completed works, value of work done shall be updated to 31.12.2015 price level

assuming 5% inflation for Indian Rupees every year and 2% for foreign currency

portions per year as per Annexure-6 : Project Datasheet of Section-3. Cost of the work

will be converted in INR as per exchange rate prescribed in this document.

In case of Joint Venture/Consortium, full value of the work, if done by the same joint

venture shall be considered. However, if the qualifying work(s) were done by them in

JV/Consortium having different constituents/partners, then the value of work as per

their percentage participation in such JV/Consortium shall be considered.

1.5 Financial Standing and Criteria

Bidder will be qualified only if they have the minimum financial capabilities as below:

(i) T1 –Liquidity: It is necessary that the consultant can withstand cash flow that the contract

will require until payments received from the Employer. Liquidity therefore becomes an

important consideration.

This shall be seen from the balance sheets (as per Annexure- 8) and/or from the banking

reference. Net current assets and/or documents including banking reference, should show

that the applicant has access to or has available liquid assets, lines of credit and other

financial means to meet cash flow of INR 90 million for this contract, net current assets of

bidder‘s commitments for other Contracts. Banking reference (format prescribed in

Annexure–8A of Section 3) should contain in clear terms the amount that bank will be in

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a position to lend for this work to the applicant/member of the Joint Venture/Consortium.

In case the Net Current Assets (as seen from the Balance Sheets) are negative, only the

Banking references will be considered. Otherwise the aggregate of the Net Current Assets

and submitted Banking references will be considered for working out the Liquidity.

The banking reference should be from a Scheduled Bank in India or in case of foreign

bidders from a foreign bank of repute acceptable to client or provisioned as per Section

2(e) of RBI Act 1934 and it should not be more than 3 months old as on date of

submission of proposal.

In Case of JV/Consortium Requirement of liquidity is to be distributed between members

as per their percentage participation and every member should satisfy the minimum

requirement.

Example: Let ―member 1‖ has percentage participation = M and ―member 2‖ has

percentage participation = N. If minimum liquidity required is ‗W‘.

Then liquidity of ―member 1‖≥ (W × M)/100

And liquidity of ―member 2‖ ≥ (W × N)/100

(ii) T2 – Net Worth: Net Worth of the bidder during last audited financial year should be

more than INR 120 million.

In Case of JV/Consortium- Net worth will be based on the percentage participation of each

Member

Example: Let ―Member 1‖ has percentage participation = M and ―Member 2‖ has = N.

Let the Net worth of ―Member 1‖ is ‗A‘ and that of ―Member 2‖ is ‗B‘, then

the;

Net worth of JV/Consortium will be = [(A×M) + (B×N)]/100.

(iii) T3 – Annual Turnover: The average annual turnover from consultancy works of last Ten

financial years of the bidder should be more than INR 300 million.

The average annual turnover of JV/Consortium will be based on percentage participation

of each member.

Example: Let ―Member 1‖ has percentage participation = M and ―Member 2‖ = N. Let

the average annual turnover of ―Member 1‖ is ‗A‘ and that of ―Member 2‖ is

‗B‘, then the;

Average annual turnover of JV/consortium will be = [(A×M) + (B×N)]/100.

Notes:

Financial data for latest last Ten audited financial years has to be submitted by the

applicant in the format prescribed in Annexure-7 & 8 of Section 3 along with audited

balance sheets. The financial data shall be certified by Chartered Accountant / Statutory

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Auditor of the company with his stamp and signature in original. In case audited balance

sheet of the last financial year is not made available by the applicant, then the applicant

has to submit an affidavit certifying that ‗the balance sheet has actually not been audited

so far‘. In such a case the financial data of previous ‗9‘ audited financial years will be

taken into consideration for evaluation. If audited balance sheet of any year other than the

last year is not submitted, the application may be considered as non-responsive and can be

disqualified.

2. Evaluation Of Shortlisting of consultants

2.1 The evaluation of the application shall be done to establish the capability of the applicant

has brought out in para-1―Eligibility criteria for shortlisting of applicants‖ above.

2.2 Applicants are required to submit the relevant information in connection with para-1

―Eligibility criteria for shortlisting of applicants‖ above in the relevant format only. The

client may not evaluate the proposals received with the information in different format. In

case the desired information is not submitted in the prescribed format and instead the

company‘s profiles, reports etc. are only annexed with the application, client may not

extract the information from these documents in order to evaluate the application. It is,

therefore, advised that all the relevant information should be furnished in the prescribed

formats only.

2.3 The evaluation shall be done based on the information furnished by the applicant along

with the application and any unsolicited supplementary information may not be

entertained. Client, however, reserve the right to make enquiries from relevant

authorities/parties in relation with the information furnished.

2.4 No marking/grading shall be done at this stage. It shall be on

qualification/disqualification basis. A Bidder has to fulfill all the eligibility criteria as

established above and also should not invite disqualifications as provided in

para3―Disqualification‖below.

2.5 Before the detail evaluation is taken up the initial filter shall be applied to see that the

proposal received is complete in all respects and all the documents are submitted along

with the application in the prescribed formats. Proposal found incomplete as per above

initial filter shall not be processed further.

2.6 On evaluation of this proposal as above, client shall prepare the list of pre-qualified

bidders for next stage i.e. Technical Proposal (TP).Proposal of the bidder who do not

fulfill the initial filter (―Section 3: shortlisting of consultant‖) will not be evaluated and

will be returned unopened.

3. Disqualification

The bidders, who do not qualify the eligibility criteria will be disqualified. Client requires

that bidders for this Proposal and throughout the tendering process observe the highest

standard of ethics. Client shall reject shortlisting of the bidder if it is determined that the

bidder has engaged in corrupt or fraudulent practices in competing in the tendering

process.

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Shortlisting Check sheet

Enclose the following and indicate the page numbers:

Sr.

No. Item Yes No

Page

No.

1 PRO-FORMA FOR SHORTLISTING OF CONSULTANT

2 Letter of Proposal duly signed by authorized representative of every

member of JV/consortium.

3 Memorandum of Association ( MOA) & Articles of Association

(AOA) of each member

4 Power of Attorney to own employee by each member for authorizing

Lead Member

5 Power of Attorney for Lead member

6 Power of Attorney by Lead member for Authorized representative

7 MOU/Joint Venture/consortium agreement

8 Whether the firm or company or any partner of the group been

blacklisted by any Government Department / PSU in last five years

and such black listing continues to subsist.

9 Work Experience: Details of qualified completed similar consultancy

work(s) during last 10 year (from 01.01.2006 to 31.12.2015):

Financial Standing and Criteria:

10 T1 Liquidity:

11 T2 Net Worth:

12 T3 Average Annual Turnover:

13 Attested copies of the Audited Financial Statements of the last ten

financial years.

Following Annexure:

14 Annexure - 1: Letter of proposal

15 Annexure - 2: Power of Attorney for authorized representative

16 Annexure - 2A: Power of Attorney for Lead member

17 Annexure - 3 : Memorandum of Understanding / Joint Bidding

Agreement

18 Annexure - 4: Undertaking

19 Annexure - 5: Pending Litigation

20 Annexure - 6: Project Data Sheet

21 Annexure - 6A: Summary of Information provided in Annexure- 6

22 Annexure - 7: Financial Data for Liquidity and Net Worth

23 Annexure - 8: Financial Data of the Consultant

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PRO-FORMA FOR SHORTLISTING OF CONSULTANT

Sr.

No. Particulars Provide Details

1

State the status of the bidder's organization:

(Individual/Company/LLP/Firm or Joint Venture

(JV)/Consortium)

2

For applicants who are Individual/Company/LLP/Firm, state the following;

Name of Company or firm:

Legal status (Individual/Company/LLP/Firm etc.):

Date of Incorporation:

(Attach copy of incorporation certificate)

Service Tax Registration certificate No.:

(Attach copy Service Tax Registration certificate)

Permanent Account Number (PAN):

(Attach copy Permanent Account Number card)

Registered Office Address (With Country):

Name of Contact person:

Contact person's

Mobile/Cell number:

Telephone number:

Facsimile number:

E-mail ID:

3

Applicants who are in JV/Consortium;

Name of JV/Consortium

Date of Incorporation:

(Attach copy of incorporation certificate)

Service Tax Registration certificate No.:

(Attach copy Service Tax Registration certificate)

Permanent Account Number (PAN):

(Attach copy Permanent Account Number card)

Registered office Address (With Country):

Country of incorporation:

Name of Contact person:

(Authorized by Lead Member)

Contact person's

Mobile/Cell number:

Telephone number:

Facsimile number:

E-mail ID:

Name of the Members (Lead First);

Lead Member:

Member 1:

Member 2:

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Legal status of Members (Individual/Company/LLP/Firm etc.);

Lead Member:

Member 1:

Member 2:

Percentage Participation;

Lead Member:

Member 1:

Member 2:

Registered office Address (With Country);

Lead Member:

Member 1:

Member 2:

Note:

1 Information and documentary evidence associated with the performance and relevant

experience of the applicant or each constituent member shall be clearly referenced and

enclosed.

2 Non submission of information and relevant document shall lead to rejection of the bid.

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Annexure - 1: Letter for Proposal

[Insert Location, Date]

To,

THE MANAGING DIRECTOR

MADHYA PRADESH METRO RAIL CO LTD

Palika Bhawan

Shivaji Nagar, Bhopal, Pin – 462016

Madhya Pradesh, INDIA

Dear Sir:

I/We, the undersigned, offer to provide the consulting services for General Consultancy in

accordance with your Request for Qualification cum Request for Proposal regarding selection

of general consultant for metro rail projects at Bhopal and Indore dated [Insert Date].I/We

are hereby submitting our Proposal, which includes Shortlisting of Consultant (Pre-

Qualification), Technical Proposal and Financial Proposal (Online) sealed in a separate

envelopes.

[If the Consultant is a joint venture/consortium, insert the following:] We are submitting our

Proposal as a joint venture/consortium with: [Insert a list with full name and the legal

address of each member, and indicate the lead member]. We have attached a copy [insert:]

“of the JV/consortium agreement” signed by every participating member, which details its

legal structure and the confirmation of joint and severable liability of the members of the said

joint venture/consortium.

We hereby declare that:

a. We are duly authorized to represent and act on behalf of ________________

b. We have examined and have no reservations to the proposal Document

______________________.

c. We are attaching with this letter, the copies of original documents defining: -

i. The Applicant‘s legal status;

ii. Its principal place of business; and

iii. Its place of incorporation (if Applicants are corporations/company) or its place

of registration (if Applicants are partnerships or individually owned firms).

d. All the information provided and statements made in this Proposal are true and we

accept that any misrepresentation contained in this Proposal may lead to our

disqualification by the Client.

e. Our Proposal shall be valid and remain binding upon us for the period of time specified

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in the Data Sheet, Clause 12.

f. We have no conflict of interest in accordance with ITC 4.

g. We meet the eligibility requirements as stated in ITC 6 and we confirm our

understanding of our obligation to abide by provisions related to corrupt and fraudulent

practices as per ITC 5.

h. We undertake to negotiate a Contract on the basis of the proposed Key Experts. We

accept that the substitution of Key Experts for reasons other than those stated in ITC

8.5, may lead to the termination of Contract negotiations.

i. Our Proposal is binding upon us and subject to any modifications resulting from the

Contract negotiations.

j. MPMRCL and/or its authorized representatives are hereby authorized to conduct any

inquiries or investigations to verify the statements, documents and information

submitted in connection with this proposal, and to seek clarification from our bankers

and clients. This Letter of Proposal will also serve as authorization for any individual

or authorized representative of any institution referred to in the supporting information,

to provide such information deemed necessary and as requested by MPMRCL.

MPMRCL and/or its authorized representatives may contact the following nodal persons for

further information on any aspects of the proposal:

Name And Address Contact No. E-Mail

Contact 1

Contact 2

This Proposal is made in the full understanding that:

i. This tendering process will be subject to verification of all information submitted at

the discretion of MPMRCL.

ii. MPMRCL reserves the right to reject or accept any or all proposals, cancel the

tender process without any obligation to inform the applicant about the grounds of

the same.

I/We have made a complete and careful examination of the project including but not limited

to the project site, all matters that may affect the bidder‘s performance during the

construction of the projects and shall be liable for any mistake or error or neglect in respect of

above.

a. I/We declare that the statements made and the information provided in the duly

completed proposal is complete, true, and correct in every detail. We also understand

that in the event of any information furnished by us being found later on to be incorrect

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or any material information having been suppressed, MPMRCL may disqualify our

proposal.

.

I/We remain,

Yours sincerely,

Authorized Signature [in full and initials]:____________________________________

Name and Title of Signatory: ______________________________________________

Name of Bidder/ Consultant [company’s name or JV’s/consortium’s

name]:_______________

In the capacity of: _______________________________________________________

Address: ______________________________________________________________

Contact information [phone and e-mail]: _____________________________________

[For a joint venture/consortium, either all members shall sign or only the lead member, in

which case the power of attorney to sign on behalf of all members shall be attached]

[For Proposal by joint ventures/consortium, all information requested in the PROPOSAL

documents is to be provided for the joint venture/consortium, if it already exists and for each

joint venture/consortium partner separately. The lead partner should be clearly identified.

Each member of Group shall sign the letter.]

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Annexure - 2: Power of Attorney

POWER OF ATTORNEY FOR AUTHORIZED REPRESENTATIVE

Know all men by these presents, we____________________(name and address of the

registered office of the Sole Applicant / Lead Member) do hereby constitute, appoint and

authorize Mr. / Ms.__________________resident of ___________(name and address of

residence) who is presently holding the position of ______________as our attorney, to do in

our name and on our behalf, all such acts, deeds and things necessary in connection with or

incidental to the proposal of the Sole applicant/JV/Consortium consisting of _____,_________

and________(please state the name and address of the sole applicant/ members of the

JV/Consortium) for the GENERAL CONSULTANCY CONTRACT FOR METRO RAIL

PROJECTS AT BHOPAL AND INDORE (the ―Project‖), including but not limited to

signing and submission of all documents and providing information / responses & signing of

agreement/contract with the Madhya Pradesh Metro Rail Co Ltd (MPMRCL), India,

representing us in all matters in connection with our Proposal for the Metro Rail Projects at

Bhopal and Indore.

I/We hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and

things lawfully done or caused to be done by our said attorney pursuant to this Power of

Attorney and that all acts, deeds and things done by our aforesaid attorney shall and always be

deemed to have been done by me/us.

For

(Signature)

(Name, Title and Address)

Witness:

1.

2.

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Accept

………………. (Signature)

(Name, Title and Address of the Attorney)

Notes:

To be executed by the sole Applicant or the Lead Member in case of a JV/Consortium.

The mode of execution of Power of Attorney should be in accordance with the procedure,

if any, laid down by the applicable law and the charter documents of the executant(s) and

when it is so required the same should be under common seal affixed in accordance with

the required procedure.

Also, wherever required, the executant(s) should submit for verification, the extract of the

charter documents and documents such as a resolution / Power of attorney in favour of the

Person executing this Power of Attorney for the delegation of power hereunder on behalf of

the executant(s).

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Annexure- 2A: Power of Attorney for Lead member

POWER OF ATTORNEY FOR LEAD MEMBER IN CASE OF JV/CONSORTIUM

Whereas the Madhya Pradesh Metro Rail Co LTD (MPMRCL) has invited proposals from

interested parties for General Consultancy of Metro Rail Projects for Bhopal and Indore.

Whereas, the members of the JV/Consortium are interested in applying for the Project and

providing the consultancy in accordance with the terms and conditions of the RFQ cum RFP

document, Agreement and other connected documents in respect of the Project, and Whereas, it

is necessary under the RFP for the members of the JV/Consortium to designate one of them as

the Lead Member (with highest share)with all necessary power and authority to do for and on

behalf of the JV/Consortium, all acts, deeds and things as may be necessary in connection with

the JV/Consortium‘s proposal for the Project or in the alternative to appoint one of them as the

Lead Member who, acting jointly, shall have all necessary power and authority to do all acts,

deeds and things on behalf of the JV/Consortium, as may be necessary in connection with the

JV/Consortium‘s proposal for the Project and its execution.

NOW THIS POWER OF ATTORNEY WITNESSETH THAT:

We, M/s___________, M/s___________________ and M/s (the respective names of the

members along with address of their registered offices) do hereby irrevocably designate M/s

_____________________(name along with address of the registered office) being one of the

members of the JV/Consortium, as the Lead Member of the JV/Consortium, to do on behalf of

the JV/Consortium, all or any of the acts, deed or things necessary or incidental to the

JV/Consortium‘s proposal for the Project, including submission of proposal, participating in

conference, responding to queries, submission of information / documents and generally to

represent the JV/Consortium in all its dealings with MPMRCL, any other Government Agency or

any person, in connection with Project until culmination of the process of application, pre-

qualification, short listing of Applicant and thereafter till the Agreement is entered into with

MPMRCL.

We hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and

things lawfully done by Lead Member pursuant to this Power of Attorney and that all acts, deeds

and things done by our aforesaid attorney.

Dated this ______________day of _____________20_.

[Executant(s)]

[Signature ] [Name and Designation]

(To be executed by all the members in the JV/Consortium)

Witness:

1.

2.

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Note:

The mode of execution of the Power of Attorney should be in accordance with the

procedure, if any, laid down by the applicable law and the charter documents of the

executant(s) and when it is so required the same should be under common seal affixed in

accordance with the required procedure.

The executant(s) shall submit for verification the extract of the charter documents and

documents such as resolution/ Power of attorney in favor of the person executing this Power

of attorney for the designation of power hereunder on behalf of the applicant.

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Annexure-3: Memorandum of Understanding/ Joint Bidding Agreement

This Memorandum of Understanding (MoU) / Joint Bidding Agreement entered into this

_____day of _______ 20__ at

______

Among

(hereinafter referred as‖__________‖) and having office at ______________, India Party of the

First Part

And

(hereinafter referred as‖__________‖) and having office at ______________, India Party of the

Second Part

And

(hereinafter referred as‖__________‖) and having office at ______________, India Party of the

Third Part

The parties are individually referred to as Party and collectively as Parties.

WHEREAS the MPMRCL has invited applications from interested parties for General

Consultancy Services including but not limited to procurement, construction, testing and

commissioning of the complete Metro Rail Project for Bhopal and Indore. Corridors including all

civil engineering structures, tracks, signals, telecom facilities, traction arrangements, air

conditioning & ventilation, rolling stock, maintenance depots, stations, operation control centre,

offices, residential buildings, station integration areas, bridges, flyovers, elevated and surface

sections over the project routes and integration with other modes of transport, etc.

The services shall include but not limited to tender packaging, preparation and finalization of

tender documents for civil and system contracts including preparing the conceptual plans for

complete civil engineering and system works, assisting MPMRCL to fix contracts for both for

civil and system works, evaluation of tenders, proof checking of designs for civil and system

work where the contract is on design and construct basis. GC is also expected to carry out

complete checking, verification and approval to all civil/system contract design, submissions

including that of rolling stock, certification of vendor sources and inspection of vendor items

wherever needed, supervision of all construction activities including installation of systems and

commissioning of rolling stock, integration of systems, ensuring specifications, standards, safety

and quality at worksites, monitoring and reporting the progress of all works, supervision of

system trials and system integration and ensuring commissioning of the entire line in stages as

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per the target dates laid, at the same time exercising utmost cost control measures.

AND WHEREAS the Parties have had discussions for formation of a JV/Consortium for

applying for the said Project and have reached an understanding on the following points with

respect to the Parties‘ rights and obligations towards each other and their working relationship.

IT IS HEREBY AS MUTUAL UNDERSTANDING OF THE PARTIES AGREED AND

DECLARED AS FOLLOWS:

1. That the Parties shall carry out all the responsibilities as Consultancy firm in terms of

the General Consultancy agreement.

2. That the roles and the responsibilities of each Party at the stage of proposal shall be as

follows:

……………………………………………………………………………………………

3. That the minimum equity holding of each Party (in percentage term) in the Company

shall be as follows:

Name of the Party % of share

.…………… …………….

……………. …………….

4. That the Parties shall be jointly and severally liable for the execution of the Project in

accordance with the terms of the General Consultancy agreement.

5. That the Parties affirm that they shall render Consultancy services in good faith and

shall take all necessary steps to see the Project through expeditiously.

6. That this MoU shall be governed in accordance with the laws of India and courts in

Madhya Pradesh shall have exclusive jurisdiction to adjudicate disputes arising from the

terms herein.

In witness whereof the Parties affirm that the information provided is accurate and true and

have caused this MoU to be duly executed on the date and year above mentioned.

_______________ _______________ _______________

(Party of the first part) (Party of the second part) (Party of the third part)

Witness: 1……………………… 2……………………..

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Annexure-4: Undertaking

UNDERTAKING

(In case of JV/Consortium to be given separately by each partner)

1. I, the undersigned, do hereby certify that all the statements made in the required

attachments are true and correct.

2. The undersigned also hereby certifies that neither our firm/company __________ nor any

of its directors/constituent partners have abandoned any work of Madhya Pradesh Metro

Rail Co Ltd nor any contract awarded to us by GoMP for such works has been rescinded,

during last five years prior to the date of this proposal.

3. The undersigned also furnishes undertaking that none of the directors/ constituent partners

of our firm/company have been declared by any court of law as proclaimed offenders and

also that neither our firm/company nor any of its directors/ constituent partners have been

convicted under any law for the offences punishable under Indian Penal Code, Negotiable

Instruments Act or any Labour/employee beneficial legislation.

4. The undersigned hereby authorize(s) and request(s) any bank, person, firm/company to

furnish pertinent information deemed necessary and requested by Madhya Pradesh Metro

Rail Co Ltd to verify this statement or regarding my (our ) competence and general

reputation.

5. The undersigned understands and agrees that further qualifying information may be

requested, and agrees to furnish any such information at the request of the MPMRCL.

Signed by an authorized officer of the

firm/company_______________________________

Title of Officer______________________________

Name of Firm/company_______________________________

Date_______________________________________

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Annexure-5: Pending Litigation

Bidder‘s legal name…………………… Date……………………………………………

Group Members Legal Name……………………………Page ………..of ……………..pages

(Each Applicant or member of a JV/consortium must fill in this form)

Pending Litigation

No pending litigation :_____________

Pending Litigation in terms of arbitration, litigation etc. is indicated below:-

Year Assignment Identification

and Matter in Dispute

Value of

Assignment

Value of Pending

Claim in INR

Contract Name:

Name of Employer

Address of Employer

Matter in Dispute

Contract Name:

Name of Employer

Address of Employer

Matter in Dispute

Contract Name:

Name of Employer

Address of Employer

Matter in Dispute

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Annexure - 6: Project Data Sheet

(Each JV/consortium member should submit separate Data Sheet for each projects)

[Using the format below, provide information on each assignment of Similar consultancy work

in terms of clause 1.4 of SECTION 3: SHORTLISTING (Pre-Qualification) OF CONSULTANT

for which your firm and each joint venture/consortium member for this assignment, was legally

contracted either individually as a corporate entity or as a lead firm or one of members within a

joint venture/consortium, for carrying out consulting services similar to the ones requested

under this assignment. Each member of JV/consortium shall provide separate details.]

Firm‘s Name: _______________________________________________________________

[Insert Name of legally contracted firm]

Claiming Member‘s Name: _____________________________________________________

[Insert Name of claiming member in case of Joint Venture/consortium]

Country of claiming member: ____________________________________________________

[Insert Name of Country of Registered Office]

Details:

Assignment name:

Name of Client:

Country of assignment:

Address:

Start date (month/year):

Completion date (month/year):

Duration of assignment (months):

Field of professional services provided by claiming

member

(General Consultant/ Project Management for

Merto/LRT only)

Percentage participation of claiming member in the

Joint venture/Consortium.

Value of the assignment/contract (Original amount in

the currency of the contract, as well as in INR)

Original Value:

Value after Escalation:

Value in NRI:

Value of the services provided by claiming member

under the contract as per Percentage participation of

claiming member in the Joint

venture/Consortium.(Original amount in the currency

of the contract, as well as in INR)

Original Value:

Value after Escalation:

Value in NRI:

Assignment claimed against 1900 million/ 1200 million/ 90 million or more

Present status of the project: (Completed/ In progress/ Not Started)

Claiming member is a Lead member or Other Lead/Other

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member in the JV/Consortium for this proposal

If country of assignment and country of claiming

member is same for foreign member than name of

assignment details provided for foreign assignment

(Name and Page)

Details of completion certificate from client (Page: from___ to___)

Details of the documents provided in case the

completion certificate from privet client as per clause

1.4 of SECTION 3: SHORTLISTING (Pre-

Qualification) OF CONSULTANT

(Page: from___ to___)

Narrative description of Project*:

Description of actual services provided in the assignment**:

*Narrative description of Project:

(Indicate also gauge, type of traction viz., diesel, AC/DC, 3rd rail/OHE, voltage, etc.; type of

Signaling and Telecommunications viz., computer based interlocking, Automatic Train

Operation, Automatic Train Protection, Continuous Automatic Train Control, Cab signaling,

etc.; size and special features of Rolling stock; Workshop and Depot size, schedule of rolling

stock inspections; any other special features of the Project)

**Description of Actual Services provided:

(Indicate also who prepared the Detailed Project Report. The services provided to be indicated

as a General Consultant, Project Management and Independent Engineer including supervision,

installation, commissioning, etc. in the various fields of work like, Civil Engineering Structures,

Ballast-less track, Electric Traction & Distribution, Signaling & Telecommunications, Rolling

Stock, Workshop & Depot, Traffic integration, Environmental aspects, Automatic Fare

collection, O&M, etc.

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Following escalation factors based on yearly compounded method at the rate of 5% per

year for Indian Rupees and 2% per year for foreign currency (ies) should be considered

for calculating the received fees at price level of Year 2015.

Year Escalation factor at the rate of 5% per

Year for Indian Rupees

Escalation factor at the rate of 2% per

Year for foreign currency (ies)

2006 1.5513 1.1951

2007 1.4775 1.1717

2008 1.4071 1.1487

2009 1.3401 1.1262

2010 1.2763 1.1041

2011 1.2155 1.0824

2012 1.1576 1.0612

2013 1.1025 1.0404

2014 1.0500 1.0200

2015 1.0000 1.0000

1 The selling rate of exchange of Reserve Bank of India on the date (19.01.2017), twenty

eighty (28) days prior to the date specified for submission of Proposals should be

considered for calculating equivalent Indian Rupees.

2 Relevant client certificate or any other authenticated evidence should be attached for

verification.

a. All years starts from 1st January and ends on 31

st December

b. Claimed work completion certificate from the client.

c. In case the work is executed for private client, copy of work order, bill of quantities,

bill wise details of payment received certified by Chartered Accountant (CA), T.D.S

certificates for all payments received and copy of final/last bill paid by client shall

also be submitted along with the completion certificate.

d. If consultancy assignment was carried out as JV/ Consortium, the share of particular

firm for which details are furnished above should be clearly brought out in the client

certificate.

e. Completion certificate issued by the client should indicate the nature /scope of work,

actual completion cost and date of completion etc.

f. In absence of such evidence(s), client may not consider the claimed credential.

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Annexure- 6A: Summary of Information provided in Annexure- 6

Bidder‘s legal name ………………………… Date……………………………….

Group Member‘s legal name…………………… Page…………of……………pages

Sr.

No.

Name of Bidder (each member in

case of group)

Number of completed

Works

Value of Each

completed works

in the last 10

financial years

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Annexure - 7: Financial Data for Liquidity and Net Worth

[To be submitted by each member of the JV/Consortium separately]

(Amount in Crores INR)

Liquidity:

Available Liquid assets of the member (Lead/Other):

Documents provided for Available Liquid assets:

Net Worth:

Net Worth of the bidder during last audited financial year:

Documents provided for Net Worth of the bidder during last audited financial year:

Note:

1. Separate Performa shall be used for each member in case of JV/Consortium.

2. All such documents shall reflect the financial data of the bidder or member in case of

JV/Consortium, and not that of sister or parent company.

3. The financial data in above prescribed format shall be certified by Chartered Accountant /

Statutory Auditor of the company in original, under his signature, stamp and membership

number.

4. The above financial data shall be updated to 31.12.2015/31.03.2016 considering price

level assuming 5% inflation for Indian Rupees every year and 2% for foreign currency

portions per year (Refer Annexure - 6: Project Data Sheet).

5. Financial year shall mean the financial year of the country of bidder/consultancy

firm/company.

6. In case the Liquidity is inadequate, the bidder may submit Banking Reference to establish

that they have access to the required working capital (refer Annex-8A).

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Annexure - 8: Financial Data of the Consultant

Turnover:

Sr.

No.

Financial Year Turnover

Actual Escalated

1

2

3

5

6

7

8

9

10

Total:

Average:

Currency/Exchange Rate:

Average Turnover in INR (In Crores):

Documents submitted for Turnover: __________________________________________

Note:

Attach copies of the audited balance sheets, including all related notes, income statements for the

last ten audited financial years, as indicated above, complying with the following conditions:

1. Separate Performa shall be used for each member in case of JV/Consortium.

2. All such documents & details shall reflect the financial data of the bidder or member in case

of JV/Consortium, and not sister or Parent Company.

3. Historic financial statements shall be audited by certified chartered accountant /Statutory

Auditor of the Company under their seal & stamp and shall be strictly based on Audited

Annual Financial results of the relevant period(s). No statements for partial periods will be

accepted.

4. Historic financial statements must be complete, including all notes to the financial

statements.

5. Foreign applicants, in whose country calendar year is also the financial year, may submit all

relevant data for the last 10 years i.e. 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013,

2014 and 2015.

6. The above Annexure-8 shall be duly certified by Chartered Accountant / Statutory Auditor

of the company in original under his signature, stamp and membership number.

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Annexure- 8A:Sample Format for Banking Reference for Liquidity

BANK CERTIFICATE

This is to certify that M/s .................................................... is a reputed firm/company with a good

financial standing.

If the contract for the work, namely..............................................................................is awarded to

the above firm/company, we shall be able to provide overdraft / credit facilities to the extent of

INR...................... to meet their working capital requirements for executing the above contract.

___Sd.___

Name of Bank: ___________________

Senior Bank Manager______________

Address of the Bank_______________

Change the text as follows for Joint Venture/Consortium :

(to be provided by each member of JV/Consortium separately)

This is to certify that M/s .................................................... who has formed a JV/Consortium with

M/s .................................................... and M/s .................................................... for participating in

this bid, is a reputed company with a good financial standing.

If the contract for the work, namely..............................................................................is awarded to

the above joint venture/consortium, we shall be able to provide overdraft / credit facilities to the

extent of INR…................... to M/s …................................................. to meet their working capital

requirements for executing the above contract

[This should be given by the JV/Consortium member is proportion to their financial participation]

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SECTION 4: TECHNICAL PROPOSAL

PROPOSAL DOCUMENT

FOR

SELECTION OF GENERAL CONSULTANT

FOR

METRO RAIL PROJECTS AT BHOPAL AND INDORE

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Table of Technical Forms

TECH No. Form

TECH-1: Technical Proposal Submission Form

TECH-2: Consultant‘s Organization and Experience

A. Consultant‘s Organization

B. Consultant‘s Experience

TECH-3: Comments and Suggestions on the Terms of Reference

TECH-4: Description of Approach, Methodology and Work Plan for Performing the

Assignment

TECH-5: Team Composition, Task Assignments and Summary of CV information

TECH-6: Curriculum Vitae (CV) for Proposed Key Experts

TECH-7: Expert Schedule

TECH-8: Work Schedule

TECH-9: Deployment Schedule

TECH-10: Acknowledgement of Compliance with the Guidelines for Employment of

Consultants

TECH-11: Curriculum Vitae (CV) for Proposed Non-Key Experts

TECH-12: Curriculum Vitae (CV) for Proposed Support Staff.

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TECH-1: Technical Proposal Submission Form

[Insert Location, Date]

To:

THE MANAGING DIRECTOR

MADHYA PRADESH METRO RAIL Co LTD

Palika Bhawan

Shivaji Nagar, Bhopal, Pin – 462016

Madhya Pradesh, INDIA

Dear Sir:

I/We, the undersigned, offer to provide the consulting services for General Consultancy in

accordance with your Request for Proposals dated [Insert Date].I/We are hereby submitting

our Technical Proposal.

[If the Consultant is a joint venture/consortium, insert the following: We are submitting our

Proposal as a joint venture/consortium with: [Insert a list with full name and the legal address

of each member, and indicate the lead member]. We have attached a copy [insert: “of our

letter of intent to form a joint venture/consortium” or, if a JV/consortium is already formed,

“of the JV/consortium agreement”] signed by every participating member, which details its

likely legal structure and the confirmation of joint and severable liability of the members of

the said joint venture/consortium.]

I/We understand that the Client is not bound to accept any Proposal that the Client receives.

I/We remain,

Yours sincerely,

Authorized Signature [in full and initials]:____________________________________

Name and Title of Authorized Signatory: _____________________________________

Name of Consultant [company’s name or JV’s/consortium’s name]:________________

In the capacity of: _______________________________________________________

Address: ______________________________________________________________

Contact information [phone and e-mail]: _____________________________________

[For a joint venture/consortium, either all members shall sign or only the lead member, in

which case the power of attorney to sign on behalf of all members shall be attached]

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TECH-2: Consultant’s Organization and Experience

A - Consultant’s Organization

[Provide here a brief (two pages) description of the organization and general experience of

the Consultant and, if applicable, each joint venture/ consortium member for this

assignment.]

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B - Consultant’s Experience

[Using the format below, provide information on each assignment of relevant eligible

projects (read with 19. (i) of Attachment 1 to Data Sheet) for which your firm and each

joint venture/consortium member for this assignment, was legally contracted either

individually as a corporate entity or as a lead firm or one of members within a joint

venture/consortium, for carrying out consulting services similar to the ones requested

under this assignment. Each member of JV/consortium shall provide separate details. Use

about 60 pages.]

Firm‘s Name: _____________________________________________________________

[Insert Name of legally contracted firm]

Claiming Member‘s Name: __________________________________________________

[Insert Name of claiming member in case of Joint Venture/consortium]

Details:

Assignment name:

Country:

Location within country:

Name of Client:

Address:

Start date (month/year):

Completion date (month/year):

Duration of assignment (months):

Field of professional services provided by

claiming member

(General Consultant/ Project Management/

Independent Engineer)

Percentage participation of claiming member in

the Joint venture/Consortium.

Value of the contract (Original amount in the

currency of the contract, as well as in INR)

Value of the services provided/actual fee received

by claiming member under the contract (Original

amount in the currency of the contract, as well as

in INR):

Present status of the project: (Completed/ In progress/ Not Started)

Total No of man-months of the assignment:

No. of professional man-months provided by the

claiming member:

Length of the Project (in km) Total:

Elevated:

Underground:

At grade:

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Name of joint venture/consortium members or

Sub-consultants, if any:

Narrative description of Project*:

Description of actual services provided in the assignment**:

*Narrative description of Project:

(Indicate also gauge, type of traction viz., diesel, AC/DC, 3rd rail/OHE, voltage, etc.; type

of Signaling and Telecommunications viz., computer based interlocking, Automatic Train

Operation, Automatic Train Protection, Continuous Automatic Train Control, Cab

signaling, etc.; size and special features of Rolling stock; Workshop and Depot size,

schedule of rolling stock inspections; any other special features of the Project)

**Description of Actual Services provided:

(Indicate also who prepared the Detailed Project Report. The services provided to be

indicated as a General Consultant, Project Management and Independent Engineer

including supervision, installation, commissioning, etc. in the various fields of work like,

Civil Engineering Structures, Ballast-less track, Electric Traction & Distribution,

Signaling & Telecommunications, Rolling Stock, Workshop & Depot, Traffic integration,

Environmental aspects, Automatic Fare collection, O&M, etc.)

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Received consultancy fees from the project: [Insert name]

Received fees by the Claiming Member

Actual

(Without currency conversion)

Escalated

(Without currency conversion)

Year INR

(In case amount

received in Rs)

Other Currency *

(In case amount

received other than

INR)

INR

(X)

Other Currency*

(Y)

2006

2007

2008

2009

2010

2011

2012

2013

2014

2015

Exchange Rate

Equivalent Indian Rupees (INR) Total ―X‖ Total ―Y‖

Total Equivalent India Rupees (INR) ―X + Y‖

*Currency other than INR

Note: Separate sheet may be attached as necessary (separate for each project).

Notes:

[These notes are for instructions only and may be deleted from submissions]

In terms of clause 19. (i) of Attachment 1 to Data Sheet, Eligible projects are the similar projects

of Metro/ LRT System in which fee excluding indirect taxes valued at not less than Rs 900

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million (Rs 90 crore) have been received by the member(s) of the bidding consortium in the

previous 10 years i.e. from 01.01.2006 to 31.12.2015.

1. All years starts from 1st January and ends on 31st December.

2. Following escalation factors based on yearly compounding method at the rate of 5% per

year for Indian National Rupees and 2% per year for foreign currency(ies) should be

considered for calculating the received fees at price level of Year 2015.

Period Escalation factor at the rate of

5% per Year for Indian

Rupees

Escalation factor at the rate

of 2% per Year for foreign

currency(ies)

01.01.2006 to 31.12.2006 1.5513 1.1951

01.01.2007 to 31.12.2007 1.4775 1.1717

01.01.2008 to 31.12.2008 1.4071 1.1487

01.01.2009 to 31.12.2009 1.3401 1.1262

01.01.2010 to 31.12.2010 1.2763 1.1041

01.01.2011 to 31.12.2011 1.2155 1.0824

01.01.2012 to 31.12.2012 1.1576 1.0612

01.01.2013 to 31.12.2013 1.1025 1.0404

01.01.2014 to 31.12.2014 1.0500 1.0200

01.01.2015 to 31.12.2015 1.0000 1.0000

3 The selling rate of exchange of Reserve Bank of India on the date Twenty Eight (28) days

(i.e. as on 19.01.2017) prior to the date specified for submission of Proposals should be

considered for calculating equivalent Indian Rupees.

4 Relevant client certificate or any other authenticated evidence should be attached for

verification.

a. Claimed year wise received consultancy fees by the claiming member should

correspond with the client certificate.

b. In case the year wise break-up of received consultancy fees not mentioned in client

certificate than the average received consultancy fees per year may be considered.

However, the total received consultancy fees of the claiming member (or percentage

of claiming member) must be mentioned in client certificate, same can also be

certified by statutory auditor/chartered accountant and produced as proof.

c. If consultancy assignment was carried out as JV/ Consortium, the share of particular

member for which details are furnished above should be clearly brought out in the

client certificate/document.

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d. Completion certificate issued by the client indicating the nature /scope of work,

actual completion cost and date of completion etc.

e. In absence of such evidence(s), client may not consider the claimed credential.

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TECH-3: Comments and Suggestions onTOR

Terms of Reference

[Present and justify here any modifications or improvement to the Terms of Reference you

are proposing to enhance performance in carrying out the assignment (such as deleting some

activity you consider unnecessary, or adding others, or proposing a different phasing of the

activities, suggesting pool of experts with tentative remuneration, any innovative/creative

suggestions that has a positive impact on overall project).Client will provide office space for

GC staff at head office and in city offices along with security and housekeeping staff at the

offices. Rest of the arrangement has to be done by the GC.]

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TECH-4: Description of Approach, Methodology and Work Plan

Technical approach, methodology and work plan are key components of the Technical

Proposal, You are suggested to present your Technical Proposal (about 70 pages, inclusive of

charts and diagrams) divided into the following three chapters:

a. Technical Approach and Methodology,

b. Work Plan, and

c. Organization and Staffing,

a) Technical Approach and Methodology: In this chapter you should explain your

understanding of the objectives of the assignment, main issues/concerns toward project

implementation, blue print and roadmap for comprehensive implementation. With focus

on but not limited to time bound, quality, economical, sophisticated, innovative

mechanism and financing of the project with special focus on maximizing fare box and

non-fare box revenue, reducing capex and opex. Also mention appropriateness and

suitability of the system components in terms of techno commercial viability and

economy of scale, learning and experiences of best practices adopted worldwide and in

India for implementation of Metro/MRTS projects. Provide Innovativeness proposed for

project implementation, comparative analysis of technical approach and

methodology and SWOT analysis of the Metro projects implemented in India and

some of the latest, major and important projects implemented worldwide, Multi

criteria and alternative analysis for best mode of implementing/contracting for the

project, approach to the services, methodology for carrying out the activities and

obtaining the expected output and the degree of detail of such output. You should

highlight the problems being addressed and their importance and explain the technical

approach you would adopt to address them. You should also explain the methodologies

you propose to adopt and highlight the compatibility of those methodologies with the

proposed approach. Unique selling points (USPs) of the approach and methodology of

the project should also be specifically mentioned project. Staff for training should also be

explained, if so required in the ToR. Along with other documents Gantt, PERT/CPM

Chart towards technical approach and methodology should also be attached. Please do

not repeat/copy the ToR here.

b) Work Plan: In this chapter you should propose the main activities of the assignment,

their content and duration, pre requisites, pre clearances and other clearances, critical

path factors, bottlenecks and hurdles causing delay in the project implementation and

escalation in the project cost. Lessons learnt from global and Indian experiences of

Metro project implementation, comparative analysis of the implementation/work plan

(initial and final) of different metros in India and some of the latest, major and important

projects implemented worldwide should be done and time bound implementation of the

project phasing and interrelations, milestones, comprehensive yet shortest scheduling

(including interim approvals by the Client), and delivery dates of the reportsto be

provided. The proposed work plan should be consistent with the technical approach and

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methodology, showing understanding of the TOR and ability to translate them into a

feasible working plan. A list of the final documents, including reports, drawings, and

tables to be delivered as final output, should be included here. The work plan should be

consistent with the Work Schedule of Form TECH-8. Unique selling points of the work

plan should be specifically mentioned. Claim management methodology and training

plan will be the integral part of the work plan. Work plan should also be submitted in

Gantt chart along with critical path factors and man months.

c) Organization and Staffing: In this chapter you should propose the structure and

composition of your team. You should list the main disciplines of the assignment, the

Key Experts and Non-Key Experts and proposed technical and administrative support

staff. You shall also specify, who will be the lead member in a joint venture/consortium

and responsibilities of each member. Staff scheduling will be integral part of this chapter.

It should be consistent with the technical approach, methodology and work plan. Specific

work, deliverables and respective man months should be depicted in the Gantt/Bar Chart.

[If required for comprehensive understanding of the approach, methodology and work

plan presentation could also be asked for but presentation will be based on TECH-4

submitted along with the bid document. Client may or may not call for the presentation

and it will the sole discretion of the client.]

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TECH-5: Team Composition,

Task Assignments and Summary of CV Information

Sr.

No.

Full

Name

Age

(In years

as on date

of

submission

of

proposal)

Proposed

position

Key/

Non

key/

Support

staff

Post

Qualification

Experience

Assignment

relevant

Experience

Qualification

(Year/Institute)

Present/previous

position

Name of

Present/previous

Consultant

Present/previous

Position

Key/ Non-key/

Support staff

CV singed by

Expert (Yes/No)

Note: In case of any discrepancy in the above summary, information in the relevant CV will be treated as authentic.

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TECH-6: Curriculum Vitae (CV) for Proposed Key Experts

1. General

Position Title [e.g., K-1, TEAM LEADER] [Note: Only one candidate shall be nominated to each

position.]

Name of Key Expert [Insert full name]

Name of the member of JV/Consortium

proposing the Key Expert

Date of Birth [Day/month/year]

Nationality

Country of Current Residence

2. Education: [List college/university or other specialized education, giving names of educational institutions, dates attended with year,

degree(s)/diploma(s) obtained]

_________________________________________________________________________________________________________________

_____________________________

3. Employment Record (Post Qualification): [Starting with present position, list in reverse order, every employment held. List all the

positions held by the expert post qualification. Give name of employing organization, title of position held, dates (From-To) and location of

the assignment].

4. Employment record (Relevant eligible assignments for Expert): [Starting with present position, list in reverse order. Please provide dates

(From-To),titles of position held, name of employing organization, types of activities performed and location of the assignment, and contact

information of previous clients and employing organization(s) who can be contacted for references. Past employment that is not relevant to

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the assignment does not need to be included.]

Sr.

No.

Period Position/Post

Held

Employing organization and Contact

information for references

Country Name of the

project

Summary of

activities

Performed

relevant to the

Assignment

[e.g., May

2011- Present]

[e.g.,

advisor/consultant

to…

[e.g., Ministry of ……,

For references: Tel…………/email……;

Mr. XXX, deputy minister]

5. Membership in Professional Associations and Publications:

____________________________________________________________________

6. English Language Skills:

English Language Skills* Remarks

Read Write Speak Kindly attached

documents/

certificates if

expert proposed

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has specific

qualification in

English or his/her

medium of

education was

English

*under language skills give gradation as excellent, very good, good, average and poor for every sub category.

7. Experience of working in Developing Countries in relevant eligible assignments

Sr. No. Name of the

project

Country City Position Year

8. Adequacy for the Assignment:

Detailed Tasks Assigned on Consultant’s Team of Experts:

[List major deliverables/tasks as in TECH- 8 in which the Expert will be involved]

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Reference to Prior Work/Assignments that Best Illustrates Capability to Handle the

Assigned Tasks

9. Certification:

I, the undersigned, certify to the best of my knowledge and belief that:

(i). This CV correctly describes my qualifications and my experience;

(ii). I am committed to undertake the assignment within the validity of Proposal;

(iii). I am not part of the team who wrote the terms of reference for this consulting services assignment;

(iv). I am, pursuant to Clauses 4 and 5 of the ITC, eligible for engagement.

I understand that any misstatement described herein may lead to my disqualification or dismissal, if engaged.

___________________________________________________Date: _______________

[Signatures of Key Expert]

Full name of Key Expert: _______________________________________

[Signature of authorized representative of the firm]

Day/Month/Year

Full name of authorized representative: _______________________________________

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TECH-7: Expert Schedule

No Name of Expert

/Position/Category

Professional Expert Man Months (in the form of a bar/Gantt chart) Man months input

1 2 3 4 5 6 7 8 9 10 11 12 n

On site

Man

Months

Back

office

Man

Months

Total

Man

Months

Key Experts

1 Mr. XYZ Project

Manager

2

N

Subtotal

Non-Key Experts

1

2

n

Subtotal

Support Staff

1

2

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n

Subtotal

Total

1. For Key Experts, the input should be indicated individually for the same position as required under Clause 19 of the Data Sheet; for

Non- Key Experts/Support staff it should be indicated individually, or, if appropriate, by category (e.g. economists, financial analysts,

etc.).

2. The bar chart should start from the deployment month‘s column for expert rather than from the first column.

3. Months are counted from the start of service.

4. One (1) month equals twenty four (24) working days. One (1) working day shall not be less than eight (8) hours.

5. On site means work carried out at a place in the project cities.

6. For On site.

7. For Back office.

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TECH-8:Work Schedule

No Activity Months

1 2 3 4 5 6 7 8 9 10 11 12 n

1

2

3

4

n

1. Indicate all main activities of the assignment, including delivery of reports (e.g.: inception, interim, and final reports and their sub

activities), and other benchmarks such as Client approvals. For phased assignments indicate activities, delivery of reports, and

benchmarks separately for each phase.

2. Duration of activities shall be indicated in the form of a bar/Gantt chart. Relation between activities (independent/parallel/sequential)

should be marked on the chart.

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TECH-9: Deployment Schedule

No

Activity Experts

Total man months Months

1 2 3 4 5 6 7 8 9 10 11 … n

Key Non-Key Support

1

2

3

4

n

( : Onsite deployment) ( : Back office deployment)

1. Indicate all main activities of the assignment, including delivery of reports (e.g.: inception, interim, and final reports and their sub

activities), and other benchmarks such as Client approvals. For phased assignments indicate activities, delivery of reports, and

benchmarks separately for each phase.

2. Duration of activities shall be indicated in the form of a bar/Gantt chart.

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TECH-10: Acknowledgement of Compliance

A) I,[name and position of authorized signatory] being duly authorized by [name of

Consultant/members of joint venture/consortium] (―Consultant‖) to execute this

Acknowledgement of Compliance with Guidelines for Employment of Consultants, hereby

certify on behalf of the Consultant and myself that all information provided in the

Technical and Financial Proposals (collectively ―Proposals‖) submitted by the Consultant

for [name of the Project] (hereinafter called ―the Project‖) is true, correct and accurate to

the best of the Consultant‘s and my knowledge and belief. I further certify, on behalf of the

Consultant, that:

(i). the Proposals have been prepared and submitted in full compliance with the terms and

conditions of the RFP and

(ii). the Consultant has not, directly or indirectly, taken any action which is or constitutes a

corrupt, fraudulent, collusive or coercive act or practice in violation of the provision of

the RFP and is not subject to any conflict of interest as stipulated in the relevant section

of this documents.

<If debarment for more than one year by the World Bank Group is NOT imposed, use the

following sentence B).>

B) I certify that the Consultant has NOT been debarred by the World Bank Group for more

than one year since the date of issuance of the Request for Proposals.

<If debarment for more than one year by the World Bank Group has been imposed BUT

three (3) years have passed since the date of such debarment decision, use the following

sentence B’).>

C) I certify that the Consultant has been debarred by the World Bank Group for a period more

than one year BUT that on the date of issuance of the Request for Proposals at least three

(3) years had passed since the date of such debarment decision. Details of the debarment

are as follows:

Name of debarred

firm

Starting date of

Debarment

Ending date of

Debarment

Reason for

debarment

D) I certify that the Consultant at present is not blacklisted/ debarred by the GoI/State

Governments/ PSUs and consultant will not enter into a sub contract with an entity or

individual which at present is blacklisted/debarred.

E) I certify that the experts of the Consultant having a direct contract with the Consultant or

expert nominated by the Consultant, who are assigned to this contract on time basis, will

not be engaged in any other assignment which may have time conflict with the Contract.

F) I certify, on behalf of the Consultant, that if selected to undertake services in connection

with the Contract, the Consultant shall carry out such services in continuing compliance

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with the terms and conditions of the RFP.

G) If any of the statements made herein is subsequently proven to be untrue or incorrect based

on facts subsequently determined, or if any of the warranties or covenants made herein is

not complied with, the Consultant will accept, comply with, and not object to any remedies

taken by the Employer and any sanctions imposed by or actions taken by client.

____________________________

Authorized Signatory

[Insert name of signatory; title]

For and on behalf of the Consultant

Date:

___________________________

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TECH-11: Curriculum Vitae (CV) for Proposed Non-Key Experts

1. General

Position Title [e.g., NK-1, SR. CONTRACT EXPERT] [Note: Only one

candidate shall be nominated to each position.]

Name of Non-Key Expert [Insert full name]

Name of the member of

JV/Consortium proposing the

Non-Key Expert

Date of Birth [Day/month/year]

Nationality

Country of Current Residence

2. Education: [List college/university or other specialized education, giving names of

educational institutions, dates attended with year, degree(s)/diploma(s) obtained]

__________________________________________________________________________

____________________________________________________________________

3. Employment Record (Post Qualification): [Starting with present position, list in reverse

order, every employment held. List all the positions held by the expert post qualification.

Give name of employing organization, title of position held, dates (From-To) and location of

the assignment].

4. Employment record (Relevant eligible assignments for Expert): [Starting with present

position, list in reverse order. Please provide dates (From-To),titles of position held, name of

employing organization, types of activities performed and location of the assignment, and

contact information of previous clients and employing organization(s) who can be contacted

for references. Past employment that is not relevant to the assignment does not need to be

included.]

S

r.

N

o.

Period Position/P

ost Held

Employing organization

and Contact information

for references

Country Name of

the

project

Summary

of activities

Performed

relevant to

the

Assignment

[e.g., May

2011-

[e.g.,

advisor/con

[e.g., Ministry of ……,

For references:

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Present] sultant to…

Tel…………/email……;

Mr. XXX, deputy

minister]

5. Membership in Professional Associations and Publications:

____________________________________________________________________

6. English Language Skills:

English Language Skills* Remarks

Read Write Speak

*under language skills give gradation as excellent, very good, good, average and poor for

every sub category.

7. Certification:

I, the undersigned, certify to the best of my knowledge and belief that:

(v). This CV correctly describes my qualifications and my experience;

(vi). I am committed to undertake the assignment within the validity of Proposal;

(vii). I am not part of the team who wrote the terms of reference for this consulting services

assignment;

(viii). I am, pursuant to Clauses 4 and 5 of the ITC, eligible for engagement.

I understand that any misstatement described herein may lead to my disqualification or

dismissal, if engaged.

___________________________________________________Date: _______________

[Signatures of Non-Key Expert]

Full name of Non-Key Expert: _______________________________________

[Signature of authorized representative of the firm]

Day/Month/Year

Full name of authorized representative: _______________________________________

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TECH-12: Curriculum Vitae (CV) for Proposed Support Staff

1. General

Position Title [e.g., S-1, IT MANAGER] [Note: Only one candidate

shall be nominated to each position.]

Name of Support Staff [Insert full name]

Name of the member of

JV/Consortium proposing the

Support Staff

Date of Birth [Day/month/year]

Nationality

Country of Current Residence

2. Education: [List college/university or other specialized education, giving names of

educational institutions, dates attended with year, degree(s)/diploma(s) obtained]

__________________________________________________________________________

____________________________________________________________________

3. Employment Record (Post Qualification): [Starting with present position, list in reverse

order, every employment held. List all the positions held by the expert post qualification.

Give name of employing organization, title of position held, dates (From-To) and location of

the assignment].

Sr.

No

.

Period Position/

Post Held

Employing organization

and Contact information

for references

Country Name of

the

project

Summary of

activities

Performed

[e.g.,

May

2011-

Present]

[e.g.,

advisor/con

sultant to…

[e.g., Ministry of ……,

For references:

Tel…………/email……;

Mr. XXX, deputy

minister]

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4. English Language Skills:

English Language Skills* Remarks

Read Write Speak

*under language skills give gradation as excellent, very good, good, average and poor for

every sub category.

5. Certification:

I, the undersigned, certify to the best of my knowledge and belief that:

(ix). This CV correctly describes my qualifications and my experience;

(x). I am committed to undertake the assignment within the validity of Proposal;

(xi). I am not part of the team who wrote the terms of reference for this consulting services

assignment;

(xii). I am, pursuant to Clauses 4 and 5 of the ITC, eligible for engagement.

I understand that any misstatement described herein may lead to my disqualification or

dismissal, if engaged.

___________________________________________________Date: _______________

[Signatures of Support Staff]

Full name of Support Staff: _______________________________________

[Signature of authorized representative of the firm]

Day/Month/Year

Full name of authorized representative: _______________________________________

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SECTION 5: FINANCIAL PROPOSAL

PROPOSAL DOCUMENT

FOR

SELECTION OF GENERAL CONSULTANT

FOR

METRO RAIL PROJECTS AT BHOPAL AND INDORE

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FIN-1: Financial Proposal Submission Form

[Location, Date]

To:

Madhya Pradesh Metro Rail Co Ltd

Palika Bhawan

Shivaji Nagar, Bhopal, Pin – 462016

Madhya Pradesh, INDIA

Attention: Managing Director

Dear Sirs:

We, the undersigned, offer to provide the General Consultancy for Metro Rail

Projects at Bhopal and Indore in accordance with your Proposal dated [insert Date]. Our

attached Financial Proposal is for the sum of ......... INR [insert amount(s) in figures and in

words1].

Our Financial Proposal shall be binding upon us subject to the modifications resulting

from Contract negotiations up to expiration of the validity period of the Proposal, i.e. the date

indicated in Clause 12 of the Data Sheet.

We understand that client reserves the right to reject all or any of the Proposals

without assigning any reasons whatsoever.

We remain,

Yours sincerely,

Authorized Signature [in full and initials]:…………………………………………………

Name and Title of Signatory:]:…………………………………………………

Name of Firm: ]:…………………………………………………

Address:]:…………………………………………………

1. Amounts must coincide with the ones indicated under Total in FIN-2. This amount is

exclusive of the indirect taxes, which shall be confirmed during negotiations, and

included in the Contract price.

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FIN-2: Summary of Costs

Amount in INR

Competitive Components:

Remuneration and

other overheads*

Sub-Total

Non-Competitive Components:

Indirect Taxes

Estimates

Provisional sums 20,00,00,000/-

Contingencies 15,00,00,000/-

Sub-Total

Total

(in figures and in

words)

* Includes allowances, reimbursable expenses and any other expenses.

1. Indicate the aggregate costs, which are exclusive of indirect taxes as payable by the

Client in terms of Clause 14 of Section 7: Special Conditions of Contract, Such aggregate

costs must coincide with the sum of the relevant sub-totals indicated in FIN-3 provided

with the Proposal.

2. As per requirement of other overhead expenses separate table could be attached as

Fin-3D, which would have mention of Serial No., different overhead items, unit

rates/lump sum rate of each item and Total.

Note: Aggregate cost (but not the rate of remuneration) with reference to number of man

months to be discussed and finalized at the time of negotiations if the Contract is awarded.

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FIN-3: Remuneration

FIN-3A : Key Experts

Sr. No Name of Expert Position Expert Proposed by (member

name)

On site/ Back Office

rate per Month1

in INR

Number of Man

month

Sub-Total

On site Back

office On site

Back

office

XXX Project Director

YYY Chief Quantity

Surveyor and Cost

Estimator

ZZZ Chief Financial

Advisor

Remuneration Sub-Total

1. The qualification and experience of Key Experts shall be complied with as per Attachment III (B) of Terms of Reference while proposing candidates for

respective positions

2. Rates per month to be quoted inclusive of the basic salary (including other financial benefits payable such as vacation pay, sick leave pay, insurance,

social charges/ social security contribution, etc.), all local and foreign taxes, duties, levies, charges and all other costs which has not been included

anywhere else, excluding indirect taxes.

3. Remunerations will be paid on the basis of man months only. Key experts working on site/back office shall be paid as per actual man days worked, their

man months shall be finalized in consultation with the client.

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FIN-3B : Non-Key Experts

Sr. No Position

Expert Proposed

by (member

name)

On site/ Back Office

rate per Month1

in INR

Number of Man month Sub-Total

On site Back office On site Back office

AAA Resident Engineer

BBB Section Engineer

Remuneration Sub-Total

1. The qualification and experience of Non-Key Experts shall be complied with as per Attachment III(B) to Terms of Reference while

proposing candidates for respective positions.

2. Rates per month to be quoted inclusive of the basic salary (including other financial benefits payable such as vacation pay, sick leave pay,

insurance, social charges/ social security contribution, etc.), all local and foreign taxes, duties, levies, charges and all other costs which has

not been included anywhere else excluding indirect taxes.

3. Remunerations will be paid on the basis of man months only. Non-key experts working on site/back office shall be paid as per actual man

days worked, their man months shall be finalized in consultation with the client.

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FIN-3C : Support Staff

Sr. No Position (Group) Staff Proposed by

(member name)

On site/ Back Office

rate per Month1

in INR

Number of Man month

Sub-Total

On site Back

office

On site Back

office

XXX Drafts Man

YYY Office Assistants

Remuneration Sub-Total

1. The qualification and experience of Support Group staff shall be complied with as per Attachment III(B) to Terms of Reference while

proposing candidates for respective positions.

2. Rates per month to be quoted inclusive of the basic salary (including other financial benefits payable such as vacation pay, sick leave pay,

insurance, social charges/ social security contribution, etc.), all local and foreign taxes, duties, levies, charges and all other costs which has

not been included anywhere else, excluding indirect taxes.

3. Remunerations will be paid on the basis of man months only. Support group working on site/back office shall be paid as per actual man days

worked, their man months shall be finalized in consultation with the client.

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Format of Fin-3D shall be as follows:-

Sr. No. Overhead Items* Unit Rate Total

TOTAL COST IN INR

* All other overhead items including allowances, reimbursable expenses and any other expenses required for carrying out the GC work should be mentioned

and total cost mentioned in Fin-3D should be essentially included in remuneration and other overhead column of Fin-2: Summary of Cost.

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Appendix: Instructions for Preparing Financial Proposal Form FIN-1 to FIN-3

1. Forms FIN-1 to FIN-3 must be completed and submitted to the Client in soft copies

strictly in accordance with the instructions.

2. It is the Consultant‘s responsibility to ensure the correct Financial Proposal format is used

for the selection method indicated in the Data Sheet.

3. Form FIN-1 Financial Proposal Submission Form shall be filled in the instructions

provided in the Form.

4. Form FIN-2 Summary of Costs. Form FIN-2 provides a summary of the elements of

estimated costs for implementation of the proposed Consultant services.

5. Form FIN-3 Remuneration

(i). The purpose of Form FIN-3 is to identify the monthly billing rates for each Key

Expert, Non-Key Expert and Support Group staff to be filled by the Consultant as part

of its proposed team. Please note that, for purposes of computing remuneration

payable to Experts and Staff. Payments for periods of less than one month shall be

calculated on a calendar-day basis (one day being equivalent to 1/30th of a month).

(ii). The following details shall be shown for each Expert:

a) Expert‘s name

b) Key or Non-Key Expert

c) Nominated position: same as that shown on Expert Schedule (Form TECH-7,

Section 4)

d) Currency: payments to the Experts and support staff will made in INR only.

e) On site rate; remuneration rate when the Expert is working in project cities.

f) Back office rate; remuneration rate when the Expert is working from the place other

than the project cities.

g) Months; number of months input to match that shown on the Expert Schedule

(Form TECH-7, Section 4).

6. General directions and descriptions of Terms of Reference/ scope of work are not

necessarily repeated or detailed in this document. References to the relevant sections of

the RFP should be made before quoting rates in the Financial Proposal.

7. The rates and prices quoted in the Financial Proposal shall, except as otherwise provided

under the Contract, include all equipment, manpower, supervision, materials,

maintenance, insurance, profit, royalty, taxes and duties, together with all general risks,

liabilities and obligations set out or implied in the Contract.

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8. All activities not specifically covered in the list of Items as mentioned in FIN-1 to FIN-3

including its corresponding attachments, but are required to be executed in order to

complete the scope of work have to be deemed as covered with in these mentioned items

of the list mentioned.

9. There is `NO‘ waiver/Concession and exemption from the Governments in respect of

Customs duty, Excise Duty, service tax any other taxes, duties, cess, Octroi/entry tax and

levies payable to various authorities.

10. No information relating to estimated cost or financial terms of services should be

included in the Technical Proposal.

11. All direct taxes applicable in State of Madhya Pradesh and in India to be included. All

indirect taxes applicable in the State of Madhya Pradesh and in India are to be excluded

from quoted amount of competitive component and to be mentioned under indirecttax

estimates along with supporting documents with mentioning rates, quantities and amount

of taxes, etc.

12. Such indirect taxes may include but not limited to Value Added Tax (VAT), Sales Tax,

Central Sales Tax, Octroi, Custom Duty, Excise Duty, Service Tax etc. for which the

Consultant is to obtain information at their own source and comply with, in arriving the

estimated value of such taxes.

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SECTION 6: TERMS OF REFERENCE

PROPOSAL DOCUMENT

FOR

SELECTION OF GENERAL CONSULTANT

FOR

METRO RAIL PROJECTS AT BHOPAL AND INDORE

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TERMS OF REFERENCE FOR GENERAL CONSULTANT (GC)

Objectives and Scope of Work

1.1 The objective of this contract is to obtain General Consultancy Services including

but not limited to strategic and financial consultancy including fare and non-fare

box revenue structuring, modeling ,design, procurement, construction, testing and

commissioning of the complete Metro Rail Projects at Bhopal and Indore including

all civil engineering structures, tracks, signals, telecom facilities, traction

arrangements, air conditioning & ventilation, rolling stock, O & M, maintenance

depots, stations, operation control center, offices, residential buildings, station

integration areas, bridges, flyovers, elevated, underground and surface sections

over the project routes and integration with other modes of transport, etc.

1.2 The summary of current route length and other salient features of the Bhopal and

Indore Metro Rail Projects have been given in Executive summary of the DPR

(part of this document – Attachment I & II)

1.3 The services shall include but not limited to tender packaging, preparation and

finalization of tender documents for civil, system, real estate and property

development contracts including preparing the conceptual plans for complete civil

engineering and system works, assisting client to fix contracts for civil, system, O

& M, real estate and property development works, evaluation of tenders, proof

checking system integration, assistance in procurement, construction supervision

(including monitoring of statutory obligations), project management services,

contract administration and interface management including assistance in

formulating/freezing of specifications, guide-lines, testing and commissioning of

Metro Rail Projects in relation but not limited to:

All civil structures, alignment & complete geometrical rail profile

Tracks,

Signals,

Telecom facilities,

Traction arrangements, Power Supply & SCADA

Air conditioning & ventilation,

Rolling stock,

Platform screen doors

Depots,

Stations,

Automatic fare collection,

Operation control centre,

Operation planning including degraded modes of operation,

Offices, residential and commercial complexes.

Station integration areas,

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Bridges,

Flyovers,

Elevated, surface and underground sections over the project routes

Integration with other modes of transport.

E&M comprising of lighting, fire fighting system, fire alarm, fire detection and

fire suppression system, public health & environment

Strategic and financial consultancy including fare box, property development

and other non-fare box revenue.

Legal services

IEC/PR services

Any other services and infrastructure required for successful completion,

operation and maintenance of the project

1.4 GC is also expected to carry out complete checking, verification and approval to

all civil/system contract design submissions including that of rolling stock,

certification of vendor sources and inspection of vendor items wherever needed,

supervision of all construction activities including installation of systems and

commissioning of rolling stock, integration of systems, ensuring specifications,

standards, safety and quality at worksites, monitoring and reporting the progress of

all works, supervision of system trials and system integration and ensuring

commissioning of the entire line in stages as per the milestones, at the same time

exercising utmost cost control measures.

1.5 The scope of work includes but is not limited to engage works and procurement

contract(s) including preparation of tender documents (consisting of Pre-

qualification criteria, Evaluation criteria, Specifications, Bill of Quantities (BOQ),

Special Conditions, etc.) and rendering any other assistance to client during

tendering process and finalization of the tenders. It also includes the services of

Project Management Consultants during execution of the project. GC will also be

responsible for timely execution of works through contractors.

1.6 In development of the project designs, the desired objectives of the client will

include but not limited to:

Economy, durability, environment - friendliness, passenger comfort, quality of

service as well as safety concern for environment and health aspects of workers

in construction, maintenance and operation,

Expeditiousness in construction,

Speed and optimal cost of construction,

Maintainability, reliability and renewability of the system in the context of the

Indian socio-economic and technological environment. The focus will also be

on ensuring construction with economical life cycle cost,

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Phased construction and commissioning of the project so as to provide early

relief to the city commuters.

Integration with other modes of transport to improve accessibility and ridership

of the Bhopal & Indore Metro Rail Project.

Adoption of the State-of-the-art technology commercial and revenue

management practices.

1.7 Technical Standards & Specifications: The recommended design criteria,

specifications, standards and codes of practice will be in accordance with the

relevant Indian codes of practice/specifications, where the standards and

specifications are not available in the Indian codes of practice/specifications,

International codes of practice/specifications will be adopted with the approval of

the client.

1.8 Arranging training of client‘s personnel during conceptual, design, tendering,

construction stage including but not limited to testing and commissioning stage

during contract period, as well as training of trainers shall be the responsibility of

the GC. Cost of the aforesaid training shall be included in the financial offer for 3

to 5 training sessions for 10 to 20 client‘s personnel who shall be given training for

7 to 10 days per session at locations for providing global experience towards

comprehensive implementation of the project.

2. Nature of Authority Delegated to GC:

GC shall be authorized to exercise following powers subject to the overall control

and directions of the client.

2.1 Exercise the powers of supervision, monitoring, evaluation, measurement of

works, verification and authentication of invoices etc. as ‗Engineer‘ to contracts

made under the provisions of this RFP. ‗Engineer‘ shall mean Engineer for the

client as defined in the GCC.

2.2 To assist client to obtain govt. clearances including but not limited to ROW and

utility shifting. To act on behalf of the client in coordination & other matters with

the city authorities, Govt. departments and statutory bodies as decided in

individual cases by the client.

2.3 Scrutiny and checking of all the designs and drawings of Structures, Electrical,

S&T, Rolling Stock etc. and enabling works submitted by the contractors in

respect of their adequacy to conform to the design standards approved by the

client.

2.4 Finalization of quality assurance manual, for all works, for the client; scrutiny and

approval of quality assurance program submitted by individual contractors and to

formulate and implement an integrated quality assurance program for the project.

2.5 Clearances of all matters relating to interfacing between different works, after

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critical examination.

2.6 Exercise the certification of payments, to be made by the client, for the contracts

made under the provisions of this RFP.

3. Data and information as per availability will be provided by the client.

4. Obligation of services for the General Consultant (GC) – Deliverables:

The services of the General Consultant may be broadly covered under the

following heads but not limited to:-

4.1 Review and supplement the details given in DPR of Bhopal & Indore Metro

Rail Project as available with the client- Effective Date (ED) + 01 month

The GC shall review and where ever necessary supplement the details, design

criteria, specifications, drawings, reports etc., with the object of deciding on the

parameters/details to be included in the tender documents. The task will be in the

following four stages:

Preliminary investigations

Preliminary system design.

Preliminary design, implementation, construction mechanism/schedule and

cost estimation.

Operations and Maintenance integration.

4.1.1. Preliminary investigations:

This activity will cover review, revalidation & supplementation of, but not limited

to;

Previous feasibility studies.

Previous Topographic survey and mapping.

Previous Geo-technical survey.

Previous Utility investigation.

Previous Investigation of the existing and future buildings, structures, land use

and urban development plans along the routes.

Previous Investigation of records and documents on the buildings and the

constructions along the routes.

4.1.2. Preliminary metro system design:

This will cover the following, but not limited to;

Physical Locations of all stations and detailing of route alignment.

Getting on and off passenger numbers and integration with other public modes

of transport.

Sectional passenger flow diagram.

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Preliminary train operation diagram.

Main size of railcar and train formation.

Traction Current collection system of railcar.

Power supply system.

Track structure type.

Signalling & Telecommunication system.

Train operation system.

Ticketing system and Ticket checking system.

Preliminary cost estimates and financial analysis

4.1.3. Preliminary design, implementation, construction mechanism/schedule and

cost estimation:

This will cover the following, but not limited to;

Alignment design drawing, vertical and horizontal alignment

Selection of method of implementation/construction

Evaluation & Selection of method of implementation/construction including

that of various viaduct design option.

Outline of all stations.

Outline of track layout plan

Outline of rail car performance. Train operation and inspection diagram.

Outline of railcar depots, inspection facilities and workshops.

Outline of substations and power supply system.

Outline of signalling system.

Outline of telecommunication system.

Outline of total integration of controlling train operation, traffic, passenger‘s

guidance and monitoring, disaster prevention, air-conditioning and ventilation,

sales management, power supply, railcar and facility inspection and

maintenance, and general administration.

Outline of buildings for head and branch offices, and control centres.

Outline of inspection and maintenance of equipment & depot.

Outline of physical stock and distribution base.

Phased construction schedule.

Construction cost, annual budget estimation and cash flow.

4.1.4. Optimization of Operations and Maintenance Practices

This will cover, but not limited to the following:

Optimization of power supply capacity during peak and off peak hours.

Comparison between manual maintenance and investment for man-saving

maintenance equipment.

Conflict among centralized control, independent control and central monitoring

and decentralized autonomous control.

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4.1.5. Review and, if necessary, supplement the details given in DPR for Bhopal &

Indore Metro as available with the client. However additional Preliminary

Investigation/Survey will be paid extra at mutually agreed cost, in case found

deficient in DPR; such investigation shall be under taken after approval of the

client.

4.2 Inception Report ( ED + 1.5 months)

An Inception Report (10 copies in English) shall be submitted by the GC to

the client within one month from the effective date, presenting an initial

technical appreciation of the services requirements and identifying both the

overall work plan and the analytical steps (and associated assumptions) to

reach solutions. It should prescribe the implementation of the proposed service

methodology, approach and provisional programs for completion of the

Project.

Comprehensive Road map for implementation of the project will be an integral

part of the inception report and it will include but not limited to prerequisites,

precautionary measures, bottlenecks, check list for implementation plan and

work schedule etc.

Consultant will submit deployment plan with the inception report which will

be finalized by the client in consultation with the consultant. Deployment

Schedule (On site as well as Back office) will be flexible & will be monitored

on monthly basis & can be amended as per need & requirement of the project.

4.3 Design Basis Report(DBR) and Schedule of Dimension (SOD) (ED + 1.5

months)

A Design Basis Report (DBR) and Schedule of Dimension (SOD) (10 copies in

English each) shall be submitted by the GC to the client. It shall include the all

system design basis based on Train operation/maintenance plan and inputs from

the inception report (As applicable).

4.4 Project Planning, Progress and Schedule Management (ED + 1.5 months)

4.4.1 Consultant shall prepare a detailed schedule and plan for the entire project

covering all tasks and sub tasks required for successful execution of the project.

4.4.2 Consultant shall advice on effective monitoring of the project Work Breakdown

Structure (WBS) and how to develop and control the Project Master Schedule. The

Consultant shall also assist Client and its Project Management team and

recommendations on Project execution.

4.5 Business Plan and Financial Strategy (ED + 03 months)

4.5.1 The consultant shall prepare an overall business plan for the project including

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financial assessment of the non-fare revenues as well as fare revenue proposed for

the project. The business plan shall be integrated with the overall financial strategy

of the client, if available.

4.5.2 The business plan shall include but not limited to the following:

Integrated project schedule including monetization plan of non-fare revenues

and optimization of fare box revenue.

The Consultant shall prepare broad execution plan and cost estimates for the

proposed non fare development.

The Consultant shall evolve an optimal business plan for the composite project

and assess the financial feasibility of development on suitable Transaction

models. The business plan shall be prepared on sound financial strategy.

Utilization of extra FAR and Value capturing finance shall be an integral

component of business plan.

4.5.3 The consultant shall assist the client in assessing and evaluating funding

requirements for the project including soft loans, grants and other innovative

financing mechanism from various ministries/schemes under Govt. of India,

bilateral/multilateral agencies like The World Bank, ADB, KfW, JICA or from

any other regional/global funding agencies.

4.6 Identification of non-fare box revenue models and undertake their Techno-

comic feasibility studies, financial analysis, business modeling and optimizing

fare-box revenue. (ED + 04 months and as per the time line decided by the

client considering the requirement of the project)

4.6.1 Review of opportunities to meet funding requirements of the project by monetizing

land assets, real estate development, early commercialization of other non-fare box

revenues

4.6.2 Assessment of Non-fare box revenue and optimizing fare-box revenue.

4.6.2.1 Suggest measures to optimize fare box revenue and revenue sources other than the

Fare box collection such as property development, advertising, retail, station

development along with station facilities and amenities, parking, branding etc. and

any other revenue improvement strategy to increase the viability of the project for

the Government. The financial analysis shall provide rates of return for different

development scenarios.

4.6.2.2 Review of Non-Fare box revenue experiences of other public transit systems

globally as well as in India. Consultant shall study the experience of different

metro rail systems, airports and other transportation hubs globally to bring

replicable lessons, duly tailor-making them for applicability for the client.

Consultants shall study international transportation systems which have

successfully raised substantial revenues from non-fare box sources, other than

property development and transit oriented development plans. In addition, the

Consultant shall also study the experience of players within different sectors in

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India including main stream real estate players, where substantial innovative value

capture from other source has happened and shall bring key learning for the client

from the same.

4.6.2.3 GC will assist in constitution and implementation of Dedicated Urban Transport

Fund (DUTF)/Metro fund through various sources of non-fare box and also assist

in optimizing fare box revenue through various surveys, study, analysis and other

various means.

4.6.2.4 Detailed action plan; The Consultant shall study in detail the viability of the

available non-fare box revenue options, and shall prepare a detailed action plan for

each of the components, but not limited to the following.

Licensing of commercial space at metro stations.

Advertising/Retail/Parking

Station Branding.

Any other similar models.

4.6.2.5 The consultant is required to study the present policies relevant to the above

mentioned models for generating non-fare box revenue and also suggest suitable

changes/modifications to the existing policies/regulations/Acts, etc.

4.6.3 Property Development

4.6.3.1 The client intends to exploit the spaces of Metro Properties including stations,

Depots and Properties along the corridor and in and around the city

commercially through property development. This activity may be taken up

either along with or independent of other Project activities. The designs for the

Project should make provision; however, for subsequent activity of property

development to Transport hubs should be planned at all terminal stations. All

stations wherever feasible in the whole system would be developed as

commercial hubs. The client also intends to do commercial development on the

depot land area. The GC would frame proposals for the same including

financials, etc. Services of a Property Development Planner having expertise in

the field are an absolute must.

4.6.3.2 The design of terminal stations for the Metro project should be such that any

subsequent extension of the line could be implemented with the least

expenditure.

4.6.3.3 The nature and scope for property development shall essentially include Transit

Oriented Development (TOD) and PPP based real estate development.

4.7 Legal and IEC/PR Services

GC on behalf and direction of client will handle all legal issues and PR related

works during currency of the contract and also shall look into IEC and PR services

for the client which will include but not limited to preparation of legal and IEC

roadmap and implementation thereof.

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4.8 Organization, Governance and set up of Control Room (ED + 02 months)

4.8.1 Consultant shall support client with development of Enterprise Resource Planning

(ERP), project management information system (PMIS) and standards, policies

and procedures for all core project functions including procurement, contract

management, design, project implementation and document control system along

with capacity building of the client‘s team on developed systems, standards,

policies & procedures.

4.8.2 Consultant will also prepare a consolidated Project Governance document that

consists of all plans, controls, manuals, systems, guidelines and strategies. This

should be followed by identifying various stakeholders, and key delivery elements

such as projects, contracts, and services, required to deliver the project together

with their interface relationships

4.9 Design and Tender document preparation & assistance in selection of

contractors/suppliers: ( ED + 03 months)

4.9.1. Preparation of tender design for Underground portions/Underground

stations, elevated portion / elevated stations, at grade portion/stations and

service building will include but not limited to:-

The tender design for underground portions /underground stations elevated

portion / elevated station, at grade portion/stations is to be finalized by GC,

keeping in view the following:

4.9.1.1 Geometric designs of final alignment plans and its profile to appropriate scale.

4.9.1.2 Design of cut and cover/bored tunnels shown in plan, cross-section profile,

including details of tunnel lining, its drainage, etc.

4.9.1.3 Design for soil stabilization/improvement, waterproofing of tunnels, their lining,

and required disaster prevention system.

4.9.1.4 Architectural and Engineering design for underground stations including related

details of stair cases, pedestrian accesses, elevators, escalators, ventilation and

vent shafts, air-conditioning equipment, platform screen doors, evacuation

facilities, etc.

4.9.1.5 Right of way plans on topographical and cadastral maps provided by the client.

4.9.1.6 Design of Field instrumentation for monitoring the performance of tunnels and

underground stations during and after construction.

4.9.1.7 The recommended design criteria, specifications, standards and codes of

practice will be in accordance with the relevant Indian codes of practice/

specifications. Where the standards and specifications are not available in the

Indian Codes of practice/specifications, International codes of practice/

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specifications will be adopted with the approval/consultation with the client.

The recommended criteria, specifications, etc. will become part of tender

design, on acceptance by the client.

4.9.1.8 The recommended specifications, and design criteria will also cover the

methods of construction, design of temporary works and disposal of excavated

materials, as also the external environment under which the work would be

required to be executed. The specifications will also prescribe the tests and

acceptance standards for various components of works.

4.9.1.9 It is to be ensured that the designs and specifications will meet the project

requirement at reasonable cost, without imposing any limitations in regard to

competitive bidding.The clientintends to go green and would be harnessing

solar energy at station, Depot, viaduct etc. Design approach should take into

account of this.

4.9.1.10 Finalization of outline design criteria, specification, standards and codes of

practises to be followed.

4.9.1.11 Based on the tender designs, and accepted design criteria, specifications,

standards and codes of practice, the general consultant shall prepare a suitable

BOQ (wherever required) and estimated cost for the various tender packages.

4.9.1.12 GC will review the preliminary design for the elevated/underground/ at grade

portions and stations, service and residential buildings. The design approach,

criteria, specifications, as accepted by the client will form the basis of detailed

design.

4.9.1.13 Tender will be on Design or/and construct or Turnkey basis for Bhopal &

Indore Metro Project, for (elevated, underground, at grade) portions and

stations, depots, service buildings etc. This contract will also include general

electrical and mechanical works at the stations.

GC shall recommend the designs for adoption as Tender designs covering all

aspects relevant to the implementation of Elevated/Underground/at grade

portions and in the degree of detail as required in tender documents for such

projects. Tender Design will include:

Geometric designs of final alignment plans and its profile to appropriate

scale.

Design for soil stabilization/improvement and required disaster prevention

system.

Architectural and Engineering design for elevated/underground/at-grade

stations including related details of stair cases, pedestrian accesses, elevators,

escalators, air-conditioning equipment, platform screen doors (if provided),

evacuation facilities, etc. Consultant would also suggest alternative to

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conventional air conditioning to achieve climate control i.e. reduction in dust

& temperature.

Right of way plans on topographical and cadastral maps provided by the

client.

Design of Field instrumentation for monitoring the performance of tunnels

and Elevated stations during and after construction.

Any other relevant details/data

4.9.1.14 The tender and contract documents for the agreed tender packages will include

following and other requisite documents (as per applicability):

Notice Inviting Tenders (NIT)

Form of Tender

Instructions to Tenderers

General Conditions of Contract

Special Conditions of Contract

Technical Specifications.

Bill of Quantities (wherever required).

Tender Drawings.

Form of Contract.

Pre-qualification documents

Pre-qualification criteria

Tender evaluation criteria.

SHEQ (Safety, Health, Environment and Quality) document

4.9.1.15 The bids would be invited by the client on the basis of the tender documents

prepared by the GC and accepted by the client.

4.9.1.16 The General Consultant shall review and proof check the design, including

drawings and other related documents submitted by the contractor for

conformity with the Specifications and the client‘s requirements and good

engineering practices. Particular emphasis shall be given to the system

planning and design in aspects of impact on the environment and urban

activities, as well as effects on the scheduling of works.

4.9.1.17 While checking the designs, GC will ensure that designs and drawings, are

functionally complementary for the multi-disciplinary works and the

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construction activity on such works is not hampered or delayed for want of

timely availability of the designs and drawings

4.9.1.18 The responsibility for preparation of Bill of Quantities (BOQ) on basis of the

approved drawings will be that of contractors, but the BOQs will be checked

by GC and approved by the client.

4.9.2. Preparation of Tender design and Tender documents for procurement of

Systems, Rolling Stock, Track and Depots for Bhopal & Indore Metro

Project will include but not limited to:- ( ED + 03 months)

4.9.2.1 GC will review and supplement the design criteria/specifications given for

various Systems, Rolling Stock and Depots

4.9.2.2 The tender design for Rolling stock and Depot to be used in Bhopal & Indore

Metro will be prepared by GC, in a manner that it is consistent with the final

design of corridors, track, stations, and the associated equipment, maintaining

safety clearances and ventilation/air conditioning requirements.

4.9.2.3 The tender design for the rolling stock and depot should be fully compatible

with Signaling and Train Control System, traction power system, desired

operational system, transport capacity etc. The recommended designs should

satisfy the criteria of economy in initial cost, operating as well as maintenance

cost as also life cycle cost. Energy saving for economy or counter measures

against temperature rise in tunnel should also be a guiding criterion.

4.9.2.4 The tender design is required to spell out the basic system design covering the

propulsion, brake and auxiliary power supply system in addition to the main

structure and safety aspects, in sufficient detail, so as to enable the bidders to

make competitive bids.

4.9.2.5 The tender documents for the Systems, Rolling Stock and Depots shall be

prepared, on the same lines as in para 4.9.1.14 above, with suitable

modifications. The tender documents will provide for the appraisal standard

for evaluation of Technical proposals from the tenders for supply of Rolling

stock.

4.9.2.6 Invitation of bids for supply of the required Systems, Rolling Stock and Depot

equipment, plant, machinery and O & M will be done by MPMRCL, based on

the tender design, specifications and acceptance criteria as approved by the

MPMRCL on recommendations of the GC. Preparation of bids will include

but not limited to:

Detailed Design, manufacture, supply, installation, testing and

commissioning of :

o Rolling Stock

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o Power supply and traction system.

o Signalling and train control system.

o Telecommunication system.

o Automatic Fare Collection system.

o Platform screen door / gate system

o Environment control system (ECS) and Tunnel Ventilation System

(TVS).

o Lifts/ escalators.

o Track works for elevated/at grade and underground section.

o Depot equipment, etc.

4.9.3. Selection of contractors/suppliers.

The GC shall assist client in the process of selection of contractors and

suppliers. The scope of services to be rendered by the GC in this regard shall

include but not necessarily be limited to:

4.9.3.1 Pre-qualification of contractors: GC shall undertake all necessary works

regarding preparation for announcement, receiving and evaluation of

contractor's documents and recommending to client, the pre-qualified list for

their acceptance.

4.9.3.2 Evaluation of the tender proposals and recommendations for the selection of

the contractors for all contracts

Prepare formal evaluation criteria and procedures for evaluation of the

proposals, obtain approval for the same from client and assist client to invite

bids from prequalified contractors.

Perform independent evaluation of all tender proposals for all contracts

received including ranking of the bidders.

Prepare a confidential Executive Evaluation Summary Report. This report

should contain a concise set of basis and justification for:

o Ranking of the tenders including the recommendations concerning

whether negotiations should be initiated with any of the bidders.

o Prepare Tender Evaluation Report and presentation documents.

o To make a presentation pertaining to the recommendations to a

committee and/or a working group that may be set up by client.

4.9.4. Negotiations with Consultant ( ED + 05 months)

Prepare information and data to be used in the negotiations/clarifications.

Assist client in negotiations/clarifications with the selected consultant and

record minutes of all meetings.

Assist client in analysis and evaluation of the results of

negotiations/clarifications in all aspects in order to be able to select the most

suitable consultant.

4.9.5. GC will assist client in preparation and execution of Contract agreements.

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4.10 Preparation of Various Plan (ED + 04 months)

GC will prepare and implement following plans but not limited to:-

Preparation of Disaster Management Plan.

Preparation of Security plan

Preparation of Safety, Health and Environment Management plan.

Developing of various Quality Assurance Plans (QAPs)

Planning and arranging training to the personnel of client in operation,

maintenance and repair of various equipment, plants and the system as a whole.

GC will prepare site /working front plans, in consultation with various

contractors, to enable smooth working and ensuring completion of works as

targeted/ scheduled.

Resettlement & Rehabilitation(R&R) Plan.

GC will ensure adherence to the standards prescribed by client for contractors

with regard to safety of works, safety of adjoining and overlying structures,

safety of workmen and safety of public during construction stage.

GC will prepare road traffic diversion plans in consultation with traffic police

authorities to ensure that traffic flow is not hampered during construction.

GC will prepare workable, proper, ‗muck/debris disposable plans‘ in

consultation with relevant authorities, particularly since a large quantity of

muck will be generated from excavation.

4.11 Support for coordination and facilitation in getting clearances and approval :

(as per timeline decided after negotiation)

GC will help in getting various clearances and approvals but not limited to:-

4.11.1 GC will prepare roadmap for getting various clearances required for

implementation of the project and implement the same as per direction of the

client.

4.11.2 GC will coordinate with National Highway, Railways and other authorities on

safety where ever required on alignments common with that of client for both the

cities.

4.11.3 GC will assist client for obtaining necessary environmental and other approvals as

required from GoI/GoMP. GC shall monitor the progress in these matters and

report to client.

4.11.4 GC will assist client in keeping the Commissioner of Metro Railway Safety

(CMRS), Government of India informed about project design/construction and

obtaining intermediate approvals as required.

4.11.5 GC will provide proper interface coordination so as to assure timely completion of

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all works on time and commissioning of the various sections according to the

implementation schedule drawn up.

4.11.6 GC will coordinate client in ensuring the tests, trials and commissioning of the

system (including obtaining final sanctions from Commissioner for Metro Railway

Safety).

4.11.7 In regard to co-ordination of activities to be carried out by the local authorities and

other Government departments, the role of GC would be to frame and put up to

client, detailed proposals for being discussed and resolved by client, in various co-

ordination groups set up by the Government of India/ State Government of

Madhya Pradesh. GC will provide to client all technical data, sketches, drawings,

and also attend the co-ordination meetings along with client for obtaining approval

of proposals from these co-ordination groups.

4.11.8 Ensure that the process for obtaining the approvals and schedule is well defined

including approvals from appropriate regulatory agencies.

4.11.9 Prepare list of clearances, approvals, permits, compliances related to the

development and implementation of the project. It shall also assist the client in

getting such requisite approvals from state government/ central government

agencies and/or regulatory bodies.

4.11.10 Assist in preparing proposals for the consideration to centre/state ministries,

departments, funding agencies, including further presentations / write ups / follow

ups, etc. with respect to implementation of the project.

4.11.11 Give comments and opinions sought by the departments /financing/regulatory

agencies under the State / Central Government with respect to the Bhopal & Indore

Metro rail projects being developed / implemented. The nature of queries may

pertain to methodology, documents or processes with respect to the project and

may include technical, commercial and financial aspects.

4.12 Performance of GC will include but not limited to( ED + 48 months +

DLP)

4.12.1 Proof checking and approval of design

GC will proof check the detailed design and assist client in approvalof the

same.

4.12.2 Supervision and Monitoring

The GC shall be responsible for supervising all project activities as mentioned

in Terms of reference of section 6. Suitable methods and systems shall be

developed by GC for ensuring implementation to the desired quality and

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safety, compliance to time schedule and compliance to environmental norms.

They shall also design suitable information system to report to client, with

latter‘s approval. The items will include but not be limited to the following:

4.12.1.1 Site Visits

To undertake visits to the construction sites, monitor the contractor‘s activities

for ensuring quality, safety and conformity to contract specifications and time

frame. It should be noted that responsibility for correctness, completeness and

adequacy of the works constructed by the contractors and for compliance with

statutory obligations remains with the contractors, GC will be responsible for

any deficiency in the performance of the contractors.

To monitor Contractor's activities with the goal of minimizing adverse effects

on public safety, traffic, residential and commercial activity and the

environment.

GC shall keep client informed of their findings and recommendations resulting

from these site visits. The responsibility and urgency of taking corrective

measures lies with GC.

4.12.1.2 Inspection, Testing and Commissioning of entire infrastructure and

system

To have close coordination with the manufacturers who will follow the design,

manufacture, installation, testing and commissioning of all plant equipment,

rolling stock, signaling, automatic fare collection, power supply and control

equipment, etc.

To advise the client on the final acceptance of the system based on the results

of the prototype, serial and/or system test.

During the maintenance period after the completion, the GC shall provide

adequate and relevant staff to undertake necessary follow-up and monitoring

and reporting to client on completeness of all works, proper execution of

works of all parties and any components of works to be checked up and

maintained according to construction/supply contracts.

4.12.1.3 Information Programs

To develop public information programs in close cooperation with the client

and inform the general public on:

The project in general

The design of stations and other passenger facilities, including traffic

integration facilities etc.

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Temporary restrictions to traffic and other encroachments on urban life

To assist client in maintaining public approval of the Project and to foster

willingness to put up with temporary inconveniences caused by construction

4.12.1.4 Budgeting and Accounting

Estimate overall program cost relating to the master implementation schedule.

Assess the financial position and project long-term financial statements.

Certify all required contract payments required to be made by client and satisfy

it about any observations on the same.

Further, GC will assist client in submission of disbursement claims to Funding

Institution.

4.12.1.5 In the course of performing the Supervisory functions for the Project, GC

will also:

Monitor all contract works in progress and identify any schedule or

coordination conflicts, recommend measures to eliminate or mitigate problems

and implement the recommended measures with the approval of client.

Conduct Performance reviews as desired by client and bring in improvement in

the designs carried out by Contractors and certify all work performed by

Contractors. GC shall forward two copies of all engineering drawings,

calculations and data along with soft copies to client as soon as the documents

are available.

Provide continuous coordination in interaction with various local authorities,

and govt. departments for resolution of issues related to the implementation of

the project. While the main coordinating agency will be client, the General

Consultant will be associated wherever required to provide technical support

by way of data, drawings, sketches and technical aspects of the issues.

4.12.3 Commissioning and Trial Run

The completed sections of the Bhopal and Indore Metro Rail can be opened to

passenger movements only after the sections are certified fit for passenger

traffic by the Commissioner of Metro Railway Safety (CMRS) and the sanction

is accorded by the Government under the relevant law for opening the section

for passenger movements.

Client will submit all necessary documents and have discussions etc. with

CMRS both at the design stage and construction stage to obtain intermediate

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approvals. GC will assist client in all respects in obtaining these approvals.

Prior to the invitation to the CMRS for inspection of the line, the sections

intended to be opened for traffic will be required to be subjected to the

requisite trial tests. GC will plan, arrange, supervise and certify all these trial

tests, if required with the support of client‘s staff, well in advance of the trial

runs.

GC will enable client, giving all necessary assistance, to conduct the tests. The

shortfalls noticed during the tests will be arranged to be rectified by GC

through the contractors. In order that the deficiencies are limited to the

minimum, the design and construction of the Bhopal and Indore Metro Rail

Projects should take due consideration of the requirements under the relevant

laws for opening of a Metro Rail system for the Public Carriage of Passengers.

All information as required to be furnished to the CMRS in connection with the

section to be opened to traffic shall be tabulated and furnished by GC to client

for seeking the certification of CMRS for opening of the section(s) to traffic.

4.13 Operations and Maintenance Practices/ Preparation of Manuals, Training

and Bid Preparation and Procurement of O & M Concessionaire,

Resettlement/ Rehabilitation and others ( ED + 06 to 48 months)

Preparation of Manual for Construction, Administration, Operation and

maintenance of Madhya Pradesh Metro Rail Projects.

4.13.1 GC will develop manuals but not limited to these:

Track Manual

Civil Works Manual

Signalling Manual

Telecommunication Manual

Commercial Manual

Operating Manual

Accident and Safety Manual

Rolling Stock Manual

Traction& Power Supply manual

Environmental Manual

Depot &Maintenance Manual

Quality Assurance Manual

Manual for lifts and escalators.

Climate Control

E & M manual

OCC manual

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Erection manuals

These Manuals are intended to form the basis of the training of Operations and

Maintenance personnel for the Bhopal & Indore Metro Rail Projects.

4.13.2 GC will prepare bid and allied documents for procurement of O & M

contractor(s) and ensure procurement of O & M contractor as per guidance of

the client.

4.14 Training of Personnel of the Client

GC will plan and design the training modules for personnel of the client for

operation, maintenance and repair of various equipment, machines and plants

supplied by various suppliers at OEM's premises. GC will also plan and design

training modules for these personnel and their trainers for operation, maintenance

and repair of the system as a whole. The training module shall also provide for

arrangement of training before commencement of the trials and will continue up to

commissioning of the system.

4.15 Support for Project management, monitoring and reporting:

GC should design, execute and maintain for client an electronic project

management system with functionality as mutually agreed between them and client

and shall submit following reports to client:

4.15.1 Inception Report ( as mentioned in clause 4.2)

4.15.2 Monthly Progress Report

A Monthly Progress Report (10 copies in English) shall be submitted by GC to

client. This Report shall be submitted by the 5th day of each calendar month and

shall account for all work actually performed upto the end of the previous month.

It should be submitted in a format approved by client and shall contain

sections/sub-sections for but not be limited to the topics listed below.

4.15.2.1 Progress

Monthly inputs envisaged and deliverables of key, Non-key experts and

support staff.

It shall describe the status of work performed during the previous month,

significant accomplishments, including critical items and problem areas,

corrective actions taken or planned and other pertinent activities and shall in

particular, address interface issues, problems and resolutions.

It shall include a simplified presentation of progress of the various parts of the

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contractual works in percentage terms compared with percentage planned

derived from the Works Program.

The status of permanent and temporary staffing of GC.

4.15.2.2 Programme Update

Programme updating shall include:

The monthly programme update which shall be prepared by recording actual

activity completion dates and percentage of activities completed up to the end

of the month of report together with estimates of remaining duration and

expected activity completion based on current progress. The Program Update

shall be accompanied by an Activity Report and a Narrative Statement.

The Programme Status which shall show Works Programme status up to and

including the current report period, display cumulative progress to date and a

forecast of works remaining.

The Activity Variance Analysis which shall analyze activities planned to start

prior to or during the report period but not started at the end of the report

period, as well as activities started and/or completed in advance of the Works

Programme.

4.15.2.3 Milestone Status

A report on the status of all Milestones due and achieved during the month and

forecasts of achievement of any missed Milestones and those due in the next

month.

4.15.2.4 Procurement Report

A summary of all significant procurement activities performed by the

contractors during the month and details of outstanding actions.

A report listing major items of plant and materials, which will be incorporated

into the Works. The items shall be segregated by type as listed in the

Specifications and the report should show at least the following activities:

a) Purchase/work order date - schedule/actual.

b) Manufacturer/supplier and origin.

c) Letter of credit issue date

d) Manufacturer/supplier shipping date - schedule /actual.

e) Method of shipment

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f) Arrival date in India - schedule/actual

g) Analysis of any delay happened/anticipated with proposal for corrective

measures.

4.15.2.5 Confidentiality

The GC shall keep secret and confidential and shall not disclose to any third

party, not use in any unauthorized manner any confidential information

regarding the present processing technology and the business affairs of the

client which the GC may have acquired through the negotiations,

discussions, examination of drawings, designs, process layout, use of

infrastructures etc. leading to the conclusions of the agreement. The parties

further agree not to use such information for any purpose whatsoever except

in the manner expressly provided for in this agreement. The obligations

hereunder shall survive any termination or cancellation of this Agreement.

4.15.2.6 Safety, Health & Environment

A review of all safety aspects during the month including reports on all

accidents, apprehended accidents and actions proposed to prevent further

occurrence

4.15.2.7 Financial Aspects

A review of all significant financial matters, payments due and made and

action proposed or taken in respect to any outstanding matters during the

month.

A schedule indicating the status of all variations and expenditure forecast.

A schedule of the status of outstanding claims (if any). The report shall in

particular, provide interim updated accounts of continuing claims.

4.15.2.8 Time of Completion

Estimated time of completion depending on existing status and projected rate

of progress

4.15.2.9 Points of Note

1) Public Relations – suggesting necessary initiatives as required

2) Potential problems– Identification and suggested remedial measures

4.15.2.10 Quality

GC shall report monthly on quality, including a review of all major non-

conformances during the month including reports on actions proposed to

prevent further occurrence.

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4.15.2.11 Bid evaluation reports will be submitted for all the packages for which bid

will be invited after the GC is in place. They have to submit 10 copies of each

report.

4.15.2.12 Quarterly report will have the same information as in the case of monthly

progress report but the period of information will be Three months. The

number of copies of the report will be Ten.

4.15.2.13 Annual report will also be like monthly and quarterly progress report but the

period of reporting will be annually.

4.15.2.14 As GC shall be responsible for supervising the construction of the project, for

its implementation to the desired quality and giving due regard to its time

schedule, suitable system has to be developed by GC for ensuring quality and

time schedule for the work and reporting the same to. Hence, Supervision

reports will be submitted monthly mentioning any deficiencies noted during

the supervision and the corrective action enforced by the General Consultants.

Any technical improvements brought out in methodology of working will also

be reported through these reports.

4.15.2.15 Engineering report will contain the information mainly on the activities of

GC in connection with review, revalidate and supplement the preliminary

design. The report will be submitted monthly in 10 copies.

4.15.2.16 O&M manual will have the procedure for maintaining the line after it is

commissioned. It will provide the information regarding the organization

needed for maintaining the corridor. It will also provide the information of any

important features/problems of the line faced during construction and require

special attention during operation. It will be prepared in fifty copies.

4.15.2.17 Draft final report is only a Pre Final report and have all the information in

connection with position of completion drawings, completion statements,

contractors‘ disputes/claims etc. It will be prepared in ten copies.

4.15.2.18 A final Report (10 copies in English) shall be submitted by GC to client It

shall contain, apart from other concerned matters, position of completion

drawings, completion statements, contractors‘ disputes/claims etc.

4.15.2.19 Completion report

GC shall prepare a Completion Report (15 copies in English), inclusive of all

data and drawings (including soft copies) pertaining to the execution of the

contracts shall be submitted at the completion of the contracts.

GC shall prepare an Executive Summary Report (15 copies in English),

covering in a refined form. The summary of the material contained in the

Completion Reports, shall be submitted on completion of the contracts.

4.16 All technical, financial and contract management powers will be exercised by

client. GC will have necessary powers to guide and supervise the

implementation of the project within the approvals obtained from client. The

GC will obtain client‘s approval to all matters that lie within their scope of

services. Any subsequent changes to the Project detail will also be put up to

client along with time and cost implications for approval. The main role of GC

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will be as follows:

GC will review the details given in the DPR of Bhopal and Indore project of

various components including Rolling Stock with regard to safety, economy,

energy conservation and environmental aspects, implementation schedule, and

other relevant aspects as formulated.

GC will certify the quantum of work done, its quality and the payments to be

made to various agencies engaged in the implementation of the project.

GC will coordinate review/monitor the progress and efforts of all contractors,

consultants, suppliers and manufacturers for scope of works under GC.

GC will carry out Construction/Erection supervision at various levels.

GC will undertake the contract administration, system integration and

environment management

GC will provide proper interface coordination so as to assure timely

completion of all works on time and commissioning of the various sections

according to the implementation schedule drawn up.

GC will plan for O&M, frame Operation and Maintenance Manuals and advise

necessary steps to be taken to get the O&M organization in place at the

appropriate time.

GC will plan and arrange for training of personnel of client deployed for

operation and maintenance of various equipment and plants at the suppliers‘

(OEM‘s) premises. GC will also plan and arrange for training of the personnel

in operation and maintenance of the system as a whole.

GC will prepare and implement schemes for integration with other modes of

transport including related transportation planning and assist client in putting in

place a mechanism of ‗seamless travel‘ through various means of

public/private transport with common ticketing.

GC will advise client on various options of property development with respect

to optimal utilization and integration of the separable commercial land

available with client including exploitation of airspace at various stations and

depots

GC will prepare and implement site /working front plans, in consultation with

various contractors, to enable smooth working and ensuring completion of

works as targeted/ scheduled.

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5. Responsibilities of General Consultant

a. The following will be the responsibilities of the General Consultant :-

GC shall at all times exercise all reasonable skill, care and diligence, in the

discharge of his duties. GC shall also be responsible for the accuracy and

completeness of his works and commissioning of Bhopal and Indore Metro.

GC will be responsible to ensure that the goods and services used on the Project

are appropriate, suitable and are reasonable in cost. The designs and

specifications adopted on the project should be such that they, in no way, limit

the requirements regarding competitive bidding. It is also essential that the GC is

and remains demonstrably impartial in the performance of its duties.

GC shall maintain full records relating to all aspects of the work covered by the

project. Such records shall be made available at all times to the client for

inspection. Mere acceptance by client shall not relieve GC of their professional

obligations to correct at their own cost any errors in their work.

The tracings and other originals of all plans, drawings, engineering specifications

and similar materials and any data and all records or documents pertaining to the

work including soft copies thereof shall be treated as confidential by GC and shall

not, without written consent of client, be made available to any person and shall

be delivered to client upon completion of the work and shall become the property

of client. However, GC may retain, for his own record, copies of the said plans

and documents.

b. Project management report

The GC shall support client in the Project management and coordination of the

project and shall

Prepare and implement coordination procedures

Prepare and implement project control procedures

Prepare and implement document control procedures

c. Contract management

The GC shall ensure following contract management

Prepare contract documents and correspondences to contractors

Manage claim control

Manage change control

d. Programme management

To make the Project Programme the GC shall:

Establish Master programme

Review contractor‘s programmes and associated progress

Prepare consolidate programme / progress report

e. Monitor safety, health and environment (SHE)

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GC shall establish requirements for SHE and overview the contractors‘ activities.

GC shall also review Safety Manual (prepared by contractor) for tunneling by

TBM in soft soil and other works.

f. Quality assurance and quality control (QA /QC)

GC shall implement a quality assurance system for the project.

GC shall establish requirements for Contractor QA/QC and overview the

contractors‘ activities.

GC shall review and approve quality assurance program submitted by individual

contractors and to formulate and implement an integrated quality assurance

program for the project.

g. Support to prepare proposal for CDM application

GC shall support MPMRCL to prepare proposals for CDM application, to enable

the project to obtain carbon credits, considering inter alia, energy regeneration of

the Project in the braking mode of rolling stock. GC shall also prepare other useful

proposals.

6. Staffing by GC for the consultancy services.

6.1 Considering the multi-disciplinary nature of the Bhopal and Indore Metro Projects,

the GC‘s team is required to have expertise in the following disciplines (but not

limited to the list):

1. Project management/coordination

2. Construction Planning.

3. (a) Station Planning/Architecture (elevated)

(b) Station Planning/Architecture (underground)

4. Geo-technical Engineering.

5. Structural Engineering.

6. Bridge Engineering.

7. Tunnel Engineering

8. Track Technology

9. Quality Assurance

10. Environmental Impact Analysis.

11. Traffic Engineering.

12. Train Operations.

13. Utility Engineering.

14. Contract Administration (including dispute review and resolutions).

15.(a) Electro-Mechanical Engineering. (elevated stations)

(b) Electro-Mechanical Engineering (underground stations)

16. Ventilation and Air-conditioning Engineering.

17. Communication Technology.

18. Signaling& Telecommunication.

19. Power Supply and Traction.

20. Rolling Stock.

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21. Car Maintenance Depot and workshop

22. Automatic Fare Collection system

23. Energy consumption and conservation

24. Financial Analysis

25. Safety and Security

26. Property Development& TOD

27. Multimodal transportation-Seamless travel.

28. IEC/PR related work.

29. Legal work

6.2 The GC shall prepare staffing schedule for the entire period of the implementation

of the project including the period of commissioning. The sections intended to be

opened for traffic will be required to be subjected to the requisite tests and trials

under the construction contracts prior to the invitation to the CMRS for inspection

of the line and also during the operation period.

Depending on the pace of the progress on the project, client may require GC to

adjust and regulate the deployment of their personnel.

7. Project Controls ( from ED till 48 months)

7.1 Consultant shall implement Client in deployment of effective Project control

system to enable proper planning, scheduling, budgeting, and measurement of

performance and help to ensure the successful delivery of the Project. Project

control system shall include integrated processes, methods, procedures that

effectively develops, manages, and reports on the Project schedule and cost

baselines as defined by the work breakdown structure (WBS).

7.2 To ensure successful implementation and execution of the Client‘s Program, the

Consultant will develop and support the implementation of a comprehensive

process for guiding, developing, planning, and managing overall project delivery.

8. Cost Management (from ED till 48 months)

8.1 Consultant shall advice and support Client to:

develop a best practices for cost management system

create Cost Breakdown Structure (CBS) which will include the overall Project

CBS and the CBS of each individual project to be delivered

Create the baseline Project budget. Budget must include costs relevant to the

overall Program and to each individual project to be delivered

prepare complete life-cycle cost analysis

develop and maintain on an individual project basis, the Master Budget for all

projects and phases

set the cash flow estimate of capital requirements

Review estimates and forecasts, code of accounts and cost distribution criteria

for the Project on a regular and as and when required basis.

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ensure any design submissions include cost estimates to enable Client to take

best decisions for approvals

create the procedure for handling payment requests

establish procedures for preparation of budget re-forecasts, and updated cash

flow

identify and design earned value reporting requirements and disseminating

information to the Client and stakeholders as appropriate

9. Document Control ( from ED till 48 months)

The Consultant shall develop and implement in consultation with the client:

An electronic document management system to safeguard related documents

for future reference for the Project

Develop and support the implementation policies, processes, procedures and

systems for the collection, storage, protection and dissemination of all Project

documentation.

Create and implement document control and filing system procedure that takes

into account all parties involved.

how to train client‘s existing, new and future Project staff and set-up

procedures for departments to receive, record, file, retrieve, duplicate, store

and issue documents.

Compile and manage the repository to include Project standards, policies,

procedures, plans, specifications, schedule, acceptance certificates, transmittal

letters, meeting minutes and reports, and any other information relevant to the

Project.

10. Risk Management ( from ED till 48 months)

The Consultant shall:

Develop and implement systematic risk management plan/strategy. The risk

management plan needs to be comprehensive to cover all potential risks faced by

the Project throughout the duration of the Services, identify probabilities of risk

occurrence and allocate weighting systems to monitor risk. It should also include

early warning systems and trend analyses and other methodologies that assist in

early discovery of risk items

Identify risks, record, evaluate, actively manage and regularly re-evaluate and

communicate across the Project

Identify, communicate and manage inter-Project or external risks

Identify and manage internal project related risks

Identify and implement mitigation measures ranging from adjustments to the

proposed alignment, changes, recovery plans and any other action used to mitigate

certain risks

Conduct risk assessment workshops on a regular basis with client, PMs, suppliers,

contractors and other stakeholders

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11. Scope and Change Management ( from ED till 48 months)

The Consultant shall:

Implement an internal Change Management Plan, Change Log, and associated

governance processes

Develop, review and update a change management system and procedures that

capture complete, accurate and consistent baseline documents and ensure changes

in design and implementation and any other change are controlled in accordance

with the contract documents and/or Project controls procedures.

Establish the procedures for changes to Project criteria to create uniformity of

application across all existing contracts of the Project and the projects for design

details, material approvals and other related items.

Will identify and monitor the matters affecting the project budget, provide timely

updates that reflect funds received, funds obligation through contract awards and

approved change orders, and projected obligations.

12. Performance management and Reporting ( from ED till 48 months)

The Consultant shall:

Develop and manage a reporting platform that will provide continuously updated

information and be customized to facilitate communication between Client and

various stakeholders including sub-contractors, suppliers and other consultants

Collect, analyzes, track, monitor, and separately report the Project cost, schedule

and budget information on an agreed basis. This should include all encumbrances,

commitments and actual expenditures and develop earned value, trends, forecasts

and variance information. In addition, the Consultant shall conduct Program

progress review meetings and other related meetings.

Prepare its periodic Project status reports to issue to higher authorities and/or other

relevant stakeholders

13. Stakeholder Management ( from ED till 48 months)

13.1 Consultant will ensure that stakeholder requirements are delivered though each of

the project components. This will enable the Client to focus on incorporating

stakeholders‘ input, serving as a liaison to all levels of government, and managing

the flow of funding in a transparent and proactive manner.

13.2 The Consultant shall:

Identify all stakeholders with the assistance of Client

Develop and implement a stakeholder management and coordination strategy

Support Client to initiate contact with all government and non-governmental

entities that form part of the Client

Prepare engagement strategies with stakeholders

Prepare proposals for the consideration to centre/state ministries, departments,

funding agencies, including further presentations/write ups/follow ups, etc. with

respect to implementation of the project.

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Give comments and opinions sought by the departments/financing/regulatory

agencies under the State/Central Government with respect to the Bhopal &

Indore Metro rail project being developed/implemented. The nature of queries

may pertain to methodology, documents or processes with respect to the project

and may include technical, commercial and financial aspects.

Ensure interface management and co-ordination.

14. Communication Management ( from ED till 48 months)

The Consultant shall develop a Program Communication Plan which addresses the

following elements:

Procedures and flow charts that details the Project participants, including but not

limited to Client, contractors, Sub Contractors, suppliers and other stakeholders

Delivery/distribution of different forms of information/communications to relevant

appropriate Project stakeholders

Contractual and functional communication requirements and ensuring Client is

always included in all communication between the Consultant and the Project

participants and all other entities relating to the Project Schedule status review

meetings at all levels

15. Contract Management ( from ED till 48 months)

The Consultant shall:

Provide contractual and commercial advice and support project managers

Comply with contract administration standards, procedures and tools

shall support Client how to give visibility to the management in the following

areas: changes, invoicing, claims, valuations and payments, notices, early

warnings, approvals, compliances, breaches, terminations, extensions,

entitlements, disputes and reconciliations, insurances, warranties, collaterals,

securities and bonds and take appropriate measures in consultation with the

Client.

16. Digital Platform for Project management ( ED + 04 months)

16.1 The Consultant shall select and implement appropriate digital platform for

undertaking project management and implement the same as directed by the

Client.

17. Knowledge Functions ( from ED till 48 months)

17.1 Develop and implement system to capture knowledge gained during project

execution for future use,

17.2 Search, analysis, procures and implement latest techniques for further

improvement/innovation in works related to metro rail development.

17.3 Showcase the project to stakeholders, participate in forums and create a positive

impact related to the development and implementation of metro rail projects in the

cities of the state of Madhya Pradesh.

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18. Services and Facilities to be provided by Client to GC

18.1 Client will provide office space for key resources as mentioned in TECH-3.

18.2 Assist foreign consultants, sub-consultants and personnel to obtain work permits

and such other documents as shall be necessary to enable the consultants, sub

consultants personnel to perform the service in India for this Project.

18.3 Assist foreign personnel and, if appropriate, their eligible dependents to be

provided promptly with all necessary entry and exit visas, residence permits and

any other document required for their stay in India.

18.4 Issue to officials, agents and representatives of the Government, all such

instructions as may be necessary for appropriate, prompt and effective

implementation of the General Consultancy.

18.5 Assist the foreign consultants their personnel and any sub-consultants employed

by the consultants for the services in any requirement to register or obtain any

permission.

18.6 Permit to practice their profession or to establish themselves either individually or

as a corporate entity according to the Applicable Laws.

18.7 Provide to the foreign consultants, sub-consultants and personnel such other

assistance as reasonably required.

18.8 For site supervision by the Consultant (GC), site offices shall be provided under

various construction contracts, reasonably furnished, as approved by client.

19. Duration of the Consultancy Services

Duration of consultancy services would be 48 months for implementation and 12

months of DLP; duration could be extended if required after mutual agreement

between Client and GC.

20. Language

The RFP application prepared by the Applicant and all correspondence and

documents related to the RFP and exchange by the Applicant and Client shall be in

English.

Any printed literature furnished by the Applicant may be written in another

language as long as such literature is accompanied by a translation of its pertinent

passages in English, in which case, for purpose of interpretation of the RFP, the

English translation shall govern.

21. Governing Law

The governing laws for the purpose of the tendering process including this

prequalification process are the laws of India and courts of Madhya Pradesh shall

have full jurisdiction considering any matter arising out of this RFP and the

tendering processes.

RFP NO: 01/GC/MPMRCL/2016 Section 6: Terms of Reference

MADHYA PRADESH METRO RAIL CO LTD Page | 144

Attachment I: Executive Summary of DPR for Bhopal

Executive Summary

1. The need

The urban sprawl of Bhopal planning area is already 812.26 Sq. Km. and the

population in the metropolitan area is over 2.3 million which is projected to be

over 4.3 million by year 2041.The per capita trip rate is 1.17 for the motorized trips

and the accident rates are quite high with about 9 % of them as fatal accidents, the

number of vehicles is further increasing rapidly every year and has already reached

about one million now. All these above have caused the shortage in the road space

for movement & parking of vehicles, space for non- motorized vehicles and

Pedestrians. This is also contributing substantially to the increased level of dust, air

and noise pollution due to more time spent on the travel time. The increase in road

area also needs frequent time to time maintenance for the good ride quality and less

wear and tear of the road user vehicles but this maintenance is not always happening

due to various factors like fewer funds, climate, traffic, other infrastructure works

on the road like lying of cables etc., and other social events.

Therefore a High level of high quality Mass transport system is needed for the city of

the Bhopal to attract its people to use clean and sustainable mode of transport to lead a

more safe, secure, healthy and high quality of life contributing to maintain the

ecosystem of the world by climate change mitigation and sustainable development and

by minimize converting further green area into built.

The aim of this contract is to obtain General Consultancy Services including but not

limited to design, procurement, construction, strategic and financial consultancy

including fare and non-fare box revenue modeling, testing and commissioning of the

complete Bhopal and Indore Metro Rail Project Corridors including but not limited to

all civil engineering structures, tracks, signals, telecom facilities, traction

arrangements, air conditioning & ventilation, rolling stock, maintenance depots,

stations, operation control center, offices, residential buildings, station integration

areas, bridges, flyovers, elevated and surface sections over the project routes and

integration with other modes of transport, etc.

The services shall include but not limited to tender packaging, preparation and

finalization of tender documents for civil and system contracts including preparing the

conceptual plans for complete civil engineering and system works, assisting Madhya

Pradesh Metro Rail Co Ltd to fix contracts for civil and system works, evaluation of

tenders, proof checking of designs for civil and system work where the contract is on

design and construct basis. GC is also expected to carry out complete checking,

verification and approval to all civil/system contract design submissions including that

of rolling stock, certification of vendor sources and inspection of vendor items

wherever needed, supervision of all construction activities including installation of

RFP NO: 01/GC/MPMRCL/2016 Section 6: Terms of Reference

MADHYA PRADESH METRO RAIL CO LTD Page | 145

systems and commissioning of rolling stock, integration of systems, ensuring

specifications, standards, safety & quality at worksites, monitoring and reporting the

progress of all works, supervision of system trials and system integration and ensuring

commissioning of the entire line in stages as per the target dates laid, at the same time

exercising utmost cost control measures.

2. Goals and Objectives:

The Goal is to offer a rail based Sustainable Urban Transport System, Smart and

Healthy City to increase the quality of life and better access to goods, services,

creating employment opportunities and sustainable development, climate change

mitigation resulting in a livable city environment i.e. health supportive environment

with more allocation of road space to people rather than vehicles so as to make people

include walk and cycle in their daily routines during course of transit for their healthy

life.

The aim is to increase the capacity of the existing developed urban land by increasing

the infrastructure so that some areas can be freed for green spaces and some

redeveloped for better optimum use.

The main objective of this project is to provide continuous availability of affordable,

reliable, safe, secure and seamless transport system in the urban agglomeration of

Indore so as to reduce the accidents, pollution, travel time, energy consumption and

anti-social incidents as well as to control urban development and land use for

sustainability and regional development.

3. Activities involved:

Design, Construction, Operation & Maintenance for the Metro Rail System. This will

mainly involve activities of consulting services, civil works, Procurement-Installation

& commissioning of electrical, signaling and telecommunication, rolling stock, air-

conditioning and ventilation, safety and security appliances, software, hardware for

ticketing and system O&M for the phase 1 section as detailed below :

Line

No.

Name of

Corridor/

Line

Total Stations Length in KM

Elevat

ed

Under

ground

At

Grade Total Elevated Ramp

Under

ground

At

Grade Total

2

Karond

Square to

AIIMS

14 2 0 16 12.58 0.62 1.79 0 14.99

5

Bhadbhada

Square to

Ratnagiri

Tiraha

14 0 0 14 12.882 0 0 0 12.88

TOTAL 30 27.87

RFP NO: 01/GC/MPMRCL/2016 Section 6: Terms of Reference

MADHYA PRADESH METRO RAIL CO LTD Page | 146

4. Outputs of the project

A State of the Art Metro Rail System providing seamless urban transport service

contributing to barrier free & environmental friendly i.e. good quality of life.

5. Outcome of the project

Reduction in Accidents / Lethality

Reduction in Fuel Consumption

Reduction in vehicle operating Cost

Reduction in Travel Time

Reduction in Pollution level

Increased Employment

Increased access to public transport

Sustainable development

6. Technical component

Procurement of Civil works/ Rolling Stock/ Signaling & Telecommunication/

Electrical/ Hardware and software for ticketing and Operations/ safety and security

appliances/ Air conditioning and ventilation.

7. Target population / group:

All General Public resident of Bhopal urban agglomeration and General Public

visiting Bhopal but for safety and security reasons persons who are visibly

intoxicated, insane and/or under the influence of controlled substances, persons

carrying flammable material and/or explosives, persons carrying bulky objects or

items over 1.5 meters (5ft) tall and/or wide are prohibited. The targeted ridership per

day on phase 1 lines is estimated as below:

Total

Day 2018 2021 2031 2041

Line Description Pass. Pass. km Pass. Pass.

km Pass. Pass. km Pass. Pass. km

2

Karond

Circle –

AIMS

198,106 891,190 215,224 968,194 283,703 1,276,250 373,970 1,682,322

5

Bhadbhada

SQ-

Ratnagiri

127,805 595,064 138,848 646,481 183,026 852,176 241,260 1,123,318

8. Implementation period

Project is proposed to be implemented in 5 years i.e. from 2017-18 to 2021-22

Section 6 – Term of Reference

MADHYA PRADESH METRO RAIL CO LTD Page | 147

Attachment II: Executive Summary of DPR for Indore

Executive Summary

1. The need

The urban sprawl of Indore planning area is already 505.25 Sq. Km. and the population in the

metropolitan area is over 2.3 million which is projected to be over 5.1 million by year

2041.The per capita trip rate is 1.21 for the motorized trips and the accident rates are quite high

with about 9 % of them as fatal accidents, the number of vehicles is further increasing rapidly

every year and has already reached about one million now. All these above have caused the

shortage in the road space for movement & parking of vehicles, space for non-motorized

vehicles and Pedestrians. This is also contributing substantially to the increased level of dust,

air and noise pollution due to more time spent on the travel time. The increase in road area also

needs frequent time to time maintenance for the good ride quality and less wear and tear of the

road user vehicles but this maintenance is not always happening due to various factors like

fewer funds, climate, traffic, other infrastructure works on the road like lying of cables etc.,

and other social events.

Therefore a High level of high quality Mass transport system is needed for the city of the

Indore to attract its people to use clean and sustainable mode of transport to lead a more safe,

secure, healthy and high quality of life contributing to maintain the ecosystem of the world by

climate change mitigation and sustainable development and by minimize converting further

green area into built.

The aim of this contract is to obtain General Consultancy Services including but not limited to

design, procurement, construction, strategic and financial consultancy including fare and non-

fare box revenue modeling, testing and commissioning of the complete Bhopal and Indore

Metro Rail Project Corridors including but not limited to all civil engineering structures, tracks,

signals, telecom facilities, traction arrangements, air conditioning & ventilation, rolling stock,

maintenance depots, stations, operation control center, offices, residential buildings, station

integration areas, bridges, flyovers, elevated and surface sections over the project routes and

integration with other modes of transport, etc.

The services shall include but not limited to tender packaging, preparation and finalization of

tender documents for civil and system contracts including preparing the conceptual plans for

complete civil engineering and system works, assisting Madhya Pradesh Metro Rail Co Ltd to

fix contracts for civil and system works, evaluation of tenders, proof checking of designs for

civil and system work where the contract is on design and construct basis. GC is also expected

to carry out complete checking, verification and approval to all civil/system contract design

submissions including that of rolling stock, certification of vendor sources and inspection of

vendor items wherever needed, supervision of all construction activities including installation of

systems and commissioning of rolling stock, integration of systems, ensuring specifications,

standards, safety & quality at worksites, monitoring and reporting the progress of all works,

supervision of system trials and system integration and ensuring commissioning of the entire

Section 6 – Term of Reference

MADHYA PRADESH METRO RAIL CO LTD Page | 148

line in stages as per the target dates laid, at the same time exercising utmost cost control

measures.

2. Goals and Objectives

The Goal is to offer a rail based Sustainable Urban Transport System, Smart and Healthy City

to increase the quality of life and better access to goods, services, creating employment

opportunities and sustainable development, climate change mitigation resulting in a livable

city environment i.e. health supportive environment with more allocation of road space to

people rather than vehicles so as to make people include walk and cycle in their daily routines

during course of transit for their healthy life.

The aim is to increase the capacity of the existing developed urban land by increasing the

infrastructure so that some areas can be freed for green spaces and some redeveloped for better

optimum use.

The main objective of this project is to provide continuous availability of affordable, reliable,

safe, secure and seamless transport system in the urban agglomeration of Indore so as to

reduce the accidents, pollution, travel time, energy consumption and anti-social incidents as

well as to control urban development and land use for sustainability and regional development.

3. Activities involved

Design, Construction, Operation, Maintenance & Management for the Metro Rail System. This

will mainly involve activities of consulting services, civil works, Procurement-Installation &

commissioning of electrical, signaling and telecommunication, rolling stock, air-conditioning

and ventilation, safety and security appliances, software, hardware for ticketing and system

O&M for the phase 1 section as detailed below :

Line

No.

Name of

Corridor/ Line

Total Stations Length in KM

Elevate

d

Under

ground

At

Grade Total Elevated Ramp

Under

ground

At

Grade Total

3

Ring: Nainod-

super corridor-

Bhawarshala-

MR10-vijay

nagar-Radisson

Square-Bengali

Sqaure-

Palasisa-Bada

Ganpati-

Nainod

20 4 6 30 19.27 1.97 3.48 7.09 31.55

4. Outputs of the project

A State of the Art Metro Rail System providing seamless urban transport service contributing

Section 6 – Term of Reference

MADHYA PRADESH METRO RAIL CO LTD Page | 149

to barrier free & environmental friendly i.e. good quality of life.

5. Outcome of the project

Reduction in Accidents/Lethality

Reduction in Fuel Consumption

Reduction in vehicle operating Cost

Reduction in Travel Time

Reduction in Pollution level

Increased Employment

Increased access to public transport

Sustainable development

6. Technical component

Procurement of Civil works/Rolling Stock/Signaling Telecommunication/Electrical/ Hardware

and software for ticketing and Operations/safety and Security appliances/ Air conditioning and

ventilation.

7. Target population / group

All General Public resident of Indore urban agglomeration and General Public visiting Indore

but for safety and security reasons persons who are visibly intoxicated, insane and/or under the

influence of controlled substances, persons carrying flammable material and/or explosives,

persons carrying bulky objects or items over 1.5 meters (5ft) tall and/or wide are prohibited.

The targeted ridership per day on phase 1 lines is estimated as below:

Total Day 2018 2021 2031 2041

Line Description Pass. Pass. km Pass. Pass. Km Pass. Pass. km Pass. Pass. km

3 Ring Line 3,16,175 21,27,197 3,44,488 23,17,682 4,58,487 30,84,663 6,10,213 41,05,456

8. Implementation period

Project is proposed to be implemented in 5 years i.e. from 2017-18 to 2021-22

Section 6 – Term of Reference

MADHYA PRADESH METRO RAIL CO LTD Page | 150

Attachment III (A): Positions and Number of Man-Months for Staff

Sr. No.

Expert Position

(Key/

Non-Key/

Support)

Nos.

Total

Minimum

Man-

month

Sl.

Type

Sl.

A CORE GROUP

1 K-1

Project Director / Project Leader / Project

Coordinator Key 2 96

2 K-2 Dy. Project Director/ Dy. Project Leader Key 2 120

3 K-3 Chief Contracts Manager Key 2 48

4 K-4 Dy. Chief Contracts Manager Key 2 120

5 NK-1 Sr. Contract Expert Non-Key 2 80

6 K-5 Chief Program Expert Key 2 96

7 K-6 Dy. Chief Program Manager / Sr. Program Expert Key 2 120

8 K-7 Chief Cost control Expert Key 2 84

9 K-8 Sr. Cost control Expert Key 2 84

10 K-9 Chief Quality Assurance Expert Key 2 48

11 K-10 Sr. Quality Assurance Expert (Civil) Key 2 120

12 K-11 Chief Safety Expert Key 2 48

13 K-12 Sr. Safety Expert Key 2 120

14 NK-2 Safety Engineer Non-Key 4 160

15 NK-3 Safety Inspector Non-Key 16 384

16 K-13 Chief Environment Expert Key 2 72

17 NK-4 Environment Engineer Non-Key 4 96

18 K-14 Chief Architectural Expert Key 2 96

19 K-15 Chief Testing & Commissioning Expert Key 2 72

20 NK-5 Senior Testing and Commissioning Expert Non-Key 6 216

21 K-16 Operation & Maintenance Expert Key 2 36

22 NK-6 Sr. Engineer O&M Non-Key 4 144

23 NK-7 Traffic Engineer Non-Key 2 72

24 NK-8 Traffic Inspector Non-Key 8 192

25 NK-9 Utility Engineer Non-Key 4 144

26 K-17 Multimodal Transport Planner Key 2 48

27 NK-10 Sr. Property Development Planner Non-Key 2 36

28 K-18 Chief Geo Technical Expert Key 2 36

29 NK-11 Senior Project Coordinator Non-Key 2 96

30 NK-12 Cost Controller Non-Key 4 160

31 NK-13 Sr. Procurement Engg. Non-Key 2 72

32 NK-14 Procurement Engg. Non-Key 4 96

Sub-Total for Group A Key 1464

Non-Key 1948

Support 0

Section 6 – Term of Reference

MADHYA PRADESH METRO RAIL CO LTD Page | 151

B

VIADUCT, ELEVATED STATIONS, SERVICE

BUILDING INCLUDING DEPOT

33 NK-15 Alignment Engineer Non-Key 2 48

34 K-19 Chief Structures expert – Elevated Key 2 48

35 K-20 Senior Project Execution Expert (Elevated) Key 2 72

36 K-21 Sr. Structure Execution Expert Key 4 96

37 NK-16 Section Engineer/ Elevated Stations and Viaduct Non-Key 8 192

38 NK-17 Site Engineer/ Elevated Stations and Viaduct Non-Key 8 192

39 K-22 Sr. Geotechnical Expert Key 2 48

40 K-23 Sr. Architect (Elevated viaduct, Depot and Station) Key 4 144

41 NK-18 Architect Non-Key 6 144

42 NK-19 Section Engineer (E & M) Non-Key 4 144

43 NK-20 Site Engineer (E&M) Non-Key 8 240

44 K-24 Senior Depot Resident Engineer Key 2 72

45 NK-21 Section Engineer-Depot Non-Key 4 144

46 NK-22 Site Engineer-Depot Non-Key 4 144

Sub-Total for Group B only Key 480

Non-Key 1248

Support 0

C UNDERGROUND SECTION GROUP

47 K-25 Chief Structures expert – Underground Key 2 72

48 K-26 Senior Structures expert – Underground Key 2 72

49 K-27 Sr. Bored Tunnel Expert Key 2 48

50 NK-23 Section Engineer/ UG Non-Key 4 144

51 NK-24 Site Engineer/ UG Non-Key 6 216

52 K-28 Sr. Engineer E&M /UG Key 2 72

53 NK-25 Section Engineer E&M /UG Non-Key 2 72

54 NK-26 Site Engineer E&M /UG Non-Key 6 216

55 NK-27 Section Engineer (cut & Cover) Non-Key 2 72

56 NK-28 Section Engineer (TBM) Non-Key 2 72

57 NK-29 Geotechnical Engineer Non-Key 2 48

58 NK-30 Geologist Non-Key 2 36

59 NK-31 Architect - UG Non-Key 4 144

60 K-29

Chief Ventilation and Air-conditioning (VAC)

Expert Key 2 72

61 K-30

Sr. Engineer - Tunnel Ventilation, Station Air-

conditioning Key 2 72

62 NK-32

Resident Engineer/ Tunnel Ventilation, Station Air-

conditioning and E&M Engineer -UG Non-Key 4 144

63 NK-33 Contract Expert - UG Non-Key 2 48

Sub-Total for Group C Key 408

Non-Key 1212

Support 0

D SYSTEMS GROUP

64 K-31 Chief Project Expert / System (system Integration) Key 2 48

65 K-32 Sr. Project Expert / System (system Integration) Key 2 96

Section 6 – Term of Reference

MADHYA PRADESH METRO RAIL CO LTD Page | 152

66 NK-34 System Training Expert Non-Key 2 36

D-1 POWER SUPPLY & TRACTION

67 K-33 Chief Power Supply & Traction Expert Key 2 96

68 NK-35 Sr. Traction Power Supply Expert Non-Key 2 72

69 NK-36 Sr. Engineer - Traction/OHE Non-Key 2 120

70 NK-37 Site Engineers - Traction/OHE Non-Key 4 144

71 NK-38 Sr. Engineer - Power Supply Non-Key 2 96

72 NK-39 Site Engineers - Power Supply Non-Key 4 144

73 NK-40 Sr. Engineer SCADA Non-Key 2 72

74 NK-41 Engineer SCADA Non-Key 2 72

D-2 TRACK

75 K-34 Chief Track Expert Key 2 96

76 NK-42 Sr. Track Design Expert Non-Key 2 60

77 NK-43 Sr. Engineer - Track Installation Non-Key 4 144

78 NK-44 Site Engineer - Track Installation Non-Key 4 144

D-3 SIGNALING

79 K-35 Chief Signaling Expert Key 2 48

80 K-36 Dy.Chief Signaling Expert Key 2 96

81 NK-45 Sr. Signaling Expert Non-Key 2 120

82 NK-46 Site Engineer - Signaling Non-Key 4 144

83 NK-47 Sr. RAMS Engineer Non-Key 2 72

D-4 TELECOMMUNICATION

84 K-37 Chief Telecom Expert Key 2 96

85 NK-48 Sr. Telecom Expert Non-Key 2 84

86 NK-49 Site Engineer - Telecom Non-Key 4 160

D-5 AUTOMATIC FARE COLLECTION

87 K-38 Chief Automatic Fare Collection Expert Key 2 96

88 NK-50 Sr. Automatic Fare Collection Expert Non-Key 2 84

89 NK-51 Site Engineer - AFC Non-Key 4 144

D-7 E&M

90 K-39 Chief E&M Expert Key 2 96

91 K-40 Sr. Lift, Escalators etc. Expert Key 2 84

92 NK-52 Engineer Lift, Escalators etc. Non-Key 2 48

D-8 ROLLING STOCK

93 K-41 Chief Rolling Stock Expert Key 2 48

94 K-42 Sr. Engineer Rolling Stock Key 2 96

95 NK-53 Rolling Stock Engineer — Electrical System Non-Key 2 84

96 NK-54 Rolling Stock Engineer— Mechanical System Non-Key 2 72

97 NK-55

Senior Maintenance Engineer for Rolling Stock,

Signaling & Depot. Non-Key 2 48

D-9 DEPOT PLANT & MACHINERIES

98 K-43 Chief Depot facility Expert (M&P) Key 2 72

99 NK-56 Depot Plant & Machineries Specification Engineer Non-Key 2 72

100 NK-57 Depot Plant & Machineries Installation Engineer Non-Key 4 84

Sub-Total for Group D Key 1068

Section 6 – Term of Reference

MADHYA PRADESH METRO RAIL CO LTD Page | 153

Non-Key 2320

Support 0

E -1

TECHNICAL/STRATEGIC / FINANCIAL

CONSULTANCY CORE TEAM (AT HEAD

OFFICE)

101 K-44 Head Strategic/ Financial Expert Key 1 12

102 K-45 Real Estate Expert Key 1 12

103 K-46 Project Controls Expert Key 1 48

104 K-47 Transport Economist Key 1 48

105 NK-58 Risk, Governance, Compliance & Reporting Expert Non-Key 1 48

106 NK-59 Schedule and Program management Expert Non-Key 1 48

107 NK-60 Cost and Financial Management expert Non-Key 1 48

108 NK-61 Scheduling Assistant Non-Key 2 96

109 NK-62 Executive Assistant Non-Key 1 48

110 NK-63 Procurement Manager Non-Key 1 48

111 K-48 PPP/Project Structuring Expert Key 1 24

112 NK-64 Project Communication Expert Non Key 1 48

113 NK-65 Real Estate Marketing Expert Non Key 1 24

114 NK-66 Land Pooling/Town Planning Expert Non Key 1 24

115 NK-67 Strategic Consultant (Technical) Non Key 1 48

E-2 TECHNICAL TEAM (AT HEAD OFFICE)

116 NK-68 Sr. Engineer - Rolling Stock Non-Key 1 48

117 NK-69 Sr. Engineer - Signaling Non-Key 1 48

118 NK-70 Sr. Engineer - Power Supply Non-Key 1 48

119 NK-71 Sr. Engineer - E&M Non-Key 1 48

120 NK-72 Sr. Engineer - AFC Non-Key 1 48

121 NK-73 Sr. Engineer - Communication Non-Key 1 48

122 NK-74 Sr. Engineer - Civil (Station/Depot) Non-Key 1 48

123 NK-75 Sr. Engineer - Civil (Underground) Non-Key 1 48

124 NK-76 Sr. Engineer - Civil (Elevated) Non-Key 1 48

125 NK-77 Sr. Architect Non-Key 1 48

126 NK-78 Section Engineer - Rolling Stock Non-Key 1 36

127 NK-79 Section Engineer - Signaling Non-Key 1 36

128 NK-80 Section Engineer - Power Supply Non-Key 1 36

129 NK-81 Section Engineer - E&M Non-Key 1 36

130 NK-82 Section Engineer - AFC Non-Key 1 36

131 NK-83 Section Engineer - Communication Non-Key 1 36

132 NK-84 Section. Engineer - Civil (Station/Depot) Non-Key 1 36

133 NK-85 Section. Engineer - Civil (Underground) Non-Key 1 36

134 NK-86 Sr. Engineer - Civil (Elevated) Non-Key 1 36

135 NK-87 Architect Non-Key 1 36

136 K-49 Legal Expert Key 1 36

137 NK-88 Deputy Legal Expert Non-Key 2 84

138 K-50 IEC/PR Expert Key 1 48

139 NK-89 Deputy IEC/PR Expert Non-key 2 96

Section 6 – Term of Reference

MADHYA PRADESH METRO RAIL CO LTD Page | 154

140 NK-90 Sr. Urban Planner/ TOD Expert Non-key 1 48

141 NK-91 Marketing Expert Non-Key 1 24

Sub-Total for Group E Key 228

Non-Key 1572

Support 0

F

SUPPORT GROUP FOR THE PROJECT

GROUP AND HEAD OFFICE

142 S-1 IT-Manager Support 3 180

143 S-2 IT Engineer Support 6 288

144 S-3 Receptionist Support 3 144

145 S-4 Secretary to P.D. Support 3 144

146 S-5 Secretary to D.P.D. Support 3 180

147 S-6 Office Manager Support 3 144

148 S-7 Office Assistant Support 9 432

149 S-8 Office Boy Support 12 576

150 S-9 Pantry Boy Support 12 576

151 S-10 Finance Manager Support 3 144

152 S-11 Account Asst. Support 3 180

153 S-15 Senior Cad Operator Support 3 144

154 S-16 Document Control Support 3 144

155 S-17 Asst. Document Controller Support 9 432

156 S-18 Quantity Estimator Support 4 192

157 S-19 CAD Draftsman - Elevated Stations + Structures Support 6 288

158 S-20 CAD Draftsman - UG Support 4 192

159 S-21 CAD Draftsman - (E&M) Support 4 192

Sub-Total for Group F Key 0

Non-Key 0

Support 4572

Key Experts (man-

months)

Non-Key Experts

(man- months)

Support Staff (man-

months)

Total (man-

months)

Experts 3648 8300 4572 16520

After negotiation positions, numbers and man months can be changed as per requirement of the

project. Firstly for new positions existing positions shall be adjusted and if aforesaid positions/

numbers/man months could not be changed looking in the need of the project then new

positions would be provisioned and against those position as per mutual consent payment would

be made to the consultant.

Section 6 – Term of Reference

MADHYA PRADESH METRO RAIL CO LTD Page | 155

Attachment III (B): Qualification and Experience Required for Key and Non-Key

Sr No

Expert Position

(Key/

Non-Key/

Support)

Post

Qualification

Experience

Relevant

Eligible

Assignment

Experience

Minimum required

Qualification Sl. Type

Sl.

A CORE GROUP

1 K-1

Project Director / Project

Leader / Project

Coordinator

Key 20+ Years 7+ or 3 to 7

years

Graduation in Engineering

2 K-2 Dy. Project Director/ Dy.

Project Leader Key 15+ Years

5+ or 3 to 5

years Graduation in Engineering

3 K-3 Chief Contracts Manager* Key 20+ Years 5+ or 3 to 5

years

Graduation in Engineering /

LLB/CA/MBA(Finance)

4 K-4 Dy. Chief Contracts

Manager* Key 15+ Years

5+ or 3 to 5

years

Graduation in Engineering /

LLB/ CA/MBA(Finance)

5 NK-1 Sr. Contract Expert* Non-Key 15 + years 3 + years Graduation in Engineering

/Diploma

6 K-5 Chief Program Expert Key 20+ Years 5+ or 3 to 5

years Graduation in Engineering

7 K-6

Dy. Chief Program

Manager / Sr. Program

Expert

Key 15+ Years 5+ or 3 to 5

years Graduation in Engineering

8 K-7 Chief Cost control Expert Key 20+ Years 5+ or 3 to 5

years Graduation in Engineering

9 K-8 Sr. Cost control Expert Key 15+ Years 5+ or 3 to 5

years

Graduation in Engineering

10 K-9 Chief Quality Assurance

Expert Key 20+Years

5+ or 3 to 5

years Graduation in Engineering

11 K-10 Sr. Quality Assurance

Expert (Civil) Key 15+ Years

5+ or 3 to 5

years Graduation in Engineering

12 K-11 Chief Safety Expert Key 20+Years 5+ or 3 to 5

years

PG/Certification, in relevant

professional field after

graduation

13 K-12 Sr. Safety Expert Key 15+ Years 5+ or 3 to 5

years

PG/Certification, in relevant

professional field after

graduation

14 NK-2 Safety Engineer Non-Key 10 + years 3+ years Graduate Engineer/Diploma,

with relevant certification

15 NK-3 Safety Inspector Non-Key 8 + years 3 + years Graduate Engineer/Diploma,

with relevant certification

16 K-13 Chief Environment Expert Key 15+ Years 5+ or 3 to 5

years PG in Environment

17 NK-4 Environment Engineer Non-Key 10 + years 3+ years Graduation in Engineering

/Diploma

Section 6 – Term of Reference

MADHYA PRADESH METRO RAIL CO LTD Page | 156

Sr No

Expert Position

(Key/

Non-Key/

Support)

Post

Qualification

Experience

Relevant

Eligible

Assignment

Experience

Minimum required

Qualification Sl. Type

Sl.

18 K-14 Chief Architectural Expert Key 20+Years 5+ or 3 to 5

years

Graduation in Architecture

19 K-15 Chief Testing &

Commissioning Expert Key 20+Years

5+ or 3 to 5

years Graduation in Engineering

20 NK-5 Senior Testing and

Commissioning Engineer Non-Key 10 + years 3+ years Graduate Engineer/Diploma

21 K-16 Operation & Maintenance

Expert Key 15+ Years

5+ or 3 to 5

years Graduation in Engineering

22 NK-6 Sr. Engineer O&M Non-Key 10 + years 3+ years Graduate Engineer/Diploma

23 NK-7 Traffic Engineer Non-Key 8 + years 3 + years Graduate Engineer/Diploma

24 NK-8 Traffic Inspector Non-Key 5 + years 2 + years Graduate

25 NK-9 Utility Engineer Non-Key 10 + years 3+ years Graduate Engineer/Diploma

26 K-17 Multimodal Transport

Planner Key 15+ Years

5+ or 3 to 5

years

PG in transportation

engineering/ planning

27 NK-10 Sr Property Development

Planner ** Non-Key 10 + years 3+ years Graduation

28 K-18 Chief Geo Technical

Expert Key 15+ Years

5+ or 3 to 5

years

PG in Geo Technical

engineering/ Graduation in

Geology

29 NK-11 Senior Project Coordinator Non-Key 10 + years 3+ years Graduate Engineer/Diploma

30 NK-12 Cost Controller Non-Key 10 + years 3+ years Graduate Engineer/Diploma

31 NK-13 Sr. Procurement Engg. Non-Key 10 + years 3+ years Graduate Engineer/Diploma

32 NK-14 Procurement Engg. Non-Key 10 + years 3+ years Graduate Engineer/Diploma

B VIADUCT, ELEVATED STATIONS, SERVICE BUILDING INCLUDING DEPOT

33 NK-15 Alignment Engineer Non-Key 10 + years 3+ years Graduate Engineer/Diploma

34 K-19

Chief Structure expert –

Viaduct, Elevated, Station

and Depot

Key 20+ Years 5+ or 3 to 5

years PG in structural engineering

35 K-20 Senior Project Execution

Expert (Elevated) Key 15+ Years

5+ or 3 to 5

years Graduation in civil engineering

36 K-21 Sr. Structure Execution

Expert Key 15+ Years

5+ or 3 to 5

years Graduation in civil engineering

37 NK-16 Section Engineer/ Elevated

Stations and Viaduct Non-Key 8 + years 3 + years Graduate Engineer/Diploma

38 NK-17 Site Engineer/ Elevated

Stations and Viaduct Non-Key 6 + years 2 + years Graduate Engineer/Diploma

39 K-22 Sr. Geotechnical Expert Key 15+ Years 5+ or 3 to 5

years

Graduation in engineering

40 K-23 Sr. Architect (Elevated

viaduct, Depot and Station) Key 15+ Years

5+ or 3 to 5

years

Graduation in architecture

41 NK-18 Architect Non-Key 8 + years 3 + years Graduation in architecture

42 NK-19 Section Engineer (E & M) Non-Key 8 + years 3 + years Graduate Engineer/Diploma

Section 6 – Term of Reference

MADHYA PRADESH METRO RAIL CO LTD Page | 157

Sr No

Expert Position

(Key/

Non-Key/

Support)

Post

Qualification

Experience

Relevant

Eligible

Assignment

Experience

Minimum required

Qualification Sl. Type

Sl.

43 NK-20 Site Engineer (E&M) Non-Key 6 + years 2 + years Graduate Engineer/Diploma

44 K-24 Senior Depot Resident

Engineer Key 15+ Years

5+ or 3 to 5

years

Graduate in Civil Engineering

45 NK-21 Section Engineer-Depot Non-Key 8 + years 3 + years Graduate Engineer/Diploma

46 NK-22 Site Engineer-Depot Non-Key 6 + years 2 + years Graduate Engineer/Diploma

C Underground Section

47 K-25 Chief Structure expert –

Underground Key 20+ Years

5+ or 3 to 5

years

PG in structural engineering

48 K-26 Senior Structure expert –

Underground Key 15+ Years

5+ or 3 to 5

years

PG in structural engineering

49 K-27 Sr. Bored Tunnel Expert Key 15+ Years 5+ or 3 to 5

years

Graduation in Civil

engineering

50 NK-23 Section Engineer/ UG Non-Key 8 + years 3 + years Graduate Engineer/Diploma

51 NK-24 Site Engineer/ UG Non-Key 6 + years 2 + years Graduate Engineer/Diploma

52 K-28 Sr. Engineer E&M /UG Key 15+ Years 5+ or 3 to 5

years

Graduate engineering

53 NK-25 Section Engineer E&M

/UG Non-Key 8 + years 3 + years Graduate Engineer/Diploma

54 NK-26 Site Engineer E&M /UG Non-Key 6 + years 2 + years Graduate Engineer/Diploma

55 NK-27 Section Engineer (cut &

Cover) Non-Key 8 + years 3 + years Graduate Engineer/Diploma

56 NK-28 Section Engineer (TBM) Non-Key 8 + years 3 + years Graduate Engineer/Diploma

57 NK-29 Geotechnical Engineer Non-Key 10 + years 3+ years Graduate Engineer/Diploma

58 NK-30 Geologist Non-Key 8 + years 3 + years Graduation in Geology

59 NK-31 Architect – UG Non-Key 10 + years 3+ years

Graduation in Architecture

60 K-29 Chief Ventilation and Air-

conditioning (VAC) Expert Key 20+ Years

5+ or 3 to 5

years Graduation in Engineering

61 K-30

Sr. Engineer - Tunnel

Ventilation, Station Air-

conditioning

Key 15+ Years 5+ or 3 to 5

years

Graduation in engineering

62 NK-32

Resident Engineer/ Tunnel

Ventilation, Station Air-

conditioning and E&M

Engineer -UG

Non-Key 15 + years 5 + years Graduate Engineer/Diploma

63 NK-33 Contract Expert - UG Non-Key 10 + years 3+ years Graduate Engineer/Diploma

D SYSTEMS GROUP

64 K-31

Chief Project Expert /

System (system

Integration)

Key 20+ Years 5+ or 3 to 5

years

Graduation in Engineering

65 K-32 Sr. Project Expert / System

(system Integration) Key 15+ Years

5+ or 3 to 5

years Graduation in Engineering

66 NK-34 System Training Expert Non-Key 10 + years 3+ years Graduate Engineer/Diploma

D-1 POWER SUPPLY & TRACTION

Section 6 – Term of Reference

MADHYA PRADESH METRO RAIL CO LTD Page | 158

Sr No

Expert Position

(Key/

Non-Key/

Support)

Post

Qualification

Experience

Relevant

Eligible

Assignment

Experience

Minimum required

Qualification Sl. Type

Sl.

67 K-33 Chief Power Supply &

Traction Expert Key 20+ Years

5+ or 3 to 5

years

Graduate in electrical

Engineering

68 NK-35 Sr. Traction Power Supply

Expert Non-Key 15 + years 3 + years

Graduate in electrical

Engineer/Diploma in electrical

69 NK-36 Sr. Engineer -

Traction/OHE Non-Key 10 + years 3+ years

Graduate in electrical

Engineer/Diploma in electrical

70 NK-37 Site Engineers -

Traction/OHE Non-Key 6 + years 2 + years

Graduate in electrical

Engineer/Diploma in electrical

71 NK-38 Sr. Engineer - Power

Supply Non-Key 10 + years 3+ years

Graduate in electrical

Engineer/Diploma in electrical

72 NK-39 Site Engineers - Power

Supply Non-Key 6 + years 2 + years

Graduate in electrical

Engineer/Diploma in electrical

73 NK-40 Sr. Engineer SCADA Non-Key 10 + years 3+ years

Graduate in

electrical/electronics

Engineer/Diploma in

electrical/electronics

74 NK-41 Engineers SCADA Non-Key 6 + years 2 + years

Graduate in

electrical/electronics

Engineer/Diploma in

electrical/electronics

D-2 TRACK

75 K-34 Chief Track Expert Key 20+ Years

5+ or 3 to 5

years Graduate in civil Engineering

76 NK-42 Sr. Track Design Expert Non-Key 15 + years 3 + years Graduate in civil Engineering

/Diploma in civil

77 NK-43 Sr. Engineer - Track

Installation Non-Key 10 + years 3+ years

Graduate in civil

Engineering/Diploma in civil

78 NK-44 Site Engineer - Track

Installation Non-Key 6 + years 2 + years

Graduate in civil Engineering

/Diploma in civil

D-3 SIGNALING

79 K-35 Chief Signaling Expert Key 20+Years 5+ or 3 to 5

years

Graduate in

electrical/electronics

engineering

80 K-36 Dy.Chief Signaling Expert Key 15+ Years 5+ or 3 to 5

years

Graduate in

electrical/electronics

engineering

81 NK-45 Sr. Signaling Expert Non-Key 15 + years 3 + years

Graduate in

electrical/electronics

Engineer/Diploma

82 NK-46 Site Engineer - Signaling Non-Key 6 + years 2 + years

Graduate in

electrical/electronics

Engineer/Diploma

83 NK-47 Sr. RAMS Engineer Non-Key 10 + years 3+ years

Graduate in

electrical/electronics

Engineer/Diploma

D-4 TELECOMMUNICATION

84 K-37 Chief Telecom Expert Key 20+ Years 5+ or 3 to 5

years

Graduate in

electrical/electronics

engineering

85 NK-48 Sr. Telecom Expert Non-Key 10 + years 3+ years

Graduate in

electrical/electronics

Engineer/Diploma in

electrical/electronics

Section 6 – Term of Reference

MADHYA PRADESH METRO RAIL CO LTD Page | 159

Sr No

Expert Position

(Key/

Non-Key/

Support)

Post

Qualification

Experience

Relevant

Eligible

Assignment

Experience

Minimum required

Qualification Sl. Type

Sl.

86 NK-49 Site Engineer - Telecom Non-Key 6 + years 2 + years

Graduate in

electrical/electronics

Engineer/Diploma in

electrical/electronics

D-5 AUTOMATIC FARE COLLECTION

87 K-38 Chief Automatic Fare

Collection Expert Key 20+ Years

5+ or 3 to 5

years Graduation in engineering

88 NK-50 Sr. Automatic Fare

Collection Expert Non-Key 10 + years 3+ years Graduate Engineer/Diploma

89 NK-51 Site Engineer - AFC Non-Key 6 + years 2 + years Graduate Engineer/Diploma

D-7 E&M

90 K-39 Chief E&M Expert Key 20+ Years 5+ or 3 to 5

years Graduation in engineering

91 K-40 Sr. Lift, Escalators etc.

Expert Key 15+ Years

5+ or 3 to 5

years Graduation in engineering

92 NK-52 Engineer Lift, Escalators

etc. Non-Key 10 + years 3+ years Graduate Engineer/Diploma

D-8 ROLLING STOCK

93 K-41 Chief Rolling Stock Expert Key 20+ Years 5+ or 3 to 5

years

Graduate in

electrical/mechanical

engineering

94 K-42 Sr. Engineer Rolling Stock Key 15+ Years 5+ or 3 to 5

years

Graduate in

electrical/mechanical

engineering

95 NK-53 Rolling Stock Engineer —

Electrical System Non-Key 10 + years 3+ years

Graduate in

electrical/electronics

Engineer/Diploma in

electrical/electronics

96 NK-54 Rolling Stock Engineer—

Mechanical System Non-Key 10 + years 3+ years

Graduate in

electrical/mechanical

Engineer/Diploma in

electrical/mechanical

97 NK-55

Senior Maintenance

Engineer for Rolling

Stock, Signaling & Depot.

Non-Key 10 + years 3+ years

Graduate in

electrical/electronics/mechanic

al Engineer/Diploma in

electrical/electronics/mechanic

al

D-9 DEPOT PLANT & MACHINERIES

98 K-43 Chief Depot facility Expert

(M&P) Key 20+ Years

5+ or 3 to 5

years

Graduation in Engineering

99 NK-56 Depot Plant & Machineries

Specification Engineer Non-Key 10 + years 3+ years

Graduate in

mechanical/electrical

Engineer/Diploma in

mechanical/electrical

100 NK-57 Depot Plant & Machineries

Installation Engineer Non-Key 10 + years 3+ years

Graduate in

mechanical/electrical

Engineer/Diploma in

mechanical/electrical

E -1 Strategic / Financial Consultancy Team (At Head Office)

Section 6 – Term of Reference

MADHYA PRADESH METRO RAIL CO LTD Page | 160

Sr No

Expert Position

(Key/

Non-Key/

Support)

Post

Qualification

Experience

Relevant

Eligible

Assignment

Experience

Minimum required

Qualification Sl. Type

Sl.

101 K-44 Head Strategic/ Financial

Expert** Key 15 + years

5+ or 3 to 5

years

CA/ MBA(finance)

/ PG in (Economics/ Finance)

102 K-45 Real Estate Expert** Key 10 + years 5+ or 3 to 5

years Graduation in any discipline

103 K-46 Project Controls Expert** Key 10 + years 5+ or 3 to 5

years Graduation in any discipline

104 K-47 Transport Economist** Key 15+ years 5+ or 3 to 5

years Graduation in any discipline

105 NK-58

Risk, Governance,

Compliance & Reporting

Expert **

Non-Key 10 + years 3+ years Graduation in any discipline

106 NK-59

Project Planning,

Scheduling and Program

Management Expert **

Non-Key 10 + years 3+ years Graduate Engineer/Diploma

107 NK-60

Cost and Financial

Management/ Economic

and Financing scheme

expert**

Non-Key 8 + years 3 + years CA/PG in Finance or

equivalent

108 NK-61 Scheduling Assistant** Non-Key 5 + years 2 + years Graduate Engineer/Diploma

109 NK-62 Executive Assistant** Non-Key 3 + years NIL Graduation in any discipline

110 NK-63 Procurement Manager** Non-Key 8 + years 3 + years Graduate Engineer/Diploma

111 K-48 PPP/Project Structuring

Expert** Key 10 + years

5+ or 3 to 5

years

MBA (Finance)/CA/Company

Secretary/LLB

112 NK-64 Project Communication

Expert** Non Key 8 + years 3+ years

MBA( Communication/media

Management)/PG in

Journalism/Mass

Communication or equivalent

113 NK-65 Real Estate Marketing

Expert**

Non Key 8 + years 3+ years

MBA ( Marketing/Finance) or

equivalent/ Graduation in civil

engineering

114 NK-66 Land Pooling/Town

Planning Expert**

Non Key 8 + years 3+ years

PG in Urban/ Regional

Planning or equivalent

115 NK-67 Strategic Consultant

(Technical) **

Non Key 8 + years 3+ years Graduation in Engineering.

E-2 Technical Team (At Head Office)

116 NK-68 Sr. Engineer - Rolling

Stock Non-Key 10 + years 3+ years

Graduate in

Electrical/Mechanical

Engineer/Diploma in

Electrical/Mechanical

117 NK-69 Sr. Engineer - Signaling Non-Key 10 + years 3+ years

Graduate in

Electrical/Electronic

Engineer/Diploma in

Electrical/Electronic

118 NK-70 Sr. Engineer - Power

Supply Non-Key 10 + years 3+ years

Graduate in Electrical

Engineer/Diploma in Electrical

Section 6 – Term of Reference

MADHYA PRADESH METRO RAIL CO LTD Page | 161

Sr No

Expert Position

(Key/

Non-Key/

Support)

Post

Qualification

Experience

Relevant

Eligible

Assignment

Experience

Minimum required

Qualification Sl. Type

Sl.

119 NK-71 Sr. Engineer - E&M Non-Key 10 + years 3+ years

Graduate in

Electrical/Electronics/Mechani

cal Engineer/Diploma in

Electrical/Electronics/Mechani

cal

120 NK-72 Sr. Engineer - AFC Non-Key 10 + years 3+ years Graduate Engineer/Diploma

121 NK-73 Sr. Engineer -

Communication Non-Key 10 + years 3+ years

Graduate in

Electrical/Electronics

Engineer/Diploma in

Electrical/Electronics

122 NK-74 Sr. Engineer - Civil

(Station/Depot) Non-Key 10 + years 3+ years

Graduate in civil

Engineer/Diploma in civil

123 NK-75 Sr. Engineer - Civil

(Underground) Non-Key 10 + years 3+ years

Graduate in civil

Engineer/Diploma in civil

124 NK-76 Sr. Engineer - Civil

(Elevated) Non-Key 10 + years 3+ years

Graduate in civil

Engineer/Diploma in civil

125 NK-77 Sr. Architect Non-Key 10 + years 3+ years Graduation in Architecture

126

NK-78

Section Engineer - Rolling

Stock Non-Key 8 + years 3 + years

Graduate in

Electrical/Mechanical

Engineer/Diploma in

Electrical/Mechanical

127

NK-79

Section Engineer -

Signalling Non-Key 8 + years 3 + years

Graduate in

Electrical/Electronics

Engineer/Diploma in

Electrical/Electronics

128 NK-80 Section Engineer - Power

Supply Non-Key 8 + years 3 + years

Graduate in Electrical

Engineer/Diploma in Electrical

129

NK-81

Section Engineer - E&M Non-Key 8 + years 3 + years

Graduate in

Electrical/Electronics/

Mechanical Engineer/Diploma

in Electrical/Electronics/

Mechanical

130 NK-82 Section Engineer – AFC Non-Key 8 + years 3 + years Graduate Engineer/Diploma

131

NK-83

Section Engineer -

Communication Non-Key 8 + years 3 + years

Graduate. in

Electrical/Electronics

Engineer/Diploma in

Electrical/Electronics

132 NK-84 Section. Engineer - Civil

(Station/Depot) Non-Key 8 + years 3 + years

Graduate in civil

Engineer/Diploma in civil

133 NK-85 Section. Engineer - Civil

(Underground) Non-Key 8 + years 3 + years

Graduate. in civil

Engineer/Diploma in civil

134 NK-86 Section Engineer - Civil

(Elevated) Non-Key 8 + years 3 + years

Graduate in civil

Engineer/Diploma in civil

135 NK-87 Architect Non-Key 8 + years 3 + years Graduate in Architecture

136 K-49 Legal Expert* Key 20 + years 5+ or 3 to 5

years LLB

137 NK-88 Deputy Legal Expert* Non- Key 15 + years 5 + years LLB

138 K-50 IEC/PR expert Key 15 + years 5+ or 3 to 5

years

PG in Mass

Communication/Public

Relation or equivalent

139 NK-89 Deputy IEC/PR expert Non-Key 10 + years 3 + years

PG in Mass

Communication/Public

Relation or equivalent

Section 6 – Term of Reference

MADHYA PRADESH METRO RAIL CO LTD Page | 162

Sr No

Expert Position

(Key/

Non-Key/

Support)

Post

Qualification

Experience

Relevant

Eligible

Assignment

Experience

Minimum required

Qualification Sl. Type

Sl.

140 NK-90 Sr. Urban Planner/ TOD

Expert Non-Key 10 + years 3 + years

Post-Graduation in

Transportation/Graduate in

Urban Planning

141 NK-91 Marketing Expert Non-Key 10 + years 3 + years MBA(marketing)

F SUPPORT GROUP FOR THE PROJECT GROUP AND HEAD OFFICE

142 S-1 IT-Manager Support 6 + years NIL Graduate in IT/Computers

Science Engineering

143 S-2 IT Engineer Support 3+ years NIL Graduate in IT/Computers

Science Engineering

144 S-3 Receptionist Support 3 + years NIL Graduate

145 S-4 Secretary to P.D. Support 3 + years NIL Graduate

146 S-5 Secretary to D.P.D. Support 3 + years NIL Graduate

147 S-6 Office Manager Support 6 + years NIL Graduate

148 S-7 Office Assistant Support 3+ years NIL Graduate

149 S-8 Office Boy Support 1 + years NIL 10th

Pass

150 S-9 Pantry Boy Support 1 + years NIL 10th

Pass

151 S-10 Finance Manager Support 6 + years NIL Graduate in

Finance/Economics

152 S-11 Account Asst. Support 3+ years NIL Graduate in Commerce

153 S-15 Senior CAD Operator Support 6 + years NIL Graduation in Engineering

154 S-16 Document Control Support 6 + years NIL Graduate

155 S-17 Asst. Document Controller Support 3+ years NIL Graduate

156 S-18 Quantity Estimator Support 6 + years NIL Graduate Engineer/Diploma

157 S-19 CAD Draftsman - Elevated

Stations + Structures Support 3+ years NIL Diploma

158 S-20 CAD Draftsman - UG Support 3+ years NIL Diploma

159 S-21 CAD Draftsman - (E&M) Support 3+ years NIL Diploma

Note:

(i) Diploma candidate shall have 5 years more experience to the experience shown

against each position in attachment III (B).

(ii) Diploma course should be duly approved by the concerned Government

Authority and Duration of diploma course should be mentioned

(iii) Experts can apply for one rank higher key position subject to fulfillment of

required qualification and relevant eligible assignment experience (except K-1,

K-15, K-19, K-25, K-31, K-41 and K-43 position). However, applying for one

rank higher key position would require additional relevant eligible assignment

experience of 2 years than as mentioned in the above table against relevant key

positions. i.e. to obtain full ( 30%) marks experience required will be 7+ years

and to obtain (15%) marks experience required will be 5 to 7 years against

clause no. 19 (iii)(2) 1a and 1b.

Section 6 – Term of Reference

MADHYA PRADESH METRO RAIL CO LTD Page | 163

(iv) After negotiation aforesaid positions could be either interchanged or changed

with new positions as per requirement of the project by the Client.

(v) CVs not fulfilling required qualification and experience will be disqualified

therefore will not be assigned any marks. In case firm with those CVs becomes

successful bidder then consultancy firm should replace those CVs with the CVs

with requisite qualification and experience.

*experts should have experience of basic understanding of civil and infrastructure

project, legal vetting of the documents, contract management, contract drafting,

procurement procedure, arbitration and conciliation, dispute settlement and claim

management etc.

**In addition to experience of relevant eligible assignments experts with experience

of Transit oriented development (TOD)/Mega Property Development related

Engineering/ Infrastructure projects shall also be eligible.

Section 7(Part-I) - Form of Contract

MADHYA PRADESH METRO RAIL CO LTD Page | 164

SECTION 7 (Part-I): CONTRACT CONDITIONS - FORM OF CONTRACT

PROPOSAL DOCUMENT

FOR

SELECTION OF GENERAL CONSULTANT

FOR

MP METRO RAIL PROJECTS

Section 7(Part-I) - Form of Contract

MADHYA PRADESH METRO RAIL CO LTD Page | 165

Form of Contract

[All notes should be deleted in final text]

This CONTRACT (hereinafter called the ―Contract‖) is made the [day] day of the month

of [month], [year], between, on the one hand, [name of Client] (hereinafter called the

―Client‖) and, on the other hand, [name of Consultant] (hereinafter called the

―Consultant‖).

[Note: If the Consultant consists of more than one entity all of which are liable under the

contract, the above should be partially amended to read as follows: …(hereinafter called

the ―Client‖) and, on the other hand, a Joint Venture/Consortium consisting of the

following entities, each of which will be jointly and severally liable to the Client for all the

Consultant‘s obligations under this Contract, namely, [name of member] and [name of

member] (hereinafter collectively called the ―Consultant‖).]

WHEREAS

a. the Client has requested the Consultant to provide certain consulting services as

defined in this Contract (hereinafter called the ―Services‖);

b. the Consultant, having represented to the Client that it has the required professional

skills, expertise and technical resources, has agreed to provide the Services on the

terms and conditions set forth in this Contract;

NOW THEREFORE the parties hereto hereby agree as follows:

1. The RFQ cum RFP including the following documents attached hereto shall be

deemed to form an integral part of this Contract:

a. Minutes of Contract Negotiation;

b. The Special Conditions of Contract (SCC);

c. The General Conditions of Contract (GCC);

d. The following Appendices:

Appendix A: Description of Services

Appendix B: Reporting Requirements

Appendix C: Expert Schedule

Appendix D: Remuneration Cost Estimates

Appendix E: Summary of Cost Estimates

Section 7(Part-I) - Form of Contract

MADHYA PRADESH METRO RAIL CO LTD Page | 166

Appendix F: Services, facilities and property to be provided by the Client

Appendix G: Form of Advance Payments Security

Appendix H: Acknowledgment of Compliance with Guidelines for the Employment of

Consultants under client/other funding agency

Appendix I: Form of performance security

In the event of any ambiguity or conflict between the documents listed above, the

order of precedence shall be the order in which the documents are listed in this Clause

2. The mutual rights and obligations of the Client and the Consultant shall be as set forth

in the Contract, in particular:

a. the Consultant shall carry out the Services in accordance with the provisions of the

Contract;

b. the Client shall make payments to the Consultant in accordance with the provisions

of the Contract;

c. Subject to subparagraph (d) hereunder, and notwithstanding any other provisions

of this Contract, payments under this Contract shall not exceed [amount] in local

currency (INR). Except as otherwise agreed between the Client and the Consultant:

d. The maximum amount specified in subparagraph (c) here above has been fixed on

the understanding that the Client will make available free of charge to the

Consultant the exemptions, assistance, services and facilities provided for under

Clause 5.3 of the General Conditions of Contract . If any such exemptions,

assistance, services and facilities are not supplied, the parties shall consult

regarding what additional allowance (if any) should be made to the Consultant as a

result thereof to cover necessary additional expenses not envisaged in the cost

estimates in Appendices D.

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed

in their respective names as of the day and year first above written.

For and on behalf of [name of Client]

[Authorized Representative of the Client – name, title and signature]

[Authorized Representative of the Consultant – name and signature]

Section 7(Part-I) - Form of Contract

MADHYA PRADESH METRO RAIL CO LTD Page | 167

[For a joint venture/consortium, either all members shall sign or only the member in charge,

in which case the power of attorney to sign on behalf of all members shall be attached.]

For and on behalf of each of the members of the Consultant [insert the name of the Joint

Venture/Consortium]

[Name of the member in charge]

[Authorized Representative on behalf of a Joint Venture/Consortium] [Add signature blocks

for each member if all are signing]

MADHYA PRADESH METRO RAIL CO LTD Page | 168

SECTION 7 (Part-II): CONTRACT CONDITIONS - GCC

PROPOSAL DOCUMENT

FOR

SELECTION OF GENERAL CONSULTANT

FOR

METRO RAIL PROJECTS AT BHOPAL AND INDORE

RFP No- 01/GC/MPMRCL/2016 Section-7 (Part II) - GCC

MADHYA PRADESH METRO RAIL Co LTD Page | 169

1. General Provisions

1.1. Definitions

1.1.1 "Affiliate(s)" means an individual or an entity that directly or in directly

controls, is controlled by, or is under common control with the Consultant

1.1.2 "Applicable Guidelines" means the Guidelines for the Employment of

Consultants as per provisions of RFQ cum RFP, published on the date

unless specified in the Special Conditions of Contract (SCC).

1.1.3 "Applicable" Law means the laws and any other instruments having the

force of law in India and Madhya Pradesh, as they may be issued and/or in

force from time to time.

1.1.4 "Applicant/Bidder" means the sole applicant or JV/consortium who has

submitted the bid towards selection of GC

1.1.5 "Borrower" means the Government of India, Government agency or other

entity that signs the Loan Agreement with funding agency.

1.1.6 "Central Government" means the government of India and ―State

Government‖ means government of Madhya Pradesh.

1.1.7 "Claiming Member" means member of JV/Consortium claiming

experience of similar consultancy work/relevant eligible assignment.

1.1.8 "Client" means the executing agency that signs the Contract for the

Services with the selected Consultant. For this proposal MPMRCL.

1.1.9 "Consortium" means a group of separate businesses or business people

joining together and cooperating to complete a project, work together to

perform a contract or conduct an on-going business where the members of

the consortium are jointly and severally liable to the Client for the

performance of the Contract.

1.1.10 "Consultant" means any entity or individual including a Joint

Venture/consortium that has submitted the proposal.

1.1.11 "Contract" means a legally binding written agreement signed between the

Client and the Consultant and includes all the attached documents listed in

paragraph-1 of the Form of Contract.

1.1.12 "Country of the Foreign partner" means country where the registered

office of the foreign partner is situated.

1.1.13 "Data Sheet" means an integral part of the Instruction to Consultants (ITC)

Section -2 that is used to reflect specific assignment conditions to

supplement, but not over ride, the provision of the ITC.

1.1.14 "Day" means calendar day unless indicated otherwise.

1.1.15 "Effective Date" means the date on which this Contract comes into force

and effect pursuant to Clause GCC 2.1.

1.1.16 "Experts" means, collectively, Key Experts, Non-Key Experts, or any other

professional personnel of the Consultant or Joint Venture/consortium

member(s).

1.1.17 "Firm" means any entity registered under their respective act.

1.1.18 "Foreign Currency" means any currency other then INR.

1.1.19 "Foreign Partner" means partner or member of the JV/Consortium whose

registered office is outside India.

RFP No- 01/GC/MPMRCL/2016 Section-7 (Part II) - GCC

MADHYA PRADESH METRO RAIL Co LTD Page | 170

1.1.20 "GCC" mean these General Conditions of Contract.

1.1.21 "General consultant" means the consultant selected for providing services.

1.1.22 "ITC" (Section-2 of the RFP) means the Instructions to Consultants that

provide all information needed to prepare their Proposals.

1.1.23 "Joint Venture" means an association with or without a legal personality

distinct from that of its members, of more than one Consultant where one

member has the Client to conduct all businesses for and on behalf of any

and all members of the JV, and where the members of the JV are jointly and

severally liable to the Client for the performance of the Contract.

1.1.24 "Key Expert(s)" means an individual professional whose skills,

qualifications, knowledge and experience are critical to the performance of

the Services under the Contract.

1.1.25 "Local Currency" means Indian National Rupees (INR).

1.1.26 "LOI" (Section-1 of the RFP) means the Letter of Invitation being sent by

the Client to the Consultants.

1.1.27 "Member" means member of the JV/Consortium.

1.1.28 "Non-Key Expert(s)" means an individual professional provided by the

Consultant other than "key experts" and who is assigned to perform the

Services or any part thereof under the Contract.

1.1.29 "Party" means the client or successful consultant as the case may be.

1.1.30 "Proposal" means the proposal towards 'short listing of consultants',

'Technical Proposal' and the 'Financial Proposal' of the Consultant.

1.1.31 "QCBS" means Quality cum Cost-Based Selection as describe in Data

Sheet.

1.1.32 "Relevant eligible assignments" for Consultant means projects of General

Consultancy / General Engineering Consultancy/Project Management

Consultancy/'Independent Engineer for the project implementation

authority' for Metro/ LRT.

1.1.33 "Relevant eligible assignments" for Expert means projects of General

Consultancy / General Engineering Consultancy/Project Management

Consultancy for Metro/ LRT.

1.1.34 "Representative of the Client" means any individual or entity authorized

by client as its representative.

1.1.35 "Representative of the Consultant" means authorized representative of

the consultant.

1.1.36 "RFP" means this Request for Proposals for selection of the Consultant.

1.1.37 "RFQ" means this Request for Qualification for shortlisting of the

Consultant for evaluation of technical proposal.

1.1.38 "SCC" means the Special Conditions of Contract by which the GCC may

be amended or supplemented but not over- written.

1.1.39 "Services" means the work to be performed by the Consultant pursuant to

the Contract.

1.1.40 "TOR" means the Terms of Reference that describes the objectives, scope

of work, activities and tasks to be performed, obligation and responsibilities

etc. of the Consultant and deliverables of the assignment.

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1.2. Relationship between the Parties

Nothing contained herein shall be construed as establishing a relationship of master and

servant or of principal and agent as between the Client and the Consultant. The Consultant,

subject to this Contract, has complete charge of Experts, if any, performing the Services

and shall be fully responsible for the Services performed by them or on their behalf

hereunder.

1.3. Law Governing Contract

This Contract, its meaning and interpretation and the relation between the Parties shall

be governed by the Applicable Laws of India and Madhya Pradesh.

1.4. Language

This Contract shall be executed in the language specified in the SCC, which shall be the

binding and controlling language for all matters relating to the meaning or interpretation of

this Contract.

1.5. Headings

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

1.6. Communications

1.6.1. Any communication required or permitted to be given or made pursuant to this Contract

shall be in writing in the language specified in Clause GCC 1.4. Any such

communication shall be deemed to have been given or made when delivered in person to

an authorized representative of the Party to whom the communication is addressed, or

when sent to such Party at the address specified in the SCC.

1.6.2. A Party may change its address for notice here under by giving the other Party any

communication of such change to the address specified in the SCC.

1.7. Location

The Services shall be performed at Bhopal and Indore or at such locations as specified by

the Client.

1.8. Client of Lead Member

In case the Consultant is a Joint Venture/Consortium, the members hereby authorize the

member specified in the SCC to act on their behalf in exercising all the Consultant‘s rights

and obligations towards the Client under this Contract, including without limitation the

receiving of instructions and payments from the Client.

1.9. Authorized Representative

Any action required or permitted to be taken, and any document required or permitted to be

executed under this Contract by the Client or the Consultant may be taken or executed by

the officials specified in the SCC.

1.10. Corrupt and Fraudulent Practices

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The Consultant is required to comply with Client / funding agency policy in regard to

corrupt and fraudulent practices as declared in Appendix-H.

1.11. Monitoring by funding agency

Without assuming the responsibilities of the Client, funding agency may monitor the Services

as necessary in order to satisfy itself that it is being carried out in accordance with appropriate

standards and is based on acceptable data. As appropriate, funding agency may take part in

discussions between the Client and the Consultant. However, funding agency shall not be

liable in any way for the performance of the Services by reason of such monitoring or

participation in discussions. Neither the Client nor the Consultant shall be released from any

responsibility of this Contract by reason of funding agency monitoring or participation in

discussion.

1.12. Difference of Opinion

In the case of a difference of opinion between the Client and the Consultant on any

important matters involving professional judgment that might affect the proper evaluation or

execution of the Project, the Client shall allow the Consultant to submit promptly to the

Client a written report and, simultaneously, to submit a copy to funding agency as

applicable. The Client shall forward the report to funding agency with its comments in time

to allow funding agency to study it and communicate with the Client before any irreversible

steps are taken in the matter. In cases of urgency, the Consultant has the right to request the

Client that the matter be discussed immediately between the Clients and funding agency.

2. Commencement, Completion, Modification And Termination Of Contract

2.1. Effectiveness of Contract

Unless otherwise specified in the SCC, this Contract shall come into force and effect on the

date (the ―Effective Date‖) when:

(a) This Contract has been signed by the Parties; and

(b) This Contract has been reviewed and concurred by Client/funding agency.

Upon fulfillment of the conditions indicated above, the Client shall issue a written notice to

the Consultant which confirms the Effective Date and instructs the Consultant to deliver an

advance payment security and an invoice for advance payment to the Client.

The Consultant shall submit the required advance payment security and the invoice for the

advance payment, pursuant to Clause GCC 6.5(a), with in fourteen (14) days or within such

other period specified in the SCC following the receipt of the notice specified in this Clause

GCC 2.1.

2.2. Termination of Contract for Failure to become Effective

Unless otherwise specified in the SCC, if this Contract has not become effective within four

(4) months after the date of the Contract signed by the Parties, the Consultant or the Client

may, by not less than twenty one (21) days written notice to the other Party, declare this

Contract to be null and void, and in the event of such a declaration by either Party, neither

Party shall have any claim against the other Party with respect hereto.

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2.3. Commencement of Services

2.3.1. The Consultant shall begin carrying out the Services not later than fourteen (14) days

from the effective date.

2.3.2. Availability of key Experts

The Consultant shall be required to ensure substantial mobilization of Key Experts and staffs

as required within 45 days from the effective date.

2.4. Expiration of Contract

Subject to Clause GCC 2.7 and unless terminated earlier pursuant to Clause GCC 2.9, this

Contract shall expire at the end of such time period, as specified in the SCC, after the

commencement of the Services specified in Clause GCC 2.3.

2.5. Entire Agreement

This Contract contains all covenants, stipulations and provisions agreed by the Parties. No

agent or representative of either Party has Client to make, and the Parties shall not be bound

by or be liable for, any statement, representation, promise or agreement not set forth herein.

2.6. Modifications

(a) Modifications or Variations

Modification of the terms and conditions of this Contract, including any modification of the

scope of the Services, may only be made by written agreement between the Parties and may

require the consent of funding agency, if applicable. However, any change which does not

constitute an important modification of the contract and which does not affect the contract

price approved by funding agency, if applicable, shall not require a new consent of Bank for

effectuation. Pursuant to Clause 7.2 hereof, however, each Party shall give due consideration

to any proposal for modification made by the other Party.

2.7. Force Majeure

2.7.1. Definition

(a) For the purposes of this Contract ,―Force Majeure‖ means an event which is beyond the

reasonable control of a Party, is not foreseeable, is unavoidable, and which makes a Party‘s

performance of its obligations here under impossible or so impractical as reasonably to be

considered impossible in the circumstances, and subject to those requirements ,includes,

but is not limited to, war, riots, terrorism ,civil disorder, earthquake, fire, explosion, storm,

flood or other adverse weather conditions ,strikes, lockouts or other industrial action,

confiscation or any other action by Government agencies.

(b) Force Majeure shall not include (i) any event which is caused by the negligence or

intentional action of a Party or such Party‘s Experts, Sub-consultants or agents or

employees, nor (ii) any event which a diligent Party could reasonably have been expected

both to take into account at the time of the conclusion of this Contract, and avoid or

overcome in the carrying out of its obligations hereunder.

(c) Force Majeure shall not include insufficiency of funds or failure to make any payment

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required hereunder.

2.7.2. No Breach of Contract

The failure of a Party to fulfill any of its obligations here under shall not be considered to be

a breach of, or default under, this Contract in so far as such in ability arises from an event of

Force Majeure, provided that the Party affected by such an event has taken all reasonable

precautions, due care and reasonable alternative measures, all with the objective of carrying

out the terms and conditions of this Contract.

2.7.3. Measures to be Taken

(a) A Party affected by an event of Force Majeure shall continue to perform its obligations

under the Contract as far as is reasonably practical, and shall take all reasonable measures

to minimize the consequences of any event of Force Majeure.

(b) A Party affected by an event of Force Majeure shall notify the other Party of such event as

soon as possible, and in any case not later than fourteen (14) days following the occurrence

of such event, providing evidence of the nature and cause of such event, and shall similarly

give written notice of the restoration of normal conditions as soon as possible.

(c) Any period within which a Party shall, pursuant to this Contract, complete any action or

task, shall be extended for a period equal to the time during which such Party was unable to

perform such action as a result of Force Majeure.

(d) During the period of their inability to perform the Services as a result of an event of Force

Majeure, the Consultant, upon instructions by the Client, shall either:

(i) Demobilize, in which case the Consultant shall be reimbursed for additional costs they

reasonably and necessarily incurred, and, if required by the Client, in reactivating the

Services; or

(ii) Continue the Services to the extent reasonably possible, in which case the Consultant

shall continue to be paid under the terms of this Contract and be reimbursed for

additional costs reasonably and necessarily incurred.

(e) In the case of disagreement between the Parties as to the existence or extent of Force

Majeure, the matter shall be settled according to Clause GCC 8.

2.8. Suspension

The Client may, by written notice of suspension to the Consultant, suspend all payments to the

Consultants hereunder if the Consultants fail to perform any of their obligations under this

Contract, including the carrying out of the Services, provided that such notice of suspension (i)

shall specify the nature of the failure, and (ii) shall request the Consultants to remedy such

failure within a period not exceeding thirty (30) days after receipt by the Consultants of such

notice of suspension. Such suspension may be revoked on proof of remedial action by the

consultant to the satisfaction of the Client.

2.9. Termination

This Contract may be terminated by either Party as per provisions set up below:

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2.9.1. By the Client

The Client may terminate this Contract in case of the occurrence of any of the events

specified in paragraphs (a) through (l) of this Clause GCC 2.9.1.

(a) In such an occurrence the Client shall give at least twenty-eight (28) days written notice

of termination to the Consultant in case of the events referred to in (a) through (e); and at

least fifty-six (56)days written notice in case of the event referred to in (f):

(b) If Consultant fails to remedy a failure in performance of its obligations here under, as

specified in a notice of suspension pursuant to Clause GCC 2.8;

(c) If the Consultant becomes (or, if the Consultant consists of more than one entity, if any of its

members becomes) insolvent or bankrupt or enter into any agreements with their creditors

for relief of debt or take advantage of any law for the benefit of debtors or go into

liquidation or receivership whether compulsory or voluntary;

(d) If the Consultant fails to comply with any final decision reached as a result of arbitration

proceedings pursuant to Clause GCC 8;

(e) If, as the result of Force Majeure, the Consultant is unable to perform a material portion

of the Services for a period of not less than fifty six (56) days;

(f) If the Consultant fails to confirm availability of Key Experts as required in Clause GCC

2.3.2;

(g) If the Client, in its sole discretion and for any reason whatsoever, decides to terminate this

Contract.

(h) If the Client determines that the Consultant has engaged in corrupt, fraudulent, collusive,

coercive or obstructive practices, in competing for or in executing the Contract, then the

Client may, after giving fourteen (14) days written notice to the Consultant, terminate this

Contract.

(i) If the Consultant, submit to the client a statement which has a material effect on the

rights, obligations or interests of the client and which the Consultant know to be false

(j) If, the Consultant unilaterally abandons work on the contract or does not perform any

work or does not render any services for a period of 30 days

(k) If the Consultant suppresses or gives wrong information while submitting the bid,

(l) In case of failure to commence the services within the time specified in Clause 2.3

hereof.

2.9.2. By the Consultant

The Consultant may terminate this Contract, by not less than twenty-eight (28) days

written notice to the Client, in case of the occurrence of any of the events specified in

paragraphs (a) & (b) of this Clause GCC 2.9.2.

(a) If, as the result of Force Majeure, the Consultant is unable to perform a material portion

of the Services for a period of not less than fifty six (56) days.

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(b) If the Client fails to comply with any final decision reached as a result of arbitration

pursuant to Clause GCC 8.

2.9.3. Cessation of Rights and Obligations

Upon termination of this Contract pursuant to Clauses GCC 2.2 or GCC 2.9, or upon

expiration of this Contract pursuant to Clause GCC 2.4, all rights and obligations of the

Parties hereunder shall cease, except (i) such rights and obligations as may have accrued

on the date of termination or expiration, (ii) the obligation of confidentiality set forth in

Clause GCC 3.3, (iii) the Consultant‘s obligation to permit inspection, copying and

auditing of their accounts and records set forth in Clause GCC 3.6, and (iv) any right

which a Party may have under the Applicable Law.

2.9.4. Cessation of Services

Upon termination of this Contract by notice of either Party to the other pursuant to

Clauses GCC 2.9.1 or GCC 2.9.2, the Consultant shall, immediately upon dispatch or

receipt of such notice, take all necessary steps to bring the Services to a close in a prompt

and orderly manner and shall make every reasonable effort to keep expenses for this

purpose to a minimum. With respect to equipment, vehicles and materials provided by

the Client, the Consultant shall proceed as provided by Clause GCC 3.10.

2.9.5. Payment upon Termination

Upon termination of this Contract pursuant to Clauses GCC 2.9.1 or GCC 2.9.2, the

Client shall make Remuneration pursuant to Clause GCC 6.2 for Services satisfactorily

performed prior to the effective date of termination.

2.9.6. Dispute Settlement

Under event of Termination, if either Party disputes whether an event specified in

paragraphs (a) through (e) of Clause GCC 2.9.1or in Clause GCC 2.9.2 has occurred, such

Party may, within forty-two (42) days after receipt of notice of termination from the

other Party, refer the matter for dispute settlement in accordance with the procedures

stated in Clause GCC 8, and this Contract shall not be terminated on account of such

event unless otherwise settled in accordance with GCC 8.

2.9.7. Forfeiture of the performance security:

Forfeiture of Performance security amount in the event of termination shall be done as

specified in SCC.

3. Obligations of the Consultant

3.1. General

3.1.1. Standard of Performance

(a) The Consultant shall perform the Services and carry out the Services with all due

diligence, efficiency and economy, in accordance with generally accepted professional

standards and practices, and shall observe sound management practices, and employ

appropriate technology and safe and effective equipment, machinery, materials and

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methods. The Consultant shall always act, in respect of any matter relating to this

Contract or to the Services, as faithful adviser to the Client, and shall at all times support

and safeguard the Client‘s legitimate interests in any dealings with the third parties.

(b) The Consultant shall employ and provide such qualified and experienced Experts as

required to carry out the Services.

(c) The Consultant may sub contract part of the Services to an extent and with such Key

Experts as may be approved in advance by the Client. Notwithstanding such approval,

the Consultant shall retain full responsibility for the Services.

(d) Key experts, Non key experts and support group mentioned in the RFP are indicative in

nature. If during project implementation, client or consultant finds appropriate to engage

other experts or staff, it could be engaged in consultation with the consultant and

approval of the client. The rate of remuneration payable to such new additional

Key/Non-Key Experts/ Support staff shall be based on the rates for other position which

require similar qualifications and experience with mutual consent.

3.1.2. Law Applicable to Services

The Consultant shall perform the Services in accordance with the Contract and the

Applicable Laws in India and Madhya Pradesh and shall take all practicable steps to

ensure that all of its Experts, comply with the Applicable Laws. As per requirement,

Client may inform the Consultant of relevant local customs, and the Consultant shall,

respect such customs.

3.2. Conflict of Interest

The Consultant shall hold the Client‘s interests paramount, without any consideration for

future work, and strictly avoid conflict with other assignments or their own corporate

interests.

3.2.1. Consultant Not to Benefit from Commissions, Discounts, etc.

(a) The payment to the Consultant pursuant to Clause GCC 6 shall constitute the

Consultant‘s only payment in connection with this Contract and, subject to Clause GCC

3.2.1, the Consultant shall not accept for its own benefit any trade commission, discount

or similar payment in connection with activities pursuant to this Contract or in the

discharge of its obligations here under, and the Consultant shall use its best efforts to

ensure that any Experts and agents of either of them, similarly shall not receive any such

additional payment.

(b) Furthermore, if the Consultant, as part of the Services, has the responsibility of advising

the Client on the procurement of goods, works or services, the Consultant shall comply

with the Applicable Guidelines of client/ funding agency, as amended from time to time

and shall at all times exercise such responsibility in the best interest of the Client. Any

discounts or commissions obtained by the Consultant in the exercise of such procurement

responsibility shall be for the account of the Client.

3.2.2. Consultant and Affiliates Not to Engage in Certain Activities

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The Consultant agrees that, during the term of this Contract and after its termination, the

Consultant and any entity affiliated with the Consultant and any entity affiliated with

consultant, shall be disqualified from providing goods, works or services or non-

consulting services resulting from or directly related to the Services for the preparation or

implementation of the Project, unless otherwise indicated in the SCC. In the case of the

consultant or any entity affiliated with the consultant, is already part of providing any

services for the project for the client, the consultant shall ensure that the proof checking

for these works shall be carried out by the independent third party as decided by the

client and the costs for the same will be borne by the consultant.

3.2.3. Prohibition of Conflicting Activities

The Consultant shall not engage, and shall cause its Experts not to engage, either directly

or indirectly, in any business or professional activities that would conflict with the

activities assigned to them under this Contract; after the termination of this contract such

other activities as may be specified in the SCC.

3.2.4. Strict Duty to Disclose Conflicting Activities

The Consultant has an obligation and shall ensure that its Experts shall have an obligation

to disclose any situation of actual or potential conflict that impacts their capacity to serve

the best interest of their Client, or that may reasonably be perceived as having this effect.

Failure to disclose said situations may lead to the termination of its Contract.

3.2.5. For a period of one year after the expiration of this Contract, the Consultants shall not

engage, and shall cause their Personnel and their Personnel not to engage, in the activity

of a purchaser (directly or indirectly) of the assets on which they advised the Clients

under this Contract nor in the activity of an adviser (directly or indirectly) of potential

purchasers of such assets. The Consultants also agree that their affiliates shall be

disqualified for the same period of time from engaging in the said activities

3.3. Confidentiality

Except with the prior written consent of the Client, the Consultant and the Experts shall

not at any time communicate to any person orentity any confidential information acquired

in the course of the Services, nor shall the Consultant and the Experts make public the

recommendations formulated in the course of, or as a result of, the Services.

3.4. Liability of the Consultant

(a) The Consultant shall be responsible for, and shall indemnify the Client, in respect of loss

of or damage to equipment and materials furnished by the Client, or purchased by the

Consultant in whole or in part with funds provided by the Client.

(b) The Consultant undertakes full responsibility in respect of life, health, and accidents for

the Experts and for the dependents of any such Expert.

(c) The Consultant shall indemnify the Client from and against any and all claims, liabilities,

obligations, losses, damages, penalties, actions, judgment, suits, proceedings, demands,

costs, expenses and disbursements of any nature that may be imposed on, incurred by

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or asserted against the Client during or in connection in the Services by reason of:

(i) Infringement or alleged infringement by the Consultant of any patent or other

protected right; or

(ii) Plagiarism or alleged plagiarism by the Consultant.

(d) The Consultant shall ensure that all goods and services (including without limitation

all computer hardware, software and systems) procured by the Consultant out of funds

provided or reimbursed by the Client or used by the Consultant in the carrying out of the

Services do not violate or in fringe any industrial property or intellectual property right or

claim of any Third Party.

(e) The Consultant shall indemnify, protect and defend at their own expense the Client, and

its agents and employees from and against any and all actions, claims, losses or damages

arising out of Consultant‘s failure to exercise the skill and care required under Clause

GCC 3.1.1 provided, however:

(i) that the Consultant is notified of such actions, claims, losses or damages not later than

twelve (12) months after conclusion of the Services, unless a different period of time is

otherwise specified in the SCC;

(ii) that the ceiling on Consultant‘s liability shall be limited to the amount indicated in the

SCC, except that such ceiling shall not apply to actions, claims, losses or damages caused

by Consultant‘s gross negligence or reckless conduct;

(iii) that Consultant‘s liability under Clause GCC 3.1.1 shall be limited to actions, claims,

losses or damages directly caused by such failure to exercise the said skill and care, and

shall not include liability for any actions, claims, losses or damages arising out of

occurrences incidental or indirectly consequential to such failure.

(f) Upon request of the Client, the Consultant shall, at its own cost and expense, re-perform

the Services in the event of Consultant‘s failure to exercise the skill and care required

under Clause GCC 3.1.1.

(g) In the event of any defect coming to the notice of client during the liability period and in

the eventuality of the consultant failing to get it rectified, the client will forfeit the

amount of performance security as specified in SCC.

3.5. Insurance to be Taken Out by the Consultant

The Consultant(i) shall take out and maintain, and shall cause any consultants to take out

and maintain, at its own cost but on terms and conditions approved by the Client,

insurance against the risks, and for the coverage specified in the SCC, and (ii) at the

Client‘s request, shall provide evidence to the Client showing that such insurance has

been taken out and maintained and that the current premiums therefore have been paid.

The Consultant shall ensure that such insuranceis in place prior to commencing the

Services as stated in GCC 2.3.

3.6. Accounting, Inspection and Auditing

The Consultant(i) shall keep accurate and systematic accounts and records in respect of

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the Services here under, in accordance with internationally accepted accounting

principles and in such form and detail as will clearly identify all relevant time changes

and costs, and the bases there of, and(ii) shall periodically permit the Client or its

designated representative, and up to five years from the expiration or termination of this

Contract, to inspect the same and make copies thereof as well as to have them audited by

auditors appointed by the Client, if so required by the Client as the case may be.

3.7. Consultant's Actions requiring Clients’ prior Approval

The Consultant shall obtain the Client‘s prior approval in writing before appointing such

members of the Personnel as are listed in Appendix C ("Consultants' Key Personnel");

3.8. Reporting

3.8.1 Reporting Obligations

The Consultant shall submit to the Client the reports and documents specified in Appendix

B, in the form, in the numbers and within the time periods set forth in the said Appendix.

3.8.2 Serious Hindrances

The Consultant shall report to the Client promptly the occurrence of any event or

condition which might delay or prevent completion of any significant part of the Project

in accordance with the schedules and to indicate what steps shall be taken to meet the

situation. When the Client receives such a report from the Consultant, the Client shall

immediately forward a copy of it to funding agency if any, together with its comments.

3.9. Documents prepared by the Consultant to be the Property of the Client

All plans, drawings, specifications, designs, reports and other documents prepared by the

Consultants in performing the Services shall become and remain the property of the

Client, and the Consultants shall, not later than upon determination or expiration of this

Contract, deliver all such documents to the Client, together with a detailed inventory

thereof. The Consultants may retain a copy of such documents. The future use of these

documents by the Client shall be specified in the SCC.

3.10. Equipment, Vehicles and Materials Furnished by the Client

Equipment, vehicles & materials if made available to Consultant by the Client, or

purchased by the Consultant wholly or partly with funds provided by the Client, shall be

the property of the Client and shall be marked accordingly. Upon termination or

expiration of this Contract, the Consultant shall make available to the Client an inventory

of such equipment, vehicles and materials and shall dispose of such equipment, vehicles

and materials in accordance with the Client‘s instructions.

3.11. Equipment and Materials Provided by the Consultant

Any equipment or materials brought by the Consultant or its Experts, which is not charged

to the client, and used either for the Project or personal use shall remain the property of the

Consultant or the Experts concerned, as applicable.

4. Consultants’ Experts

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4.1. Description of Experts

(a) The title, agreed job description, minimum qualification and time-input estimates to carry

out the Services of each of Consultant‘s Experts are described in Appendix C.

(b) With the prior approval of the Client, the Consultant may make adjustment in the periods

of time indicated in Appendix C, as may be appropriate to ensure the efficient

performance of the Services and provided that such adjustments will not cause payments

made under the Contract to exceed the maximum amount payable as specified in Clause

GCC 6.

4.2. Replacement of Key Experts

Except as the Client may otherwise agree in writing, no changes shall be made in the

Key Experts. Notwithstanding the above, the substitution of Key Experts during Contract

execution may be considered only based on the Consultant‘s written request and due to

circumstances outside the reasonable control of the Consultant, including but not limited

to death or medical incapacity. In such case, the Consultant shall forthwith provide as a

replacement, a person of equivalent or better qualifications and experience, and at the

same rate of remuneration subjected to clause 9 of SCC.

4.3. Approval of Additional Key Expert

If during execution of the Contract, additional Key Experts are required to carry out the

Services, the Consultant shall submit to the Client for review and approval a copy of

their Curricula Vitae (CVs). If the Client approves in writing, such CVs, such additional

Key Experts will be engaged by the consultant. The rate of remuneration payable to such

new additional Key Experts shall be based on the rates for other Key Experts position

which require similar qualifications and experience with mutual consent.

4.4. Removal of Experts

If the Client finds that any of the Experts has committed serious misconduct or has been

charged with having committed a criminal action, or shall the Client determine that

Consultant‘s Experts have engaged in corrupt, fraudulent, collusive, coercive or

obstructive practice while performing the Services, the Consultant shall, at the Client‘s

written request, provide a replacement.

4.5. In the event that any of Experts is found by the Client to be incompetent or in capable in

discharging assigned duties, as per the direction of the client the consultant will provide

equal or better replacement.

4.6. Replacement/ Removal of Experts – Impact on Payments

(i) The Consultant shall bear all additional travel and other costs arising out of or

incidental to any removal and/or replacement, and

(ii) The remuneration to be paid for any of the Experts provided as a replacement shall

not exceed the remuneration which would have been payable to the Experts replaced or

removed.

(iii) Penalty for replacement of Key personnel shall be as specified in the SCC.

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4.7. Stationing of project director: - The general consultant shall ensure that at all time

during the consultant‘s performance of the services in India, the project director shall be

stationed and available at project site.

4.8. Working Hours, Overtime, Leave, etc.

(a) Working hours and holidays for Experts are set forth in Appendix C. To account for

travel time to/from India, Experts carrying out Services inside India, shall be deemed to

have commenced or finished work in respect of the Services such number of days before

their arrival in, or after their departure from India.

(b) The Experts shall not been titled to be paid for over time nor to take paid sick leave or

vacation leave except as specified in Appendix C, and the Consultant‘s remuneration

shall be deemed to cover these items.

(c) Taking of leaves by Key Experts shall be subject to the prior approval by the Client on

recommendation of the consultant and consultant shall ensure that absence for leave

purposes will not delay the progress and/or impact adequate supervision of the Services.

5. Obligations of the Client

5.1. Assistance and Exemptions

Unless otherwise specified in the SCC, the Client shall use its best efforts to:

(a) Assist the Consultant with obtaining work permits and such other documents as shall be

necessary to enable the Consultant to perform the Services.

(b) Assist the Consultant with promptly obtaining, for the foreign Experts and, if

appropriate, their eligible dependents, all necessary entry and exit visas, residence

permits, exchange permits and any other documents required for their stay in India while

carrying out the Services under the Contract.

(c) Facilitate prompt clearance through customs of any property required for the Services

and of the personal effects of the Experts and their eligible dependents.

(d) Issue to officials, agents and representatives of the Government all such instructions and

information as may be necessary or appropriate for the prompt and effective

implementation of the Services.

(e) Assist the Consultant and the Experts employed by the Consultant for the Services with

obtaining exemption from any requirement to register or obtain any permit to practice

their profession or to establish themselves either individually or as a corporate entity in

India according to the applicable law of India and Madhya Pradesh.

(f) Assist the Consultant and the Experts or either of them with obtaining the privilege,

pursuant to the applicable law of India and Madhya Pradesh, of bringing into India,

reasonable amounts of foreign currency for the purposes of the Services or for the

personal use of the Experts and of withdrawing any such amounts as may be earned

therein by the Experts in the execution of the Services.

(g) Provide to the Consultant any such other assistance as maybe specified in the SCC.

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5.2. Access to Project Site

The Client warrants that the Consultant shall have, free of charge, unimpeded access to

the Project site in respect of which access is required for the performance of the Services.

5.3. Change in the Applicable Law Related to Taxes and Duties

If, after the date of this Contract, there is any change in the Applicable Law in India and

Madhya Pradesh with respect to indirect taxes and duties which increases or decreases

the cost incurred by the Consultant in performing the Services, then the remuneration

otherwise payable to the Consultant under this Contract shall be increased or decreased

accordingly by agreement between the consultant and the client hereto, and

corresponding adjustments shall be made to the ceiling amounts specified in Clause GCC

6.1.

5.4. Services, Facilities and Property of the Client

(a) The Client shall make available to the Consultant and the Experts an office space, data or

other facilities as specified in the SCC, for the purposes of the Services and free of any

charge, the services, facilities and property described in Appendix F at the times and in

the manner specified in said Appendix F.

(b) In case that such services, facilities and property is not made available to the Consultant

as in Appendix F, the client will agree on(i) any time extension that it may be appropriate

to grant to the Consultant for the performance of the Services, (ii)the manner in which the

Consultant shall procure any such services, facilities and property from other sources.

6. Payment Obligation

Inconsideration of the Services performed by the Consultant under this Contract, the

Client shall make such payments to the Consultant and in such manner as provided

below;

6.1. Cost Estimates; Ceiling Amount

An estimate of the cost of the Services is set forth in Appendix D (Remuneration)

(a) Payments under this Contract shall not exceed the ceilings in local currency specified in

the SCC.

(b) For any payments in excess of the ceilings specified in GCC 6.2(a), an amendment to the

Contract shall be signed by the client and the consultant referring to the provision of this

Contract that evokes such amendment.

6.2. Remuneration

(a) The Client shall pay to the Consultant, remuneration that shall be determined on the basis

of time actually spent by each Expert in the performance of the Services after the date of

commencing the Services or such other date as both shall agree in writing. All payments

shall be at the rates set forth in Appendix D.

(b) The remuneration rates shall be adjusted in accordance with the adjustment formula

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specified in the SCC for the duration of the Contract.

(c) The remuneration rates shall cover such salaries and allowances as the Client shall have

agreed to pay to the Consultant.

(d) Experts as well as factors for social charges and overheads (bonuses or other means of

profit-sharing shall not be allowed as an element of overheads) and the cost of

backstopping by Back office staff not included in the Experts‘ list in Appendix C, the

Consultant‘s fee.

(e) Any rates specified for Experts not yet appointed shall be provisional and shall be subject

to revision, with the written approval of the Client, once the applicable remuneration

rates and allowances are known.

6.3. Taxes and Duties

(a) The Consultant and Experts are responsible for meeting any and all tax liabilities arising

out of the Contract except as otherwise provided in the SCC.

(b) If so specified in the SCC, all local identifiable indirect taxes applicable to the

Consultant are to be paid by the Client to the Consultant.

6.4. Currency of Payment

Any payment under this Contract shall be made in Indian National Rupees as specified in

the SCC.

6.5. Mode of Billing and Payment

Billings and payments in respect of the Services shall be made as follows:

(a) Within twenty eight (28) days after the receipt to the advance payment security and the

invoice for advance payment, the Client will pay to the Consultant an advance payment,

as an interest-free loan for mobilization and cash flow support, as specified in the SCC.

The advance payment security shall be in the amount (or amounts) and in Indian National

Rupees of the advance payment specified in the SCC. Such security (i) is to remain

effective until the advance payment has been fully setoff, and (ii) is to be in the form set

forth in Appendix G, or in such other form as the Client shall have approved in writing.

The advance payments will be set off by the Client in equal installments against the

statements for the number of months of the Contract period unless specified in the SCC.

(b) As soon as practicable and not later than fourteen (14) days after the end of each calendar

month during the period of the Services, or after the end of each time intervals otherwise

indicated in the SCC, the Consultant shall submit to the Client, induplicate, itemized

invoices, accompanied by the receipts or other appropriate supporting documents, of the

amounts payable pursuant to Clauses GCC 6.5 for such interval, or any other period

indicated in the SCC. Separate invoices shall be submitted for expenses incurred in local

currency. Each invoice shall show remuneration separately.

(c) The Client will pay the Consultant‘s invoices within Forty Five (45) days after the receipt

by the Client of such itemized invoices with supporting documents. Only such portion of

an invoice that is not satisfactorily supported may be withheld from payment. Should any

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discrepancy be found to exist between actual payment and costs authorized to be incurred

by the Consultant, the Client may add or subtract the difference from any subsequent

payments.

(d) The final payment under this Clause 6.5 (d) shall be made only after the final, completion

report and a final invoice, identified as such, shall have been submitted by the Consultant

and approved as satisfactory by the Client. The Services shall be deemed completed and

finally accepted by the Client and the final report and final invoice shall be deemed

approved by the Client as satisfactory Ninety (90) days after receipt of the final report and

final invoice by the Client unless the Client, within such Ninety (90)day period, gives

written notice to the Consultant specifying in detail deficiencies in the Services, the final

report or final invoice. The Consultant shall there upon promptly make any necessary

corrections, and thereafter the foregoing process shall be repeated. Any amount that the

Client has paid or caused to be paid in accordance with this Clause GCC 6 in excess of the

amounts actually payable in accordance with the provisions of this Contract shall be

reimbursed by the Consultant to the Client within Thirty (30) days after receipt by the

Consultant of notice thereof. Any such claim by the Client for reimbursement must be

made within fourteen (14) calendar months after receipt by the Client of a final report and

a final invoice approved by the Client in accordance with the above.

(e) All payments under this Contract shall be made to the account of the Consultant specified

in the SCC.

(f) Payments in respect of remuneration, which exceed the cost estimates for these items as

set forth in Appendices D.

(g) With the exception of the final payment under (d) above, payments do not constitute

acceptance of the Services nor relieve the Consultant of any obligations hereunder.

(h) ―Consolidated Billing/Invoice will be submitted monthly to the client along with sub

invoices as per work executed during whole month with the deliverables/outputs and

after verification of the same by the client, payments will be made to consultant.‖

6.6. Project Cost Variation Clause:-

―Up to +/-15% variation in the project cost will be permissible during the project execution

as per requirement of the project. Activities related to fulfilment of project requirement

shall be complied by the consultant as per the directions of the client.

The variation as per above shall be applicable to the extended duration of consultancy

services where such extension has been granted as per the Conditions of the RFP‖

7. Fairness and Good Faith

7.1. Good Faith

The Parties undertake to act in good faith with respect to each other‘s rights under this

Contract and to adopt all reasonable measures to ensure the realization of the objectives

of this Contract.

7.2. Fairness in Operation of the Contract

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The Contract shall operate fairly between Parties, and without detriment to the interest of

either of them, and that, if during the term of this Contract either Party believes that this

Contract is operating unfairly, the Parties will use their best efforts to agree on such

action as may be necessary to remove the cause or causes of such unfairness, but no

failure to agree on any action pursuant to this Clause shall give rise to a dispute subject

to arbitration in accordance with Clause 8 hereof.

8. Settlement of Disputes

8.1. Amicable Settlement

The Parties shall seek to resolve any dispute amicably by mutual consultation. If either

Party objects to any action or inaction of the other Party, the objecting Party may file a

written Notice of Dispute to the other Party providing in detail the basis of the dispute.

The Party receiving the Notice of Dispute will consider it and respond in writing within

fourteen (14) days after receipt. If that Party fails to respond within fourteen (14) days, or

the dispute cannot be amicably settled within Thirty (30) days following the response of

that Party, Clause GCC 8.2 shall apply.

8.2. Dispute Resolution

Any dispute between the Parties as to matters arising pursuant to this Contract that

cannot be settled amicably according to Clause GCC 8.1 shall be resolved as per

provision of arbitration and conciliation act 1996.

9. Penalty Clause:

9.1. In case any error or variation is detected in the reports submitted by the Consultant and

such error or variation is the result of negligence or lack of due diligence on the part of

the consultant, the consequential damages thereof shall be quantified by the client in a

reasonable manner and recovered from the Consultant by way of penalty.

9.2. In case of delay in submission of each deliverables beyond two weeks from the due date

of submission of deliverable, penalty not exceeding an amount to 0.01% (Zero point zero

one percent) of the agreement value will be imposed and for further delay of every week

or part of it additional penalty of 0.05% of the agreement value subjected to maximum

penalty of 1% on each deliverables further subjected to overall maximum penalty of 5%

of the agreement value shall be imposed and recovered by the appropriation from the

Performance Security or otherwise.‖

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SECTION 7 (PART-III): CONTRACT CONDITIONS- SCC

PROPOSAL DOCUMENT

FOR

SELECTION OF GENERAL CONSULTANT

FOR

METRO RAIL PROJECTS AT BHOPAL AND INDORE

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Part III.

Special Conditions of Contract

Sr.

No

No. of GCC

clause

Amendments of, and Supplements to, Clauses in the General

Conditions of Contract

1 1.4 The Contract shall be executed in : English

2 1.6 The addresses are:

Client:

Managing Director

Madhya Pradesh Metro Rail Co Ltd

Palika Bhawan, Shivaji Nagar, Bhopal – 462016

Tel.: 0755-2552730, Fax: 0755-2552730

Email: [email protected]

Website: www.mpmetrorail.com

Consultant:

Attention:

Facsimile:

E-mail:

3 1.8 The Lead Member is [insert name of member]

Note: If the Consultant consists of a Joint Venture/consortium the name of

the entity whose address is specified in Clause SCC 2 above should be

inserted here. If the Consultant consists only of sole entity, this Clause SCC

3 is not applicable.

4 1.9 The Authorized Representatives are:

For the Client:

For the Consultant:

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5 2.4 and 2.3.1 The time period shall be forty eight (48) months for implementation and 12

months for DLP. Target date of completion of majority of services provided

by the Consultant (GC) is Revenue Operation Date (ROD) of last section of

the Project, which is targeted to be within four years of commencement of

services of GC. However, it is expected to continue services of selected key

resources during for another one year of ROD of last section to attend to the

defect liability/obligations, ensure training, capacity development and

smooth operations of the system, as per requirement of the Client.

6 2.9.7 and

3.4(g)

(a) The performance security will be 5% of the Contract amount from an

Indian Scheduled Bank in form set forth in Appendix J (in the Indian

National Rupees) shall be paid by the consultant. Immediately, but in

any case not later than 14 (Fourteen) days from the date of issuance of

Letter of Acceptance.

(b) The performance security shall be valid for one year beyond the certified

date of commissioning of entire Project.

(c) The Client reserves the right to forfeit the performance security amount,

in breach of any liability of the Consultant, or in the event of termination

of the Contract in accordance with Clause 2.9 of GCC including all its

sub-clauses but excluding Clause 2.9.1(e).

(d) In the event of any defect coming to the notice of the Client/Consultant

during the liability period in terms of Clause 3.4 of GCC, and in the

eventuality of the Consultant failing to get it rectified, the Client will

forfeit the amount of the performance security, provided that the defect

that is the cause of the forfeiture of the performance bond/security bead

effect that is due to the actions or omissions of the Consultant in

accordance with the Consultant's scope of works and as finally and

conclusively decided by the Client.

7 3.5 The risks and the coverage shall be as follows:

(a) Other liability and Third Party motor vehicle liability insurance in

respect of motor vehicles operated in India by the Consultant or its

Experts or any Sub-consultants or their Experts, with a minimum

coverage of in accordance with the applicable law in India and

Madhya Pradesh.

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(b) employer‘s liability and workers compensation insurance in respect

of the Experts of the Consultant and of any Sub-consultants, in

accordance with the relevant provisions of the Applicable Law, as

well as ,with respect to such Experts, any such life, health, accident,

travel or other insurance as may be appropriate; and

(c) Insurance against loss of or damage to (i) equipment purchased in

whole or in part with funds provided under this Contract, and (ii)

the Consultant‘s property used in the performance of the Services.

(d) ―Project specific Professional Liability Insurance (PLI) policy

with a minimum coverage equal to remuneration estimated,

global cover with specific mention of coverage of value,

applicability and counterpart insurance for GC contract of

MPMRCL will be acceptable. Validity of PLI shall be up to 3

years beyond effective date of completion. In case GC

contract is extended, the insurance coverage shall also be

extended for a period of 3 years beyond actual date of

completion.‖

8 3.9 The Client is entitled to use the documents prepared by the Consultant under

this Contract for other projects, without prior written permission of the

Consultant.

9 4.6 Replacement of key experts (whose CV is to be evaluated at proposal stage)

will generally not be entertained. If the key/non-key personnel are replaced by

the consultant, for the reasons other than death, remuneration of key/Non key

personnel will be reduced by 5 % for each replacement. However in case of

replacement of key persons happens more than 10% or Non-key experts

happens more than 20% every year, there will be additional penalty of 20% of

replaced man months payable to GC. In any case replacement should not take

more than 15 (Fifteen) days otherwise additional penalty of 1% of replaced

man months will be imposed for each week.

It is further clarified that if for betterment of the project as per direction of

the Client, Person(s) is replaced with equal or better qualified and

experienced experts by the consultant then in that case replacement will not

be covered under the limit of 10% and 20% replacement respectively

mentioned above for Key experts and Non-key experts every year i.e. that

replacement will be over and above the above mentioned limits and no

penalty will be imposed on that replacement.

10 5.1(g) Presently there is no proposal to provide Counterpart Personnel by the

Client. However during the currency of the Contract the Client reserves the

rights to depute few Counterpart Personnel with due notice and mutual

consent.

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11 6.1 The ceiling in local currency is: INR

Any local indirect taxes chargeable in respect of this Contract for the

Services provided by the Consultant are included in the ceiling amount of

this Contract.

12 6.2 Adjustment of remuneration

The staff month rate (payable in Indian Rupees) shall be calculated annually

w.e.f. the date of signing of contract as per formula given below: The

adjustments will be made in 12 month intervals only.

X1 = XC1/C

X = Basic rates of remuneration, quoted in the offer.

X1 = Escalated rates of remuneration for the period under consideration.

C = All-India Average Consumer Price Index Numbers for Workers, for

the month and year of signing of the contract, published by Government

of India.

C1 = Arithmetic average of the All-India Average Consumer Price Index

Numbers for Workers, published by Government of India for the period

for which adjustment is to be worked out.

13 6.3 The Client warrants that:

The Client shall pay;

Indirect taxes applicable in India and Madhya Pradesh to the

Consultant and the Experts only. Service tax will be paid as

applicable.

14 6.4 The currencies of payment shall be in Indian National Rupees

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15 6.5(a) The amount of the advance payment is:

Not more than the amount equivalent to 5% of the Contract amount in

Indian National Rupees.

The advance payment security of 110% shall be submitted in the amount

and in the currency of the advance payment in the form of bank guarantee.

The advance payments shall be paid in two equal installments. Consultant

shall provide utilization certificate for the advance paid. Subsequent

installments shall be released after submission of satisfactory utilization

certificate for the earlier installment.

The advance payment will be set off by the Client in equal installments

against the invoices for the first 15 months of the Services commencing in

the 4th month until the advance payment has been fully set off.

16 6.5(e) Bank account of the consultant: ________________________

[Payments will be made in INR only]

17 6.5 Notwithstanding anything contrary contained in GCC, no financial charges

on delayed payment shall be made, however the Client will make all out

efforts to make payments to the Consultant terms of the Contract.

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SECTION 7 (PART-IV): APPENDICES

PROPOSAL DOCUMENT

FOR

SELECTION OF GENERAL CONSULTANT

FOR

METRO RAIL PROJECTS AT BHOPAL AND INDORE

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Part IV. Appendices

Appendix A – Description of Services

Note: This Appendix will include the final Terms of Reference worked out by the Client and the

Consultant during the negotiations, dates for completion of various tasks, place of performance

for different tasks, specific tasks to be approved by Client, etc.

Appendix B* – Reporting Requirements

Note: List format, frequency and contents of reports; persons to receive them; dates of

submission; etc. If no reports are to be submitted, state here “Not applicable.” Indicative

Appendix B is enclosed as below

Reports and Documents

Sl.

No.

Description Number of Volumes Number of copies

per Volume

1 Inception Report

2 Monthly Report

3 Tender Evaluation Reports

4 Quarterly Reports

5 Annual Reports

6 Supervision Reports

7 Engineering Reports

8 O & M Manuals

9 Draft Completion Report

10 Final Report

*Final Reporting requirements (reports and documents) will be finalized after negotiation

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Appendix C – Expert Schedule

Note: Insert a table based on Form TECH-7, 8 & 9 of the Consultant’s Technical Proposal and

finalize at the Contract’s negotiations. Attach the CVs demonstrating the qualifications of Key

Experts (Form TECH-6 of the Consultant’s Technical Proposal) updated and signed by the

respective Key Experts.

Appendix D – Remuneration Cost Estimates

Note: Insert Form FIN-3 of the Consultant’s Financial Proposal and finalize at the contract

negotiations.

Appendix E – Summary of Cost Estimates

Note: Insert Form FIN-2 of the Consultant’s Financial Proposal and finalize at the contract

negotiations.

Appendix F – Services, Facilities and Property to be provided by the Client – Client will provide

office space with security and housekeeping facilities both at Head Office and in cities and data as per

availability.

Note: See Clause GCC 5.3. List the services, facilities, property.

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Appendix G – Form of Advance Payment Security

Note: See Clause GCC 6.5 (a) and Clause SCC. The Client should insert here an acceptable form

of an advance payment security. An example is set forth below.

Appendix G – Form of Advance Payment Security

Bank Guarantee for Advance Payment

___________________[Bank‘s Name and Address of Issuing Branch or Office]

Beneficiary: _______________________________ [Name and Address of Client]

Date: __________________________________

ADVANCE PAYMENT GUARANTEE No.: _________________

We have been informed that [name of Consulting Firm or name of the Joint Venture/Consortium,

same as appears in the signed Contract] (hereinafter called ―the Consultants‖) has entered into

Contract No. [Reference number of the contract] dated [date] with you, for the provision of [brief

description of Services] (hereinafter called ―the Contract‖).

Furthermore, we understand that, according to the conditions of the Contract, an advance payment

in the sum of [amount in figures] ([amount in words]) is to be made against an advance payment

guarantee.

At the request of the Consultants, we [name of Bank] hereby irrevocably undertake to pay you any

sum or sums not exceeding in total an amount of [amount in figures] ([amount in words]) 1 upon

receipt by us of your first demand in writing accompanied by a written statement stating that the

Consultants are in breach of their obligation under the Contract because the Consultants have used

the advance payment for purposes other than toward providing the Services under the Contract.

It is a condition for any claim and payment under this guarantee to be made that the advance

payment referred to above must have been received by the Consultants on their account number

_________________ at [name and address of Bank].

The maximum amount of this guarantee shall be progressively reduced by the amount of the

advance payment repaid by the Consultants as indicated in copies of your certified statements to

such effect which shall be presented to us by the Consultants. This guarantee shall expire, at the

latest, upon our receipt of the certified payment certificate issued by you indicating that the

Consultants have made full repayment of the amount of the advance payment, or on the ___ day of

[month] [year] 2 whichever is earlier. Consequently, any demand for payment under this guarantee

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must be received by us at this office on or before that date.

_____________________________

[signature(s)]

Note:

All italicized text is to assist in preparing this form and shall be deleted from the final product.

1 The Guarantor shall insert an amount representing the amount of the advance payment and

denominated in Indian National Rupees or as specified in the Contract.

2 Client would need to request an extension of this guarantee from the Guarantor. Such request

must be in writing and must be made prior to the expiration date established in the guarantee.

In preparing this guarantee, the Client might consider adding the following text to the form,

at the end of the penultimate paragraph: ―The Guarantor agrees to extension of this

guarantee for a period, in response to the Client‘s written request for such extension, such

request to be presented to the Guarantor before the expiry of the guarantee.‖

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Appendix H – Acknowledgment of Compliance with Guidelines for the

Employment of Consultants under Bilateral/Multilateral Loan

Note: Form TECH10 in Section 4 is used for this Appendix.

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Appendix I – Form of Performance Security

Note: See Clause GCC 3.4 and Clause SCC. The Client should insert here an acceptable form

of performance security. An example is set forth below.

Appendix I – Form of Performance Security

Bank Guarantee for Performance Security

(To be stamped in accordance with the Stamp Act of the Country of Issuing Bank)

To:

The Managing Director

Madhya Pradesh Metro Rail Co Ltd

Palika Bhawan

Shivaji Nagar, Bhopal, Pin – 462016

Madhya Pradesh, INDIA

(MPMRCL/ the Client)

WHEREAS __________ (Name and address of the Consultant) (hereinafter called ―the

Consultant‖ or ―the GC‖) has undertaken, in pursuance of Contract No:

__________________ dated ________ to execute and complete the General Consultancy of

MP Metro Rail Project for Bhopal and Indore. (Hereinafter called ―the Contract‖).

AND WHEREAS it has been stipulated by the Client in the said Contract that the GC shall

furnish the Client with a Bank Guarantee from an Indian Scheduled Bank (excluding

Cooperative Banks) as defined in Section 2(e) of RBI Act 1934 read with Second Schedule

for the sum specified herein as security its due and faithful performance of its obligations in

accordance with the Contract.

AND WHEREAS we ________ [Insert name and address of Bank] having registered office at

_____ and having the branch at _________________________(herein after referred to as the

―Bank‖), which expression shall unless repugnant to the context of the meaning thereof,

include its successors, administrators, executors and assigns do hereby agree to give the

Consultant such a Bank Guarantee.

NOW THEREFORE

We hereby affirm that we are the Guarantor and responsible to the Client, on behalf of the GC

up to a total of _______ (amount of Guarantee in respective currencies) ________ (in words),

such sum being payable in Indian National Rupees in which the Contract Price is payable

and we hereby unconditionally, irrevocably and without demur undertake to immediately pay

the Client, upon its first written demand and without cavil or argument any sum or sums

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within the limits of ______ (amount of guarantee in respective currencies) as aforesaid

without the Client needing to prove or to show grounds or reasons for its demand for the sum

specified therein.

1 The Client shall have full rights whatsoever to en cash this Bank Guarantee at any time

during the validity of the guarantee and the GC shall have no right or claim whatsoever in

the matter of encashment of the Bank Guarantee amount by the Client and any disputes /

claim whatsoever in this regard shall only be settled by means of arbitration as provided

for in the Contract and the Client‘s decision as to what amount is due to the Client from

the Bank against the guarantee and as to the GC has committed breach of contract or not,

shall be final and binding on the guarantor-Bank and the GC shall have no right to

interfere with the same and the Bank shall have full rights in terms of the guarantee to

make immediate payments against the Bank Guarantee to the Client without the consent

of the GC and without referring the matter to the GC.

2 The Bank further agrees that the Client shall be the sole judge as to whether the GC is in

default in due and faithful performance of its obligations during the Contract Period

under the Contract and its decision that the GC is in default shall be final, and binding on

the Bank, notwithstanding any differences between the Client and the GC, or any dispute

between them pending before any court, tribunal, arbitrators or any other Client or body,

or by the discharge of the GC for any reason whatsoever

3 In order to give effect to this Guarantee, the Client shall be entitled to act as if the Bank

were the principal debtor and any change in the constitution of the GC and/or the Bank,

whether by way their absorption with any other body or corporation or otherwise, shall

not in any way or manner affect the liability or obligation of the Bank under this

Guarantee.

4 It shall not be necessary, and the Bank hereby waives any necessity, for the Client to

proceed against the GC before presenting to the Bank its demand under this Guarantee.

5 The Client shall have the liberty, without affecting in any manner the liability of the Bank

under this Guarantee, to vary at any time, the terms and conditions of the Contract or to

extend the time or period for the compliance with, fulfillment and/or performance of all

or any of the obligations of the GC contained in the Contract or to postpone for any time,

and from time to time, any of the rights and powers exercisable by the Client against the

GC and either to enforce or forbear from enforcing any of the terms and conditions

contained in the Contract and/or the securities available to the Client, and the Bank shall

not be released from its liability and obligations under these presents by any exercise by

the Client of the liberty with reference to matters aforesaid or by reason of time being

given to the GC or any other forbearance, indulgence, act or omission on the part of the

Client or of any other matter or thing whatsoever which under any law relating to the

sureties and guarantors would but for this provision have the effect of releasing the Bank

from its liability and obligations under this Guarantee and the Bank hereby waives all of

its rights under any such law.

6 This Guarantee is in addition to and not in substitution of any other guarantee or security

now or which may hereafter be held by the Client in respect of or relating to the Contract

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or for the fulfillment, compliance and/or performance of all or any of the obligations of

the GC under the Contract.

7 Courts at Bhopal, Madhya Pradesh, India shall have exclusive jurisdiction for contesting

legal cases arising out of encashment of the Guarantee.

8 This Guarantee shall be valid for one (1) years beyond the certified date of

commissioning of entire Project. More specifically, this performance Guarantee shall

cease to be in force and effect after the end of one (1) years from certified date of

commissioning of entire Project. The pendency of any dispute or arbitration or other

proceedings shall not affect this Guarantee in any manner.

9 The Bank undertakes not to revoke this Guarantee during its currency, except with the

previous express consent of the Client in writing and declares and warrants that it has the

power to issue this Guarantee and the undersigned has full powers to do so on behalf of

the Bank.

10 Any notice by way of request, demand or otherwise hereunder may be sent by post

addressed to the Bank or hand delivered at its above referred branch or at the branch of

the Bank available at Bhopal and as such notified in the Guarantee form by the issuing

Bank, which shall be deemed to have been duly authorized to receive such notice and to

effect payment thereof forthwith, and if sent by post it shall be deemed to have been

given at the time when it ought to have been delivered in due course of post and in

proving such notice, when given by post, it shall be sufficient to prove that the envelope

containing the notice was posted and a certificate signed by an officer of the Client that

the envelope was so posted shall be conclusive.

The guarantee is issued by Mr./Ms ____________ who is/are authorized by the Bank.

SIGNATURE AND SEAL OF THE GUARANTOR

----------------------------------------------------------------

NAME OF BANK -----------------------------------------

ADDRESS --------------------------------------------------

DATE -------------------------------------------------------

NOTE: The stamp papers of appropriate value shall be purchased in the name of the Bank,

who issue the ‗Bank Guarantee‘

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SECTION 8: ELIGIBLE SOURCE COUNTRIES OF MULTILATERAL/BILATERAL

LOANS

PROPOSAL DOCUMENT

FOR

SELECTION OF GENERAL CONSULTANT

FOR

METRO RAIL PROJECTS AT BHOPAL AND INDORE

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SECTION 8: Eligible Source Countries for Multilateral/Bilateral Loans

“At present there is no restriction on the Eligible Source Countries and restrictive

allocation of participating members for any particular country and hence all members

from all countries are eligible to apply unless the same is debarred as per specific terms of

Loan Agreement to be signed between Multilateral/Bilateral/other funding agencies and

MPMRCL/ GoMP/ GoI‖

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SECTION 9: LIST OF DEVELOPING COUNTRIES

PROPOSAL DOCUMENT

FOR

SELECTION OF GENERAL CONSULTANT

FOR

METRO RAIL PROJECTS AT BHOPAL AND INDORE

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SECTION 9: List of Developing Countries

“As notified by World Bank (IMF) as on due date of submission of proposal‖

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End of document