RITES LIMITED
BID No. RITES/SP(SD)/BID-BVI/Tech-Consultancy/2019
BID DOCUMENTS
FOR
APPOINTMENT OF TECHNICAL CONSULTANT FOR PROVIDING ARCHITECTURAL PLANNING & ENGINEERING SERVICES FOR PREPARATION OF STATION DEVELOPMENT PLAN FOR RE-DEVELOPMENT OF BORIVALI (BVI) RAILWAY STATION ALONG WITH COMMERCIAL DEVELOPMENT OF LAND PARCELS ADJOINING THE RAILWAY STATION
TECHNICAL BID (PART-1)
MAY 2019
4th Floor, RITES BHAWAN, 1, SECTOR-29, GURGAON-122 001, Tel: +91-124-2818436, Fax: +91-124 -2571660 CIN No. L74899DL1974GOI007227 Website: www.rites.com SECTION 1
NOTICE INVITING e-TENDER AND INSTRUCTIONS TO TENDERERS (ITT)
Page 1 of 129 SECTION 1 NOTICE INVITING e-TENDER AND INSTRUCTIONS TO TENDERERS 1.0 GENERAL Introduction
Ministry of Railways (MOR) as part of its policy of redevelopment of Railway stations across the country has entrusted Indian Railway Station Development Corporation (IRSDC) as the nodal agency for the work of redevelopment of the railway stations with modern passenger amenities along with exploitation of commercial development on leasehold rights on the vacant railway land and air space at the railway stations. IRSDC has appointed RITES as Project Management Consultant in term of its LOA EOI No. IRSDC/HQ/EOI/47/2018/CPSE/34 Dated 08.01.2019 for redevelopment work of 9 (Nine) Railway stations.
1.1 Tender Notice
Open Tenders are invited through E-Tendering system by RITES Ltd., a Public Sector Enterprise under the Ministry of Railways, from the bidders who fulfill the minimum eligible criteria specified in this document and from IRSDC empaneled Technical Consultants in Category ‘A’ and ‘B’ for Borivali (BVI) Railway station.
The name of work in this document shall be “Appointment of Technical consultant for providing Architectural Planning & Engineering services for preparation of Station development plan for Re-development of Borivali (BVI) Railway station along with commercial development of land parcels adjoining the Railway station.” (Note: Throughout these bidding documents, the terms ‘bid’ and ‘tender’ and their derivatives are synonymous)
1.1.1 Restriction on Number of Stations/Assignment to Consultant RITES has been mandated through IRSDC to develop/re-develop various railway stations across India. RITES shall Appoint Technical Consultant for Providing Architectural Planning & Engineering Services for Preparation of Station Development Plan for Re- Development of Railway Station along with Commercial Development of Land Parcels adjoining the Railway Station through tenders for each of the railway stations. The station redevelopment program involves intense involvement and is to be successfully delivered in the time frame. RITES intends to engage firms with sufficient technical manpower and available project delivery bandwidth Under this program RITES shall limit the award of consultancy assignment up to 2 (two) Stations / Assignment to the Selected Consultant. If the Selected Consultant having been awarded consultancy assignment for 2 stations has participated in the other tenders of RITES for consultancy assignment of other Railway stations, then his bid shall not be considered for the other stations and shall be considered as invalid / not admissible.
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The provisions of this clause shall also be applicable for the bidders who are in active zone of consideration for the Appointment of Technical Consultant for the stations Gurgaon, Indore & Pune having tender no. RITES/SP(SD)/BID/Tech- Consultancy/2019/01.
1.2 Estimated Cost of Work It is anticipated that the indicative estimated cost of the Railway station would be around INR 175Cr. This is only an indicative cost for guidance to the bidder. This cost may vary to any extent (plus or minus) depending upon development plan and the facilities proposed by the selected Technical Consultant and accepted by RITES/IRSDC.
1.2.1 Consultant’s fee on variation in cost of work:
It is understood that Bidders are familiar with requirement/services to be provided and expected to quote based on efforts involved using their understanding of project requirement. However, if Project cost/completion cost is Less than the aforesaid indicative cost of work then Technical consultant’s fee shall be worked out on prorate basis.
1.3 Time for completion The time allowed for completion is 24 months from the 10thday of the date of issue of Letter of Award. However, activity wise time schedule/line is placed at clause 6.2 of Term of Reference (Section 3B), for understanding the stipulations.
1.4 Scope of work
The scope of work has been elaborated in Clause 3 of the Term of Reference (Section- 3B) of this document.
1.5 Availability of Site
The Stations data Sheets are placed at Section -6. Bidders are encouraged to submit their respective applications/Bids after visiting the Project Site and ascertain themselves the site conditions, traffic (volumes/flows/bottlenecks & other issues), location, surroundings, climate, access to the site, real estate potential, local bye laws, FSI etc., Applicable Laws and regulations or any other matter considered relevant by them.
1.6 Deadline for submission of bids: Upto 15:30 Hrs. on 25.06.2019.
The Employer may extend the deadline for submission of Tenders by issuing an amendment in writing in accordance with Clause 6.3 in which case, all rights and obligations of the Employer and the Tenderer previously subject to the original deadline will be subject to new deadline.
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CRITICAL DATA SHEET
Published Date 08.05.2019 Bid Document Download / Sale Start 08.05.2019 Date Pre-bid Query Receipt Start Time & 09.05.2019 at 11:00 hours Date Pre-bid Query Receipt End Time & 07.06.2019 upto 16:30 hours Date Bid submission Start Date & Time 18.06.2019 at 15:30 hours
Bid submission End Date & Time 25.06.2019 upto 15:30 hours
Bid Opening Date & Time 26.06.2019 at 15:30 hours
1.6.1 Pre Bid Meeting A Pre-bid meeting in connection with this work will be held on 04.06.2019 at 11.30 hrs to clarify the queries of the bidders at RITES Bhawan-1, Plot No. 1, Sector-29, Gurgaon (Haryana). All the participating firms may attend the pre- bid meeting as per above schedule.
1.7 Date & Time of opening of bids: At 15.30 Hrs. on 26.06.2019
2.0 QUALIFICATION CRITERIA TO BE SATISFIED 2.1 The Applicants shall be required to fulfil the eligibility conditions of Clause 2.2.2(A)-Technical Capacity, Clause 2.2.2(B)— Financial Capacity, Clause 2.2.2 (C)— Availability and Deployment of Key Personnel.
2.1.1 The Applicant/Bidder can be an Individual Firm (‘Sole Firm’) or a Joint Venture (JV) / Consortium of Firms/Members (‘Joint Venture (JV) / Consortium’) comprising one Lead Member and not more than 2 (two) Other JV/Consortium Members.
2.1.2 IRSDC empanelled bidders under category ‘A’ & ‘B’ shall be deemed to have qualified the eligibility conditions of Clause 2.2.2(A)-Technical Capacity, Clause 2.2.2(B)— Financial Capacity, Clause 2.2.2 (C)— Availability and Deployment of Key Personnel, provided a declaration to this effect has been submitted as per Proforma-3 of Section-1 NIT & ITT.
2.1.3 To be eligible, a JV/Consortium (Non empanelled with IRSDC) shall be evaluated as follows:
Each Entity shall have, over the past 12 (twelve) years preceding the Application Due Date, undertaken a minimum of 1 (one) Eligible Assignments as specified in Clause 19.1.2 (i) AND Clause 19.1.2 (ii), but necessarily one of the JV/Consortium member must have undertaken 1 (one) Eligible Assignment as specified in clause 19.1.2 (i)
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AND
Lead Member shall meet the Financial Capacity (Clause 2.2.2 B)
AND
Each Entity other than IRSDC empanelled bidders under category ‘A’ & ‘B’ shall necessarily provide at least 1 (One) Key Personnel specified in Clause 2.2.2 (C). Provided further that the Team Leader shall be compulsorily from Lead Member.
For the purpose of abundant clarity technical credential does not include Financial Capacity. The manner in which the Application is required to be submitted, evaluated and accepted is explained in this bid document. The selected JV/Consortium shall establish an office in India for this work and this Indian office address shall be treated as address for all official communications. It will be preferable for the Selected Consultant for providing services to establish an office in New Delhi/Delhi-NCR for close co-ordination.
Applicants are advised that the selection of Consultant shall be on the basis of an evaluation by RITES through the Selection Process specified in this bid document. Applicants shall be deemed to have understood and agreed that no explanation or justification for any aspect of the Selection Process will be given and that RITES decisions are without any right of appeal whatsoever.
2.1.4 Key Personnel
The Consultancy Team shall consist of the following key personnel (the “Key Personnel”) and other Personnel who shall discharge their respective responsibilities as specified below:
Key Personnel Responsibilities C hief Urban Designer/ He will lead, co-ordinate and supervise the multidisciplinary Planner cum Team Leader team for preparation of the (the “Team Leader”) Technical Feasibility Report and Master Plan. He will be responsible for preparing Urban Design vision for revitalization of station areas, suggest RITES on various development norms related matters on the Project Site to be followed while conceptualizing the master plan of station development/redevelopment. Prepare Site Plans for various situations on the new/existing stations and precincts.
Chief Architect He will be responsible for suggesting various schemes for the development of the railway station, preparing conceptual plans, advising on feasibility of exploitation of full FSI of permitted by local authorities and suggest RITES on various development norms related matters on the Project Site to be followed while conceptualizing the master plan of development of railway station. Prepare typical schematic plans for various situations on the new/existing stations/ bus terminal.
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Key Personnel Responsibilities S tation Planning Expert He will visualise and conceptualise the master plan of the station, and concept plan with its sections along with its Architecture, façade and provide expert input at every stage of design and development. He will also be responsible for the planning and layout of various elements of the Railway station. Other Professional Responsibilities Personnel Structural Engineer/ He will be responsible for establishing the Technical Construction Expert Feasibility of the Project and its structural elements. He will suggest the construction methodology including the temporary diversion plans. Transport Planning Expert He will be responsible integrated traffic plan; suggesting the scheme for road connectivity, entry/exit to the Station, circulation plan, flyovers, parking, etc. including temporary traffic diversion for construction. Environmental Expert He will be responsible for Environmental &Social Impact Assessment of the Project.
2.2 Conditions of Eligibility of (Non Empanelled with IRSDC) Applicants
2.2.1 Applicants must read carefully the minimum conditions of eligibility (the “Conditions of Eligibility”) provided herein. Attention of Applicants is drawn to the Architects Act 1972 (The Act). All services and submissions by the selected consultant must comply with the provisions of The Act. 2.2.2 To be eligible for evaluation of its Application, the Applicant shall fulfil the following: (A) Technical Capacity: The Applicant shall have, over the past 12 (twelve) years preceding the Bid Submission Date, undertaken a minimum of 2 (two) Eligible Assignments out of which one each has to be necessarily as specified in Clause 19.1.2 (i) and (ii) respectively (Form-3, Annexure IX). (B) Financial Capacity: The Applicant shall have received an average income of Rs. 2 (Two) Crore per annum from professional fees in progress and or/ completed in last 3 (three) financial years preceding the Bid Submission Date. (Form-1, Annexure IX) However, for the purpose of awarding marks as per Clause 19.1.1 Item Code 2, in case of the Consortium/JV, aggregate of the average annual income calculated as total certified payments received per annum from professional fees in progress and or/ completed in last 3 (three) financial years preceding Bid Submission Date of each member of the JV/Consortium shall be reckoned.
Illustration:
JV/Consortium of A and B with A as the Lead Member. Firm A: Average income of Rs.6 Crore per annum from professional fees during the 3 financial years preceding the Bid Submission Date Firm B: Average income of Rs.2 Crore per annum from professional fees during the 3 financial years preceding the Bid Submission Date
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Then the marks obtained by the JV/Consortium of A & B shall be (6+2) = 8, i.e. Rs 8 Crores and Applicant shall get 1 marks out of maximum marks of 5.
(C) Availability and Deployment of Key Personnel: The Applicant shall offer and make available all Key Personnel meeting the requirements specified in table below. (Form-2, Annexure IX) Each of the Key Personnel must fulfil the Conditions of Eligibility specified below:
Key Personnel Educational Length of Experience on Qualification Professional Eligible Experience Assignments Chief Masters in 15 years He should have led Urban Architecture (Urban the urban design/ Designer/ Design)/ Masters in planning/ architectural Planner cum Planning or design/ planning for Team Leader Equivalent three Eligible Assignments as per (the “Team OR Leader”) clause 19.1.2(i) Or Bachelors 20 Years 19.1.2(ii) or both. in Architecture or Equivalent Chief Architect Masters/ 15 years He should have led the Bachelor in architectural planning Architecture or for feasibility study Equivalent teams for three Eligible Assignments As per clause 19.1.2(i) Or 19.1.2(ii) out of which at least one should be as per clause 19.1.2 (i).
Station Masters/ Bachelor in 10 years He should have Planning Architecture or worked as Planning Expert Equivalent Expert for Stations, Bus Terminal/Station, Metro Station for three Eligible Assignments as per Clause 19.1.2 (i). Ot her Educational Length of E xperience on Professional Qualification Professional Eligible Personnel Experience Assignments Structural Masters/Bachelor in 10 years He should have led the Engineer/ Civil Engineering or structural/ construction Constructi Equivalent planning teams for two on Expert Eligible Assignments as per Clause as per Clause 19.1.2(i) or 19.1.2(ii).
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Transport Post Graduate in He should have led the Planning Expert Traffic and/or transport planning Transport teams for two Eligible engineering/Planning Assignments as per Clause 19.1.2 (i) or 19.1.2 (ii). Environmental Masters/ Bachelor in 10 years He should have led the Expert Environmental environmental impact Science or assessment teams for two equivalent Eligible Assignments as per Clause 19.1.2(i) or 19.1.2 (ii).
2.2.3 The Applicant should indicate the specific task(s) to which each team member would be assigned. The team leader should be specifically identified. If it is proposed to have a member of the consultant’s corporate office responsible for the supervision of the team in the field, similar details should be given for that member.
2.2.4 The Applicant shall enclose with its Application, certificate(s) from its Statutory Auditors stating its total revenues from professional fees during each of the past three financial years and the fee received in respect of each of the Eligible Assignments specified in the Application (Form-1 & Form-3, Annexure IX). In the event that the Applicant does not have a statutory auditor, it shall provide the requisite certificate(s) from the firm of Chartered Accountants that ordinarily audits the annual accounts of the Applicant.
2.2.5 While submitting an Application, the Applicant should attach clearly marked and referenced continuation sheets in the event that the space provided in the specified forms in the Appendices is insufficient.
2.3 Conflict of Interest
2.3.1 An Applicant shall not have a conflict of interest that may affect the Selection Process or the Consultancy (the “Conflict of Interest”). Any Applicant found to have a Conflict of Interest shall be disqualified. In the event of disqualification, RITES shall forfeit and appropriate the EMD as mutually agreed genuine pre-estimated compensation and damages payable to RITES for, inter alia, the time, cost and effort of RITES including consideration of such Applicant’s Application, without prejudice to any other right or remedy that may be available to RITES hereunder or otherwise.
2.3.2 RITES, requires that the Consultant provides professional, objective, and impartial advice and at all times hold RITES’ interests paramount, avoid conflicts with other assignments or its own interests, and act without any consideration for future work. The Consultant shall not accept or engage in any assignment that would be in conflict with its prior or current obligations to other clients, or that may place it in a position of not being able to carry out the assignment in the best interests of RITES.
2.3.3 Without limiting the generality of the above, an Applicant shall be deemed to have a Conflict of Interest affecting the Selection Process, if:
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(a) the Applicant, its consortium member (the “Member”) or Associate (or any constituent thereof) and any other Applicant, its consortium member or Associate (or any constituent thereof) have common controlling shareholders or other ownership interest; Pro vided that this disqualification shall not apply, in cases where, the direct or indirect shareholding or ownership interest of an Applicant, its Member or Associate (or any shareholder thereof having a shareholding of more than 25% (Twenty five per cent) of the paid up and subscribed share capital of such Applicant, Member or Associate, as the case may be) in the other Applicant, its consortium member or Associate is less than 5 per cent of the subscribed and paid up equity share capital thereof; provided further that this disqualification shall not apply to any ownership by a bank, insurance company, pension fund or a public financial institution referred to in sub-section (72) of section 2 of the Companies Act, 2013. For the purposes of this Clause 2.3.3(a) indirect shareholding held through one or more intermediate persons shall be computed as follows: (aa) where any intermediary is controlled by a person through management control or otherwise, the entire shareholding held by such controlled intermediary in any other person (the “Subject Person”) shall be taken into account for computing the shareholding of such controlling person in the Subject Person; and (bb) subject always to sub-clause (aa) above, where a person does not exercise control over an intermediary, which has shareholding in the Subject Person, the computation of indirect shareholding of such person in the Subject Person shall be undertaken on a proportionate basis; pro vided, however, that no such shareholding shall be reckoned under this sub-clause (bb) if the shareholding of such person in the intermediary is less than 26% (twenty six per cent) of the subscribed and paid up equity shareholding of such intermediary; or (b) a constituent of such Applicant is also a constituent of another Applicant; or (c) such Applicant or its Associate receives or has received any direct or indirect subsidy or grant from any other Applicant or its Associate; or (d) such Applicant has the same legal representative for purposes of this Application as any other Applicant; or ( e) such Applicant has a relationship with another Applicant, directly or through common third parties, that puts them in a position to have access to each other’s information about, or to influence the Application of either or each of the other Applicant; or (f) there is a conflict among this and other consulting assignments of the Applicant (including its personnel and Sub-consultant) and any subsidiaries or entities controlled by such Applicant or having common controlling shareholders. The duties of the Consultant will depend on the circumstances of each case. While providing consultancy services to RITES for this particular assignment, the Consultant shall not take up any assignment that by its nature will result in conflict with the present assignment; or ( g) a firm which has been engaged by RITES to provide goods or works or services for a project, and its Associates, will be disqualified from providing consulting services for the same project save and except as provided in Clause2.3.4; conversely, a firm hired to provide consulting services for the preparation or implementation of a project, and its Members or Associates, will be disqualified from subsequently providing goods or works or services related to the same project; or (h) the Applicant, its Member or Associate (or any constituent thereof), and the bidder or Concessionaire, if any, for the Project, its Consultant(s) or sub-Consultant(s) (or any
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constituent thereof) have common controlling shareholders or other ownership interest; provided that this disqualification shall not apply in cases where the direct or indirect shareholding or ownership interest of an Applicant, its Member or Associate (or any shareholder thereof having a shareholding of more than 5% (five per cent) of the paid up and subscribed share capital of such Applicant, Member or Associate, as the case may be,) in the bidder or Concessionaire, if any, or its Consultant(s) or sub-Consultant(s) is less than 5% (five per cent) of the paid up and subscribed share capital of such Concessionaire or its Consultant(s) or sub-Consultant(s); provided further that this disqualification shall not apply to ownership by a bank, insurance company, pension fund or a Public Financial Institution referred to in sub-section (72) of section 2 of the Companies Act, 2013.
For the purposes of this sub-clause (h), indirect shareholding shall be computed in accordance with the provisions of sub-clause (a) above.
Fo r purposes of this bid document, Associate means, in relation to the Applicant, a person who controls, is controlled by, or is under the common control with such Applicant (the “Associate”). As used in this definition, the expression “control” means, with respect to a person which is a company or corporation, the ownership, directly or indirectly, of more than 50% (fifty per cent) of the voting shares of such person, and with respect to a person which is not a company or corporation, the power to direct the management and policies of such pers on by operation of law or by contract.
2.3.4 An Applicant eventually appointed to provide Consultancy for this Project, and its Associates, shall be disqualified from subsequently providing goods or works or services related to the construction and operation of the same Project and any breach of this obligation shall be construed as Conflict of Interest; provided that the restriction herein shall not apply after a period of 5 (five) years from the completion of this assignment or to consulting assignments granted by banks/ lenders at any time; provid ed further that this restriction shall not apply to consultancy/ advisory services performed for RITES in continuation of this Consultancy or to any subsequent consultancy/ advisory services performed for RITES in accordance with the rules of RITES. For the avoidance of doubt, an entity affiliated with the Consultant shall include a partner in the Consultant’s firm or a person who holds more than 5% (five per cent) of the subscribed and paid up share capital of the Consultant, as the case may be, and any Associate thereof. 2.4 Number of Applications: No Applicant or its Associate shall submit more than one Application for the Consultancy. An Applicant applying individually (‘Sole Firm’) or as an Associate (‘JV/Consortium Member’) shall not be entitled to submit another application either individually or as a member of any consortium, as the case may be. 2.5 Cost of Application: The Applicants shall be responsible for all of the costs associated with the preparation of their Bid Applications and their participation in the Selection Process including subsequent negotiation, visits to RITES/IRSDC, Project Sites etc. RITES will not be responsible or in any way liable for such costs, regardless of the conduct or outcome of the Selection Process.
2.6 In this tender Joint Venture/Consortium is allowed.
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a) If JV/Consortium is successful in the Bid, the Contract will be awarded in the name of JV/Consortium. The JV/Consortium Agreement should be executed within 15 days of receipt of Letter of Acceptance and the JV/Consortium Agreement duly registered in accordance with law so as to be legally valid and binding on the members. The JV shall also open a Bank account in the name of JV and all payments due to the JV shall be credited by the Employer to that account only. To facilitate statutory deductions such as towards Income Tax, etc. made from the amounts due to the JV being credited to the concerned Government Departments, the JV shall arrange to obtain in the name of JV, PAN/TIN etc. as required. In case of Consortium all the payments due to the Consortium shall be credited to the Account of Lead Member only by the Employer. No request for payment by other Members or expert shall be entertained. b) Bid submitted by a Joint Venture/Consortium of two or more firms as Partners/Members shall be accompanied by the following documents: I. A copy of Joint Venture/Consortium MOU/Agreement duly notarized so as to be legally valid and binding on all the Partners/Members and incorporating the following provisions (Suggested format at Annexure II) should be uploaded: i. The Bid and, in case of a successful Bid, the Agreement shall be signed so as to be legally binding on all Partners/Members. ii. One of Partners/Members shall be nominated as being in charge and this authorization shall be evidenced by submitting Power of Attorney signed by legally authorized signatories of all the Partners/Members. iii. The Partner-in-charge/Lead Member shall be authorized to incur liabilities and receive instructions for and on behalf of any and all partners/members of the Joint Venture/Consortium and entire execution of the Contract, shall be done exclusively with the Partner in charge. iv. All the partners of the Joint Venture/Consortium shall be liable jointly and severally for the execution of the contract in accordance with the Contract terms and a statement to this effect shall be included in the authorization through a Power of Attorney in favour of the Partner-in-charge/Lead Member as well as in the Bid and in the Agreement (in case of a successful bid). v. Indication of the precise responsibility of all the Partners/Members of the Joint Venture/Consortium in respect of planning, design, construction equipment, key personnel, work execution and financing of the Project duly indicating the percentage in financing of JV/Consortium by each Partner. vi. The Partner-in-Charge/Lead Partner shall be responsible for 100% financing of the JV/Consortium. vii. All partners/members of the JV/Consortium shall comply with the provisions in the Integrity Pact (if applicable) and any violation of the Pact by any partner/member shall be construed as a violation by the JV/Consortium. II. Power of Attorney in favour of the Partner-in-charge/Lead Member on the lines (Annexure IV, Section-1, NIT & ITT). The documents to be furnished by the Bidder to prove that he is satisfying the qualification Criteria laid down should all be in the Bidder’s name, except in cases where through the name has changed, the owners continued to remain the same and in cases of amalgamation of entities.
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2.7 Fraud and Corruption 2.7.1 RITES, requires that all Consultants participating in bid to adhere to the highest ethical standards, both during the selection process and throughout the execution of a contract. In pursuance of this policy, RITES: (a) defines, for the purpose of this paragraph, the terms set forth below as follows: (i) “Corrupt practice” means the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence the actions of any person connected with the Selection Process (for removal of doubt, offering of employment or employing or engaging in any manner whatsoever, directly or indirectly, any official of RITES who is or has been associated in any manner, directly or indirectly with Selection Process or LOA or dealing with matters concerning the Agreement before or after the execution thereof, at any time prior to the expiry of one year from the date such official resigns or retires from or otherwise ceases to be in the service of the Authority, shall be deemed to constitute influencing the actions of a person connected with the Selection Process); or engaging in any manner whatsoever, whether during the Selection Process or after the issue of LOA or after the execution of the Agreement, as the case may be, any person in respect of any matter relating to the Project or the LOA or the Agreement, who at any time has been or is a legal, financial or technical adviser RITES in relation to any matter concerning the Project; (ii) “Fraudulent practice” means a misrepresentation or omission of acts or suppression of facts or disclosure of incomplete facts, in order to influence the Selection Process. This includes making false declaration or providing false information for participation in a tender process or to secure a contract or in execution of the contract; (iii) “Coercive practice” means impairing or harming, or threatening to impair or harm, directly or indirectly, any person or property to influence any person’s participation or action in the Selection Process or the exercise of its rights or performance of its obligations by RITES under this tender; (iv) “Undesirable practice” means (i) establishing contact with any person connected with or employed or engaged by RITES with the objective of canvassing, lobbying or in any manner influencing or attempting to influence the Selection Process; or (ii) having a Conflict of Interest; (v) “Restrictive practice” means forming a cartel or arriving at any understanding or arrangement among Bidders with the objective of restricting or manipulating a full and fair competition in the Selection Process. Any collusion, bid rigging or anti-competitive arrangement, or any other practice coming under the purview of The Competition Act, 2002, between two or more bidders with or without the knowledge of RITES, that may impair the transparency, fairness and the progress of the procurement process or to establish bid prices at artificial, non- competitive levels; and (vi) “Obstructive practice” means materially impede RITES’s investigation into allegations of one or more of the above mentioned prohibited practices either by deliberately destroying, falsifying, altering; or by concealing of evidence
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material to the investigation; or by making false statements to investigators and/or by threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or by impeding the RITES’s right of audit or access to information; (b) RITES will reject a proposal for award if it determines that the Consultant recommended for award has, directly or through an agent, engaged in corrupt, fraudulent, coercive, undesirable, restrictive or obstructive practices in competing for the contract in question; (c) will terminate the contract if it determines at any time that representatives of the Consultant were engaged in corrupt, fraudulent, coercive, undesirable, restrictive or obstructive practices during the selection process or the execution of the contract (d) will sanction a Consultant, including declaring the Consultant ineligible, either indefinitely or for a stated period of time, if at any time it determines that the Consultant has, directly or through an agent, engaged in corrupt, fraudulent, coercive, undesirable, restrictive or obstructive practices in competing for, or in executing contract. 2.8 Language: The Proposal with all accompanying documents (the “Documents”) and related correspondence shall be in English Language and strictly on the forms provided in this tender document. No supporting document or printed literature shall be submitted with the Proposal unless specifically asked for and in case any of these documents is in another language, it must be accompanied by an accurate translation of the relevant passages in English duly authenticated by the embassy of the country, in which case, for all purposes of interpretation of the Proposal, the translation in English shall prevail. However, in case of difficulty, these documents can be submitted with an Apostille Certificate for the countries that have signed the Hague Convention 1961. 2.9 Confidentiality: Information relating to the examination, clarification, evaluation, and recommendation for the selection of Consultant shall not be disclosed to any person who is not officially concerned with the process or is not a retained professional adviser advising RITES in relation to or matters arising out of, or concerning the Selection Process. RITES will treat all information submitted as part of Proposal in confidence and would require all those who have access to such material to treat the same in confidence. RITES will not divulge any such information unless it is directed to do so by any statutory entity that has the power under law to require its disclosure or is to enforce or assert any right or privilege of the statutory entity and/or RITES. 2.10 Proprietary Data: All documents and other information supplied by RITES or submitted by a Bidder to RITES shall remain or become the property of RITES. Bidders are to treat all information as strictly confidential. RITES will not return any Proposal or any information provided along therewith 3. FORMAT AND CHECK LIST FOR SUBMISSION OF INFORMATION ON QUALIFICATION CRITERIA
3.1 The information to be furnished and the documents to be enclosed shall be as per Clause
28.0 hereinafter.
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4. CONTENTS OF TENDER DOCUMENT
4.1 Each set of Tender or Bidding Document will comprise the documents listed below and addenda issued in accordance with Clause 6: PART-1: - Technical Bid Packet Section 1 Notice Inviting e-Tender and Instructions to Tenderers (ITT) including Annexures Section 2 Tender and Contract Form [DELETED] Section 3 Special Conditions Section 4 Schedule A to F [DELETED] Section 5 Technical Specifications [NIL] Section 6 Station data
PART-2:- FINANCIAL BID PACKET Schedule of Quantities (Bill of Quantities) 4.2 Not Applicable.
4.3 The bidder is required to submit/upload only the documents mentioned in Clause 28.0 of Section 1 of Part -1. Rest of the Part-1 need not be uploaded. The bidder must, nevertheless, read the same. It shall be presumed that the bidder has read the contents of Part 1: Technical Bid Packet. The successful bidder will be required to sign the complete tender document i.e., Part 1 and Part 2 and Correction Slips, if any, thereto.
5. INSTRUCTIONS ON ACCESSING/PURCHASING OF BID DOCUMENTS AND SUBMISSION THEREOF
5.1 To participate in the E-Bid submission for RITES, it is mandatory for the bidders to get their firms registered with E-Procurement Portal https://etenders.gov.in/eprocure/app
5.2 The bidders are required to submit soft copies of their bids electronically on the CPP Portal, using valid Digital Signature Certificates. The instructions given below are meant to assist the bidders in registering on the CPP Portal, prepare their bids in accordance with the requirements and submitting their bids online on the CPP Portal.
5.3 REGISTRATION
a) Bidders are required to enrol on the e-Procurement module of the Central Public Procurement Portal (URL: https://etenders.gov.in/eprocure/app) by clicking on the link “Online Bidder Enrolment” on the CPP Portal which is free of charge.
b) As part of the enrolment process, the bidders will be required to choose a unique username and assign a password for their accounts.
c) Bidders are advised to register their valid email address and mobile numbers as part of the registration process. These would be used for any communication from the CPP Portal.
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d) Upon enrolment, the bidders will be required to register their valid Digital Signature Certificate (Class III Certificates with signing key usage) issued by any Certifying Authority recognized by CCA India with their profile.
e) Only one valid DSC should be registered by a bidder. Please note that the bidders are responsible to ensure that they do not lend their DSC’s to others which may lead to misuse.
f) Bidder can log in to the site through the secured log-in by entering their user ID/Password and the password of the DSC/e-Token.
5.4 SEARCHING FOR TENDER DOCUMENTS
a) There are various search options built in the CPP Portal, to facilitate bidders to search active tenders by several parameters. These parameters could include Tender ID, Organization Name, Location, Date, Value, etc. There is also an option of advanced search for tenders, wherein the bidders may combine a number of search parameters such as Organization Name, Form of Contract, Location, Date, Other keywords etc. to search for a tender published on the CPP Portal.
b) Once the bidders have selected the tenders they are interested in, they may download the required documents/tender schedules. These tenders can be moved to the respective ‘My Tenders’ folder. This would enable the CPP Portal to intimate the bidders through SMS/E-mail in case there is any corrigendum issued to the tender document.
c) The bidder should make a note of the unique Tender ID assigned to each tender, in case they want to obtain any clarification/help from the Helpdesk.
5.5 PREPARATION OF BIDS
a) Bidder should take into account any corrigendum published on the tender document before submitting their bids.
b) Bidder is advised to go through the tender advertisement/NIT and the tender document carefully to understand the documents required to be submitted as part of the bid. Bidder may please note the number of covers in which the bid documents have to be submitted, the number of documents – including the names and content of each of the document that need to be submitted. Any deviations from these may lead to rejection of the bid.
c) Bidder, in advance, should get ready the bid document to be submitted as indicated in the tender document/schedule and generally, they can be in PDF/XLS/RAR/JPG formats. Bid documents may be scanned with 100 dpi with black and white option which helps in reducing size of the scanned document.
d) To avoid the time and effort required in uploading the same set of standard documents which are required to be submitted as a part of every bid, a provision of uploading such standard documents (e.g. PAN Card copy, Annual Reports, Auditor Certificates etc.) has been provided to the bidders. Bidders can use “My Space” or “Other Important Documents” area available to them to upload such documents. These documents may be directly submitted from the “My Space” area while
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submitting a bid, and need not be uploaded again and again. This will lead to a reduction in the time required for bid submission process.
5.6 SUBMISSION OF BIDS
a. Bid can be submitted only during validity of registration of bidder with CPPP E- Procurement Portal.
b. Bidder should log into the site well in advance for bid submission so that they can upload the bid in time i.e. on or before the bid submission time. Bidder will be responsible for any delay due to other issues.
c. The Bidder has to digitally sign and upload the required bid documents one by one as indicated in the tender document.
d. Bidder has to select the payment option as “offline” to pay the cost of tender document and EMD as applicable and enter details of the instruments.
e. Bidder should prepare the financial instruments of the Cost of Tender Documents and EMD as per the instructions specified in Clause 7.0 (f) hereinafter. The original should be posted/couriered/given in person to the concerned official, so as to reach him within a week from the date of opening. The details of the DD/any other accepted instrument, physically sent, should tally with the details available in the scanned copy and the data entered during bid submission time. If the date of issue of DD/any other accepted instrument, physically sent, is on or before the bid submission end date, the same shall also be accepted even if the details are different from the scanned copy uploaded along with the bid. Otherwise the uploaded bid will be rejected.
f. Bidders are requested to note that they should necessarily submit their financial bids in the format provided and no other format is acceptable. If the price bid has been given as a standard BOQ format with the tender documents, then the same is to be downloaded and to be filled by all the bidders. Bidders are required to download the BOQ file, open it and complete the white coloured (unprotected) cells with their respective financial quotes and other details (such as name of the bidder). No other cells should be changed. Once the details have been completed, the bidder should save it and submit it online, without changing the filename. If the BOQ file is found to be modified by the bidder, the bid will be rejected.
g. The server time (which is displayed on the bidders’ dashboard) will be considered as the standard time for referencing the deadlines for submission of the bids by the bidders, opening of bids etc. The bidders should follow this time during bid submission.
h. All the documents being submitted by the bidders would be encrypted using PKI encryption techniques to ensure the secrecy of the data. The data entered cannot be viewed by unauthorized persons until the time of bid opening. The confidentiality of the bids is maintained using the secured Socket Layer 128 Bit encryption technology. Data storage encryption of sensitive fields is done. Any bid document that is uploaded to the server is subjected to symmetric encryption using a system generated symmetric key. Further this key is subjected to asymmetric encryption using buyers/bid openers public keys.
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i. The uploaded tender documents become readable only after the tender opening by the authorized bid openers.
j. Upon the successful and timely submission of bids (i.e. after clicking “Freeze Bid Submission” in the portal), the portal will give a successful bid submission message & a bid ID to the bid. A bid summary will be displayed with the bid ID and the date & time of submission of the bid with all other relevant details.
k. The bid summary has to be printed and kept as an acknowledgement of the submission of the bid. The acknowledgement may be used as an entry pass for any bid opening meetings. 5.7 ASSISTANCE TO BIDDERS
a) Any queries relating to the process of online bid submission or queries relating to CPP Portal in general may be directed to the 24x7 CPP Portal Help Desk Number 0120-4200462, 0120-4001002, 0120-4001005, 0120-6277787, E-mail id: support- [email protected]
b) Bidders information useful for submitting online bids on the CPP Portal may be obtained at: https://etenders.gov.in/eprocure/app?page=BiddersManualKit& service=page
c) It is mandatory for all bidders to have, Class-III Digital Signature Certificate (DSC) in the name of the person along with name of Company, who will digitally sign the bid from any of licensed Certifying Agency (CA). Bidders can see the list of licensed CAs from the link https://www.cca.gov.in
d) Bidder shall ensure, use of registered Digital Signature Certificate (DSC) only and safety of the same.
e) In case, the Digital Signature Certificate (DSC) holder who is digitally signing the bid and the person having Authority to Sign as per Clause 11 are different, even then all the terms and conditions of the tender document will be binding upon the bidder.
5.8 CLARIFICATIONS ON TENDER DOCUMENTS
A prospective Tenderer requiring any clarification on the Tender Document may notify through queries, online only within the specified period (refer clause 1.6-Critical Date Sheet hereinbefore) Request for clarifications including request for Extension of Time for submission of Bid, if any, must be received not later than 10 (Ten) days prior to the deadline for submission of tenders. Details of such queries raised and clarifications furnished will be uploaded in CPP website https://etenders.gov.in/eprocure/app without identifying the names of the bidders who had raised the queries. Any modification of the Tender Document arising out of such clarifications will also be uploaded on CPP website.
6. AMENDMENT OF TENDER DOCUMENT
6.1 Till 7 days prior to the deadline for submission of tenders, the Tender Document may be modified by RITES Ltd. by issue of addenda/corrigendum.
6.2 Addendum/Corrigendum, if any, will be hosted on website https://etenders.gov.in/eprocure/app and shall become a part of the tender document. All tenderers are advised to see the website for addendum/corrigendum to the tender
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document which may be uploaded up to 7 (Seven) days prior to the deadline for submission of tender as finally stipulated.
6.3 To give prospective tenderers reasonable time, in which to take the addenda/corrigenda into account in preparing their tenders, extension of the deadline for submission of tenders may be given before bid Opening date as considered necessary by RITES. All tenderers are advised to see the website for extension of deadline for submission of tenders.
6.4 Tenderer who has downloaded the tender from Central Public Procurement Portal (CPPP) website https://etenders.gov.in/eprocure/app shall not tamper/modify the tender form including downloaded Price Bid Template in any manner. In case if the same is found to be tampered/modified in any manner, tender will be completely rejected and EMD would be forfeited and tenderer is liable to be banned from doing business with RITES Ltd.
7. PREPARATION AND SUBMISSION OF BIDS
(a) Part-1 and Part-2 of tender document may be downloaded from CPPP well before the deadline for submission of bids. The bids (Part-2 only) along with the information and documents specified in Clause 28 hereinafter, shall be submitted online following the instructions appearing on the screen. Documents specified in Clause 28 of Section 1, Part-1 are required to be uploaded along with Part-2 (Financial Bid); the rest of Part-1 of the tender document need not be submitted online but it shall be deemed to have been submitted. Users are requested to map their system as per the System settings available on the link https://etenders.gov.in/eprocure/app?page=BiddersManualKit&service=pageon the CPP portal.
(b) After downloading/getting the tender document/schedules from https://etenders.gov.in/eprocure/app the Bidder should go through them carefully and then submit the documents as asked, otherwise bid will be rejected. It is construed that the bidder has read all the terms and conditions before submitting their offer. Bidders are advised that prior to bid submission they should read the bid submission manual available on CPP Portal https://etenders.gov.in/eprocure/app?page=BiddersManualKit&service=pageweb site
(c) Bidders may ensure that all the pages of the documents mentioned in Clause 28 must be signed & stamped by authorised signatory and serially numbered. In case, it is found that bidder has not complied with the same, the documents shall be deemed to be signed and stamped as this is a digitally signed e-tender.
(d) The bids shall be submitted online following the instructions appearing on the screen. Bidders may insert their e-Token/Smart Card in their computer and Log onto CPP portal https://etenders.gov.in/eprocure/app using the User-Id and Password chosen during registration. Then they may enter the password of the e-Token/Smart Card to access the DSC.
(e) Prior to bid submission, bidder should get ready with the documents to be uploaded as part of the bid as indicated in the tender document/schedule. Generally, they can be in Excel/PDF/RAR/JPG formats. No other format is accepted. If there is more
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than one PDF document, then they can be clubbed together in a Zip file for uploading. There is no limit for uploading file. Bids shall be submitted online only at CPP website https://etenders.gov.in/eprocure/app
Tenderer/bidders are advised to follow the instructions provided in the ‘Instructions to the Tenderer for the e-submission of the bids online through the Central Public Procurement Portal for e procurement at https://etenders.gov.in/eprocure/app
Bid documents may be scanned with 100 dpi with black and white option which helps in reducing size of the scanned document.
Intending tenderers are advised to visit CPPP website https://etenders.gov.in/eprocure/app till the closing date of submission of tender to check if there is any extension of deadline of submission of tender.
(f) Cost of Tender Document & Earnest Money Deposit (EMD) During bid submission the bidder has to select the payment option as offline to pay the Cost of Tender Document and EMD and enter details of the instruments. In case of exemption from payment of cost of tender document and EMD as a matter of Govt. Policy, the scanned copy of document in support of exemption will have to be uploaded by the bidder during bid submission. In case the bidder is registered as a vendor under the category of Micro, Small and Medium Enterprises (MSME), he must state his Udyog Aadhar Memorandum (UAM) number as registered on CPPP. The onus of proving that the bidder is exempted from payment of cost of tender document and/or EMD lies on the bidder. In this connection, it should be noted that mere opening of bid does not mean that the bid has to be considered by RITES as a valid bid. If later, it is discovered from the uploaded documents that bidder is not exempted from payment of cost of tender and/or EMD, his bid shall be treated as non-responsive. i. Cost of Tender Document: Cost of Tender Document: The Cost of Tender Document is INR 7,000/- (Rupees Seven thousand only) which is non refundable. It shall be in the form of a Banker’s Cheque/Pay Order/Demand draft favouring “RITES Ltd.” issued by a scheduled Commercial Bank, payable at Gurgaon/Delhi. No other mode of payment will be acceptable.
ii. Earnest Money Deposit (EMD) – The bids shall be accompanied by total Earnest Money Deposit (EMD) of INR 2,41,000/-(Rupees Two lakhs and Forty One Thousand only) in the form specified in Clause 9 hereinafter.
Bidders are required to upload scanned copy of acceptable instruments for EMD and Cost of Tender document in different files (Either in PDF or Zip format) during on-line submission of Bid. These documents shall be deposited in “ORIGINAL” in a sealed envelope within a week from the date of opening to: Jt. General Manager/C/SP, RITES Limited, SP (Station Development) SBU, 4th floor, Plot No. 1, Sector -29, RITES Bhawan-I, Gurgaon - 122001, Haryana. Failing which the bid shall be rejected and the bidder shall be debarred from tendering in RITES Ltd. for a period of 02 (two) years unless the lapse is condoned by the Accepting Authority at the request of the bidder for valid
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reasons. The envelope should bear the tender details (BID No., Tender Name etc.)
(g) The bid should be submitted online in the prescribed format. No other mode of submission is accepted.
(h) Bid shall be digitally signed by a representative of the bidder and submitted “on- line”. No hard copies of the documents (except those specifically asked for in the tender document) are required to be submitted.
(i) The bidders will have to accept unconditionally, the online user portal agreement which contains the Terms and Conditions of NIT including General and Special Terms & Conditions and other conditions, if any, along with on-line undertaking in support of the authenticity regarding the facts, figures, information and documents furnished by the bidder on-line in order to become an eligible bidder.
(j) The bidder has to digitally sign and upload the required bid documents one by one as indicated. Bidders to note that the very act of using DSC for downloading the bids and uploading their offers shall be deemed to be a confirmation that they have read all sections and pages of the tender/bid document including terms and conditions without any exception and have understood the entire document and are clear about tender requirements which will be binding upon the bidder.
(k) The bidders are requested to submit the bids through online e-tendering system before the deadline for submission of bids (as per Server System Clock displayed on the portal). RITES will not be held responsible for any sort of delay or the difficulties faced during online submission of bids by the bidders at the eleventh hour.
(l) The bidder may seek clarification online only within the specified period. The identity of bidder will not be disclosed by the system. RITES Ltd. will clarify the relevant queries of bidders as far as possible. The clarifications given will be visible to all the bidders intending to participate in that tender. The clarifications may be asked from the day of “PreBid Query Receipt Start Date and Time” till “Pre Bid Query Receipt End Date and Time”.
8. TENDER VALIDITY
8.1 The Tender shall be valid for a period of 90 days from the due date for submission of Tender or any extended date as indicated in sub para below.
8.2 In exceptional circumstances, during the process of evaluation of tenders and prior to the expiry of the original time limit for Tender Validity, the Employer may request that the Tenderers may extend the period of validity unconditionally for a specified additional period. The request and the tenderer’s response shall be made in writing/ e- mail. A Tenderer may refuse the request without forfeiting his Earnest Money. A Tenderer agreeing to the request will not be permitted to modify his Bid but will be required to extend the validity of the Earnest Money for the period of the extension.
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9. EARNEST MONEY
9.1 The Tender should be accompanied by earnest money of INR 2,41,000/-(Rupees Two lakhs and Forty One Thousand only) in any one of the following forms:
Banker’s Cheque/Pay Order / Demand Draft issued by any Scheduled Commercial Bank drawn in favour of RITES Ltd. and payable at Gurgaon / Delhi.
9.2 Any Tender not accompanied by scanned copies of the instruments for payment of Earnest Money and Cost of tender document in an acceptable form (or, if applicable, the scanned copy of documents in support of exemption) shall be rejected by the Employer as non-responsive.
9.3 Refund of Earnest Money
The Earnest Money of the Tenderers whose Bid is found not acceptable will be returned without interest soon after scrutiny of Bid has been completed by the Employer subject to provisions of Clause 9.4 (b). The Earnest Money of the Tenderers whose Technical Bid is found acceptable but who are neither the lowest nor the second lowest will be returned without interest within 07 days of opening of Financial Bid. The Earnest Money of the remaining unsuccessful bidders will be released within seven days of the Accepting Authority’s decision on acceptance or otherwise of the tender subject to provisions of Clause 9.4 (b). The bidder shall submit RTGS/NEFT Mandate Form as per Performa given in Annexure VII, dully filled in.
9.4 The Earnest Money is liable to be forfeited
(a) if after bid opening, but before expiry of bid validity or issue of Letter of Acceptance, whichever is earlier, any Tenderer
i. withdraws his tender; or
ii. makes any modification in the terms and conditions of the tender which are not acceptable to the Employer
(b) in case any information /document which may result in the tenderer’s disqualification is concealed by the Tenderer or any statement /information/ document furnished by the Tenderer or issued by a Bank/Agency/Third Party and submitted by the tenderer, is subsequently found to be false or fraudulent or repudiated by the said Bank/Agency/Third Party.
(c) in the case of a successful Tenderer, if the Tenderer
fails to furnish the Performance Security within the period specified under Clause 4 of Section-3 ,“Additional Special conditions” or
fails to commence the work without valid reasons within the period as specified in Time Schedule after the date of issue of Letter of Acceptance.
In case of forfeiture of Earnest Money as prescribed hereinabove, the Tenderer shall not be allowed to participate in the retendering process of the work.
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10. MODIFICATION/ SUBSTITUTION/ WITHDRAWL OF BIDS
10.1 The Tenderers shall submit offers which comply strictly with the requirements of the Tender Document as amended from time to time as indicated in Clause 6.0 above. Alternatives or any modifications by the tenderer shall render the Tender invalid.
10.2 The bidder can modify, substitute, re-submit or withdraw its E–bid after submission but prior to the deadline for submission of bids. No Bid shall be modified, substituted or withdrawn by the bidder on or after the deadline for submission of bids. Withdrawal of bid after the deadline for submission of bids would result in the forfeiture of EMD.
10.3 Any modification in the Bid or additional information supplied subsequently to the deadline for submission of bids, unless the same has been explicitly sought for by RITES, shall be disregarded.
10.4 For modification of E–bid (Technical Bid), bidder has to detach its old bid from CPP portal and upload / re-submit digitally signed modified bid.
10.5 For withdrawal of bid, bidder has to click on withdrawal icon at CPP portal and can withdraw its E–bid.
10.6 After the bid submission on the portal, an acknowledgement number will be generated by the system which should be printed by the bidder and kept as a record of evidence for online submission of bid for the particular tender and will also act as an entry pass to participate in the bid opening.
10.7 The time settings fixed in the server side & displayed at the top of the tender site, will be valid for bid submission, in the e-tender system. The bidders should follow this time during bid submission.
10.8 All the data being entered by the bidders would be encrypted using PKI encryption techniques to ensure the secrecy of the data. The data entered will not be viewable by unauthorized persons during bid submission & will not be viewable by any one until the date & time specified for bid opening.
10.9 The bidder should logout of the tendering system using the normal logout option available in the portal and not by selecting the (X) exit option in the browser.
11. AUTHORITY TO SIGN
a) If the applicant is an individual, he should sign above his full typewritten name and current address.
b) If the applicant is a proprietary firm, the Proprietor should sign above his full type written name and the full name of his firm with its current address.
c) If the applicant is a firm in partnership, the Documents should be signed by all the partners of the firm above their full type written names and current addresses. Alternatively, the Documents should be signed by the person holding Power of Attorney for the firm in the Format at Annexure III.
d) If the applicant is a limited Company, or a Corporation, the Documents shall be signed by a duly authorized person holding Power of Attorney for signing the Documents in the Format at Annexure III.
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e) If the applicant is a Joint Venture/Consortium, the Documents shall be signed by the Lead Member holding Power of Attorney for signing the Document in the Format at Annexure IV. The signatory on behalf of such Lead Partner shall be the one holding the Power of Attorney in the Format at Annexure III.
11.1 Points to be kept in mind while preparing and submitting the bids
11.1.1 Technical bid: While submitting the Technical Proposal, the Applicant shall, in particular, ensure that: (i) The payment of tender cost and EMD is made as per Clause 7(f); (ii) All forms are submitted in the prescribed formats, , Corrigendum, Addendums and Reply to Queries, submitted by tenderer shall be signed and stamped by the tenderer or his representative holding the Power of Attorney (Upload the copy of Annexure III ,Annexure IV as applicable.. (iii) Power of Attorney, if applicable, is executed as per Applicable Laws; (iv) CVs of all Professional Personnel have been included; (v) Key Personnel have been proposed only if they meet the Conditions of Eligibility laid down at Clause 2.2.2C of the ITT; (vi) No alternative proposal for any Key Personnel is being made and only one CV for each position has been furnished; However, the Applicant may furnish two CVs for the Key Personnel “Chief Architect” as specified in Clause 2.2.2C for Concept design stage and Detailed design stage respectively. In the event Applicant chooses to furnish two CVs for Chief Architect, the Chief Architect nominated for the concept stage shall necessarily be associated with the Project till the finalization of the Concept and shall undertake a minimum of 3 (three) visits at the request of the Authority. It is further clarified that each of the two CVs shall separately meet eligibility conditions specified in clause 2.2.2C in the bid Document. (vii) The CVs have been recently signed and dated in blue ink by the respective Personnel/ signed fax copy/ electronically signed and countersigned by the authorized representative of the Applicant. Unsigned / not countersigned CVs shall be rejected; (viii) The CVs shall contain an undertaking from the respective Key Personnel about his/her availability for the empanelment duration specified in the Bid Document and during period of consultancy services as per the Bid Document; (ix) Professional Personnel proposed have good working knowledge of English language; (x) Key Personnel would be available for the period indicated in the TOR given in Bid Document; (xi) No Key Personnel should have attained the age of 75 (seventy five) years at the time of submitting the Application; and (xii) The Application is responsive in terms of Clause 24 of ITT.
11.1.2 Financial Proposal While filling in the Financial Bid, the bidder shall ensure the following: i. The bidder has quoted value only in figures in all the BOQs. ii. All the costs associated with the assignment shall be included in the Financial Bid. These shall normally cover remuneration for all the Personnel (Expatriate and Resident, in the field, office etc), accommodation, air fare, equipment, printing of
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documents, etc. The total amount indicated in the Financial Bid shall be without any condition attached or subject to any assumption, and shall be final and binding. iii. There shall be no additions or alterations except those to comply with the instructions issued by the Employer or as necessary to correct errors, if any, made by the Tenderers. iv. The Financial Bid shall take into account all expenses and tax liabilities including any statutory fees / charges chargeable on fee admissible / claimed. The statutory Goods and Service Tax (GST) on contract price, as applicable, shall be paid separately on actual basis as stipulated in clause 17.4 of ITT. Further, all payments shall be subject to deduction of taxes at source as per Applicable Laws. v. There is no provision of Mobilization advance in this contract vi. Cost shall be made in INR in India only vii. Conditional Offer/ Tender will be rejected. Unconditional rebate/discounts in the Financial offer will however be accepted, if applicable. viii. The Employer reserves the right to accept or reject any conditional rebate/discounts. While evaluating the Bid Price, the conditional rebates/discounts which are in excess of the requirements of the bidding documents or otherwise result in accrual of unsolicited benefits to the Employer, shall not be taken into account. ix. The bidder is required to quote his rate in all BOQs. In case the bidder does not quote his fee / price for any / all of BOQs, it will be presumed that the bidder has quoted his fee as Zero and the tender will be evaluated by the Employer accordingly and the work executed by the successful bidder accordingly
11.2 INTEGRITY PACT –Deleted-
11.2A Whether Clause 11.2 (Integrity Pact) shall be applicable: Not Applicable 11.2B The Guidelines on Banning of Business Dealings as per Annexure-A to Annexure VI
are applicable to all contracts.
12.0 TENDER OPENING, EVALUATION AND CLARIFICATIONS
12.1 The Employer will open all the Tenders received, in the presence of the Tenderers or their representatives who choose to attend at 15.30 Hrs on 26.06.2019 in the office of Group General Manager/SP(SD), RITES Ltd., RITES Bhawan-I, Central Wing, 4th Floor, Sec-29, Plot No. 1, Gurgaon - 122001, Haryana. In the event of the specified date of the opening being declared a holiday by the Employer, the Tenders will be opened at the appointed time and location on the next working day. 12.2 Opening of bids will be done through online process. RITES reserves the right to postpone or cancel a scheduled bid opening at any time prior to its opening. Information of the same will be displayed at https://etenders.gov.in/eprocure/app CPP portal.
12.3 Bid opening committee will open the bids online in the presence of bidders or their authorized representatives who choose to attend on opening date and time. Also, the bidders can participate online during the bid opening process from their remote end through their dashboard. The bidder’s representatives, who are present, shall sign in an attendance register. At the time of technical bid opening, each bidder will be able to view on-line through CPPP, the technical bids of the bidders who have participated in the tender and whose bids have been opened.
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12.4 Bids will be opened as per date/time as mentioned in the Tender Critical Date Sheet unless the same is extended. On completion of Technical Bid Opening, each bidder will be able to view the technical bid documents of the bidders whose bids have been opened. Similarly, on the completion of Financial Bid Opening each bidder will be able to view the Financial as well as technical bid documents of the bidders whose bids have been opened. Allotted
12.5 RITES shall subsequently examine and evaluate the bids in accordance with the provision set out in the tender document.
12.6 The results of technical and financial qualification of bidders will be available on the CPP Portal at https://etenders.gov.in/eprocure/app and intimated to the bidder through system generated email or SMS.
12.7 It will be the bidder’s responsibility to check the status of their Bid on-line regularly after the opening of bid till award of work.
12.8 The bids will be evaluated for qualifying criteria as mentioned in Clause 2.2 hereinbefore. RITES shall not be responsible for any postal delay in receipt of all original documents including the cost of tender document and EMD. In case of non- receipt of these documents in original within the specified period, the bid will be treated as non-responsive.
12.9 Request for clarification/deficient documents from the bidder can be asked for either through the system or through E-mail. A system generated SMS alert will be sent to the bidder when clarifications/deficient documents are called through the system. In such a case, no separate communication will be sent in this regard. Non-receipt of email and/or SMS will not be accepted as a reason of non-submission of deficient documents or confirmatory documents within prescribed time. The date and time of submission of deficient documents cannot be extended.
12.10 After evaluation of Technical-Bid, the bidder will be able to view uploaded Tender Committee evaluation results as also the date and time of Financial Bid Opening.
12.11 The bidder will be able to view (through his Login Id) BOQ Sheets of other bidders, Comparative Chart and Financial Evaluation Summary uploaded by Tender Evaluation Committee. Without login, bidder will be able to view only Comparative Chart.
12.12 SINGLE PACKET SYSTEM – Not Applicable-
12.13 TWO PACKET SYSTEM
(a) Envelope 1 of Packet I containing scanned copy of Earnest Money along with Mandate Form as per Annexure VII, Cost of Tender Document of all the Tenderers and Authority to Sign as per Clause 11.0 will be opened first and checked. If Earnest Money and cost of Tender Document are not furnished as per tender stipulations,
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the Envelope 2 of PACKET-I (Technical Bid) and PACKET-II (Financial Bid) will not be opened and the bid will be considered as non- responsive and rejected unless the bidder has established that it is exempted from payment of Cost of Tender Document and Earnest Money Deposit. The Envelope 2 of PACKET-I (Technical Bid) of other Tenderers who have furnished scanned copies of Earnest Money and cost of Tender document as per tender stipulations will then be opened.
(b) The Employer will scrutinize the Technical Bids accepted for evaluation to determine whether each Tenderer
(i) has submitted ‘Authority to sign’ as per Clause 11.0 above and Integrity Pact(where applicable) duly signed and witnessed as per Clause 11.2 above;
(ii) meets the Qualification Criteria stipulated in Clause 2.0
(iii) In case of IRSDC empanelled firms, the bidders are required to submit an undertaking in Performa 3 along with their technical bid, stating, that on the day of submission of bid the bidder is meeting all the minimum qualification requirements as per the stipulations of this tender.
(c) If required, the Employer may ask any such Tenderer for clarifications on his Technical Bid through CPPP or through E-mail. The tenderer shall furnish the same online only in case clarifications are sought through CPPP and through E-mail if clarifications are sought through E-mail. If a Tenderer does not submit the clarification/document requested, by the specified time, the bid of such Tenderer is likely to be evaluated on the available merits and the bidder shall have no right for remedies. PACKET-II (Financial Bid) of Tenderers whose Technical Bids are not found acceptable will not be opened. Such tenderers will be informed about non- acceptance of their Technical Bid through system generated SMS/E-mail. The tenderers whose Technical Bids are found acceptable will be advised accordingly and will also be intimated through e-mail the time and date and place where and when PACKET-II (Financial Bid) will be opened.
(d) At the appointed place, time and date, in the presence of the Tenderers or their representatives who choose to be present, the Employer will open the online PACKET-II (Financial Bid).
12.14 Mere Opening of Bid to be No Guarantee of its Validity
It may be noted that mere opening of a bid does not mean that the bid has to be considered by RITES as a valid bid. All bids will be evaluated to decide whether the bids are responsive or non- responsive.
13.0 INSPECTION OF SITE BY THE TENDERERS
Bidders are encouraged to submit their respective applications after visiting the Project Site and ascertaining for themselves the site conditions, traffic, location, surroundings, climate, access to the site, real estate potential, local bye laws, FSI etc., Applicable Laws and regulations or any other matter considered relevant by them. A Tenderer shall be deemed to have full knowledge of the site whether he inspects it or not and no extra charges consequent on any misunderstanding or otherwise shall be allowed.
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14.0 EMPLOYER’S RIGHT ON ACCEPTANCE OF ANY TENDER
(i) If required, the Employer may ask any Tenderer the breakdown of unit rates. If the Tenderer does not submit the clarification by the date and time set in the Employers request for clarification, such Tender is likely to be rejected.
(ii) The competent authority on behalf of the Employer does not bind himself to accept the lowest or any other Tender and reserves to himself the authority to reject any or all the Tenders received without the assignment of any reason. All Tenders in which any of the prescribed conditions is not fulfilled or any condition is put forth by the Tenderer shall be summarily rejected.
15.0 CANVASSING PROHIBITED
Canvassing whether directly or indirectly, in connection with tenders is strictly prohibited and the tenders submitted by the Agencies who resort to canvassing will be liable to rejection.
16.0 EMPLOYER’S RIGHT TO ACCEPT WHOLE OR PART OF THE TENDER
The competent authority on behalf of the Employer reserves to himself the right of accepting the whole or any part of the tender and the Tenderer shall be bound to perform the same at the rates quoted.
17.0 MISCELLANEOUS RULES AND DIRECTIONS
17.1 The Tenderer shall not be permitted to tender for works if his near relative is posted as Associated Finance Officer between the grades of AGM(F) and J.M (F) in the concerned SBU Unit of RITES or as an officer in any capacity between the grades of GGM/GM and Engineer (both inclusive) of the concerned SBU of the Employer. He shall also intimate the names of persons who are working with him in any capacity or are subsequently employed by him and who are near relatives to any Officer of Engineer rank and above in the organization of the Employer. Any breach of this condition by the Tenderer would render his Tender to be rejected.
No Officer of Engineer rank and above employed in Engineering or Administrative duties in an Engineering Department of the Organisation of the Employer is allowed to work as an architectural/ Technical Consultant for a period of one year after his retirement from the Employer’s service without the previous permission of the Employer in writing. The contract is liable to be cancelled if either the Sub consultant or any of his employees is found any time to be such a person who had not obtained the permission of the Employer as aforesaid before submission of the tender or engagement in the Technical Consultant’s service.
17.2 If required by the Employer, the Tenderers shall sign a declaration under the officials Secret Act 1923, for maintaining secrecy of the tender documents drawings or other records connected with the work given to them. The unsuccessful Tenderers shall return all the drawings given to them.
17.3 Not Applicable.
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17.4 Price/rates quoted by the bidder in respect of the tender shall be after considering all input credits and inclusive of all taxes and cess etc. other than GST on Contract Price. The GST leviable on Contract Price shall be paid in addition to the Contract Price as mentioned below.
In the bills for the works done, the Technical Consultant shall charge GST separately. It is the responsibility of the Technical Consultant to pay GST to the Government concerned and file statutory return within due date prescribed under the respective Act. For RITES to get input credit, it is necessary that the amount get reflected in the return. In case the next Running Account Bill (RA Bills) are submitted before due date of filing of return, documentary evidence is to be submitted by the Consultant/agency in the subsequent running account bill. The procedure for payment of bills shall be as under:
i. The Technical Consultant may be asked to charge GST separately in his bills.
ii. The GST amount so claimed shall be paid along with payment of running account bill.
iii. The technical consultant has to furnish the documentary evidence of the deposit of the GST or a copy of the return in case of adjustment of available input credit, whichever is earlier, before processing of subsequent RA bills. Else, the Engineer- in-Charge shall withhold the GST amount so paid in the previous bill(s), in the subsequent/next RA bill(s).
iv. Amount to be withheld shall relate only to the extent of GST not deposited or adjusted within due date of filling of return.
In case of final bill, GST amount so deposited shall be reimbursed by the Engineer- in-Charge only after the Consultant furnishes the documentary evidence of actual deposit of GST to the credit of Government and is reflected against the GSTIN of the employer.
Regarding payment of GST to the Technical Consultant, the decision of Engineer- in-Charge shall be binding on the Consultant.
17.5 Each Bidder shall submit only one Bid either as an individual or as a Proprietor in a Proprietary firm or as a Partner in a Partnership firm or as a Director of a Limited Company/Corporation or as a Partner in a Joint Venture/Consortium. Any Bidder who has submitted a Bid for a work, shall not be a witness for any other Bidder for the same work. Failure to observe the above stipulations would render all such Tenders submitted as a Bidder and/or as a witness, liable to summary rejection.
17.6 The Technical Consultant shall be fully responsible for all matters arising out of the Performance of the Contract and shall, at his own expense, comply with all laws/acts/enactments/orders/regulations/obligations whatsoever of the Government of India, State Government, Local Body and any Statutory Authority.
18.0 SIGNING OF CONTRACT AGREEMENT
18.1 The Tenderer whose tender has been accepted will be notified of the award by the Employer by issue of a ‘Letter of Acceptance’ prior to expiration of the Bid Validity period.
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The Letter of Acceptance will be sent to the Technical Consultant in two copies one of which he should return promptly, duly signed and stamped. The Letter of Acceptance will be a binding Contract between the Employer and the Technical Consultant till the formal Contract Agreement is executed.
18.2 Within the period as specified in Clause 4.0 of ‘Section 3C - Additional Special conditions’ from the date of issue of Letter of Acceptance, the successful Tenderer shall deliver to the Employer, Performance Security in the format prescribed.
18.3 The Tenderer whose Tender is accepted shall be required to submit at his cost stamp papers of appropriate value as per the provisions of Indian Stamp Act within 15 days of the date of issue of Letter of Acceptance.
18.4 At the same time the Employer notifies the successful Tenderer that his Tender has been accepted, the Employer will direct him to attend the Employer’s office within 28 days of issue of Letter of Acceptance for signing the Agreement in the Performa at Annexure V. The Agreement will however be signed only after the Technical Consultant furnishes Performance Security and hence, where justified, the period of 28 days stipulated above will be extended suitably. 18A Amendment to contract The conditions and clauses of this contract cannot be varied except through a written Supplementary Agreement with mutual consent of both the parties to the contract. 19.1 PRE-QUALIFICATION PERFORMA
The bidder shall fill the all the Forms i.e Form-1 to Form-8 of Annexure IX. The bid will be evaluated only considering those details and corresponding documents as mentioned in Clause 28 and no other details/certificate/document will be taken in to consideration while evaluating the bid to decide whether the bidder is qualified or not.
19.0 EVALUATION PROCESS The Agencies/bidders who fulfill the minimum eligibility requirements as given in Clause 2.2 shall be considered eligible for further evaluation of their Technical bids subject to their meeting all other criteria mentioned elsewhere in this tender document under various clauses.
19.1 Evaluation of Technical Proposal The technical proposal will be evaluated in 2 stages. Stage 1 will be of qualifying nature. In Stage 1, the bids submitted by Non Empanelled firms with IRSDC (under Category A & B) will be evaluated. The bidders who qualify this stage by obtaining minimum 80% marks will be considered for stage 2 evaluation. The scoring criteria is described at Clause 19.1.1.
Those bidders who are already empanelled with IRSDC under Category A & B as Technical Consultant and whose bids are found responsive will be presumed as qualified for Stage-1 and shall directly proceed for stage 2 evaluation.
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19.1.1 The scoring criteria for Stage 1 Evaluation of technical bid shall be as follows:
Item Parameter Maximum Criteria Code Marks 1 Relevant 20 (i) Number of eligible assignments Experience of undertaken by the Applicant firm as per the Applicant clause 19.1.2 (i) No. of Assignments Marks Allotted as per para (i) above 2 1 3 3 4 4 5 5 >5 7 (ii) Number of eligible assignments undertaken by the Applicant firm as per clause 19.1.2 (ii) No. of Assignments Marks Allotted as per para (i) above 2 1 3 3 4 4 5 5 >5 7 Number of awards won by the applicant Firm No. of Awards won Marks Allotted 2-4 2 5-8 4 >8 6 a) Only International level awards for planning and architectural design received in last 12 (twelve) years from Application Due Date would be considered. b) Awards received by all members of JV/consortium shall be added together for
evaluation 2 Annual 5 Average Annual income of Applicant in Revenue from the past 3 years {Form 1, Annexure IX} Professional or in case of JV/ Consortium, aggregate of fees the average annual income calculated as total certified payments received per annum from professional fees in progress and or/ completed in last 3 (three) financial years preceding Bid Submission Date of each member of the JV/Consortium shall be reckoned, as per Clause 2.2.2 (B)
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Avg. Annual Marks Allotted Revenue (Rs Crore) 2-10 1 >10-20 3 >20 5
3 Relevant 50 Experience of the Key Personnel 3(a) Chief Urban 20 Designer/ Number of Marks Planner cum Eligible Allotted Team Leader Assignments (the “Team 3 9 Leader”) >3 to 5 12 >5 to 10 15
>10 20 3(b) Chief Architect 15 Number of Marks Eligible Allotted Assignments 3 6 >3 to 5 9 >5 to 10 12 >10 15 In the event Applicant chooses to furnish two CVs for Chief Architect, both the CVs will be evaluated and an average score of two CVs shall be considered for evaluation of Score at the tender
stage 3(c) Station/bus 15 Number of Marks Allotted terminal Eligible Planning Expert Assignments 3 6 >3 to 5 9 >5 to 10 12
>10 15 Grand Total 75
Awarding of marks for the Average Annual Revenue, number of Eligible Assignments, Key Personnel Slab method of marking is adopted.
19.1.2 Eligible Assignments For the purposes of determining Conditions of Eligibility and for evaluating the Proposals under this Tender, consultancy assignments in respect of architectural planning, master planning, urban design, or feasibility report for the following
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projects shall be deemed as eligible assignments (the “Eligible Assignments”):
(i) Development of a railway station, metro station, LRT, Mono-rail, High speed rail, bus terminal/ station, airport, Multi Modal Transit Hub and having an estimated capital cost (excluding land) of at least Rs. 50,00,00,000 ( Rupees fifty Crore) in case of a project in India, and US$ 10 million (US$ Ten million) for projects elsewhere; (ii) Development of urban projects (such as district centres, shopping malls, educational campus, residential township, hospitals etc.) covering an area of 2 (two) acres each or more or other urban building complex dedicated for public use (e.g. sports complex, exhibition complex, convention centre etc.) and having an estimated capital cost of at least Rs. 125 (Rupees One Hundred Twenty Five Crore) (excluding land) in case of a project in India, and US$ 25 million (US$ Twenty Five million) for projects elsewhere.
Provided that the Applicant firm claiming credit for an Eligible Assignment shall have, prior to Application Due Date, received professional fees of at least Rs.50,00,000 (Rupees 50 lakh) in case of projects in India, and US$ 0.5 million for projects elsewhere for respective assignment and where credit is being claimed by a Key Personnel for an ongoing Eligible Assignment, she/he should be available to RITES for the services as Key Personnel for undertaking the consultancy assignment.
For claiming projects/assignments under Clause 19.1.2 Definition of Eligible Assignments, Applicant is allowed to claim escalation related to Estimated Capital Cost and professional fees as under: The escalation shall be computed as following:
Estimated capital cost/Professional fees time Escalation period factor 01.01.2018- Bid Submission date 1.0 01.01.2017- 31.12.2017 1.0 01.01.2016- 31.12.2016 1.1 01.01.2015- 31.12.2015 1.1 01.01.2014- 31.12.2014 1.2 01.01.2013- 31.12.2013 1.2 01.01.2012- 31.12.2012 1.3 01.01.2011- 31.12.2011 1.3 01.01.2010- 31.12.2010 1.4 01.01.2009- 31.12.2009 1.4 01.01.2008- 31.12.2008 1.5 01.01.2007- 31.12.2007 1.5
For the purpose of clarity, the date of last tranche/latest date of professional fees received shall be reckoned for computation of escalation as per the escalation factor above and it should be duly certified by Statutory Auditor.
Page 32 of 129 In the case of estimated capital cost of the project, the date and estimated capital cost of the project duly certified by the respective Client or Statutory Auditor shall be reckoned for computation of escalation as per the escalation factor above.
19.1.3 One Eligible Assignment shall be scored as two Eligible Assignments if it is relating to:- (i) a railway station, metro station, bus terminal/ station having capacity of at least 10 (ten) million passengers per annum, (ii) airport having capacity of at least 5 (five) million passengers per annum. Provided further that if the Applicant firm is taking credit for an Eligible Assignment which was undertaken for a private sector entity, such assignment shall have been completed prior to Application Due Date and the Applicant shall have received professional fees of at least Rs. 1 (one) Crore.
19.1.4 Submission stipulation for Illustrative project proposal (a) RITES will evaluate the Illustrative Proposal of the bidders who have qualified the Stage 1 by obtaining minimum 80% marks and those bidders who were empanelled by IRSDC in Category A & B as Technical Consultant. An illustrative technical proposal shall be submitted by the bidders on Borivali Railway station as stated below. The proposal should be in brief and shall be evaluated on the parameters indicated in the table below. The bidders are required to submit the proposal on Borivali Railway station as stated in this document explaining their proposed scheme/concept through conceptual drawings, master plans, Building Plans, Elevations, 3D panoramic views etc suitable to understand the proposed scheme of the station and other relevant supporting documents in RAR/ZIP along with the technical bid on CPP Portal. It is hereby clarified that the Contents of Technical Proposal shall be used for public display and bidders shall have no reservation “whatsoever” for such public display of his proposal. (b) The scoring criteria to be used for evaluation shall be as follows.
S. No Parameter Maximum Marks 1. Understanding of Project background and appreciation of 5 Terms of Reference 2. Deployment of Key personnel 10 2.1 Deployment details of Key Personnel 2.2 Deployment schedule 3. Architectural vision 15 3.1. Creative Value of the Architectural Vision 3.2. Planning for Passenger movement (preferably including Segregation of arriving and departing passengers) and Real Estate users mobility 4. Transport planning 10 4.1. Project land access and dispersal as per the project components 4.2. Universal accessibility
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4.3. Seamless Integration with surrounding uses and transit modes 4.4. Parking &Internal Circulation 4.5. Traffic circulation around Project area (impact and mitigation) 5. Implementability and constructability along with 10 challenges, constraints and requisite approvals 5.1 Adherence to Site data (Both Generic & and specific) 5.2 Optimization & Rationale of Station/Infrastructure Development Cost 5.3. Integration of Station and proposed commercial area development 6. Real Estate Potential & Tapping Strategy 20 6.1. Strategies for Value maximization 6.2. Quality of the Urban Design Proposal for maximization of real estate potential 6.3 Broad estimation of cost of development and expected surplus 7. Compliance of Planning with Local by Laws 10 7.1. Innovations in planning to utilise the local byelaws for maximization of revenues Total Marks 80
(c) Based on the above technical evaluation, the Bidders shall be ranked from highest to the lowest on the basis of their technical score (ST). They will be designated as T1, T2, T3, T4 and so on based on their Technical Score (ST) from highest to lowest respectively.
19.2 Evaluation of Financial Bids 19.2.1 After the technical evaluation as above, the Financial Bids of first six Bidders only with highest technical scores (i.e. T1, T2, T3, T4, T5 and T6 only) shall be opened. 19.2.2 After the Financial Bids are opened as above, the Financial Bids will be ranked from lowest to highest and designated as L1, L2, L3, L4, L5 and L6 respectively.
19.3 Combined Techno-Financial Evaluation (QCBS) 19.3.1 A combined techno-financial evaluation will be carried out based on QCBS method as described below. 19.3.2 Each of the above Six Financial Bids (i.e. L1, L2, L3, L4, L5 and L6) will be assigned a Financial score (SF). The lowest Financial Bid (L1) will be given a financial score (SF) of 20 points. The financial scores of other Bids will be computed as follows: SF of L1 = 20 SF of L2 = 20 x L1/L2 SF of L3 = 20 x L1/L3 and so on 19.3.3 The Combined technical (ST) and financial (SF) scores will be computed as follows: S = ST + SF Where S is the Combined Score.
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19.3.4 The Bidder who scores highest Combined Score as above shall be the Selected Bidder. The Bidder with second highest Combined Score shall be kept in reserve and may be invited for negotiations in case the Bidder with highest Combined Score withdraws.
20.0 BRIEF NOTICE INVITING E-TENDERS
GGM/SP(SD) SBU Head, RITES Ltd. Invites bids on Two Packet system for and on behalf of IRSDC the following work on QCBS basis. No other mode of submission shall be accepted.
Estimated Last Date & Name of Cost of Time & Date S. NIT Fee of Earnest Period of Time of Work & Tender of Opening No. No. Technical Money Completion submission of Location Document of Bid Consultant Bid
1 2 3 4 5 6 7 8 9 1 RITES Appointment INR NA INR As per 25.06.2019 26.06.2019 /SP(S of Technical 7,000/- 2,41,000 time upto 15:30 at 15:30 consultant D)/BI /- schedule hours hours D- for providing No. 1.3 BVI/T Architectural above of Planning & ech- Engineering ITT Consul services for tancy/ preparation 2019/ of Station development plan for re- development of Borivali (BVI) (Railway stations along with commercial development of land parcels adjoining the Railway station
21.0 The bid document and the set of terms and conditions of the contract to be complied with and other necessary documents can be seen on CPP Portal https://etenders.gov.in free of cost.
22.0 After submission of the bid the bidder can re-submit revised bid any number of times but before last time and date of submission of bid as notified.
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23.0 While submitting the revised/modified Financial bid, the bidder can revise/modify the rate of one or more item(s) any number of times (he need not re-enter rate of all the items) but before last time and date of submission of bid as notified.
24.0 The bid submitted shall become invalid if:
(i) The bidder is found ineligible.
(ii) The bidder does not upload all the documents as stipulated in the bid document including the undertaking about deposition of physical EMD and Cost of Tender Document of the scanned copy of EMD and Cost of Tender Document uploaded.
(iii) If any discrepancy is noticed between the documents as uploaded at the time of submission of bid and hard copies as submitted physically by the lowest bidder in the office of bid opening authority.
(iv) The bidder does not deposit physical instruments of EMD and Cost of Tender Document within a week of opening of technical bid.
25.0 Those bidders not registered on the website mentioned above, are required to get registered beforehand. If needed they can go to CPP Portal https://eprocure.gov.in/eprocure/app?page=BiddersManualKit&service=pagebidders manual kit.
26.0 The intending bidder must have valid Class-III digital signature to submit the bid.
27.0 On opening date, the bidder can login and see the bid opening process. After opening of bids he will be able to view the competitors’ bid documents.
28.0 List of Document to be scanned and uploaded within the period of bid submission: -
1. Banker’s Cheque/Pay Order/Demand Draft towards cost of Tender Document in accordance with Clause 7.0 (f) hereinbefore. OR Document in support of exemption from payment of cost of Tender Document and Udyog Aadhar Memorandum (UAM) number.
2. Banker’s Cheque/ Pay Order/ Demand Draft towards Earnest Money Deposit (EMD) in accordance with Clause 9 hereinbefore. OR Document in support of exemption from payment of EMD and Udyog Aadhar Memorandum (UAM) number.
3. Self-attested copy of Authority to Sign (if required as per Clause 11.0 d) hereinbefore) in the format given at Annexure III as applicable.
4. Self-attested copy of RTGS/NEFT details as per Annexure- VII.
5. Self-attested copy of Form -1, Annexure –IX i.e. Financial Capacity of the
Applicant duly certified by the Statutory Auditor. 6. Self-attested copy of Form -2 , Annexure –IX i.e. Particulars of Key Personnel and
other Professional Personnel 7. Self-attested copy of Form -3, Annexure –IX i.e. Abstract of Eligible Assignments
of the Applicant duly certified by the Statutory Auditor.
Page 36 of 129 8. Self-attested copy of Form -4, Annexure –IX i.e. Abstract of Eligible Assignments of Key Personnel
9. Self-attested copy of Form -5, Annexure –IX i.e. Eligible Assignment of Applicant. 10. Self-attested copy of Form -6, Annexure –IX i.e. Eligible Assignment of Key Personnel duly signed by respective key personnel and countersigned by Authorized Signatory. 11. Self-attested copy of Form -7, Annexure –IX i.e. CV of Professional Personnel duly signed by respective key personnel and countersigned by Authorized Signatory. 12. Self-attested copy of Form -8, Annexure –IX 13. Illustrative proposal as per clause 19.1.4 (a) of ITT in RAR/ZIP format 14. Self-attested copy of valid Certificate of registration with Council of Architecture of the Team Leader and Chief Architect as specified in clause 2.2.2 (C) above. 15. Self-attested copy of Declaration by the Bidder in the format given in Performa 3 of Annexure I. 16. Self-attested copy of Guidelines on Banning of Business Dealings as per Annexure- A. 17. Self-Attested Copy of Partnership Deed/Memorandum and Articles of Association of the firm. 18. Self-Attested copy of Addendum/Corrigendum(s),/Reply to Pre-Bid queries if any. 19. Self-certified copy of the Joint Venture/Consortium Agreement/Memorandum of Understanding as per Annexure II (where Joint Venture/Consortium is allowed). 20. Self-attested copy of Power of Attorney in favour of Lead Member as the Lead Member of JV/Consortium executed by the authorized representatives of all the members of JV/Consortium as per Annexure IV (where Joint Venture/Consortium is allowed) 21. Self-attested copy of GST Registration Certificate (As applicable). Note: - IRSDC empanelled agencies under category ‘A’ and ‘B’ are not required to submit the documents at S. No. 5 to S. No. 11 & S. No. 14 above. IRSDC empanelled agencies shall also submit the empanellement letter with the bid. Further, any clarification / deficient document(s) sought by RITES Ltd. as per Clause shall be submitted by the bidder online only. 29.0 List of Documents to be submitted physically by the Bidder securing Highest Combined Score within a week of the opening of Financial Bid: - 1. Self-attested copy of PAN/TAN issued by income Tax Department. 2. Self-attested copy of registration under Labour Laws like PF, ESI etc. 3. Self-attested copy of ISO 9000 Certificate. (if any) 4. Self-attested copies of all the documents specified in Clause 28.0 above. 30.0 RITES Ltd. may approach any Bank, Individual, Employer, Firm or Corporation, whether mentioned in the documents submitted by bidders or not, to verify the credentials and general reputation of the bidder and where JV/Consortium is allowed the credentials and general reputation of lead member & each Member of Joint Venture/Consortium.
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31.0 Substitution of Key Expert 31.1 RITES will not normally consider request of the selected Bidder for substitution of Key Expert(s) during negotiations as the ranking of the Bidder is based on the evaluation of the Key Expert(s), and any change therein may upset the ranking. Substitution, will, however be permitted on the merits of the case and availability of sufficient evidence of the Key Expert(s) not being available for reasons of any permanent long-term disability or death and, subject to equally or better qualified and experienced Expert(s) being provided to the satisfaction of RITES at their sole discretion. 31.2 RITES expects all the proposed Key Expert to be available during implementation of the Agreement. RITES will not consider substitution of Key Expert except under exceptional circumstances. Such substitution shall be limited up to three Key Experts only, subject to equally or better qualified and experienced Expert being provided to the satisfaction of RITES.
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ANNEXURE – I
QUALIFYING CRITERIA FOR TECHNICAL CONSULTANT
1. Technical Capacity: Refer clause 2.2 of ITT above 2. Financial Capacity : Refer clause 2.2 of ITT above 3. Availability of Key Personnel : Refer clause 2.2 of ITT above 4. Conditions of eligibility of Key Personnel: Refer clause 2.2 of ITT above 5. Servicing of Loan/Credit limit: Not Applicable 6. Points to Note on Satisfaction of Qualifying Criteria in case of both Large And Normal Works : Not Applicable 7. DISQUALIFICATION ON CERTAIN GROUNDS
Even though the Bidders may meet the above qualifying criteria, they are subject to be disqualified if they have
a) Concealed any information/document which may result in the Bidder’s disqualification or if any statement/information/document furnished by the Bidder or issued by a Bank/Agency/ Third party and submitted by the Bidder, is subsequently found to be false or fraudulent or repudiated by the said Bank/Agency/Third Party. In such a case, besides Bidder’s liability to action under para 9.4 of Instructions to Tenderers, the Bidder is liable to face the penalty of banning of business dealings with him by RITES. b) Misrepresentation related to their empanelment in IRSDC or concealed any material change in the status prior to this tender.
c) Records of any contract awarded to them, having been determined during the past three years prior to the dead line for submission of bids.
d) Been declared as Poor Performer by RITES and their name is currently in the ‘Negative List’ of RITES.
e) Their business banned or suspended by any Central/State Government Department/ Public Undertaking or Enterprise of Central/State Government and such ban is in force.
f) Not submitted all the supporting documents or not furnished the relevant details as per the prescribed format.
A declaration to the above effect in the form of affidavit on stamp paper of Rs. 10/- duly attested by Notary/Magistrate should be submitted as per format given in Performa 3 enclosed.
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Proforma-1
LIST OF SIMILAR WORKS SATISFYING QUALIFICATION CRITERION COMPLETED DURING THE LAST 5 YEARS
Not Applicable
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Performa 2
SOLVENCY CERTIFICATE FROM A NATIONALIZED OR A SCHEDULED BANK
-Deleted-
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Performa 3
DECLARATION BY THE BIDDER
(Affidavit on Non-Judicial Stamp Paper of Rs.10/- duly attested by Notary/Magistrate)
This is to certify that We, M/s………………………………, in submission of this offer confirm that: - i) We have visited the site of work and seen the working conditions, approach road/path, availability of water, electricity, construction labour, construction materials and other relevant requirements connected with the work. ii) We have neither concealed any information/document which may result in our disqualification nor made any misleading or false representation in the forms, statements and attachments in proof of the qualification requirements;
iii) During the past three years prior to the deadline for submission of bids, no contract awarded to us has been determined. iv) No Central/State Government Department/Public Sector Undertaking or Enterprise of Central/State Government has banned/suspended business dealings with us as on date. v) We have submitted all the supporting documents and furnished the relevant details as per prescribed format and we agree to submit, without delay additional information/documents which may be demanded by RITES Ltd. vi) The information and documents submitted with the Tender and those to be submitted subsequently by way of clarifications are correct and we are fully responsible for the correctness of the information and documents submitted by us. vii) We have not failed to service the principal amount or interest or both of a loan account/credit limit from any Bank or Financial Institution during a period of one year prior to the deadline for submission of bids. viii) *The original instruments of EMD and Cost of Tender Document, in physical form shall be deposited by us with RITES Ltd. within a week from the date of opening of Technical Bid failing which RITES Ltd. may reject the bid and also take action to debar us from participating in Tenders invited by RITES Ltd. for a period of two years.
OR
*We are exempted from payment of cost of Tender Document and EMD and the certified copies of original documents in support of such exemption shall be deposited by us with RITES Ltd. within a week from the date of opening of Technical Bids and original documents produced on demand, failing which RITES Ltd. may reject the bid and also take action to debar us from participating in Tenders invited by RITES Ltd. for a period of two years.
(* Delete whichever is not applicable) ix) We understand that in case any information/document which may result in our disqualification is concealed by us or any statement/information/document furnished by us or to be furnished by us in connection with this offer, or issued by
Page 42 of 129 Bank/Agency/Third Party is subsequently found to be false or fraudulent or repudiated by the said Bank/Agency/Third Party, business dealings with us may be banned. x) ** We are empanelled with IRSDC under Category 'A'/'B' and We have neither Misrepresented facts related to empanelment in IRSDC nor concealed any material change in the status prior to this tender (**applicable only for IRSDC empanelled technical Consultant under Category A & B)
SEAL, SIGNATURE & NAME OF THE BIDDER
Signing this document
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ANNEXURE II
DRAFT MEMORANDUM OF UNDERSTANDING EXECUTED BY MEMBERS OF THE JOINT VENTURE /CONSORTIUM
(On each firm’s Letter Head)
From ……………………… ………………………
To RITES Ltd. ………………………
Dear Sir,
Re: RITES Tender Notice No………………….. dated ………….. for ……………………………………… (Name of Work)
We wish to conform that our company/firm (delete as appropriate) has formed a JV/Consortium with ………………………………………. (insert names of all other members of the group) for purposes associated with your Tender No ...... (Members who are not the Lead Member of the JV/Consortium should add the following paragraph) *
* The JV/Consortium is led by ………………………………. (insert name of the Lead Member) whom we hereby authorize to act as leader on our behalf for the purposes of submission of Bid for ………………………. (name of work) and to incur liabilities and receive instructions for and on behalf of any and all the partners of the Joint Venture/Members of the JV/Consortium. For this purpose, we have executed a Power of Attorney in favour of ……………………………. (name of the Lead Member) (Member who is the Lead Member of the JV/Consortium should add the following paragraph) **
** In this JV/Consortium we act as Lead Member and for the purposes of bidding for the work, represent the JV/Consortium.
Till the award of work, the Lead Partner shall furnish Bid bond and all other bonds/guarantees to the Employer on behalf of the Joint Venture/consortium, which shall be legally binding on all the partners of the Joint Venture/Consortium.
In the event of our JV/Consortium being awarded the contract we agree to be jointly with …………………………… (insert names of all other members of the JV/Consortium) and severally liable to RITES, its successors and assigns for all obligations, liabilities, duties and responsibilities arising from or imposed by the contract subsequently entered into between RITES and our JV/Consortium.
The precise responsibility of the Lead Member and other Members of the JV/Consortium in respect of planning, design, construction equipment, key personnel, work execution and financing of the Work including Percentage of financial participation by each Member will be as indicated in the Annexure. These shall not be varied/ modified subsequently without your prior approval.
We further agree that entire execution of the contract shall be carried out exclusively through the Lead Member.
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In case our Bid is successful, the Joint Venture/Consortium Agreement incorporating the above provisions will be executed within 15 days of receipt of Letter of Acceptance from you and shall be registered at the place where the Agreement will be signed, so as to be legally valid and binding on all Members of the Consortium/JV.
We agree that the Joint Venture/Consortium Agreement shall be valid during the entire currency of the Contract including the period of extension if any, and the maintenance period after the work is completed. We further confirm that we shall open a Bank Account in the name of JV/Consortium and all payments due to the JV/Consortium shall be made by you by crediting to that Account. To facilitate statutory deductions such as towards Income Tax and GST made from the amounts due to us against our bills, being credited to the concerned Government departments, we shall obtain PAN/TIN number etc. as required and advise you the details before claiming our first on-account bill.
We affirm that the Integrity Pact with the Employer in the format at Annexure VI (if applicable) shall be signed by the Lead Member duly witnessed, on behalf of the Joint Venture/Consortium. All Members including the Lead Member shall comply with the provision in the Integrity Pact and any violation of the Integrity Pact by any Member shall be construed as violation by the Joint Venture/Consortium.
Encl: Annexure.
Yours faithfully,
Signature ………………………….……….
(Name of Signatory) …………….……….…
(Capacity of Signatory) …………………….
Seal
Witness 1 Witness 2 Name Name Address Address Occupation Occupation
Note: To be executed by each Member of the JV/Consortium individually.
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ANNEXURE III
FORMAT FOR POWER OF ATTORNEY TO AUTHORISED SIGNATORY POWER OF ATTORNEY
(To be executed on non-judicial stamp paper of the appropriate value in accordance with relevant Stamp Act. The stamp paper to be in the name of the firm/company who is issuing the Power of Attorney)
We, M/s………………………………………. (name of the firm/company with address of the registered office) hereby constitute, appoint and authorize Mr./Ms.………………………. (Name and residential address) who is presently employed with us and holding the position of…………………………. and whose signature is given below as our Attorney to do in our name and our behalf all or any of the acts, deeds or things necessary or incidental to our bid for the work ………………………………….(name of work), including signing and submission of application/proposal, participating in the meetings, responding to queries, submission of information/documents and generally to represent us in all the dealings with RITES or any other Government Agency or any person, in connection with the works until culmination of the process of bidding, till the Contract Agreement is entered into with RITES and thereafter till the expiry of the Contract Agreement.
We hereby agree to ratify all acts, deeds and things lawfully done by our said Attorney pursuant to this Power of Attorney and that all acts, deeds and things done by our aforesaid Attorney shall always be deemed to have been done by us.
Our firm is a Member/Lead Member of the Joint Venture/Consortium of ………………………, ……………. and ………………
Dated this the……………… day of………………… 20…….
(Signature and name of authorized signatory being given Power of Attorney) ……………………………………………..
(Signature and name in block letters of *All the partners of the firm, *Authorized Signatory for the Company)
(*Strike out whichever is not applicable)
Seal of firm/ Company
Witness 1: Witness 2: Name: Name: Address: Address: Occupation: Occupation:
Notes:
- In case the Firm/Company is a Member of a Joint Venture/Consortium, the authorized signatory has to be the one employed by the Lead Member.
- 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.
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ANNEXURE IV
FORMAT FOR POWER OF ATTORNEY TO LEAD MEMBER OF CONSORTIUM / JOINT VENTURE
(To be executed on non-judicial stamp paper of the appropriate value in accordance with relevant Stamp Act. The stamp paper to be in the name of the company who is issuing the Power of Attorney)
Whereas ______RITES Ltd. has invited bids for ______(Name of work)
Whereas, the Members of the Consortium/ Joint Venture comprising of M/s.______, M/s.______, M/s.______and M/s.______(the respective names and addresses of the registered offices to be given) are interested in bidding for the work and implementing the same in accordance with the terms and conditions contained in the bid documents.
Whereas, it is necessary for the members of the Consortium/Joint Venture to designate one of them as the Lead Member with all necessary power and authority to do, for and on behalf of the Consortium/ Joint Venture, all acts, deeds and things as may be necessary in connection with the Consortium’s/ Joint Venture’s bid for the work.
NOW THIS POWER OF ATTORNEY WITNESSETH THAT
We, M/s.______, M/s ______and M/s______hereby designate M/s. ______being one of the members of the Consortium/JV, as the Lead Member of the Consortium/JV, to do on behalf of the Consortium/JV, all or any of the acts, deeds or things necessary or incidental to the Consortium’s/JVs bid for the work, including submission of application proposal, participating in meetings, responding to queries, submission of information/documents and generally to represent the Consortium in all its dealings with RITES or any other Government Agency or any person, in connection with the work until culmination of the process of bidding till the contract agreement is entered into with RITES and thereafter till the expiry of the contract agreement.
We hereby agree to ratify all acts, deeds and things lawfully 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 shall always be deemed to have been done by us/Consortium.
Dated this the ______day of ______20
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______(Signature and Name in Block letters of *All the Partners of the firm / * Authorised Signatory for the Company)
______(* Strike out whichever is not applicable) Seal of firm / Company
Witness 1 Witness 2 Name: Name: Address: Address: Occupation: Occupation:
Notes:
- To be executed by all the members individually, in case of a Consortium/ Joint Venture.
- 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.
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ANNEXURE V FORM OF AGREEMENT
(ON NON JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)
Agreement No. ……………………………… dated ………………….
THIS AGREEMENT is made on………… day of…………………… Two thousand ………………. Between RITES Ltd. a Government of India Enterprise and a Company registered under Companies Act, 1956 having its registered office at SCOPE Minar, Laxmi Nagar, Delhi -110092 and its Corporate Office at RITES BHAWAN, Plot No.1, Sector 29, Gurgaon (Haryana) representing through ………………………………, RITES LIMITED acting for and on behalf of IRSDC and as an Agent /Power of Attorney Holder of …………………. hereinafter called the Employer (which expression shall, wherever the context so demands or requires, include their successors in office and assigns) on one part and M/s…………………. hereinafter called the Technical Consultant (which expression shall wherever the context so demands or requires, include his/ their successors and assigns) of the other part.
WHEREAS the Employer is desirous that certain works should be executed viz. ………………………………… and has by Letter of Acceptance dated……………………. accepted a tender submitted by the Technical Consultant for the execution, completion, remedying of any defects therein and maintenance of such works at a total Contract Price of Rs.…………………. (Rupees………………………… only)
NOW THIS AGREEMENT WITNESSETH as follows: -
1. In this Agreement words and expressions shall have the same meaning as are respectively assigned to them in the Conditions of Contract hereinafter referred to.
2. The following documents in conjunction with addenda/corrigenda to Tender Documents shall be deemed to form and be read and construed as part of this agreement viz.
The Letter of Acceptance dated …………………….
Priced Schedule (Bill) of Quantities
Notice Inviting Tender and Instructions to Tenderers.
RITES Tender and Contract Form [DELETED]
Special Conditions
Schedules A to F [NOT APPLICABLE]
Technical Specifications [NOT APPLICABLE]
Station Data
Amendments to Tender Documents (List enclosed)
3. In consideration of the payment to be made by the Employer to the Technical Consultant as hereinafter mentioned, the Technical Consultant hereby covenants with the Employer to execute, complete, remedy defects therein and maintain the works in conformity in all respects with the provisions of the Contract.
4. The Employer hereby covenants to pay to the Technical Consultant in consideration of the execution, completion, remedying of any defects therein and maintenance of the works, the
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contract price or such other sum as may become payable under the provisions of the contract at the time and in the manner prescribed by the Contract.
IN WITNESS whereof the parties hereto have caused their respective common seals to be hereinto affixed (or have herewith set their respective hands and seals) the day and year first above written.
SIGNED, SEALED AND DELIVERED BY
…………………………………………. ………………………………………….
In the capacity of ……………………… In the capacity of ……………………… In the capacity of Agent / Power of Attorney On behalf of M/s ……………………… Holder
(The Technical Consultant) For and on behalf of IRSDC
In the presence of In the presence of
Witness (Signature, Name & Designation) Witness (Signature, Name & Designation)
1. 1.
2. 2.
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ANNEXURE VI
INTEGRITY PACT
Not Applicable
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ANNEXURE-A
Guidelines on Banning of Business Dealings
1. Introduction
1.1 RITES, being a Public Sector Enterprise and „State‟, within the meaning of Article 12 of Constitution of India, has to ensure preservation of rights enshrined in Chapter III of the Constitution. RITES has also to safeguard its commercial interests. It is not in the interest of RITES to deal with Agencies who commit deception, fraud or other misconduct in the execution of contracts awarded / orders issued to them. In order to ensure compliance with the constitutional mandate, it is incumbent on RITES to observe principles of natural justice before banning the business dealings with any Agency.
1.2 Since banning of business dealings involves civil consequences for an Agency concerned, it is incumbent that adequate opportunity of hearing is provided and the explanation, if tendered, is considered before passing any order in this regard keeping in view the facts and circumstances of the case.
2. Scope
2.1 The procedure of (i) Suspension and (ii) Banning of Business Dealing with Agencies, has been laid down in these guidelines.
2.2 It is clarified that these guidelines do not deal with the decision of the Management not to entertain any particular Agency due to its poor/inadequate performance or for any other reason.
2.3 The banning shall be with prospective effect, i.e., future business dealings.
3. Definitions
In these Guidelines, unless the context otherwise requires:
i) ‘Bidder/Technical Consultant/Supplier’ in the context of these guidelines is indicated as ‘Agency’.
ii) ‘Competent Authority’ and ‘Appellate Authority’ shall mean the following:
a) The Director shall be the ‘Competent Authority’ for the purpose of these guidelines. CMD, RITES shall be the ‘Appellate Authority’ in respect of such cases.
b) CMD, RITES shall have overall power to take suo-moto action on any information available or received by him and pass such order(s) as he may think appropriate, including modifying the order(s) passed by any authority under these guidelines.
iii) ‘Investigating Department’ shall mean any Department, Division or Unit investigating into the conduct of the Agency and shall include the Vigilance Department, Central Bureau of Investigation, the State Police or any other department set up by the Central or State Government having powers to investigate.
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iv) ‘Banning Committee’ shall mean a Committee constituted for the purpose of these guidelines by the competent authority. The members of this Committee shall not, at any stage, be connected with the tendering process under reference.
4. Initiation of Banning/Suspension
Action for banning/suspension business dealings with any Agency should be initiated by the department/unit having business dealings with them after noticing the irregularities or misconduct on their part.
5. Suspension of Business Dealings
5.1 If the conduct of any Agency dealing with RITES is under investigation by any department, the Competent Authority may consider whether the allegations under investigation are of a serious nature and whether pending investigation, it would be advisable to continue business dealing with the Agency. If the Competent Authority, after consideration of the matter including the recommendation of the Investigating Department/Unit, if any, decides that it would not be in the interest to continue business dealings pending investigation, it may suspend business dealings with the Agency. The order to this effect may indicate a brief of the charges under investigation. The order of such suspension would operate for a period not more than six months and may be communicated to the Agency as also to the Investigating Department.
The Investigating Department/Unit may ensure that their investigation is completed and whole process of final order is over within such period.
5.2 As far as possible, the existing contract(s) with the Agency may be continued unless the Competent Authority, having regard to the circumstances of the case, decides otherwise.
5.3 If the Agency concerned asks for detailed reasons of suspension, the Agency may be informed that its conduct is under investigation. It is not necessary to enter into correspondence or argument with the Agency at this stage.
5.4 It is not necessary to give any show-cause notice or personal hearing to the Agency before issuing the order of suspension. However, if investigations are not complete in six months time, the Competent Authority may extend the period of suspension by another three months, during which period the investigations must be completed.
6. Grounds on which Banning of Business Dealings can be initiated
6.1 If the security consideration, including questions of loyalty of the Agency to the State, so warrants;
6.2 If the Director/Owner of the Agency, proprietor or partner of the firm, is convicted by a Court of Law for offences involving moral turpitude in relation to its business dealings with the Government or any other public sector enterprises or RITES, during the last five years;
6.3 If there is strong justification for believing that the Directors, Proprietors, Partners, owner of the Agency have been guilty of malpractices such as bribery, corruption, fraud, substitution of tenders, interpolations, etc.; 6.4 If the Agency employs a public servant dismissed/removed or employs a person convicted for an offence involving corruption or abetment of such offence;
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6.5 If business dealings with the Agency have been banned by the Govt. or any other public sector enterprise;
6.6 In case any information/document which may result in the tenderer’s disqualification is concealed by the tenderer or any statement/information/document furnished by the tenderer or issued by a Bank/Agency/Third Party and submitted by the tenderer, is subsequently found to be false or fraudulent or repudiated by the said Bank/Agency/Third Party;
6.7 If the Agency uses intimidation/threatening or brings undue outside pressure on the Company (RITES) or its official in acceptance/performances of the job under the contract;
6.8 If the Agency indulges in repeated and/or deliberate use of delay tactics in complying with contractual stipulations;
6.9 Based on the findings of the investigation report of CBI/Police against the Agency for malafide/unlawful acts or improper conduct on his part in matters relating to the Company (RITES) or even otherwise;
6.10 Established litigant nature of the Agency to derive undue benefit;
6.11 Continued poor performance of the Agency in several contracts;
(Note: The examples given above are only illustrative and not exhaustive. The Competent Authority may decide to ban business dealing for any good and sufficient reason).
7. Banning of Business Dealings
7.1 A decision to ban business dealings with any Agency shall apply throughout the Company.
7.2 If the Competent Authority is prima-facie of view that action for banning business dealings with the Agency is called for, a show-cause notice may be issued to the Agency as per paragraph 8.1 and an enquiry held accordingly.
8. Show-cause Notice
8.1 In case where the Competent Authority decides that action against an Agency is called for, a show-cause notice has to be issued to the Agency. Statement containing the imputation of misconduct or misbehavior may be appended to the show-cause notice and the Agency should be asked to submit within 30 days a written statement in its defense. If no reply is received, the decision may be taken ex-parte.
8.2 If the Agency requests for inspection of any relevant document in possession of RITES, necessary facility for inspection of documents may be provided.
8.3 On receipt of the reply of the Agency, or in case no reply is received within the prescribed time, the Competent Authority shall refer the case along with relevant details to the Banning Committee, which shall examine the reply of the Agency and other facts and circumstances of the case and submit its final recommendation to the Competent Authority for banning or otherwise. In case the action contemplated against the agency includes forfeiture of EMD also besides banning of business dealings, the Banning committee will also examine whether clause 9.4 of Tender Document is attracted and recommend forfeiture or otherwise of EMD considering all facts and
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circumstances of the case. A final decision on forfeiture or otherwise of the EMD and for Company-wide banning or otherwise shall be taken by the Competent Authority. The Competent Authority may consider and pass an appropriate speaking order: (a) For completely exonerating the Agency; or (b) For forfeiture of EMD but for not banning of business dealings with the agency or (c) For forfeiture of EMD and banning the business dealings with the agency.
8.4 The decision should be communicated to the Agency concerned along with a reasoned order. If it decided to ban business dealings, the period for which the ban would be operative may be mentioned.
9. Appeal against the Decision of the Competent Authority
9.1 The Agency may file an appeal against the order of the Competent Authority banning business dealing, etc. The appeal shall lie to Appellate Authority. Such an appeal shall be preferred within one month from the date of receipt of the order banning business dealing, etc.
9.2 Appellate Authority would consider the appeal and pass appropriate order which shall be communicated to the Agency as well as the Competent Authority.
10. Review of the Decision by the Competent Authority
Any petition/application filed by the Agency concerning the review of the banning order passed originally by Competent Authority under the existing guidelines either before or after filing of appeal before the Appellate Authority or after disposal of appeal by the Appellate Authority, the review petition can be decided by the Competent Authority upon disclosure of new facts/circumstances or subsequent development necessitating such review.
11. Circulation of the names of Agencies with whom Business Dealings have been banned.
11.1 Depending upon the gravity of misconduct established, the Competent Authority of RITES may circulate the names of Agency with whom business dealings have been banned, to the Ministry of Railways and PSUs of Railways, for such action as they deem appropriate.
11.2 If Ministry of Railways or a Public Sector Undertaking of Railways request for more information about the Agency with whom business dealings have been banned a copy of the report of Inquiring Authority together with a copy of the order of the Competent Authority/Appellate Authority may be supplied.
12. Restoration
12.1 The validity of the banning order shall be for a specific time & on expiry of the same, the banning order shall be considered as "withdrawn".
12.2 In case any agency applies for restoration of business prior to the expiry of the ban order, depending upon merits of each case, the Competent Authority which had passed the original banning orders may consider revocation of order of suspension of business/lifting the ban on business dealings at an appropriate time. Copies of the restoration orders shall be sent to all those offices where copies of Ban Orders had been sent.
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ANNEXURE VII
MANDATE FORM To RITES Ltd. ……………………………. …………………………….
Dear Sir, Authorization for payments through Electronic Fund Transfer System (RTGS/NEFT)
We hereby authorize RITES Ltd. to make all our payments, including refund of Earnest Money, through Electronic Fund Transfer System (RTGS/NEFT). The details for facilitating the payments are given below:
(TO BE FILLED IN CAPITAL LETTERS)
1 NAME OF THE BENEFICIARY 2 ADDRESS WITH PIN CODE (A) TELEPHONE NO. WITH STD CODE 3 (B) MOBILE NO. 4 BANK PARTICULARS A BANK NAME B BANK TELEPHONE NO. WITH STD CODE C BRANCH ADDRESS WITH PIN CODE D BANK FAX NO. WITH STD CODE 11 CHARACTER IFSC CODE OF THE BANK (EITHER E ENCLOSE A CANCELLED CHEQUE OR OBTAIN BANK CERTIFICATE AS APPENDED) BANK ACCOUNT NUMBER AS APPEARING IN THE F CHEQUE BOOK SAVING CURRENT G BANK ACCOUNT TYPE (TICK ONE) LOAN CASH CREDIT OTHERS H IF OTHERS, SPECIFY 5 PERMANENT ACCOUNT NUMBER (PAN) 6 E-MAIL ADDRESS
I / We hereby declare that the particulars given above are correct and complete. If the transaction is delayed or credit it not effected at all for reasons of incomplete or incorrect information, I / We would not hold RITES Ltd. responsible. Bank charges for such transfer will be borne by us.
Date: SIGNATURE
(AUTHORISED SIGNATORY) Name …………….…………
BANK CERTIFICATION
It is certified that the above mentioned beneficiary holds bank account No………………………. with our branch and the Bank particulars above are correct.
Date: SIGNATURE
(AUTHORISED SIGNATORY) Name …………….………… OFFICIAL STAMP
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ANNEXURE VIII
-Deleted-
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ANNEXURE IX
Form-1
Financial Capacity of the Applicant (Refer Clause 2.2.2 (B))
S. No. Financial Year Annual Revenue st (Refer (ending on 31 (Rs./US $ in million) Clause March) 2.2.2 (B)) 2017-18 1.
2. 2016-17 2015-16 3.
$ Certificate from the Statutory Auditor
This is to certify that ***** _(name of the Applicant) had a turnover from Professional Fees as shown above against the respective years. Name of the audit firm: Seal of the audit firm
Date:
(Signature, name and designation of the authorised signatory)
$In case the Applicant does not have a statutory auditor, it shall provide the certificate from the independent chartered accountant/its chartered accountant that ordinarily audits the annual accounts of the Applicant. The details of the Auditor/ Chartered Accountant along with contact details shall be mentioned.
Note:
1. Please do not attach any printed Annual Financial Statement.
2. In case where books of accounts of the Applicant is maintained and audited on the basis of Calendar Year. The equivalent year shall be as follows:
S .No. Financial Year (April to Financial Year (Jan to March) Dec) 1 2017-18 2017 2 2016-17 2016 3 2015-16 2015
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ANNEXURE IX
Form-2
Particulars of Key Personnel and other Professional Personnel (Refer Clause 2.2.2 (C))
S Designation of Key Name Educational Length of Present No. of no. Personnel and other Qualification Profession Employment months on Professional al Applicant Personnel Experienc Name of Employ roll prior to e (in Firm ed application years) Since due date
1 Urban Design/Planner
2 Chief Architect
3 Station Planning
4 Expert
5 Construction
6 Expert Transport
Refer Form 4 of Annexure IX Abstract of Eligible Assignments of Key Personnel
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ANNEXURE -IX
Form-3
Abstract of Eligible Assignments of the Applicant#
(Refer Clause 2.2.2 (A) & 19.1)
S.No Name Name Estimated Payment## Month and Yr. Type of of of Capital received by of completion/ Project
Project Client Cost of the Applicant ongoing. (Refer
Project (in (in Rs/ Clause Rs/ 19.1.2) million million $) for the
$) assignment
(1) (2) (3) (4) (5) (6) (7)
1
2
3
4
5
6
7
# The Applicant should provide details of only those projects that have been undertaken by it under its own name
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However, a subsidiary company, registered/incorporated in India may utilize technical credentials of their parent/holding company having more than 50% voting share in the subsidiary company as per clause 2.1 of the ITT.
## Exchange rate for converting the fee/cost of services accrued in countries other than India, should be taken as Rs. 70 per US $ for converting to amount in INR.
* The names and chronology of Eligible Projects included here should conform to the project-wise details submitted in Form-5 of ANNEXURE-IX.
Certificate from the Statutory Auditor$
This is to certify that the information contained in Column 5 above is correct as per the accounts of the Applicant and/ or the clients.
Name of the audit firm: Seal of the audit firm Date:
(Signature, name and designation of the authorised signatory) \
$ In case the Applicant does not have a statutory auditor, it shall provide the certificate from independent chartered accountant/its chartered accountant that ordinarily audits the annual accounts of the Applicant. The details of the Auditor/ Chartered Accountant along with contact details shall be mentioned.
Note: The Applicant may attach separate sheets to provide brief particulars of other relevant experience of the Applicant.
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ANNEXURE-IX
Form-4
Abstract of Eligible Assignments of Key Personnel@
(Refer Clause 2.2.2 (C) & 19.1)
Name of Key Personnel: Designation:
S. Name of Name Estimated Name of firm Designation of Date of Manday N Project* of Capital for which the the Key completio s spent o Client Cost of Key Personnel on n of
Project (in Personnel the project project (8) Rs/ million worked assignme $) nt (1) (2) (3) (4) (6) (7) (5)
1
2
3
4
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ANNEXURE -IX
Form-5
Eligible Assignments of Applicant
(Refer Clause 19.1.2)
Name of Applicant:
Name of the Project:
Type of Project (Refer Clause 19.1.2)
Description of services performed by the Applicant firm:
Name of client and Address: (Indicate whether public or private entity)
Estimated capital cost (in Rs cr. or US$ million):
Area in hectares (for Urban Planning Project only):
Capacity in million passengers per annum (for railway, bus terminal/ metro station or airport only)
Payment received by the Applicant (in Rs. Cr. Or US million $):
Start date and finish date of the services (month/ year):
Brief description of the project:
Notes:
1. Use separate sheet for each Eligible Project. 2. The Applicant may attach separate sheets to provide brief particulars of other relevant experience of the Applicant.
3. Exchange rate should be taken as Rs. [70] per US $ for conversion to Rupees.
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ANNEXURE-IX
Form-6
Eligible Assignments of Key Personnel (Refer Clause 19.1.2)
Name of Key Personnel:
Designation of Key Personnel:
Name of the Project:
Name of Consulting Firm where employed:
Description of services performed by the Key Personnel (including designation): Type of Project (As per Cl. 19.1.2 (i) & (ii).) Name of client and Address: (indicate whether public or private) Estimated Capital Cost of Project (in Rs/ million $) Area in hectares (for Urban Planning Project only) Capacity in million passengers per annum (for railway, bus terminal/ metro station or airport only) Start date and finish date of the services (month/ year)
No. of days spent on the assignment
Brief description of the project:
It is certified that the aforesaid information is true and correct to the best of my knowledge and belief.
(Signature and name of Key Personnel)
Notes:
1. Use separate sheet for each Eligible Project. 2. The Applicant may attach separate sheets to provide brief particulars of other relevant experience of the Key Personnel. 3. Exchange rate should be taken as Rs. [70] per US $ for conversion to Rupees.
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Annexure-IX Form-7 Curriculum Vitae (CV) of Professional Personnel
1. Proposed Position:
2. Name of Personnel:
3. Date of Birth:
4. Nationality:
5. Educational Qualification:
6. Employment Record:
(Starting with present position, list in reverse order, every employment held.)
7. List of projects on which the Personnel has worked
Project Name Description of responsibilities
8. Details of the current assignment and the time duration for which services are required for the current assignment.
Certification:
1 I am willing to work on the Project and I will be available for entire duration of the Project assignment as required.
2 I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes me, my qualifications and my experience.
(Signature and name of the Key Personnel) Place
(Signature and name of the authorised signatory of the Applicant) Notes: 1. Use separate form for each Key Personnel 2. Each page of the CV shall be recently signed and dated in blue ink by the respective Personnel/ signed fax copy/ electronically signed and countersigned by the authorized representative of the Applicant. Unsigned / not countersigned CVs shall not be considered for evaluation.
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ANNEXURE-IX FORM-8
Name of work
Tender No.
Name of the Bidder
Name & Address Instrument Details of Cost of Tender Amount Date of Issue of Issuing Bank placed at Document paid by Banker’s Cheque/Pay Order/Demand Draft
Details of EMD paid by Banker’s Cheque/Pay Order/Demand Draft
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SECTION 2
TENDER AND CONTRACT FORM FOR WORKS
-DELETED-
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SECTION 3 SPECIAL CONDITIONS
(A) Special Conditions
(B) Terms of Reference
(C) Additional Special Conditions
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Section 3A Special Conditions
1. Development/Re development of Station shall be taken up in phases
(a) Station development/Redevelopment of the Existing station by adding new facilities/structure/additional buildings, parking etc, flooring/finishes, enhancing the users experience etc. (b) Development in Railway Land parcel in vicinity which includes development/construction of residential/commercial buildings, with MEP services.
2. Initially Technical Consultant shall carry out the feasibility study and submit the feasibility study report. After getting written consent to go-ahead from RITES, the Technical Consultant shall then carry out further activity like DPR, GT Investigation, Detailed Drawings, BOQ etc.. Technical Consultant shall be paid activity wise only of those activities for which go-ahead is given by RITES.
3. Proof Checking of structural design shall be got done by RITES from Institute of National Repute like IITs, NITs or as per RITES list of institute. The cost charged by the Institute shall be borne by Technical Consultant. The Technical Consultant shall provide all necessary assistance like providing soft/physical copy of STADD/CAD files to RITES/Institute.
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SECTION 3B TERMS OF REFERENCE (TOR)
1. General 1.0 RITES Limited seeks the services of Technical Consultants for preparing Technical Feasibility Report, Concept Plans and Master Plan for the development / redevelopment of Project including its surroundings on the entire Project Railway Station land which includes preparation of station development plan along with plan for commercial development of land plots and providing Architectural and Technical Services for implementation of Mandatory Works as per detailed scope of services. 1.1 Mandatory Works shall include all works towards construction of Project Railway Station, allied facilities, various elements of infrastructure necessary for the Station and only trunk infrastructure for Commercial Development proposed within the Master Plan for the Project. The Trunk infrastructure for Commercial Development shall include main facilities for roads, Water supply, sewerage, Electricity supply, telecommunication, Cooking Gas, Solid Waste management, Storm water management, rain water harvesting, Boundary walls, Common parking lots, Parks and other similar facilities required to be constructed to enable commercial exploitation of individual parcels of land. The redevelopment or relocation of existing facilities required as per approved master plan shall also be part of Mandatory Works. 1.2 Commercial Development shall include all Real Estate asset classes planned on the railway land and above Project Railway Station, which is not part of the railway station facilities. It shall include all land use categories (like residential, commercial, institutional, warehousing, hotel, hospital etc.) envisioned for commercialization and generation of revenues. 1.3 Good for Construction Drawings or GFCs shall refer to set of drawings required for construction on site and shall be developed on the basis of approved Master Plan / GADs. GFCs shall contain all details, notes, dimensions etc. required at site to construct the project in the manner designed by the Consultant and approved by RITES LTD. GFCs shall include Architectural, Structural, Plumbing, Electrical, Water Supply, Sewage, Sanitation, Fire Fighting, Landscape, interior etc. drawing sets including all necessary dimensioned floor plans, elevations, Sections, door/window schedules, details of circulation cores, toilet details, service layouts, coordinated service layouts, Reflected Ceiling plans, drawings for STPs, ETPs, Pump Rooms, Generators, Roads, Guard Rooms, Boundary Walls, OWT, UWT etc. complete required for construction at site.
2. Objective The prime objective of this assignment (the “Objective”) is to undertake Technical Feasibility Study and Prepare a Master & Concept Plan of the Project Railway Station for the purpose of firming up owner’s requirements in respect of development and construction of the Project Railway Station and project facilities and to enable RITES LTD to function as a master developer wherein it delivers the Mandatory Works and can provide prospective contractors/developers clarity on the development potential and character of individual developable land parcels identified in the Master plan for phased Commercial Development as well as to ensure that a properly designed station along with associated infrastructure is developed with the following features: (a) Segregation of arrival/departure passenger movements to the extent possible and circulation at the Project Railway Station including both sides;
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(b) Safe functionally efficient and comfortable world class passenger amenities/services with maximum possible modern amenities in a clean and pleasing ambience; (c) Superior road connectivity with the city for quick and easy access to the Project Railway Station and adequate parking within the station premises, efficient multi-modal interface, provide flexibility for integration facilities with future transport infrastructure; (d) Superior train operation (including allied services e.g. parcel, posts etc.) and maintenance facilities affording greater flexibility and enhanced operational efficiency for Indian Railways (The train operations are not to be planned ab initio or from yard layout perspective, but the planning shall take into account the planning already done by railways and shall provide efficient solutions for carrying out the tasks related to train operations where these are interfacing with the station facilities); (e) Smooth arrival/departure and movement of pedestrians, passenger vehicles, parcel, luggage, linen & catering material etc. within and around station premises, state of the art passenger information and display systems, security systems and fire safety systems etc. (f) Providing user-friendly facilities, passenger services and signage for the convenience of unfamiliar passengers; (g) Special amenities and services for the old, infirm and physically challenged passengers; (h) Employing leading edge technologies and design innovative services and solutions; (i) Integrated development with the surrounding city and creation of an iconic urban infrastructure and architecturally distinctive gateway to the city; (j) Least possible inconvenience to train operations, passengers, other users and residents during construction; and (k) Adequate and coherent commercial development at and around the station for an optimal financing model and attainment of the above public policy goals based on life-cycle cost minimization approach. (l) Harmonious and complementary co-existence of the railway station and the real estate proposed to be developed. (m) Constructing Green Building Project with environment factors to be given very high priority, (n) Conform to the provisions of Manual of Standards and Specifications for Railway Stations, National Building Code, Indian Railways Works Manual, National Fire Protection Association rules etc as applicable to the Project (the “Manual”).
3. Scope of Services: The scope of services is divided into two parts. The first part of Scope of Services pertains to preparing Technical Feasibility Report, Concept Plans and Master Plan for the development/redevelopment of Project Railway Station including its surroundings on the entire Railway land for preparation of station development plan along with plan for commercial development of land parcels and bid management. The scope for this part shall be as follows:
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3.1 The Consultant shall undertake this consultancy in order to achieve the objective specified in Clause 2 above. The detailed scope of services specified below is based on RITES’ understanding of the scope of service. However, it should be noted that the scope of work specified below is not exhaustive. The Consultant shall be required to carry out additional works, if any, to meet the objectives stated above without any extra cost.
3.2 While preparing the Technical Feasibility Report and Master Plan of the Project, the Consultant shall follow the standards and specifications laid down in the Manual. The basic objective underlying the Master Plan is to develop a schematic plan for efficient handling of train and passenger operations besides providing facilities for maintenance and operations. It shall also include optimal plans for real estate development and allied facilities such as parking, inter- modal transfer and in-coming/outgoing road traffic at the Station.
3.3 The Technical Feasibility Report and Master Plan to be prepared by the Consultant shall contain preliminary designs and sufficient details to judge the constructability and feasibility of various layouts as well as the estimated cost related to such development. The phasing of the Mandatory Works / Commercial Development shall be done on the basis of costs thus worked out and the revenue realization strategy prepared by RITES LTD. If the tender is to be called on design build basis, the technical schedules shall be prepared based on the above details only (Subsequently, as part of second part of Scope of Services, the Consultant may be asked to prepare detailed design and tender drawings to ensure that detailed item wise quantities are worked out and tender for Mandatory Works can be called on Bill of Quantities (BOQ) basis, and the work be executed on the basis of GFCs to be prepared by the Consultant. The subsequent scope of services shall be based on either preliminary designs or detailed design, as decided by RITES LTD. During actual execution, alternate layouts may be proposed based on vision of real estate developer, but the Consultant has to ensure that master plan is not challengeable on architectural, technical or practical considerations. It will be the Consultant’s responsibility to fully defend the solutions proposed by him should these be questioned by MOR, IRSDC, RITES LTD or the Contractor/Developer at any stage of the planning of Mandatory Works and/or bidding process for award of contract for Ist phase of Mandatory Works and Commercial Development. Once the bid documents are released, the Consultant shall prepare replies to the written queries made by the bidders on the technical aspects of the bid documents. The Consultant shall take part in the pre-bid conference for award of tender/concession and furnish such technical clarifications as may be called for.
3.4 The Consultant shall also assist the other consultants like Financial Consultant, Transaction Advisor, Legal Adviser etc engaged by RITES LTD by furnishing technical schedules and such clarifications as may be required for contractual, legal and financial issues for I phase of Mandatory Works and Commercial Development.
3.5 The outline scope of services to be performed by the Consultant shall include but not limited to the following: i. Review of previous reports/ available plans / drawings /data and verify the available drawings details at the site; ii. Traffic study/traffic forecast and development of integrated traffic plans; iii. Studies, Surveys and Investigations; a. Engineering Survey;
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b. Geotechnical Survey; c. Ascertaining condition, ownership and usage of structures; d. Exiting utilities mapping, assess and plan permanent and temporary diversion utilities; e. Land due diligence and Preparation of Land acquisition Plan, if any, and opportunities for joint development and for TDR etc. if possible and desirable; f. Building condition survey; and g. Study of identification of sensitive structures; identification of rehabilitation needs for both structural and non structural components iv. Identification of Applicable Development control norms; v. Assessment of additional requirement of utility infrastructure such as power, water, solid waste management, sewage treatment etc as well as their availability for the Project; vi. Relocation plan of buildings and structures; vii. Development of Concept Plans & Master Plan of the project: The Consultant shall follow the applicable laws, bylaws and Master Plan of the city with a view to enabling an ‘in principle’ approval of municipal authorities. viii. Construction methodology, sequencing, scheduling and time frame; ix. Social impact assessment including Resettlement & Rehabilitation Plan (R&R), if any; x. Environment Impact Assessment and to actively work with RITES LTD and obtain environment clearance of entire Project; xi. Preliminary designs and review / update of design criteria/outline specifications for the Mandatory Works and Architectural Controls for the Project including areas identified for commercial and/or other development identified in the Master Plan xii. Project Cost and Preparation of indicative BOQ and Cost Estimates; xiii. Prepare submissions for the purpose of obtaining in principle statutory approval/clearances for the Master Plan and obtain such clearances; xiv. Preparation of various Technical Schedules for the tenders for complete Mandatory Works and Commercial Development. xv. Management of technical aspects of Bid Management for first phase of Mandatory Works and Commercial Development. The phasing of Mandatory Works and Commercial Development shall be as decided by RITES/IRLDA in consultation with the Consultant and other consultants taking an overall view of railways’ operational requirements, RITES LTD’s requirements, market conditions and overall interest of the Project and various stakeholders.
3.6 The second part of Scope of Services shall commence after the Master plan is approved and RITES LTD gives specific approval to operating the second part of Scope of Services. In such a case, the appropriate items for bid management in the first part of Scope of Services shall be operated with detailed design and complete BOQ/detailed estimate. This part pertains to preparing detailed design, tender drawings, detailed item wise Bill of Quantities to enable calling of item rate tender and preparation of GFC drawings for Mandatory Works and shall include the following:
i. Preparation of Detailed Design of Structures and systems pertaining to civil, electrical, telecommunications, security, fire-fighting, ventilation, vertical circulation elements, BMS / SCADA etc. for Ist phase of Mandatory Works and including the detailed examination of proposed design from Green Building considerations, vibrations,
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acoustics, disabled friendliness and other aspects as per RITES LTD’s specifications and requirements for other similar projects. ii. Preparation of Good for Construction drawings for Ist phase of Mandatory Works and co- ordination with site regarding interpretation of the same during construction.
4. Scope of Services is further explained hereunder:
4.0 Review of previous reports/drawing/data and verify the available drawings of the site 4.0.1 The consultant shall collect relevant details, information, data, reports, future plans from the IRSDC/RLDA/concerned Zonal Railways/Local Bodies/Departments and from the market regarding present and proposed planned development within the influence area of the station area. These data should include but not be limited to: (a) Details of passenger, traffic and engineering surveys, goods, parcel movement, train movement details, circulation area details, types of existing passenger amenities, facilities and their leasing status, station structure, Foot Over Bridges and all other details necessary for the preparation of technical feasibility report and master plan. (b) Master plans, zonal plans, existing drone survey reports, building bye laws, development regulations, permitted land use and FSI at the site, rules for obtaining permission for FSI, TDR, etc., circle rates of land for various use in the area, market rates as per past land deals; (c) Details of similar commercial developments in the vicinity/city – Both existing as well as proposed and opportunities for Commercial Development in the Project; (d) Contact addresses with phone numbers of real estate developers active in the city, concerned officials of relevant local bodies like Development authority, Municipality, Revenue authority, Environment office responsible for environmental clearance etc.
4.0.2 Master Plan shall be developed around the future yard plans/operational infrastructure frozen by the Railways for the Project Station. The same shall be reviewed by the Consultant and may recommend improvements/adjustments while developing the Master Plan. The plans, drawings, other data available for the area has to be verified by physical verification, topographical survey and available records/reports. The Consultant shall ascertain and study development plans of various departments/local bodies which have bearing on the Master Plan. An integrated Master Plan for the complete railway land at Project Railway Station shall be in the scope of the consultant.
4.1 Railway Demand assessment 4.1.1 The Consultant shall examine constraints of the train operations and the maintenance facilities with respect to the passenger and station requirements. The train operations are not to be planned ab initio or from yard layout perspective, but the planning already done by railways shall be considered and master plan shall provide efficient solutions for carrying out the tasks related to train operations especially where these are interfacing with the station facilities. The passenger forecast for the next 40 years-time horizon shall also be kept in mind while planning. 4.1.2 Based on the above estimation, the Consultant shall integrate the land available and examine capacity constraints to station layouts. Station shall be designed to demonstrate the impact of design changes to improve fluidity in disperse/handle passengers and carry out other operations at station efficiently.
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4.2 Traffic study and development of integrated traffic plans 4.2.1 To achieve the objective of harmonious development with the surrounding city and adequately meet the need for transport linkages, the Consultant shall plan works within 5Km influence area including on surrounding roads and the land adjoining the land boundary of the station. Feasibility of works planned on surrounding roads and the land adjoining the land boundary of the station shall be carefully examined. The Consultant shall study the impact of the proposed development on traffic and congestion on surrounding roads and area and make an assessment of the impact on infrastructure demand in terms of road network and parking. Mitigation plans for infrastructure demand shall be prepared separately for existing traffic bottlenecks and for traffic generated due to extra development in the Project. 4.2.2 Traffic surveys for both railway as well road users shall be carried out by the Consultant with a view to formulating the traffic plan for movements and integration of modes as also inter modal transfers involving existing / proposed Metro Rail, High speed Train, mono Rail, Bus services, IPTs etc. (Surveys like Volume Counts, Turning Moment Counts, Origin Destination Surveys, Passenger Arrival Departure surveys, mode choice surveys, parking supply and occupancy, etc. shall be planned for 7 day, 24 hours each at various suitable locations in and around the railway station up to at least a 5Km radius from the station) The consultant shall also suggest an integrated traffic and transport plan meeting the Railways as well as city traffic needs for next 40 years, for areas within 5 Km from the project site. The Consultant shall use the relevant traffic engineering and transport planning tools to design and improve the connectivity of the Station with the city. This may include widening of existing roads, junction / corridor improvements (including grade separators where absolutely necessary over roads as well as the railway yard), improvement of existing geometry, augmentation of capacity on approach roads, segregation of through traffic, etc. 4.2.3 The Consultant shall plan the inter-modal transfer facilities to, inter alia, include design for vehicular (road) and pedestrians’ traffic, interfaces with the surrounding and approach roads and neighborhood including improvements for barrier free movement of pedestrians, appropriate junction improvements, and traffic management for the entire area. The Master Plan shall, inter-alia, include facilities required for vehicles carrying parcels, catering and linen materials, garbage disposal, vehicles for maintenance, VIP movements etc. Consultant shall aim at seamless flow for pedestrians between public/private transport, boarding/ alighting points and station premises and minimizing the length of walking distances. The design of circulating areas and inter-modal transfer facilities should provide an efficient, convenient and aesthetic solution to connectivity and integration between various modes of transport. The requirements of pedestrians and physically disabled persons are to be specially taken care of. 4.2.4 RITES LTD envisages that the redeveloped Station would preferably have segregation of arrival and departure areas through suitably planned passenger platforms.
4.3 Studies, Surveys and Investigations 4.3.1 Engineering Survey The Consultant shall carry out a detailed survey of the site and the surrounding areas to prepare accurate site plans. The development should not be confined to the site but also include infrastructure facilities and adjoining railway land to present an integrated development around the site. However the consultant has to ascertain ownership of land and structures in the area proposed for development. A report shall be prepared on topographic
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survey indicating base line survey report which shall include GPS benchmark, GTS benchmark, triangulation network points (temporary benchmark), close traverse survey details along with the photographs of important locations.
4.3.2 Ascertaining condition, ownership and usage of structures Survey the existing structures and assess their condition/ownership/usage etc, including the need for their relocation or restoration, as the case may be. Study of as-built drawings and condition survey of structures likely to be affected during construction works shall be carried out and necessary plan shall be developed /suggested so that the adjacent structures are not affected during construction activities for the project. Report on building condition survey including inventory report shall be submitted.
4.3.3 Exiting utilities mapping, assess and plan permanent and temporary diversion utilities The Consultant shall be responsible for the accuracy of the physical and ground details, such as alignment of roads, details of existing structures on the proposed development area, land use details, utilities (telephone lines, signal lines/ equipment, HT/LT lines, water supply, drainage/gas lines and OFC cables, etc), trees and other plantation and access to adjacent properties.
4.3.4 Preparation of Land Due Diligence Report and Land acquisition (LA) Plan While developing Master Plan for station project, endeavour is to make plan within the Railway land. However, under un-avoidable circumstances for development of plan, if acquisition of additional land whether private or Government is needed, the consultant shall prepare a Land Due Diligence Report and LA plan as per Revenue Records including ownership details Opportunities for joint development and for Transfer of Development Rights shall also be explored if possible and desirable for improving functional / economic aspects of the Project. Any change in Project land area upto 20% due to land acquisition or co-development or including any railway land outside Project Railway Station shall not be considered as variation or change in scope and the consultant shall prepare the master plan for the entire area including the land thus acquired or taken up for joint development considering the same equivalent to the railway land at Project Railway Station.
4.3.5 Geotechnical Investigations In order to provide reasonable detail to the bidders for assessing the type and cost of foundation of buildings and structures as proposed in the Master Plan, the Consultant shall carry out a reasonable degree of geotechnical investigations in twelve (12) locations (preferably near locations where the foundations for Mandatory Works are expected) including conducting Laboratory and Field Test along with the analysis of results and preliminary foundation design to determine nature of construction as per IS:1892.
4.3.6 Study of sensitive structures A survey of all the sensitive structures which are sensitive from the religious, archaeological and historical point of view and are located within 1km of the site shall be carried out along with all relevant details like approach, condition, patronage and impact of project on them and vice-versa.
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4.4 Applicable Development control norms 4.4.1 The Consultant shall study the development control norms, building bylaws and Master Plan of the city and other requirements laid down by local authorities and shall advise RITES LTD regarding the nature and extent of construction permitted and its likely impact on the viability of the Project. The Consultant shall prepare necessary documents to establish the minimum construction requirement over the entire railway land to meet the scale of facilities expected. Provisional modifications required in the development control norms of state government or local bodies shall be clearly brought out to enable RITES LTD to engage with concerned RITES LTD at an early stage including for formulating ‘special’ development control norms for the Project. The Consultant shall actively assist RITES LTD in preparation of documents, reports, drawings etc. to enable RITES LTD to logically argue its case and get the issues satisfactorily resolved. The Consultant shall prepare plans conforming to the extant building bylaws with a view to enabling an ‘in principle’ approval of local authorities.
4.5 Assessment of additional requirement of utility infrastructure 4.5.1 Consultant shall make an assessment of the impact on infrastructure demand in terms of water, sewerage, power and communications for the entire development / redevelopment proposed in the Master Plan for the entire Project. Mitigation plans for increase in infrastructure demand shall also be prepared. Source of water to ensure uninterrupted supply for the station and adequate augmentation of other utilities like electric supply, sewerage lines, storm water drainage, etc. shall be studied in detail.
4.5.2 Commercial development at the Station and surrounding railway land is essential for financing the Project costs. Consultant should aim to maximise the commercial returns from the land and air space to get the best returns. However, any such commercial development should be able to co-exist with the passenger terminal and surrounding areas of the city in a complementary and harmonious manner. While preparing the plans for integrated Commercial Development, Consultant shall make an assessment of the requirement of various utilities/services and access for adjoining development and adequately provide the infrastructure and spaces for the same.
4.5.3 Cost estimates for all these requirements shall also be included. Though only preliminary plans are to be made for the Commercial Development, the lighting, circulation, traffic integration, access, and services required for Commercial Development are to be planned for and integrated with overall planning with adequate details such that GFC’s for the Mandatory Works can be prepared in subsequent stages
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4.6 Relocation plan for structures 4.6.1 Consultant shall assess the requirements of relocation of structures and their users/occupants, removal of encroachments, rehabilitation and resettlement, land acquisition, diversion of services/utilities and trees to be felled. Wherever possible and if feasible financially, the consultant may plan to retain some of the existing structures through the processes of restoration, adaptive reuse etc. Plans prepared by the Consultant shall incorporate drawings for structures required to be relocated and due space provisions for the relocation and permanent diversion of services/utilities. Necessary schedules of encroachments, R&R and land acquisition, and felling of trees shall be prepared. Cost estimates for all these requirements shall also be included. Though only preliminary plans are to be made for the Commercial Development, the lighting, circulation, traffic integration, access, and services required for Commercial Development are to be planned for and integrated with overall planning.
4.6.2 Any other study or survey which the Consultant considers necessary or which RITES LTD may stipulate for successful completion of the Services under the Consultancy shall be carried out.
4.6.3 The Consultant shall also study the technical feasibility of relocation of Railways quarters, if any, in the proposed project site to suitable location. Total floor area of all such buildings shall be assessed with adequate provision for future. The Consultant shall conduct an activity analysis of all activities, operational or otherwise, currently being undertaken at the station, do a volume analysis of space required to deal with future growth and then suggest sites for the relocation. The Consultant shall suggest the relocation of operational and other structures that need to be dismantled on account of the Master Plan and shall suggest workable plans to first complete the construction of buildings to house facilities to be dismantled prior to their actual shifting/demolition. Only in exceptional and unavoidable cases, shifting of establishments to temporary accommodation should be resorted to. Modifications to existing structures/buildings, if any, shall be suggested after thorough investigation of the structural condition of such structures/buildings.
4.7 Development of Master Plan 4.7.1 The Consultant shall prepare a Master Plan for development of the entire Project Railway Station site. The development should include adjoining railway land to present an integrated development around the site. Also, to achieve the objective of harmonious development with surrounding city and adequately meeting the need for transport linkages, the Consultant shall plan works on surrounding roads adjoining the land boundary of the site. Segregation of suburban services from the long-distance traffic and their integration with long distance platforms would need to be planned and provided for. Consultant shall integrate the passenger and train movement with the other existing / proposed public transport modes, like High Speed Railway, Metro LRT, and Metro rail System etc. Feasibility of such construction shall be carefully examined. Master plan shall be fit for modular / phased construction. The Technical Feasibility Report to be prepared by the Consultant will contain the drawings and sufficient details to judge the feasibility and constructability of various layouts. After receiving the observations of RITES LTD on the Master Plan and draft Feasibility Report, the Consultant shall further amplify the major elements of design of the Project, and prepare Preliminary Design for the Project such that these could be used as
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reference documents for inviting technical Bid and normalising the parameters for the RFP. Preliminary design shall be adequately detailed so that interest of RITES LTD and users of the Project are fully safeguarded by clear planning and design parameters. Preliminary Design shall be submitted at the time of submission of the final Feasibility Report. In subsequent stages of this consultancy assignment, the Mandatory Works may be further detailed by the consultant to provide drawings and documents for on-site construction works. 4.7.2 RITES LTD envisages that the Station may have separate contractor/developer responsible for Operation and Maintenance of services related to passenger operations such as platforms and services related to commercial operations such as any real estate development. The master plan prepared by the Consultant shall ensure that there is clear segregation in the operational area of the two services, to the extent possible. 4.7.3 With reference to the areas identified for Commercial Development, the consultant shall further amplify the major elements of design and prepare technical schedules for the development agreement for the Ist Phase of Commercial Development, templates for the technical Bids if any, and evaluation criteria for normalisation for inviting the technical Bid from the various short listed applicants. The plan provided by the consultant should not be challengeable by the shortlisted bidders or Architectural/Technical considerations. It will be the Consultants responsibility to fully defend the solutions proposed by him should these be questioned by the short listed applicant and also examine the modification/changes proposed in the Master Plan, Concept Plan, Technical Feasibility Report, Preliminary design and the technical schedules thereof. The Consultant shall objectively evaluate the technical Bid and normalise the various technical parameters and incorporate these changes at the respective places. No separate payment shall be made on this account and shall be deemed to be included in the overhead cost of the Consultant. The Consultant shall provide a complete dimensioned layout of the proposed Project superimposed on the detailed site plans to enable the prospective bidders to prepare realistic technical Bid and the short-listed Applicant to fully appreciate his responsibility under the Development Agreement at the construction, operation and transfer stages. Consultant shall supplement the proposed layout with explanatory drawings, statements, charts, notes, etc. and provide preliminary cost estimates. Consultant shall also provide sufficient information in the Feasibility Report which shall help the Financial Consultant to appraise the Project before the bids are invited, and the bidders to do due diligence before submitting their respective bids. 4.7.4 The Mandatory Works shall be identified in the Master Plan. Looking at the conditions of each project, including railway operational requirements, RITES LTD’s requirements, market conditions and overall interests of Project and various stakeholders etc, It may be desirable to take up the work in Phases. In such situation, the Master Plan shall indicate the phases of Mandatory Works.
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4.7.5 With reference to the Mandatory Works, the consultant shall prepare Tender Drawings and Documents for selection of Contractors/ developers. Tender Drawings and Documents shall contain all necessary details, information specifications, quantities, etc required for selection of contractors/ developers. The drawings shall indicate the various phases distinctly to allow the contractor / Developer to easily identify the scope of work and plan interface of work in subsequent phases. The drawings shall contain all necessary details pertaining to architectural, interior, structural, plumbing, electrical, mechanical, Fire Fighting, Landscaping and other service designs. Consultant shall prepare dimensioned floor plans (all floors), elevation (all sides), Sections (Minimum 2 per structure), door window schedule, details of circulation cores, toilet details, service layouts, capacity of facilities, schedule of finishes, detailed quantities, etc.
4.8 Construction methodology, sequencing, scheduling and programming 4.8.1 As train operation would continue at the Station during project implementation, the construction has to be done in phases. This would pose a challenge in carrying out construction activities without unduly disturbing the public, railway staff, passengers, train operations and the environment. The Consultant must address this challenge by identifying the minimum required diversions and planning viable temporary diversion plans for passengers, pedestrians and road traffic; diversion plans for various utilities like water/sewer lines, cables, equipment etc. and suggesting suitable construction methodology using modern construction techniques and equipment would also be drawn up. The consultant shall design station using special software to demonstrate the impact of design changes to improve fluidity to disperse passengers.
4.9 Social Impact Assessment 4.9.1 The Consultant shall carryout Social Impact Assessment of the Project involving community interaction and public hearing with a view to recommending specific measures for implementation by the Developer so as to be compatible with ISO 14001 standards and applicable laws. Consultant shall study any adverse Social impact, arising out of the proposed Project implementation and suggest mitigation measures for such adversities. The Consultant shall undertake Social Impact Assessment (SIA) due to the Project and requiring resettlement and rehabilitation, particularly the impact on the persons affected due to the Project including plans for resettlement and rehabilitation thereof. The extant policies and guidelines of the government would be kept in view while undertaking the assessment. He shall prepare a plan for involuntary resettlement and land acquisition, which shall include the following: (i) Prepare in accordance with guidelines of the Government, a draft Resettlement and Land Acquisition Plan; (ii) Prepare area specific social assessments to support development of a locally relevant approach to resettlement which provides benefits to people in the Project’s area of influence, which include socioeconomic conditions, social service infrastructure, and social institutions and organization, in accordance with the Government policies and guidelines; (iii) These social assessments should include gender and local ethnic aspects; (iv) Provide recommendations and action plan for the RITES LTD to undertake, at the implementation stage, a full census and inventory of lost assets (households, shops and agricultural and other lands, or access to current income-generating activities, including
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impacts caused by permanent or temporary acquisition) of affected people and a baseline socioeconomic survey of the affected population, determine the scope and magnitude of likely resettlement and land acquisition effects, and list likely losses of households, business and income opportunities, as well as affected communal assets and public buildings; (v) In consultation with local stakeholders, government and RITES LTD, develop an entitlement matrix, on the basis of the consultations, socio-economic surveys, and inventories of losses that will determine the amount of compensation in accordance with the guidelines and policies of the Government; (vi) Prepare the plans with full stakeholder participation, including the Government and RITES LTD. Consult with affected persons and community-based organizations to ensure that all affected persons have been fully informed of their entitlements through the consultative processes initiated by the Government and RITES LTD. Ensure that communities and displaced persons understand the project, its impacts, and the responsibilities of the parties; and (vii) Analyse and confirm the following aspects that will apply to land acquisition and resettlement in the project area: (i) laws and regulations, including local practices; (ii) budgetary processes for involuntary resettlement and land acquisition; (iii) schedules for these activities that are coordinated with the construction schedule; and (iv) administrative arrangements and requirements.
4.10 Environment Impact Assessment and assisting RITES LTD in obtaining environmental clearance and approval from the competent authority (a) The Consultant shall undertake environment impact assessment of the Project as per provisions of the Applicable Laws on environment protection and identify a package of measures to reduce/eliminate the adverse impact identified during the assessment. An environmental impact assessment report and environmental management plan shall be prepared based on such assessment. The management plan shall include project specific mitigation and monitoring measures for identified impacts as well as management and monitoring plans to address them. (b) The Consultant shall also assist RITES LTD in conducting public hearings and addressing the comments and suggestions received during the EIA process with a view to getting environmental clearance from the competent authority.
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4.11 Preliminary designs 4.11.1 The Consultant shall prepare preliminary design of the Mandatory Works which shall form the basis of establishing rough project costs. This shall include further preliminary design of major elements of Master Plan required for preparation of rough cost estimates such as foundation of typical columns, positioning of columns on platform and tracks, structural system supporting unique and uncommon architectural elements, typical parameters of unique and special architectural finishes, parameters of external architectural facades/canopies, operational and passenger areas including size, location and minimum facilities to be provided in each area, platform and concourse floor usage plan showing positioning of important operational and passenger facilities, etc. These shall be prepared in sets of A-3 size drawing sheets containing drawings as well as design parameters. The objective of these drawings is to enable the Bidders / RITES LTD to make a preliminary estimate of the cost of Mandatory Works. Preliminary design drawings together with outline specifications shall be adequately clear so as to safeguard the functional requirements of RITES LTD and users. For detailing and explaining the plans/structures/structural components, three/two dimensional sketches using software shall also be provided.
4.12 Project cost and Preparation of BOQ and Cost Estimates 4.12.1 The Consultant shall work out BOQ of various components and prepare rough cost estimates of the Mandatory Works with a break up of cost for each component separately. To the construction cost so arrived at, the Consultant may add provision for physical and price contingencies, etc. The project cost for different phases shall be indicated separately.
4.13 Financial analysis 4.13.1 The Consultant shall assist the Financial Consultant by providing the estimated construction costs including phasing thereof, infrastructure improvement cost outside railway land on Project Railway Station, cost of R&R, etc.
4.14 Obtaining “in principle approval” from local bodies 4.14.1 The Consultant shall obtain approval from all concerned local authorities, other Government Departments, Traffic Police, Railways, etc. which are required as per law. The Consultant shall ascertain the formalities that need to be gone through and submissions that need to be made. The Architect who is duly authorised to sign the submissions shall sign and make necessary submissions in this regard. The Consultant shall interact with the relevant authorities, wherever required for obtaining clearances/approvals and carry out necessary changes/improvements required for obtaining such clearance/ approval. The Consultant shall make presentations regarding Bids as and when required for obtaining approvals, clearances etc. or as otherwise requested by the project team. 4.14.2 The responsibility for defending the plans/Proposals and designs including modifications thereto, if any, before the various authorities shall remain with the Consultant.
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4.15 Preparation of Technical Schedules for Tenders 4.15.1 The Consultant shall prepare, revise and update all technical schedules for the Tenders for Mandatory works as well as Ist Phase of Commercial Development. These schedules will define the RITES LTD’s architectural parameters and controls as well as the minimum technical requirements, which shall be mandatory for the Concessionaire. These schedules shall consist of drawings and design, construction and functional outline criteria and will generally define the site of the project including the existing assets and facilities, scope of relocation and development, floor plans showing uses of space, development control norms for the proposed development, scope of other civic infrastructure such as roads, parks, landscaping etc. Generally the content of these schedules shall be derived from the approved Master Plan and draft Technical Feasibility Report and shall be submitted as part of the final Technical Feasibility Report. The schedules shall be prepared separately for different phases of Project.
4.15.2 Architectural Controls The Consultant shall prepare Architecture Controls conforming to the Local Building Byelaws and in harmony with the Master Plan, which shall include but not be limited to: i) Urban Design /Development related a. Preliminary Proposal for development/redevelopment at the land parcels other than the station building and their impact on immediate environs. b. Volumetric study and Urban form recommendations including pedestrian/vehicular movement and parking ii) Architectural Control/guidelines a. Drawings showing architectural controls/guidelines (like building heights, shapes, volumes, elevation controls, façade designs, materials, etc.), features and specifications b. Typical drawings showing street hierarchy and types with cross-sections along with incidental landscaping, street furniture and graphic signage, etc. c. Drawings showing treatment to the common facilities like circulation, common parking, open spaces and external architectural form.
4.16 Preparation and Management of Technical aspects of Bid Management: DELETED
4.17 Detailed design of Structures and Systems 4.17.1 After approval of the Master Plan and on specific approval of RITES LTD, the detailed design of structures and systems shall be taken up by the Consultant for Ist Phase of Mandatory Works. 4.17.2 The Consultant shall be required to carry out the complete detailed design of structures and systems pertaining to civil, electrical, telecommunications, security, fire-fighting, ventilation, vertical circulation elements, BMS / SCADA etc. and including the detailed examination of proposed design from Green Building considerations, vibrations, acoustics, disabled friendliness and other aspects as per RITES LTD’s specifications and requirements for other similar projects. For ample clarity, RITES LTD shall engage only consultants for Proof Checking of designs and the Contractor(s)/Developer(s) engaged by RITES LTD shall bear the expenses for commissioning of the equipment, and all other design work is within the scope of the Consultant.
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4.17.3 Before taking up design, the Consultant shall prepare, and get approved from RITES LTD, a Design Basis Report (DBR) covering the basic approach to design, software to be used, the codes to be followed including their hierarchy and the various important parameters of design. The DBR shall be prepared separately for each major area of design like civil, MEP, BMS / SCADA etc. 4.17.4 The above detailed design shall be given in-principle approval by RITES LTD for which the proof checking shall be got done for structural design and any other design as desired by RITES LTD at its own cost. It shall be responsibility of the Consultant to associate with the agency chosen by RITES LTD for carrying out the proof checking as well as with RITES LTD for obtaining in-principle approval and reply to any queries raised or clarifications required. 4.17.5 The item wise quantities for different items / components of work shall be prepared along with estimated rates to form a Bill of Quantities (the “BOQ”). The Technical schedules to be prepared for tenders for Phase I of Mandatory Works and the scope of the services as per the clause 4.16 above shall be further carried out with the detailed design and BOQ thus prepared.
4.18 Good for Construction Drawings (GFC’s) 4.18.1 In case the consultant carries out the detailed design, the GFC’s shall be prepared for Phase I of Mandatory Works by the Consultant. 4.18.2 The Consultant shall issue GFCs based on the approved design for execution of work at site. The Consultant must endeavor to provide GFCs such that the work of the contractor is not delayed on account of the same. 4.18.3 The Consultant shall clarify the drawings/ design, offer interpretation of the drawings/specifications to the Contractor(s)/Developer(s). 4.18.4 The Consultant shall conduct periodic site visits to understand the issues related to construction and issue revised GFCs as per requirements on site.
5. Deliverables The Consultant shall deliver the following deliverables (the “Deliverables”) during the course of this Consultancy. Each Deliverable shall include drawing, report, photographs and such other documents that generally comprise Deliverable for similar consultancy work internationally by way of best practices. The Deliverables shall be so drafted that they could be given to the prospective developers for guidance in preparation of their bids. [6(Six)] hard copies and [3(three)] soft copies in CDs/ DVDs / pen-drives of all the Reports, Drawings, 3D views etc. mentioned below shall be submitted to RITES LTD. The size of drawings shall be A-3 (maximum) up-to Feasibility Report. Subsequent stage drawings may be submitted on larger sheets.
5.0 Inception Report: It shall have following two components: (i) On commencement of the Consultancy, the Consultant shall submit an Inception Report (the “Inception Report”). The Inception Report shall be further elaboration of the Consultant’s submissions towards understanding of the RFP, the methodology to be followed and the Work Plan. This submission will be for reference purposes only to clearly map out the method and manner in which the Consultant plans to approach the assignment. Inception Report shall also include the details of the team to be deployed including roles of team members, proposed timelines for presentations, submission of various draft and final deliverables and visits of Personnel in order to complete the Consultancy in time.
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(ii) Consultant’s Quality Assurance Plan (QAP): The Quality Assurance Plan may be based on Lead member’s own quality assurance system but complying international best practices in architectural, technical consultancy. RITES LTD’s requirements in the project and deliverables shall be included in the QAP. On acceptance by RITES LTD, the Plan would form the basis on which the consultant shall carry out the services for the Consultancy.
5.1 Land Due Diligence Report: Land due diligence shall be done to establish the total area under the ownership of Railway as per the revenue records, the actual land under Railway possession and its correlation with the revenue records, any encroachments/ encumbrances on the Railway land etc. This report shall be prepared in three parts:
(i) Preliminary Land Due Diligence Report: The consultant shall submit a report outlining the extent of project boundaries, details of preliminary survey of land to establish the land under possession of railways at the Project Railway Station, land record available with railways, collection of details about land readily available from revenue department, discussions with officials of railways/ local authorities to establish the other aspects of land including any adjoining piece of land which can be dovetailed into the master plan, any land under litigation and the determine scope of work required to complete the Land Due Diligence. The consultant shall be required to visit offices and concerned representatives in Railways, Local L&DO offices, Office of Corporation and Urban Local Bodies, etc to establish the actual land records for railway land and adjoining land parcels. Ownership records, property cards, Land Title transfer details (if any), records of ongoing legal matters related to land ownership status shall be collected and submitted to RITES LTD, by the consultant.
(ii) Intermediate Land Due Diligence Report: The Consultant shall submit a report establishing the extent of project boundaries based on land records available and topographical survey of site, revenue RITES LTD maps of the area under which the Project land falls, map showing all encroachments/ encumbrances on the Project land. In this report, the application made to revenue authorities, and any discussions held, for issue of Property Card, or similar document establishing clear title of Railway shall also be enclosed.
(iii) Final Land Due Diligence Report: The final land due diligence report shall contain the Property Card or similar document establishing clear title of Railway on the Project land, in exceptional cases, and any areas for which railway records are not available for which issue of Property Card is deemed not possible.
5.2 Preliminary Report (PR): (i) Preliminary overall planning: The yard plan as furnished by RITES LTD/Railways and the railway requirements at the Project Railway Station would form the basis for development of the Master Plan and Technical Feasibility Report. The Consultant shall review the existing/proposed yard plan of the Station for better space utilization and accommodating the structural frame-work of the proposed buildings/structure, platforms and tracks. Based on the above review, the Consultant shall suggest refinement in the proposed yard plan for the Station including to allow the construction of the Project. The Consultant shall furnish the feasible phased relocation layout plans with risk analysis, which needs to be interfaced in the report including the various railway operational activities like catering/parcel/ linen handling in addition to station management/ commercial activities planned as part of Master Plan. Reference Master
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Plan derived from their previous work or from similar other project as an example how the final product of the Consultancy shall shape up. (ii) Preliminary area requirements and Cost: The Consultant shall prepare quick estimates of floor area requirements for passengers, railway operation and real estate for meeting the objective of the Project and prepare a concept paper for FAR requirements for the railway land and other Development Control Norms to enable RITES LTD to identify the Built Up Area available for commercial exploitation and to engage with the relevant local authorities for ‘in-principle’ approval and/or for amendments in the extant provisions, if any. (iii) Consultation with Local Bodies: The Consultant shall carry out consultation with all the concerned local authorities for the in-principle approval and the outcome of the meetings shall be incorporated in the preliminary report. (iv) Part Report on Traffic Survey: The Consultant shall submit a Report giving the locations to be studied as part of Traffic Survey along with their justification, which shall be got approved from RITES LTD before the Traffic Survey is taken up. The report shall also have the first 7-day classified traffic volume count giving an analysis of hourly and daily variations. (v) Project Viability Report: A report bringing out the prima-facie viability of the project shall be brought out. It should be based on the preliminary land due diligence, Development control norms, local bye laws and the preliminary cost worked out on the basis of preliminary area requirements. RITES LTD shall provide real estate survey for the area with respect to the Project as per feasible development advised by the Consultant and decide if the project is viable or not. In the event that a viable project does not seem feasible, the Consultant shall not proceed further with the Consultancy and the same shall closed and no further work shall be done. Payment for further stages of work shall not be payable in such a case.
5.3 Infrastructure Development Report The Consultant shall review the existing infrastructure at the Station and this shall include but not be limited to condition of assets, capacity, location etc. and shall suggest improvements, up-gradation and the requirements of additional infrastructure for achieving the Objective. Based on the estimation of passengers, integrate the land available and capacity constraints to station layouts. The Consultant shall also suggest whether the passenger handling capacities could be increased beyond what is present at the Station and if so the additional infrastructure needed thereof. The Consultant shall undertake topographic survey of the Project, identify major issues concerning land and as built structures. The report shall be delivered as Infrastructure Development Report (the “IDR”) having the following components: Report on Topography Survey, Geotechnical Survey, Building Condition Survey, Requirement of additional land, Utility Relocation Plans and Utility-wise preliminary plans together with approximate costs for shifting/relocation shall be provided.
5.4 Land Redevelopment Report The Consultant shall review the existing land use (such as buildings, structures, access roads, trees, green areas etc.) on the railway land surrounding the Station. The review shall include, but not be limited to the condition of assets, need for replacement and the permissible land use in the area. The Consultant shall suggest improvements, relocation, rebuilding, additional civic amenities and the possibility of release of space for improvement in circulation network and commercial development. The report shall be delivered as the Land Redevelopment Report (the “LRR”).
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Land Plan Schedules (a) Plan of the Project site showing the existing Railway land ownership based on Land Registry Records (along with all the existing assets within the boundary) and encroachments, if any, together with a list of such encroachments along with their brief description (b) Land Plan schedules for acquisition of additional land and/or additional land which can be taken up for joint development where required.
5.5 Geotechnical Investigations Report In order to provide reasonable detail to the bidders for assessing the type and cost of foundation of buildings and structures, the Consultant shall carry out geotechnical investigations and including the analysis of results and report on foundation type and depths required for the construction. The report shall be delivered as the Geotechnical Investigations Report (the “GIR”).
5.6 Traffic Planning Report The Consultant shall review the existing road connectivity of the Station with the city and recommend improvements in approaches, circulation, parking areas for better and smooth traffic flow to and from the Station. While the primary focus of the assignment is to plan for wide dispersal of traffic within the Project Railway Station Area, the consultant shall also analyse the road and transport infrastructure within the 5Km influence area to assess its capacity for taking future load of enhanced traffic flow in the region as a result of station upgradation and planned commercial development. The report shall be delivered as the Traffic Planning Report (the “TPR”).
5.7 Concept Plan 5.7.1 The Consultant shall prepare Concept Plan conceptualizing the vision of developing the Project Railway Station. The Consultant shall prepare concept plans of typical buildings for each type of the developments shown in the master plan to include the following – • Architectural concept plans showing roads/circulation, parking, landscaping, entry /exits, etc. surrounding the building in greater detail than that provided in the master plan; • Typical elevation of the proposed buildings including showing the adjoining features; • To prepare an isometric view of the proposed buildings/surroundings. 5.7.2 The Consultant shall prepare at least three conceptual alternatives, which must be equally complete, feasible and viable in all respects, yet significantly different to provide RITES LTD a range of options to choose from. These alternatives shall be presented at an intermediate stage before draft submission stage. The Consultant will assess the approximate costs and benefits of different alternatives and present the alternatives to RITES LTD bringing out the comparative merits and demerits of each, including real estate and financial feasibilities comparisons and further detailing will be done for the alternative selected by RITES LTD. However, the Consultant might be asked to further sufficiently detail the other alternatives including to provide elementary 3-D views for allowing RITES LTD to make a selection. Consultants might have to rework/modify the scheme based on interactions with the observations of RITES LTD. RITES LTD might selectively choose some concepts from each alternative and the Consultant may have to develop a fourth alternative plan incorporating these concepts to the satisfaction of RITES LTD. The Consultant might be asked to sufficiently detail the alternatives to enable RITES LTD to select one of them.
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5.7.3 Further, detailing to create Master Plan will be done for the concept plan selected by RITES LTD.
5.8 Master Plan 5.8.1 The Consultant shall prepare a Master Plan (the “Master Plan”) giving the land use, architecture, urban design and associated parameters for the development of the Project Railway Station into a world class passenger terminal and transit oriented mixed use development in a manner which would utilize the existing land and infrastructure to the best advantage without being constricted in creativity and imagination for designing a truly urban icon. 5.8.2 Stations shall be designed to demonstrate the impact of design changes to improve fluidity to disperse/handle passengers efficiently. 5.8.3 The Consultant shall study the profile of passenger and non-passenger users of the Station for various aspects including but not limited to their socioeconomic condition, paying capacity, their travel and behavioral patterns, time-spends at the Station etc. and bring out essential elements of services to be provided at the Station for achieving the Objective. 5.8.4 The Consultant shall provide sufficient details of commercial space that can be built above the station and other service buildings, in the air space above railway tracks and on surrounding railway land so that the prospective developers are able to appreciate the non- operational revenue potential of the entire development with a fair degree of predictability. The Consultant shall study and take into account the urban land use, development norms, Floor Area Ratio (FAR) and all other such requirements as laid down by the applicable laws and regulations. 5.8.5 The Technical Consultant shall study the traffic pattern of the area taking into account the future planned developments of Local Agencies, Government Authorities, the railways and other existing / proposed urban transport systems, and the impact the development of the Station and its surroundings is going to have on it. Based on such study the Consultant shall prepare the plan for development of circulation network, pedestrian walkways, subways, traffic integration, parking etc. 5.8.6 The Consultant shall provide for adequate and possible public spaces such as parks, fountains, and green landscaping in the plan so that the development Project makes value addition to the quality of life of station-users. The drawings for Commercial Development should adequately address the requirements of public amenities such as parking, circulating areas, rest areas, toilets, drinking water etc. 5.8.7 While preparing the Master Plan, the Consultant shall integrate the recommendations contained in the previous reports like TPR, IDR and LRR. 5.8.8 The Consultant shall include the following in the master plan of the station: • Layout and quantification of necessary infrastructure like roads, storm water drain, rain water harvesting, sewerage, power supply, water supply, landscaping etc.; • Layout and area of plots for various types of Commercial Development like shopping/retail, offices, hotel, academic institutions, hospitals, entertainment, logistics, parking, parks, green area etc and determine the quantum and character of development for each plot; • Feasibility of exploitation of full potential of FAR permissible; • Phasing of development including development periods; and
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• Commentary on the planning with respect to best practices and development control norms and approvals required from local statutory authorities. 5.8.9 Master Plan should be submitted in two parts. Part 1 should be the Master Plan for the Mandatory Works and Part 2 should be the Development Plans for the surrounding railway land. Part 1 should include but not limited to floor plans, ground plans, L-sections, cross sections, passenger and operational facilities, streetscape views and perspective views of the of the Proposed station complexes comprising station building, commercial developments, circulating sections etc. Part 2 shall include general arrangement drawings, land use, relocations/reconstructions, road network, etc. as well as all the connecting roads requiring modifications. The phases for implementation shall be clearly shown in the Master Plan. 5.8.10 The Consultant shall prepare soft copies of material for marketing the Project as approved by RITES LTD which shall include 3-D views from multiple angles/plans/elevations etc to be printed by RITES LTD on posters and a 3D walk-through of the Master Plan prepared with latest software. The walk-through shall be prepared after the script for the same is approved by RITES LTD. The walk-through shall indicate the overview of the project philosophy of design, facilities in the Project from users’ perspective and highlight special the planning/architectural aspects of the Master Plan. The walk-through shall have proper music, and voice over/sub-titles as per the script. The minimum duration of walk-through shall be 3 minutes. The cost incurred in preparation of walkthrough shall be reimbursed to technical consultant on prevailing market rates. RITES reserve the rights to verify the rates from market. However, any revision/ updation/ modification in the walkthrough at later stage shall not be reimbursed. 5.8.11 The presentations on Master Plan shall be held at New Delhi, the divisional/zonal railway offices of the Project Railway Station and in local body offices for obtaining necessary opinions/approvals.
5.9 Capital Expenditure (Capex) Report 5.9.1 The Consultant shall prepare a phasing plan for implementation of the Master Plan in consultation with the RITES LTD and other consultants hired by RITES LTD. Phasing plan should also cover how various utilities will be provided in each phase. The Consultant shall identify and prepare an exhaustive list of works to be included in the different phases in a manner that is feasible and which improves passenger services at the Station.
5.9.2 Preliminary CAPEX Report: The Consultant shall classify various elements of Trunk infrastructure and common public utility services proposed in the IDR and Master Plan into those that are necessary from the Station/user standpoint including common Trunk infrastructure for commercial development and infrastructure required to be developed for respective sites identified for Commercial Development. The Consultant shall provide a preliminary CAPEX report giving costs for different components of Mandatory Works under different heads and provide separate cost estimates for different phases, and also indicate the cost of Commercial Development. The schedule of finishes for various components of project shall also be proposed in this report. During the planning process, the components of different phases may change and in that case, the preliminary CAPEX Report shall be modified accordingly.
5.9.3 Final CAPEX report
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While preparing the final cost estimate for Mandatory Works based on final Master Plan, the Consultant shall consider the final schedule of finishes, estimated quantities and rates for building floor areas, underground construction, foundation, roof structure, roof covering, steel structure, bridges/viaducts, roads, landscaping, electrical sub stations, SCADA, A.C. & Ventilation, lighting, passenger amenities, Building Management System and building services including escalators, lifts, fire alarm, fire-fighting evacuation, earthing of installations, special finishes, Telecom and passenger information system, data networking, Security equipment/system, water supply, sewerage, power supply etc. under separate sub heads so that the reasonableness of the cost estimate can be ascertained. The Schedule of items & Quantities for all components of mandatory works as listed out above, have to be incorporated in the report, so that the same can be taken for preparing schedule as well as for preparing mandatory Capital Expenditure report. The above report including such cost estimates for the Mandatory works shall be delivered as the Mandatory Capital Expenditure (Capex) Report (the “MCR”). The MCR shall be prepared for all phases of Mandatory Works. The Capital Expenditure for commercial Development shall also be indicated on block cost basis. Cost estimates shall include all the costs including cost of construction, land acquisition, relocation of structures, R&R, cost of real estate, cost of augmenting infrastructure, cost of creation of infrastructure for Commercial Development, etc. for Mandatory Works and shall include: a) BOQ b) Cost Estimate for the Station Project. c) Cost of Real Estate Development. d) Cost of creation of Infrastructure on Commercial Development e) Total Project Cost
5.10 Technical Feasibility Report The technical feasibility report (the “Feasibility Report” or “FR”)shall include the revised and updated Master Plan after incorporating observations of RITES LTD, an executive summary of relevant survey/study reports, site plans, drawings of traffic integration, plans at each floor level, sections and elevations, perspective plans, landscape design, streetscape plan, land acquisition, structure relocation and R&R, costing, plans for Commercial Development, financial analysis, Environmental & Social impact Assessment, preliminary risk Analysis, sensitive structure study, phasing and construction planning and shall consist of but not be limited to the following:
5.11.1 Preliminary Drawings After receiving the approval of RITES LTD on the Master Plan, the Consultant shall prepare the preliminary drawings for key foundations, superstructure, underground structure, roof structure, water supply mains, electrical power supply and distribution, communication systems, Passenger Information Systems, sewerage mains, storm water drainage, landscaping etc. in sufficient detail so as to demonstrate the constructability and feasibility of the Master Plan. This shall include but not be limited to site plans, floor plans, ground plan, L-sections, cross sections, elevations, perspective views, streetscape plan, conceptual plans for Commercial Development, traffic integration plans and landscape plans including brief design commentary. Preliminary traffic drawings shall be prepared which shall inter-alia include: geometrical design, plans, intersection/junction design, grade separators and inter changes with ramps. L-sections, cross sections; preliminary design and drawing of structures and typical
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detailing, etc. Where relevant, drawings showing the existing features in the development area with the proposed improvements marked thereon shall be prepared. Preliminary drawings for access regulation and traffic circulation shall also be prepared. Designs shall inter-alia include segregation of various types of road traffic in accordance with design of handling/parking facilities. General Arrangement Drawings (GADs) required for obtaining approvals railways including from Commissioner of Railway Safety (CRS) shall be prepared. Normally the reference for GADs are taken by railways from the station building and track center line. This aspect shall be kept in mind while preparing the GADs, and the GADs shall highlight the issues related to Schedule of Dimensions applicable, and the safety of trains/ passengers during execution of work. 3D model views and Walk-through shall be updated, if required. After the preliminary drawings are approved, a physical model shall be prepared and submitted to RITES LTD. The size and scale of the physical model shall be adequate to illustrate the concepts and shall not be less than [40] sq. ft. in Plan area If directed by the RITES LTD, the model, can be submitted in two modules keeping the total plan area, one indicating the overall master plan and the other indicating the station portion. The sizes of the two modules shall be decided by RITES LTD before the models are prepared. Consultant shall modify the physical model matching with modifications carried out during the process of approval, if required. The cost incurred in preparation of Physical model(s) shall be reimbursed to technical consultant on prevailing market rates. RITES reserve the rights to verify the rates from market. However, the cost incurred in modifications of physical model(s) to match with modification carried out during process of approval shall not be reimbursed.
5.10.2 Utility Drawings and Diversion Plan (GAD Format) The consultant shall make an independent report for utility mapping along with all relevant details and validate the same. This will include the set of drawings and also the basic details of trenching, photographs of trench locations depicting utilities, etc. These basic details shall be co-related to develop draft mapping of existing utilities which will be validated through local information and from the utility owning RITES LTD. Wherever considered necessary, verification shall be done by validation trenches. These maps then will be taken for the purpose of developing diversion plans whether temporary or permanent diversions. The Consultant shall prepare conceptual diversion plans as might be required for carrying out development of the Station as per the Master Plan and Technical feasibility Report.
5.10.3 Road Traffic Diversion Plan For the proposed construction in the station area and on the existing approach roads, a conceptual traffic diversion plan shall be prepared by the Consultant showing the minimum lane width to be provided, clear of all obstruction at all times during various stages of construction and introduction of unidirectional traffic flows if required. The Consultant shall recommend temporary road widening, pedestrian ways and crossing in the diversion plan. Traffic diversion schemes for surrounding roads for each phase of the project shall be prepared in consultation with the Traffic Police and concerned road owning department. It shall also include the flow of construction traffic. Integration with the Station for movement of passengers, parcels and services such as catering and linen shall also be planned for each phase of execution.
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5.10.4 Construction Methodology In order to achieve, the Objective the Consultant shall suggest a construction methodology that is reasonably elaborate and economical laying down construction sequences, temporary structures, diversion plans and construction phasing.
5.10.5 Construction Plan The construction plan shall include the methodology for execution, equipment required, site planning with respect to locations for storage, flow of construction traffic, handling of materials, fabrication yards, movement of materials, road traffic diversions, rail traffic diversions/blocks, passenger management, temporary arrangements, temporary parking, utility diversions and project scheduling. Requirements of land for setting up the construction site office, batching plants, other equipment, labour camp, material storage space etc. shall be planned for different phases. The land not clear due to presence of existing structures, or requiring action on R & R/land acquisition shall be kept in mind while preparing the Construction Plan. During all phases of the construction, safety and convenience of users and other affected persons has to be adequately taken care of. All affected entities shall be consulted and their concerns taken into account while detailing the construction planning so that an agreement is reached. The Consultant shall consult and coordinate with various concerned officials of the Project Team, Traffic police, Municipal Govt., and various utility/services owning departments/ companies while preparing the construction planning, and RITES LTD shall assist the consultant in obtaining their approval when required.
5.10.6 Passenger management plan It shall include planning for diverted flow of passengers, ticketing and waiting area, essential passenger facilities, amenities and convenience, cleanliness and hygiene, access to platforms, crowd management, parking and passenger safety. It shall also include planning for dealing with parcels, catering and linen movement during each phase of the construction.
5.10.7 Environmental Impact Assessment and Social Impact Assessment The Consultant shall carry out an Environmental Impact Assessment (the “EIA”) and Social Impact Assessment(the “SIA”) of the Project involving community interaction and public hearing with a view to recommending specific measures for implementation so as to be compatible with ISO 14001 standards and applicable laws.
5.10.8 Risk Analysis & Risk Mitigation strategies The Consultant shall provide all the risk factors involved including market risk, business risk, credit risk, operational risk, political risk, social risk, regulatory risk, legal risk etc. and also the analysis of risk factors, their likely impact on the project costs, schedule and the feasibility shall be brought out clearly.
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5.10.9 The Consultant shall obtain approval from all concerned local authorities, other Government Departments, Traffic Police, Railways, etc. which are required as per law. The Consultant shall ascertain the formalities that need to be gone through and submissions that need to be made. The Chief Architect who is duly authorised to sign the submissions shall sign and make necessary submissions in this regard. The Consultant shall interact with the relevant authorities, wherever required for obtaining clearances/approvals and carry out necessary changes/improvements required for obtaining such clearance/ approval. The Consultant shall interact with Railways through RITES LTD for obtaining clearances/approvals and carry out necessary changes/improvements required for obtaining such clearance/ approval. The Consultant shall make presentations regarding Bids as and when required for obtaining approvals, clearances etc. or as otherwise requested by the project team at the location specified by RITES LTD.
5.10.10 Performance Standards The Consultant shall also submit the performance standards for the passenger amenities/facilities during the operation of the facilities and submit along with the Feasibility report. The above performance standards shall be set with all due diligence, efficiency and economy, in accordance with generally accepted professional techniques and practices, and shall observe sound management practices, and employ appropriate advanced technology and safe and effective equipment, machinery, materials and methods.
5.10.11 Other reports as may be prepared by the Consultant in compliance of this TOR, but not forming part of the Reports specified in clauses above. In particular, the Feasibility Report shall include but not be limited to the following: (i) Drawings a) GAD and floor plans of the Station and surrounding land (Complete Master Plan, and Mandatory Works), suitable for executing the project further on Building Information Management (BIM) framework with 2-D drawings being generated through 3-D models, as prepared from the field survey done by the Consultant (in soft as well as hard copy). Any aerial survey data provided by RITES LTD can be used after due verification at site and modifying the details if required, based on field survey done by the Consultant. b) Typical details of important components such as foundation, cross sections of platforms, column of viaducts, cross sections of station buildings etc. c) Landscape plans of traffic circulating areas around the Station showing road circulation, parking, pedestrian walkways, access to subways/elevated passageways, access to Commercial Developments etc. d) Platform plans showing details of facilities on each platform. e) Cross-sections of yard including levels of different tracks and platforms. (ii) Investigation reports a) Soil investigation report. b) Topographical survey to the extent required c) Geo-technical investigation report. d) Land Due Diligence and Land Acquisition Report. e) Study of existing drawings, As-built survey, survey of structural formwork and condition assessment report, Study report of sensitive structures. f) Survey report of services and utilities Page 93 of 129
g) Traffic survey and integrated traffic plans h) Study report of past studies and future development plans i) Passenger survey and demand assessment report including Train Passenger profile report with future projections j) Report on Development Control Norms k) Abstract findings of Environmental and Social impact study (iii)The consultant shall also set the performance standards for the passenger amenities/facilities during the operation of the facilities and submit alongwith the Feasibility Report. The above performance standards shall be set with all due diligence, efficiency and economy, in accordance with generally accepted professional techniques and practices, and shall observe sound management practices, and employ appropriate advance technology and safe effective equipment, machinery, material and methods.
5.11 Technical schedules: The Consultant shall prepare Technical Schedules for Tender documents for selection of contractor/ developer for Mandatory Works and Phase I of Commercial Development 5.11.1 The Consultant shall prepare, revise and update all Technical Schedules and Drawings as per the requirements of the tender document in order to convey the information required to the bidders. These schedules shall define RITES LTD’s minimum technical requirements, architectural parameters and controls, which shall be mandatory for the Contractor/Developer. These schedules shall consist of drawings and designs, construction and functional outline criteria and will generally define the site of project including the existing assets and facilities, scope of relocation and development, floor plans showing usage of space, development control norms for the proposed development including approvals already obtained and approvals in process, for Mandatory Works as well as Phase I of Commercial Development, in line with the phasing already decided. The mode of tendering shall be as decided by RITES LTD and the tender for Mandatory Works and Commercial Development can be separate or single composite tender can be called. 5.11.2 Detailed Specifications and Schedule of Finishes The consultant is required to review and update detailed schedules of finishes, specifications, colors, makes and models of all items required for constructing Mandatory Works as per CPWD or Maharashtra Schedule of specifications. The consultant shall also provide specifications, details, etc. for new / non-scheduled items. While the existing RITES LTD specifications and schedule of finishes shall be adopted to the extent possible, project- specific variations, especially in respect of finishes and exteriors would have to be specified.
5.12 Bid Process Management Report: The Consultant shall carry out the following, and submit a Bid Process Management Report after completion of the Bidding processfor Phase I of Mandatory Works and Phase I of Commercial Development: 5.12.1 The Consultant shall prepare replies to the written queries made by the bidders on the technical aspects of the bid documents. The reason / logic for the replies and any addendum / corrigendum shall also be given to RITES LTD. The Consultant shall take part in the pre- bid conference for award of tender/concession and furnish such technical clarifications as may be called for. This may include modifications in plans based on bidders’ queries and/or suggestions as are considered improvement on the Master Plan already prepared. The technical schedules already prepared may be required to be altered in such cases.
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5.12.2 Further, modifications/suggestions to the Master Plan of the Station, if considered necessary by the prospective bidder, may be submitted along with technical Bid. The Consultant shall revise the technical schedules of the concession agreement and feasibility report on the basis of any better alternatives and accepted technical Bids so as to permit short-listed bidder to adopt the design contained in their accepted technical Bid subsequent to award of concession. The Consultant shall resubmit schedules of the concession agreement along with an updated Technical Feasibility Report and Master Plan and requisite addendum / corrigendum along with reason / logic for the same. 5.12.3 The Consultant shall assist RITES LTD in evaluation of the bidders’ technical proposals for the Project, if any sought in the bidding process.
5.13 Detailed Design and Bill of Quantities 5.13.1 The Consultant shall prepare Detailed Design and Bill of Quantities based on the detailed design for the Mandatory Works. This shall be done as per detailed scope of services. 5.13.2 The Technical Schedules under clause 5.12 and the final MCR under clause 5.10.3 shall be prepared using the Bill of Quantities so prepared.
5.14 Good for Construction Drawings for Mandatory Works 5.14.1 The consultant shall prepare Good for Construction drawings as per detailed scope of services for implementation of all mandatory works. The Consultant shall also provide coordinated service drawings. All necessary drawings required for proper construction of Mandatory Works shall be furnished by the Consultant on BIM format approved by RITES LTD. The level of details to be followed for the GFCs shall be LOD 300 and properly dimensioned 2D drawings shall be generated from the design 3D model and the 3D drawings shall also be furnished to the Contractors/Developers to supplement the information provided through 2D drawings. 5.14.2 Consultant shall visit the project site on periodic basis to appraise RITES LTD of issues arising during construction and issue sketches/ revised drawings for faster and effective implementation. 5.14.3 The preparation of Good for Construction drawings shall be initiated by the consultant immediately after submitting the Tender Drawings for calling of tender for selection of contractor/ developer. The first set of GFC drawings shall be submitted well in advance of start of construction works on ground by the contractor/ developer.
5.15 SPECIFIC REQUIREMENTS FOR THE PROJECT For preparing Schedules of the Development Agreement and other specific requirements, the Consultant shall: (a) Provide utility wise preliminary plans for shifting of existing utilities and construction of new utilities along or across the Station Project. (b) Based on the Consultant’s assessment of the time period until which expansion of the Project may not be required, the Consultant shall identify and indicate the list of spaces where expansion need not be provided by the Concessionaire even when passenger volume actually exceeds the specified design service volume (This should include details of any additional land being acquired or proposed to be acquired for improvement of passenger amenities). (c) Provide a list indicating locations of encroachments on the Project Station along with a brief description thereof.
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(d) Specifically bring out the requirements of any special structures like special super structure on the Project Station (e) Indicate proposed location of parking spaces. (f) Provide an estimate of the number of trees to be planted as compensatory afforestation.
6 Time and Payment Schedule
6.1 The total duration of this consultancy assignment shall be 2 (Two) Years (104 weeks), excluding any delay in granting approvals including by RITES LTD to the draft reports. Consultant shall deploy all his Key Personnel at the Project office in as per Manning Schedule proposed. Most of the Personnel should be deployed at Project Office and only those Expatriate Personnel and Key Personnel whose full time availability is not required may work from offices away from Project Office as per the Manning Schedule. However, intermittent services will be required beyond 730thday till the completion of construction of all Mandatory works and Completion of Transaction Advisory of Phase-1 of Commercial Development (whichever is later).
Irrespective of the availability, or otherwise of the Personnel beyond the period of 104 weeks / till the end of 150 weeks, it shall be the responsibility of the Consultant to provide these services as per the Agreement. Except as otherwise provided in the Agreement, economy air return fare and per diem at the agreed man day rates shall be reimbursed for additional services required from the Consultant after the completion of construction of all Mandatory works Completion of Transaction Advisory of Phase-1 of Commercial Development. No reimbursement shall be due in respect of travel time.
6.2 Time schedule for submission of important deliverables, shall be determined by the maximum permissible number of days from the Effective Date of the Agreement (the “Key Days”).
The Key Days and payment schedule linked to the specified deliverables are given below:
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Key Description of deliverables Days from Date Payment Deliverable of (% of No. Commencement Agreement of Services Value) (i.e. 10th days from LOA) (In Days) KD1 Inception Report, Quality Assurance Plan and 15 Nil Preliminary land due diligence report including proposed development plan and 3-D views. KD2 Preliminary Report (PR),Infrastructure 30 days from Nil Development Report (IDR), Intermediate Land approval of KD1 Due Diligence Report, Land Redevelopment Report (LRR), and Geotechnical Investigations Report (GIR) KD3 Draft Concept Plan, Traffic Planning Report 75 days from Nil (TPR), Preliminary CAPEX Report, and Final approval of KD1 Land Due Diligence Report KD4 Final Master Plan including ‘walk-throughs’& 30 days from 5% physical model. approval of KD3 KD5 Technical Feasibility Report and Final CAPEX 30 days from 5% Report approval of KD4 KD6 Technical Schedules – For Mandatory Works 60 days from 5% approval of KD4 KD7 Technical Schedules – For other areas 60 days from approval of KD4 KD8 Environmental Clearance and Social Impact 60 days from 5% Assessment Report. approval of KD4 KD9 Obtaining of required Clearances 90 days from 5% approval of KD4 Sub Total 25% KD10 Detailed design and Bill of Quantities 30 days from 25% approval of KD9 KD11 GFC’s for Mandatory Works a) On submission of GFC’s for 50% of 510 days from 25% Mandatory Works (by value) KD9 or till the b) On submission of GFC’s for 50% of balance completion of 20% Mandatory Works. construction of Ist c) On completion of construction of Ist Phase Phase of 5% of Mandatory Works Mandatory works and Bid Process Management whichever is later. Sub Total 75% Total 100% Security Deposit shall be deducted as per Section-3(C): Additional Special Conditions -Para 4.
Note: Technical Consultant shall take up Key Deliverable (KD1) on getting Letter of Award but after this Technical Consultant shall take up any activity /Key Deliverable only after getting
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go-ahead in writing from RITES. Payment for Key Deliverable to the Technical Consultant shall be made by RITES only for the activity allowed by RITES.
7 MONTHLY MEETINGS RITES LTD may review the progress of the consultancy in monthly meetings to be held at RITES LTD/IRSDC’s office. The team leader, Principal/ Chief Architect and such other key personnel as deemed necessary by the consultant shall participate in these meetings.
8 Completion Of Services All the study outputs including primary data shall be compiled, classified and submitted by the Consultant to RITES LTD in soft form apart from the Deliverables indicated in above. The study outputs shall remain the property of RITES LTD and shall not be used for any purpose other than that intended under these Terms of Reference without the permission of RITES LTD. The Consultancy services shall stand completed on acceptance of all the required deliverables of the Consultant by RITES LTD and execution of the EPC Agreement / Development agreement, completion of construction of all Mandatory Works and completion of Phase-1 (as defined in this TOR), RITES LTD shall issue a certificate to that effect.
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SECTION 3C ADDITIONAL SPECIAL CONDITIONS
1.0 DEFINITIONS
1.1 Owner/Employer Owner/Employer shall mean the IRSDC and shall be represented by its representative.
1.2 Client Client shall mean the RITES Ltd. and shall be represented by GGM (SP/SD SBU) or his authorized representative.
1.3 Technical consultant /Consultant This shall mean the technical consultant/ firm/company appointed in connection with the work to discharge its duty as per the scope of services. It shall be represented by their executors, administrators, successors and permitted assigns.
1.4 Engineer –in-Charge The Engineer –in- charge for this project shall be as designated & communicated by RITES to Technical consultant.
1.5 Local / Statutory Bodies Local Development Authority, Local Municipality, NHAI, Forest Dept., Fire department, ministry of railway, IRSDC etc. shall come under the domain of local /statutory bodies which are related with approval and sanction of master/development plans, building plans, occupancy sanction etc.
2.0 SETTLEMENT OF DISPUTES & ARBITRATION 2.1 Except where otherwise provided in the Contract all questions and disputes relating to the meaning of the specifications, design, drawings and instructions hereinbefore mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works or the execution or failure to execute the same whether arising during the progress of the work or after the cancellation, termination, completion or abandonment thereof shall be dealt with as mentioned hereinafter: 2.2 If the Consultant considers any work demanded of him to be outside the requirements of the Contract, or disputes any drawings, record or decision given in writing by the Engineer on any matter in connection with or arising out of the Consultant carrying out of the work, to be unacceptable, he shall promptly within 15 days, request the Engineer-in-Charge in writing for written instruction or decision. Thereupon, the Engineer-in-Charge shall give his written instructions or decision within a period of one month from the receipt of the Consultant's letter. 2.3 If the Engineer-in-Charge fails to give his instructions or decision in writing within the afore said period or if the Consultant is dissatisfied with the instructions or decision of the Engineer-in-Charge, the Consultant may, within 15 days of the receipt of the
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Engineer-in-Charge’s decision, refer to conciliation through Expert Committee (“EC”) to be constituted by the Appointing Authority who is Executive Director/RITES in this case as provided hereunder: 2.3.1. Proposal for EC The Consultant shall give notice to the Appointing Authority for appointing the EC clearly bringing out the points of dispute and the amount claimed with documents in support of the claim. 2.3.2. Constitution of EC i. The Appointing Authority will have the sole discretion to constitute EC which will comprise three Members. One of the three Members will be designated Presiding Member by the Appointing Authority. The Appointing Authority will have authority to reconstitute an EC to fill any vacancy or if any EC Member fails to fulfil his functions or fails to attend two or more consecutive meetings of the EC. The Presiding Member shall convene meetings of the Committee and keep minutes of the same. ii. Upon constitution of the EC, the Appointing Authority will issue the appointment letter to EC Members and endorse copies thereof to the parties concerned. iii. The EC members shall give a declaration of independence and impartiality to both the parties before commencement of the EC proceedings. 2.3.3. Proceedings before EC i. The claimant shall submit its statement of claims to EC members, the Respondent to the contract within 30 days of the issue of the appointment letter to EC members. ii. The respondent shall file its reply and counter claim (if any) within 30 days of the receipt of the statement of claims. iii. Parties may file their rejoinder/additional documents if any in support of their claim/counter claim within next 15 days. No documents shall be allowed thereafter, except with the permission of EC. iv. EC will commence its meetings only after completion of the pleadings. The Presiding Member shall fix the date, time and venue for the first meeting within 15 days of completion of pleadings in consultation with other Members. Thereafter, the next and subsequent meetings of the Committee shall be fixed with mutual consultations during such meetings. v. Two Members will constitute a valid quorum and the meeting can take place to proceed in the matter. However, EC recommendations will be signed by all Members. Further, Members shall make efforts for unanimous recommendations. vi. The parties shall be represented by their in house employees/executives. No party shall bring any advocate or outside consultant/advisor/agent. Ex-officers of RITES who have handled the matter in any capacity are not allowed to attend and present the case before EC on behalf of Consultant. However, ex- employees of parties may represent their respective organizations. vii. Solicitation or any attempt to bring influence of any kind on either EC Members or Employer/ Engineer – in– Charge is completely prohibited in conciliation proceedings and Employer/ Engineer – in Charge reserves the absolute right to close the conciliation proceedings at its sole discretion if any such attempt is made by the Consultant or its representatives. viii. Parties agree to rely only upon documentary evidence in support of their claims and not to bring any oral evidence in the EC proceedings.
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ix. EC will give full opportunity of hearing to the parties before giving its recommendations. x. EC will conclude its proceedings in maximum 5 meetings and give its recommendations within 90 days of its first meeting. EC will give its recommendations to both the parties recommending possible terms of settlement. The Appointing Authority may extend the time/ number of meetings in exceptional cases, if EC requests for the same with sufficient reasons. xi. EC members will be paid fees and provided facilities as detailed in Annexure - ‘F4’. xii. Parties shall not claim any interest on claims/counter claims from the date of notice invoking conciliation till execution of settlement agreement, if so arrived at. In case, parties are unable to reach a settlement, no interest shall be claimed by either party for the period from the date of notice invoking conciliation till the date of EC recommendations and 30 days thereafter in any further proceeding. xiii. The venue of the EC meeting shall be the place specified by Presiding Member of EC. xiv. Legally, parties are under no obligation to refer a dispute to conciliation or continue with conciliation proceedings. Parties are free to terminate the conciliation proceedings at any stage as provided under the Arbitration and Conciliation Act, 1996 duly amended. 2.3.4. Actions after EC Recommendations i. The recommendations of EC are non-binding and the parties may decide to accept or not to accept the same. Parties are at liberty to accept the EC recommendation with any modification they may deem fit. ii. The Claimant Party shall give its response to the other Party within 15 days of receiving EC recommendation. iii. If the recommendations are acceptable to the parties partly or fully, Appointing Authority will consider and take a decision on EC recommendations and communicate its decision to both the parties. If decision of Appointing Authority is acceptable to both the parties, a settlement agreement under Section 73 of the Arbitration and Conciliation Act, 1996 will be signed within 15 days of acceptance by both the parties. iv. The timelines mentioned in the above sub-clauses are with an objective to achieve expeditious conclusion of EC proceedings. However, it does not mean that any action beyond the timelines will be invalid. However, the parties concerned will make all efforts to complete the actions within the stipulated time. v. The parties shall keep confidential all matters relating to the conciliation proceedings enumerated below, including minutes of EC meeting and recommendations of EC. Parties shall not rely upon them as evidence in any Forum/ arbitration / court proceeding whether or not such proceedings relate to the dispute that is the subject of the conciliation proceedings, a. Views expressed or suggestions made by other party in respect of a possible settlement of the dispute b. Admissions made by the other party in the course of the EC proceedings, c. Proposals made by the EC, d. The fact that the other party had indicated his willingness to accept a proposal for settlement made by the EC. vi. Confidentiality extends also to the settlement agreement, except where its disclosure is necessary for purposes of implementation and enforcement. This
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stipulation will not apply to disclosure made by Employer to Govt. of India or its authorities, if required vii. Subject to terms and conditions contained in the above paras, the provisions of the Part III of Arbitration and Conciliation Act, 1996 shall be applicable to the conciliation proceeding and the parties and the EC members shall be bound by the same. 2.4 If any party is dissatisfied with the decision given by the Appointing Authority after considering recommendations of the EC, it shall, within a period of 30 days from receipt of the decision, give notice to the Appointing Authority for appointment of arbitrator, failing which the said decision shall be final binding and conclusive and not referable to adjudication by the arbitrator 2.5 In case conciliation under clause 2.3 is not resorted to and if the Consultant (s) does /do not prefer his/their specific and final claims in writing, within a period of 90 days after receiving the intimation from RITES that the final bill is ready for payment, he/they will be deemed to have waived his/their claim (s) and the Employer shall be discharged and released of all liabilities under the contract in respect of these claims. 2.6 Appointment of Arbitrator: Except where the decision has become final, binding and conclusive in terms of Clause 2.4 above, disputes or difference shall be referred for adjudication through arbitration by an arbitral tribunal appointed by the Appointing Authority. The selection of Arbitral Tribunal by the Appointing Authority will be governed by the fact whether the dispute is (i) between two Public Sector Enterprises or (ii) between a Public Sector Enterprise and a Government Department or (iii) Otherwise. 2.7 In case the dispute does not fall under item (i) or (ii) of Clause 2.6 above, the Appointing Authority shall appoint the Arbitral Tribunal. In case the dispute falls under item (i) or (ii), the provisions of Sub Clause 31(Clause 2.31) hereinafter shall apply. 2.8 The parties may waive off the applicability of Section 12(5) and Section 31-A(5)of Arbitration and Conciliation (Amendment) Act 2015; if they agree for such waiver, they may do so in writing, after dispute(s) having arisen between them, in the format given under Annexure F3 of these conditions. 2.9 Appointment of Arbitrator where applicability of Section 12 (5) of Arbitration and Conciliation Act-(Amended 2015) has been waived off: i. In cases where the total value of all claims in question added together does not exceed Rs. 10,00,00,000/- (Rupees Ten Crore only/Rupees 100 Million), the Arbitral Tribunal shall consist of a Sole Arbitrator who shall be a RITES Officer not below the level of a General Manager in RITES. The Sole Arbitrator shall be appointed within 60 days from the day when a written and valid demand for arbitration is received by the Appointing Authority. ii. In cases not covered by Sub-Clause (i), the Arbitral Tribunal shall consist of a panel of three RITES Officers not below the level of GM or 2 RITES Officers not below the level of GM and a retired Officer of RITES retired not below the rank of Executive Director, as the arbitrators. For this purpose, RITES will send a panel of at least four (4) names of RITES Officers of GM level or above and the name(s) of atleast two (2) retired RITES Officer(s) of ED level or above, empaneled to work as RITES Arbitrator to the Consultant within 60 days from the day when a written and valid demand for arbitration is received by the Appointing Authority. iii. Consultant will be asked to suggest to the Appointing Authority at least 2 names out of the panel for appointment as Consultant’s nominee within 30 days from the date of dispatch of the request by RITES. The Appointing Authority
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shall appoint one out of them as the Consultant’s nominee and will, also simultaneously appoint the other arbitrator either from the panel or from outside the panel. Two appointed arbitrators will appoint the third arbitrator, who will act as a Presiding arbitrator. The Appointing Authority shall complete this exercise of appointing the Arbitral Tribunal within 30 days from the receipt of the names of Consultant’s nominees.
2.10 Appointment of Arbitrator where applicability of section 12 (5) of A&C Act has not been waived off: i. The Arbitral Tribunal shall consist of a panel of three (3) Officers retired from Central/State Government or a Central PSE (other than RITES Ltd.) not below the rank of SAG Officer, empanelled in RITES as arbitrators. For this purpose, the Appointing Authority will send a list of at least four (4) names from the said panel of retired officers duly indicating their retirement date to the Consultant within 60 days from the day when a written and valid demand for arbitration is received by the Appointing Authority. ii. Consultant will be asked to suggest at least 2 names out of the list given to him for appointment as Consultant’s nominee within 30 days from the date of dispatch of the list by the Appointing Authority. The Appointing Authority shall appoint one out of them as the Consultant’s nominee and will, also simultaneously appoint the other arbitrator either from the panel or from outside the panel. Two appointed arbitrators will appoint the third arbitrator, who will act as a Presiding arbitrator. The Appointing Authority shall complete this exercise of appointing the Arbitral Tribunal within 30 days from the receipt of the name(s) of Consultant’s nominee. 2.11 If one or more of the arbitrators appointed as above refuses to act as arbitrator, withdraws from his office as arbitrator, or vacates his/their office/offices or is/are unable or unwilling to perform his/their functions as arbitrator for any reason whatsoever or dies or in the opinion of the Appointing Authority, fails to act without undue delay , the Appointing Authority shall appoint new arbitrator/arbitrators to act in his/their place in the same manner in which the earlier arbitrator/arbitrators had been appointed. Such re- constituted Tribunal may, at its discretion, proceed with the reference from the stage at which it was left by the previous arbitrator (s). 2.12 The Arbitral Tribunal shall have power to call for such evidence by way of affidavits or otherwise as the Arbitral Tribunal shall think proper, and it shall be the duty of the parties hereto to do or cause to be done all such things as may be necessary to enable the Arbitral Tribunal to make the award without any delay. The proceedings shall normally be conducted on the basis of documents and written statements. 2.13 Before proceeding into the merits of any dispute, the Arbitral Tribunal shall first decide and pass its orders over any plea submitted/objection raised by any party, if any regarding appointment of Arbitral Tribunal, validity of arbitration agreement, jurisdiction and scope of the Tribunal to deal with the dispute(s) submitted to arbitration, applicability of time “limitation” to any dispute, any violation of agreed procedure regarding conduct of the arbitral proceeding or plea for interim measures of protection and record its orders in day to day proceedings. A copy of the proceedings duly signed by the Members of tribunal present during the hearing, shall be provided to both the parties.
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2.14 The claimant shall submit his claim stating the facts supporting the claim along with all the relevant documents and the relief remedy sought against each claim within a period of 30 days from the date of appointment of the Arbitral Tribunal. 2.15 The Other Party/Parties shall submit its/their counter - statement and counter claim(s), if any, within a period of 60 days of receipt copy of claims from Claimant/Tribunal unless extension has been granted by Tribunal. 2.16 Place of Arbitration: The place of arbitration shall be in India only at the city specified by Sole Arbitrator or Presiding Arbitrator (as the case may be) or any other place with the written consent of both the parties. 2.17 No new claim shall be added during proceedings by either party. However, a party may amend or supplement the original claim or defence thereof during the course of arbitration proceeding subject to acceptance by Tribunal having due regard to the delay in making it. 2.18 Obligation during pendency of Arbitration: Work under the Contract shall unless otherwise directed by the Engineer-in-Charge continue during the Arbitration proceedings and no payment due or payable by the Employer shall be withheld on account of such proceedings, provided however, it shall be open for the Arbitral Tribunal to consider and decide whether or not such work should continue during arbitration proceedings. 2.19 While appointing arbitrator(s) under Clause 2.9(i), 2.9(ii) and 2.10(i) above, due care shall be taken that he/they is/are not the one/those who had opportunity to deal with the matters to which the contract relates or who in the course of his/their duties as RITES Officer(s) expressed views on all or any of the matters under dispute or differences. The proceedings of the Arbitral Tribunal or the award made by such Tribunal will, however, not be invalid merely for the reason that one or more arbitrators, in the course of his/their service, had opportunity to deal with the matters to which the contract relates or who in the course of his/their duties expressed views on all or any of the matters under dispute. 2.20 The arbitral award shall state item wise, the sum and reasons upon which it is based. The analysis and reasons shall be detailed enough so that award could be inferred therefrom. (that is, it should be a speaking award) Clause 2.37 may also be referred with regard to item wise speaking award. 2.21 A party may apply for corrections of any computational errors, any typographical or clerical errors or any other errors of similar nature occurring in the award of a Tribunal and interpretation of a specific point of award to Tribunal within 60 days of receipt of the award. 2.22 A party may apply to the Tribunal within 60 days of receipt of award to make an additional award as to claims presented in the arbitral proceedings but omitted from the arbitral award. 2.23 The decision of the arbitral tribunal is termed as ‘arbitral award’. The decision of arbitral tribunal shall be by majority. A copy of award shall be given to each party. The tribunal can make interim award also. An arbitral award is enforceable in the same manner as if it were a decree of the court. 2.24 Where the arbitral award is for the payment of money, no interest shall be payable on whole or any part of the money for any period till the date on which the award is made. The arbitral tribunal shall indicate i) the Award amount payable on the date of award ii) the period within which it is to be paid and iii) Simple rate of interest applicable beyond the stipulated free period for making payment of Award amount.
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2.25 The cost of arbitration shall be borne by the respective parties. The cost shall inter- alia include fee of the arbitrator(s) and expenses on facilities as per the following schedule and the fee shall be borne equally by both the parties. Notwithstanding anything contrary provided in any Act, Law or Agreement, the scale of Arbitrators’ fee and expenses on facilities shall not exceed the following –
S. Particulars Fee payable per Arbitrator per case No 1 Arbitrator’s fee Rs.20,000/- per day or Rs.10,000/- per half day subject to a maximum of Rs.3,00,000/- per case Notes: 1. The assessment of work shall be on the following basis: 1 i. ‘Aday’meansmorethan2 /2hourscontinuouswork on any date 1 ii. ‘A half day’ means work of 2 /2hours or less on any date. 1 iii. If two or more hearings of more than 2 /2hours continuous duration are held on any date, then the work shall be treated as equal to two days. 2. The above fee is for hearings and shall also apply to a maximum of three internal meetings held at RITES office by members of the Arbitral Tribunal for finalization of award without the presence of the parties involved.
2 Studying of documents Rs. 50,000/- 3 Secretarial assistance and Rs. 25,000/- incidental charge s (telephone, fax, postage etc.) 4 Charges for publishing/ Rs. 20,000/- declaration of award/ settlement agreement 5 Other expenses (actuals against bills subject tothe prescribed ceiling) i) Travelling Expenses Economy Class (by air), First Class AC (by train) and AC Car (by road) ii)Lodging and Boarding a) Rs. 12,000/- per day of stay in hotel (in Metrocities) b) Rs. 8,000/- per day of stay in hotel (in other cities) c) Rs. 3000/- per day if any Arbitrator does not stay in hotel as mentioned in a) and b)above. Notes : 1) Lodging, Boarding and Travel Expenses shall be allowed for those members who are residing 100 Kms or more from the place of meeting. 2) Delhi, Mumbai, Chennai, Kolkata, Bangalore and Hyderabad shall be considered as Metrocities.
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Local Travel Rs. 2000/- per day
Providing facilities of To be arranged by Claimant / Respondent alternately hearing rooms 2.26 In case of a serving officer of RITES acting as arbitrator, the fee payable shall be 50% of the fee worked out at the above scale. 2.27 Further, the fee payable to the arbitrator (s) would be governed by the above schedule irrespective of the fact whether the arbitrator (s) is/are appointed by the Appointing Authority or by the court of law unless specifically directed by Hon’ble court otherwise on the matter. 2.28 Sole Arbitrator shall be entitled for 25% extra fee over the fee prescribed in the schedule given above. 2.29 Arbitrator tribunal shall be entitled to 25% extra fee if Award is decided within Six months of appointment. 2.30 Subject to the provisions of Arbitration and Conciliation Act 1996 as amended upto the date of receipt of tenders, and the rules there under and any statutory modifications there of shall apply to the appointment of arbitrators and arbitration proceedings under this Clause. 2.31 In case the dispute falls under item (i) or (ii) of Clause 2.6 above, such dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEs) / Port Trust inter se and also between CPSEs and Government Departments / Organizations (excluding disputes concerning Railways, Income Tax, Customs & Excise Departments), such dispute or difference shall be taken up by either party for resolution through AMRCD as mentioned in Government of India, Ministry of Heavy Industries & Public Enterprises, Department of Public Enterprises OM No. 4(1)/2013-DPE(GM)/FTS-1835 dated 22.05.2018. 2.32 It is a term of this Contract that the party invoking arbitration shall give a list of disputes with amount claimed in respect of each such dispute along with the notice for appointment of arbitrator in the form at Annexure `F2’. It is a term of this Contract that "Excepted matters" or matters where the decision of the Engineer-in-Charge or any higher authority has been stipulated as "Final and Binding" in various Clauses of Contract, stand specifically excluded from the purview of Arbitration Clause. 2.33 It is also a term of this Contract that no person other than a person appointed by such Appointing Authority as aforesaid should act as arbitrator and if for any reason that is not possible, the matter shall not be referred to arbitration at all. It is also a term of this Contract that if the Consultant does not make any demand for appointment of arbitrator in respect of any claims in writing as aforesaid within 120 days of receiving the intimation from the Engineer-in-Charge that the final bill is ready for payment, the claim of the Consultant shall be deemed to have been waived and absolutely barred and the Employer shall be discharged and released of all liabilities under the Contract in respect of these claims. 2.34 Signing of "No Claim" certificate The Consultant shall not be entitled to make any claim whatsoever against the Employer under or by virtue of or arising out of the Contract, nor shall the Employer entertain or consider any such claim if made by the Consultant after he shall have signed a "No Claim Certificate" in favour of the Employer in such form as stipulated by the Employer, after the works are finally measured up. The Consultant shall be debarred from disputing the correctness of any item covered
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by the "No Claim Certificate" or demanding a reference to arbitration in respect thereof. 2.35 Parties to be impleaded in the conciliation and arbitration proceedings In case of any claims by the Consultant, the Client as well as RITES Ltd acting as Agent to the Client will implead themselves as parties to the Conciliation Proceedings and Arbitration Proceedings. 2.36 The arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) as amended by Arbitration and Conciliation (Amendment) Act, 2015 (3 of 2016) and any statutory modifications or re-enactment thereof and the rules made there under and for the time being in force shall apply to the arbitration proceeding under this clause, except for cases falling under Clause 2.6 (i) or(ii). 2.37 It is also a term of this Contract that the arbitrator shall adjudicate on only such disputes as are referred to him by the appointing authority and give item wise award against each dispute and claim referred to him and in all cases where the total amount of the claims by any party exceeds Rs.1,00,000/- the arbitrator shall give reasons for the award. 2.38 It is also a term of the Contract that the arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties calling them to submit their statement of claims and counter statement of claims. The fees, if any, of the arbitrator shall, if required to be paid before the award is made and published, be paid half and half by each of the parties. The cost of the reference and of the award (including the fees, if any, of the arbitrator) shall be in the discretion of the arbitrator who may direct to any by whom and in what manner, such costs or any part thereof shall be paid and fix or settle the amount of costs to be so paid.
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ANNEXURE ‘F1’ (REFER CLAUSE 2.3)
FORM OF CONSULTANT’S NOTICE FOR CONCILIATION THROUGH EXPERT COMMITTEE (EC)
To
(Appointing Authority) RITES. Gurgaon Dear Sir, In terms of clause 2 of the agreement, particulars of which are given below, I/ We hereby give notice to you to appoint an Expert Committee (EC) for settlement of disputes mentioned below: 1. Name of Bidder 2. Whether Bidder is Individual / Prop. Firm / Partnership Firm / Ltd. co. 3. Full address of the Bidder 4. Name of the work and Contract number in which arbitration sought 5. Name of the RITES Office which entered into Contract 6. Contracted amount of the work 7. Date of Contract 8. Date of start of work 9. Stipulated date of completion of work 10. Actual date of completion of work (if completed) 11. Total number of claims made 12. Total amount claimed 13. Date of intimation of Final Bill being ready (if work is completed) 14. Date of payment of Final Bill (if work is completed) 15. Amount of Final Bill (if work is completed) 16. Date of request made to Engineer- in-Charge’s for decision 17. Date of receipt of Engineer-in-Charge’s decision
Specimen signature of the Bidder (only the person/authority
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who signed the Contract should sign)
I/We certify that the information given above is true to the best of my/our knowledge. I/We enclose following documents. 1. Statement of claims with amount claimed against each claim.
2.
3. 4. Yours faithfully,
(Signature)
Copy in duplicate to 1. Engineer-in-Charge, RITES 2. Client
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ANNEXURE ‘F2’ (REFER CLAUSE 2.4)
FORM OF CONSULTANT’S NOTICE FOR APPOINTMENT OF ARBITRATOR(S)
To
(Appointing Authority) RITES. Gurgaon
Dear Sir, In terms of clause 2 of the agreement, particulars of which are given below, I/ We hereby give notice to you to appoint an arbitrator(s) for settlement of disputes mentioned below: 1. Name of Bidder 2. Whether Bidder is Individual / Prop. Firm / Partnership Firm / Ltd. co. 3. Full address of the Bidder 4. Name of the work and Contract number in which arbitration sought 5. Name of the RITES Office which entered into Contract 6. Contracted amount of the work 7. Date of Contract 8. Date of start of work 9. Stipulated date of completion of work 10. Actual date of completion of work (if completed) 11. Total number of claims made 12. Total amount claimed 13. Date of intimation of Final Bill being ready (if work is completed) 14. Date of payment of Final Bill (if work is completed) 15. Amount of Final Bill (if work is completed) 16. Date of request made to Engineer- in-Charge’s for decision 17. Date of receipt of Engineer-in-Charge’s decision 18. Date of request to Appointing Authority for conciliation through Expert Committee 19. Date of receipt of Appointing Authority’s decision on the recommendations given by the Expert Committee
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20. Date of serving this notice to the Appointing Authority
Specimen signature of the Bidder (only the person/authority who signed the Contract should sign)
I/We certify that the information given above is true to the best of my/our knowledge. I/We enclose following documents. 1. Statement of claims with amount claimed against each claim. 2. 3. 4. Yours faithfully, (Signature)
Copy in duplicate to 1. Engineer-in-Charge, RITES 2. Client
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`ANNEXURE- ‘F3’ (REFER CLAUSE 2.8) Agreement towards Waiver under Section 12(5) and Section 31-A(5) of Arbitration and Conciliation(Amendment) Act
I/we ------(Name of agency/ Consultant) with reference to agreement no ------raise disputes as to the construction and operation of this contract, or the respective rights liabilities, withholding of certificate and demand arbitration in respects of following claims; Brief of claim: (i) Claim 1- Details at Annexure- (ii) Claim2- (iii) Claim 3-
I/we ------(post of Engineer) with reference to agreement no ------hereby raise disputes as to the construction and operation of this contract, or the respective rights liabilities, withholding of certificate and demand arbitration in respects of following claims; I/we ------do/do not agree to waive off applicability of section 12(5) of Arbitration and conciliation (Amendment) Act.
Signature of Claimant ------Signature of Respondent ------Agreement under Section 31 A (5)
I/we ------(Name of Claimant) with reference to agreement no ------hereby waive off the applicability of Section 31-A (2) to 31-A (4) of the Arbitration and Conciliation (Amendment) Act. We further agree that the cost of arbitration will be shared by the parties as per Clause 2(38) of Additional Special Condition. Signature of Claimant ------Signature of Respondent ------
Strike out whichever not applicable
Page 112 of 129 ANNEXURE – ‘F4’ (REFER CLAUSE 2.3.3 xi)
Fees and facilities to the EC Members
EC members shall be entitled for the following fees and facilities (All the expenditure incurred in the EC proceedings shall be shared by the Parties in equal proportions. The parties shall maintain account of expenditure and present to the other for the purpose of sharing on conclusion of the EC proceedings):
Sl. Fees/ Facility Entitlement No 1. Fees Rs. 10,000 per meeting subject to maximum of Rs. (for one member) 2,00,000 for the whole project. In addition, the Presiding Member shall be paid an additional amount of Rs. 2000/- per meeting towards secretarial expenses in writing minutes / EC recommendations. 2. Transportation in the Car as per actual on certification basis subject to a city of the meeting maximum of Rs.2000/- per meeting.
3. Venue for meeting RITES conference rooms/Hotels 4. Facilities to be provided to the out - stationed member - 4(i) Travel from the city of Economy class air tickets/ A.C first class train tickets/ residence to the city of Luxury car/ reimbursement of actual fares. meeting
4(ii). Transport to and from Car as per actual. airport / railway station in the city of residence
4(iii) Stay for out stationed 4 Star Hotel. members 4(iv) Transport in the city of Car as per actual. meeting
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3.0 FORCE MAJEURE
If at any time, during the continuance of this contract, the performance in whole or in part by either party of any obligation under this contract shall be prevented or delayed by reason of any war, hostility, acts of public enemy, civil commotion, sabotage, serious loss or damage by fire, explosions, epidemics, strikes, lockouts or acts of God (hereinafter, referred to events) provided, notice of the happening of any such event is given by either party within 10 days from the date of occurrence thereof, neither party shall by reason of such event, be entitled to terminate this contract nor shall either party have any claim for damages against the other in respect of such non-performance of delay in performance, and works under the contract shall be resumed as soon as practicable after such event has come to an end or ceased to exist, and the decision of the Client as to whether the works have been so resumed or not shall be final and conclusive, provided further that if the performance in whole or in part of any obligation under this contract is prevented or delayed by reason of any such event for a period exceeding ninety days, either party may at its option terminate the contract by giving notice to the other party.
4.0 PERFORMANCE SECURITY & SECURITY DEPOSIT
The “Technical Consultant” shall be required to submit an acceptable Bank Guarantee as per the format given at Annexure A of Section 3C hereinafter for an amount equivalent to 5% (five percent only) of the accepted Professional Charges (fee) towards Performance Security within 15 days of issue of LOA. The validity of the Bank Guarantee(s) shall cover the entire duration of the contract period plus three months from stipulated/ extended date of completion. The format of the Bank Guarantee(s) shall be got approved by the “Client”. The Bank Guarantee(s) shall be released after satisfactory completion of the assignment. In the event of the contract being determined or rescinded under provision of any clause / condition of the agreement or the performance of the Technical Consultant judged to be poor, the performance guarantee shall stand forfeited and the amount such received shall be absolutely at the disposal of Client. In addition, Security deposit shall be deducted @ 5% (Five Percent) from payments of the Technical Consultant till such time the total deposit along with Earnest Money Deposits equals 5% of the professional charges payable to the Technical Consultant. The security deposit shall be released along with performance guarantee.
5.0 NOTICE Any notice to be given hereunder will be sent by registered post / courier/ hand receipt at the last known head office address of the “Technical Consultant” and shall be deemed to have been served at the time at which the letter would be delivered in the ordinary course of post. 6.0 LIQUIDATED DAMAGE/ PENALTY FOR DELAY
6.1 "Technical Consultant” shall be responsible to complete the work within stipulated time period as mentioned in Term of Reference (Time Schedule).
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6.2 Time is the essence of contract. In case of delay or default on part of Technical Consultant for any activity described in TOR, the Technical Consultant shall be liable to pay the Client “Compensation at the rate of 1% (one percent only) of the total fee of the Technical Consultant, per week of delay subject to maximum of 10% (ten percent) of the total fee of the Technical Consultant or such amount as may be fixed by the “Client”. This compensation shall be levied even if any particular activity is delayed beyond its time schedule.
7.0 INSURANCE
Professional Liability Insurance (PLI) including deficiencies / inadequacies in the design of structures and other components for the minimum period of three years or as per applicable Law if specifies longer period with a minimum coverage equal to 50% Technical consultant’s total quoted fee shall have to be obtained by the Technical Consultant and proof of obtaining such PLI insurance shall be submitted to the client. Employers Liability and worker’s compensation Insurance in respect of the personnel of the Technical Consultant and any of its sub-consultants, in accordance with the relevant provisions of the agreement and of any such life, health, accident, level or other insurance as may be appropriate shall have to be taken by Technical Consultant. It may please be noted that all insurance and policies should start from the date of commencement of services and remain effective as per relevant requirements of Contract agreement, or upto completion of consultancy contract, whichever is longer.
8.0 OBLIGATION OF TECHNICAL CONSULTANT
8.1 It is responsibility of the Technical Consultant to plan and design the work covered under his scope of work/services based on standard engineering practice. The Technical Consultant shall stand guarantee for the performance of the system designed by them for a minimum period of twenty years.
8.2 Technical Consultant shall carry all modifications as desired by client / Owner.
8.3 Technical Consultant shall provide detailed computations and back - up of design sheets and estimates to Client / Owner.
8.4 Technical Consultant shall provide all drawings & designs on Auto Cad, STADD - Pro /or any relevant computer programme in editable format. Copy of final design/drawings shall be made available to Client/Owner in editable soft copy on compact disc also.
9.0 OBLIGATION OF THE CLIENT
9.1 The client shall provide the copy of building plans of structures, if available with client/ owner.
9.2 The client shall provide all possible assistance to the Technical Consultant in getting approval of buildings from local/statutory authorities.
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10.0 GENERAL
10.1 Adequacy of Design
The Services to be rendered by Technical Consultant shall be based on National Building Code (latest edition), relevant applicable codes and sound engineering practices. Major decision and specification shall be reviewed by Client/Owner to the extent desired. Approval of any design / drawing by Owner /Client shall, however, not relieve the Technical Consultant in discharging their responsibilities regarding the adequacy of design and proper functioning of the works. The Technical Consultant shall be fully responsible for the adequacy, accuracy and quality of entire services performed by them in accordance with accepted standards of safety, earthquake requirements, environment protection, rain water harvesting and public health. Technical Consultant shall also be required to get the adequacy of design proof checked from IIT / IISC with detail Design Basis Report (DBR) as per RITES requirement on its own cost and Client reserve its right to get the design approved / checked again from any reputed independent agency. In that case it will be the responsibility of the Technical Consultant to depute their executive and furnish necessary clarification / calculations / assistance for the approval of the drawings / design calculations. However Client shall bear the cost of engagement of independent agency for carrying out design/ drawings rechecked. But in case the designs are found unsatisfactory, the Technical Consultant will be liable to pay the fee of the independent agency. Further, if at any stage it is found that the design submitted by the Technical Consultant is overdesign/ under design and the client/owner has spend extra cost because of overdesign/ under design, the additional cost can be recovered from the Technical Consultant. 10.2 Additions and Alterations
The Owner/Client shall have the right to request changes, additions, modifications or selections in the design and drawing of any part of the work at any time and to request additional work in connection therewith and the Technical Consultant shall comply with such request. The decision of Client shall be final on whether the deviations and additions are substantial and requiring any compensation to be paid to the Technical Consultant. The applicable fee as per quoted percentage shall be payable on additional amount (if payable) and nothing extra shall be payable on this account. However for the minor modification or alteration which does not affect the entire planning and design etc., no amount will be payable.
10.3 Foreclosure of contract
Client reserve the right for foreclosure of contract without assigning any reason whatsoever. The payments in the event of foreclosure of contract shall be restricted to the amount defined for each activity independently and in the event of such termination the Technical Consultant shall be entitled to all such fee for the services actually completed and liable to refund the excess payment if any made to them over and above what is due in terms of this agreement on the date of termination. The Owner/Client
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may make full use of all or any of the drawings prepared by the Technical Consultant. In case of an activity is partly completed at the time of foreclosure of contract, client shall asses and decide the part fee payable to Technical Consultant and his decision shall be final and binding and no claims shall be entertained.
10.4 Rescinding of contract
In the event of failure on the part of the Technical Consultant to complete work in time or to the complete satisfaction of the Owner/ Client or in the event of committing breach of any one or more of terms and conditions of the agreement, Client shall be entitled to rescind this contract without prejudice to right to claim damages or remedies under the law. The period of notice to be given to rescind contract will be 15 days and in the event of such termination, Technical Consultant shall be liable to return the excess payment, if any made to them over and above due to them on the date of termination and Owner / Client will be entitled to make full use of all or any of the drawings / documents prepared by Technical Consultant. In such case Client shall have power to engage another Technical Consultant and/or carry out the work through its own resources to complete the balance work. In this case the excess amount, if any incurred by the client shall be debited to the Technical Consultant subject to a maximum of 10% (Ten percent) of the total fee which would have been paid. Technical Consultant shall pay to Client such excess expenditure within 30 days of issue of notice failing which Technical Consultant shall be debarred from consultancy jobs of Client in future besides taking other course of action to recover such amount.
10.5 Copyright / Proprietary right
The Technical Consultant hereby agree that the fee to be paid as provided in this agreement will be in full and final for functions to be performed by him and no claim whatsoever shall be made against Client in respect of any part relating to the plans, drawings and other documents submitted by Technical Consultant. The drawings, design, plan and related details prepared and acquired by the Technical Consultant for the work entrusted to him under this agreement will become the property of Client. The drawings, design, plan and related details cannot be issued to any other person, firm or authority or used by the Technical Consultant for any other project without prior permission of Client. However the drawings and design can be utilized by Client for other works and Technical Consultant shall not have any objection whatsoever.
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ANNEXURE A
Form of Performance Security Bank Guarantee Bond In consideration of the Employer having agreed under the terms and conditions of contract made vide his Letter of Acceptance (LOA) No.____ dated------between ------(the Employer ) represented by RITES Ltd for and on behalf of the Employer as an Agent/Power of Attorney Holder and ------(hereinafter called "the said Technical Consultant) for the work (herein after called the said Agreement") the Technical Consultant having agreed to production of a irrevocable Bank Guarantee for Rs. ------(Rupees ------Only) as a Security/Guarantee for compliance of his obligations in accordance with the terms and conditions in the said Agreement,
1. We (indicate the name of the Bank) (hereinafter referred to as “the Bank” hereby undertake to pay to the RITES LTD acting for and on behalf of the Employer as an Agent/Power of Attorney Holder, an amount not exceeding Rs. ------(Rupees ------only) on demand by RITES Ltd for and on behalf of the Employer as an Agent/Power of Attorney Holder.
2. We ------(indicate the name of the Bank) do hereby undertake to pay the amounts due and payable under this Guarantee without any demur, merely on a demand from by RITES Ltd for and on behalf of the Employer as an Agent/Power of Attorney Holder stating that the amount claimed is required to meet the recoveries due or likely to be due from the said Technical Consultant. Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this Guarantee. However, our liability under this Guarantee shall be restricted to an amount not exceeding Rs.------(Rupees ------only).
3. We, the said Bank further under take to pay to the Employer represented by RITES Ltd. for and on behalf of the Employer as an Agent/Power of Attorney Holder any money so demanded not withstanding any dispute or disputes raised by the Technical Consultant in any suit or proceeding pending before any court or Tribunal relating there to, our liabilities under this present being absolute and unequivocal. The payment so made by us under this Bond shall be a valid discharge of our liability for payment thereunder and the Technical Consultant shall have no claim against us for making such payment.
4. We ------(Indicate the name of the Bank) further agree that the Guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said Agreement and that it shall continue to be enforceable till all dues of the Employer represented by RITES Ltd for and on behalf of the Employer as an Agent/ Power of Attorney Holder under or by virtue of the said Agreement have been fully
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paid and its claims satisfied or discharged or till Engineer-in-Charge on behalf of the Employer represented by RITES Ltd for and on behalf of the Employer as an Agent/Power of Attorney Holder certified that the terms and conditions of the said Agreement have been fully and properly carried out by the said Technical Consultant and accordingly discharges this Guarantee.
5. We ------(indicate the name of the Bank) further agree with the Employer represented by RITES Ltd for and on behalf of the Employer as an Agent/Power of Attorney Holder that the Employer shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of performance by the said Technical Consultant from time to time or to postpone for any time or from time to time any of the powers exercisable by the Employer against the said Technical Consultant (s) and to forbear or enforce any of the terms and conditions relating to the said Agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said Technical Consultant or for any forbearance, act of omission on the part of the Employer or any indulgence by the Employer to the said Technical Consultant or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.
6. This Guarantee will not be discharged due to the change in the constitution of the Bank or the Technical Consultant.
7. This Guarantee will neither be cancelled nor revoked by the bank without the written authorization of the beneficiary (RITES Ltd.). For this purpose the beneficiary would inform the Bank of their authorized signatories together with the specimen signatures.
8. This Guarantee shall be valid up to ------unless extended on demand by the Employer represented by RITES Ltd for and on behalf of the Employer as an Agent/Power of Attorney Holder. Notwithstanding anything mentioned above, our liability against this guarantee is restricted to Rs… ------(Rupees ------Only) and unless a claim in writing is lodged with us within six months of the date of expiry or the extended date of expiry of this Guarantee, all our liabilities under this Guarantee shall stand discharged.
Dated the ------day of ------for (indicate the name of the Bank)". Note : To be put in sealed cover by Bank and addressed to the concerned officer of RITES Ltd
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SECTION 4
PROFORMA OF SCHEDULES
Not Applicable
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SECTION 5
TECHNICAL SPECIFICATIONS
Nil
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SECTION 6
STATION DATA
Page 122 of 129 Passenger Amenities Details As on : 31/03/2018 Division : Mumbai
No. of passengers dealt with: Station Name Borivali Identified as Adarsh Y (a) Per Day 299601 Station Code BVI FOB 6 Developed As Adarsh Y (b) Max. at any time 19000 Station Category SG1 Subway 1 Identified for MFC N Pass. Earnings/Year(Rs. in Lac.) Railway WR Booking Windows 23 Division Mumbai Enquiry Office 2 2011-12 14447.44 2016-17 22273.77 Tourist Facilation Center N 2015-16 2017-18 21721.59 State Maharashtra Public Address Sys. Y 21251.64 Touch Screen Enquiry System N District Mumbai Clock Y Electronic Train Indication Y suburban Length of longest stopping train(m) 510 Section CCG-VR Wheel Chairs Y ATMs 7 MP Const. Mumbai-North Km. 34.03 Cloak Room N Food Plaza Y MP Name Route C Refreshment Gopal Chinayya Shetty Budget Hotel N Room(sqm) 75.32 MLA Const. Borivali Electrified Y Trains Halting 18 MLA Name Vinod Tawde Station IInd Entry Y Other Items - Remarks for Station: Clock, PA,CA & PC based announcement system LED & TV based train indicator, Arrival/Departure display boards, coach guidance system at PF No. 6,7, 8 & 9. Free WiFi. UTS PRS including Fare Display Board & ATVM. Total 110 Nos. CCTV is available in station area. In station on Mumbai suburban section drinking water is supply free of charge by tea stall, hence no shortage of drinking water. Resting Facility WAITING HALL WAITING ROOM GENTS LADIES UPPER CLASS WAITING ROOM (a) Area(sqm.) 219 Area(sqm) 99 99 Area(sqm) 0 Retiring Room 0 (b) Seats(Nos.) 0 Seats(Nos.) 30 30 Seats(Nos.) 0 Dormitory 0 (c) Lav.(Nos.) 0 Lav.(Nos.) 3 3 Lav.(Nos.) 0 (d) Urinals(Nos.) 0 Urinals(Nos.) 2 0 Urinals(Nos.) 0 (e) Bathing Cubicals(Nos.) 0 Bathing Cubicals(Nos.) 2 2 Bathing Cubicals(Nos.) 0 Circulating Area and Water Supply Circulating Area Approach Road Water Supply
Area (sqm) 2776 Length(m) 450 Source Municipal Supply Open Wells (Nos) 0 Surface Black Topped Surface Black Topped Type Piped Bore Wells (Nos) 0 Illumination Type High Mast Tower Illumination Type Y Storage Capacity(Ltr) 244000 Pay & Use Toilet Remarks Sufficient water supply by BMC and stall owners.
Page : 1 of 5 Report Run Date : 17/01/2019 1:31:26 PM Page 123 of 129 Station Name : Borivali Platform Detail
PF PF (m.) (m.) (m.) Nos. Carr. (cm.)
No. sq.m. Board Coach Height Gauge Length Shelter Breadth Lift Nos. Vending Surface* Lav.Nos. Watering Island PF FOB(No.) Indication Stall Nos. Washable Apron(m.) Fans Nos. Taps Nos. Trees Nos. Seats Nos. Lights Nos. CC-TV Nos. Ramp along Urinals Nos. Hand Pumps FOBs (No.) on Escalator Nos. 1 BG N 316 6.58 92 OPS 1952 4 52 0 0 138 0 0 16 63 3 0 0 1 3 Y 0 2 BG Y 337 8.8 92 OPS 2693 0 12 0 0 77 0 0 18 95 6 0 0 1 4 Y 1 3 BG Y 313 11.65 92 OPS 4340 0 16 0 0 188 1 5 54 94 11 0 1 1 4 Y 1 4 & 5 BG Y 314 10 92 OPS 3780 0 14 0 0 153 0 0 18 123 3 0 0 1 4 Y 0 6&7 BG N 623 10.67 92 OPS 2705 0 14 0 0 168 15 26 42 259 2 0 0 1 4 Y 1 8 & 9 BG N 551 10 92 OPS 2337 0 4 0 0 285 0 8 37 136 1 0 1 1 1 Y 0 10 BG N 345 6.2 92 OPS 1938 0 26 0 0 224 12 28 21 66 0 4 3 1 0 Y 0
*Surface Type : CC-Cement Concrete PS-Polished Stone OPS-Other Pucca Surface MOR-Moorum OTH-Others
Page : 2 of 5 Report Run Date : 17/01/2019 1:31:26 PM Page 124 of 129 Station Name : Borivali Summary (As per Railway Board's Letter No. 2012/LM (PA)/3/5) Dt. 11.09.2012)
Item -> Waiting Hall Shelter TAP/HP Lavatories Urinals Seats FOB Height of No of Water Signage (sqm) (sqm) (nos) (nos) (nos) (nos) (nos) Platforms Coolers Min. Facility 0 1400 sqm 42 2 4 70 3 High level 14 - As per Rec. norms 11919 37240 760 43 43 3420 - -
Actual 219 19746 141 34 69 1293 6 See 2 YES platform Shortage, if any ------details 12 -
Page : 3 of 5 Report Run Date : 17/01/2019 1:31:26 PM Page 125 of 129 Station Name : Borivali Summary As per Model Station
Desired Facility Facility Available Desired Facility Facility Available Retiring Room No Waiting Room (with bathing facility) Cloak Room No Upper Class No Enquiry Counter Yes Second Class Yes NTES No For Ladies (combined upper & second class) Yes IVRS Yes Public Address System/Computer based Yes Refreshment Room Yes Book stall/other stalls of essential goods Yes Parking/circulatory area with light Yes Washable apron with jet cleaning No Public Phone Booth No Electronic Train Indicator Board Yes Water Vending Machines Yes Touch Screen Enquiry System No Water Coolers Yes Signage (standardized) Yes Modular Catering Stall No Automatic Vending Machines Yes UTS Yes Pay & Use Tiolets on end platform & circulating area Yes Foot Over Bridges Yes Computerization of Complaints No Food Plaza No Provision of at least one AC VIP/Executive Lounge No Train Coach Indication System Yes CCTV for announcement & security purpose Yes Pre-paid Taxi Service No Coin operated Ticket Vending Machines No Static Mobile Charging Facility Yes Facilities of station building including facade No
Page : 4 of 5 Report Run Date : 17/01/2019 1:31:26 PM Page 126 of 129 Station Name : Borivali Summary As per Modern Station
Desired Facility Facility Available Improvement in the facade of the station building No Improvement in the circulating area so as to ensure proper entry and exit of No A lighting tower at an appropriate place to be installed for proper illumination Yes Improved modern, cost effective lighting arrangements at the platforms, Yes Renovated water booths Yes Renovated, modern, Pay & Use toilets Yes Good Waiting and Retiring Rooms with modern furniture Yes Good passenger guidance system including signages and coach indication Yes Improvement to the passanger service Yes Improvement of booking and enquiry offices to give them a facelift Yes Lighting of booking offices, the queuing area in front of booking windows Yes Engagement of reputed architects/consultants for beautification No
Page : 5 of 5 Report Run Date : 17/01/2019 1:31:26 PM Page 127 of 129 INDICATIVE MAP SHOWING STATION DEVELOPMENT LAND AND AREA FOR COMMERCIAL EXPLOITATION AT BORIVALI RAILWAY STATION
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