addendum 1 april 2016 revised tender...

CHENNAI METRO RAIL LIMITED

CHENNAI METRO RAIL PROJECT PHASE I

ADDENDUM – 1APRIL 2016

REVISED TENDER DOCUMENTS

(NIT No. CMRL/CON/CCS-01/RT/01/2016)

CONTRACT NO. CCS-01-RT-01CONSULTANCY SERVICES FOR DESIGN WORKS OF THECIVIL, ARCHITECTURAL, LANDSCAPING & MEPWORKS,

DESIGN DEVELOPMENT, PROCUREMENT OF CONSTRUCTIONCONTRACTS, CONSTRUCTION QUALITY AND SAFETY

MANAGEMENT FOR CENTRAL SQUARE, CHENNAI

Chennai Metro Rail Project-CCS-01-RT-01- Central Square Notice Inviting Tender

CHENNAI METRO RAIL LIMITEDCHENNAI METRO RAIL PROJECT

TENDER DOCUMENTS(REVISED)

SECTION-1

NOTICE INVITING TENDERLETTER OF INVITATION

APRIL 2016

CHENNAI METRO RAIL LIMITEDADMINISTRATIVE BUILDING, CMRL DEPOT,

POONAMALLEE HIGH ROAD,KOYAMBEDU, CHENNAI – 600107.

INDIA

(NIT No. CMRL/CON/CCS-01-RT-01/2016)

CONTRACT NO. CCS-01-RT-01CONSULTANCY SERVICES FOR DESIGN WORKS

OF THE CIVIL, ARCHITECTURAL, LANDSCAPING &MEPWORKS, DESIGN DEVELOPMENT,

PROCUREMENT OF CONSTRUCTION CONTRACTS,CONSTRUCTION QUALITY AND SAFETY



Section 1: NIT & LOI APRIL 20161


CONTRACT NO. CCS-01-RT-01

(Tender Notice No. CMRL/CON/CCS-01-RT-01/2016)

Table of Contents

S.No. Description Page

1 General 2

2 Notice Inviting Tender 3

3 Letter of Invitation 4



NOTICE INVITING TENDER (NIT)CONTRACT NO. CCS-01-RT-01

1. General:The Chennai Metro Rail Limited (CMRL) has been entrusted with the development andconstruction of “Central Square”. “Central Square” is a prestigious project which is to remainas an iconic and architectural marvel of Chennai when developed and should be tointernational standards. It is to developed as CMRL now intends to select eligibleInternational/ national consulting firms either single or joint ventures who have provenexperience in the field of architectural design and project management consultancy for thedevelopment of Central square at EVR PeriyarSalai, Chennai.

The total extent of land is about 65,620 sq.m. extending from Rippon building side toChennai central station. The present need is to develop a central square accommodatingworld-class, state-of the art well landscaped pedestrian plaza, multi modal integration of intermodal transport facilities like existing central railway station, Chennai central metro rail , sub-urban railways, park-station, park-town station, bus-station and proposed bus-terminus (forboth public and private bus operators) along with basement parking facilities for commuters,off road parking bays, bus-bays, bays for private auto-rickshaws, two-wheelers/four-wheelers and non-motorized transit (pedestrian traffic); sub-way facilities and passengeramenities related to this public infrastructure. In order to carry out the implementation ofabove work, the CMRL will engage eligible consulting engineering firms to carry out DetailedEngineering Design and Owner’s Engineer.

The professional services to be performed prior to award of construction contracts willinclude preparation of design concepts with alternatives, master plan, architectural design forbuildings, landscaping, designing underground parking and passenger facilities, aboveground passenger facilities, off road drop off for vehicles, bus terminus, subways andintegration of above facilities with underground CMRL stations and with above ground MRTSstations, Suburban stations, Chennai Central Station, Bus terminal and with private modes oftransport. The other services performed during the period shall include design andpreparation of detailed working drawings, coordination with CMRL, MRTS, SouthernRailways, State Highways, Corporation of Chennai, MTC and other stakeholders, design andpreparation of structural design, electrical design, plumbing design, landscape design,preparation of bill of quantities along with tender documents for contracts and assisting theEmployer during selection of contractors through a bid process.

The professional services to be performed after award of construction contracts will includequality and safety supervision duly incorporating the best design practice adoptedinternationally for Central Square.

The detailed scope of works is described in Section -3 of this contract document.



ANNEXURE-A

(Tender Notice No. CMRL/CON/CCS-01-RT-01/RT-01/2016)

CHENNAI METRO RAIL LIMITEDCHENNAI-600107, INDIA ANNEXURE A

NIT No. CMRL/CON/CCS-01/RT/01/2016(RE-TENDER)

CMRL invites sealed Tender under two cover system for the works as detailed below:1 Name of the Work CONTRACT NO. CCS-01-RT-01

“Consultancy Services For Design Works Of The Civil,Architectural, Landscaping & MEP works, DesignDevelopment, Procurement Of Construction Contracts,Construction Supervision And Project Management ServicesFor Central Square, Chennai”

2 Tender Security Amount (EMD) Rs. 15,58,000 (Rupees Fifteen lakhs Fifty Eight Thousand only)3 Tender Validity 6 (six) months from the date of submission of tender4 Tender Documents on Sale From 25 Feb.2016 to 26 Mar.2016 (between 10:00 hrs to 17:30

hrs) on working days5 Cost of Tender Documents

(Non-refundable)i. The Tender documents can be downloaded from the internet, if so

desired (see below for website details). There will be a non-refundableTender submission fee of Rs.16,000/- (Rupees Sixteen Thousand only)including TNVAT in the form of DD in favour of Chennai Metro RailLimited payable at Chennai to be submitted along with the bid.

ii. A hard copy of the complete tender documents is available on paymentof non-refundable fee of Rs.20,000/- (Rupees Twenty Thousand only)including TNVAT from CMRL officein the form of DD in favor ofChennai Metro Rail Limited payable at Chennai

6 Last Date of Seeking Clarification 28 days before submission(up to 14:00 hrs)

7 Pre-bid Meeting 09.03.2016 at 14:30 Hrs.in the CMRL Conference Room.Address:Chennai Metro Rail Limited,Administrative Building, CMRL Depot,Poonamallee High Road,Koyambedu, Chennai- 600107Tel no: 044 23792000, Fax no: 044 23792163Email id: [email protected]

8 Last Date of issuing addendum Two weeks prior to bid submission.9 Date & Time of Submission of Tender 13.04.2016 (up to 14:00 hrs) at office of the

Chief General Manager(UG-Construction) ,Chennai Metro Rail Limited,Administrative Building, CMRL Depot,Poonamallee High Road,Koyambedu, Chennai- 600107Tel no: 044 23792000, Fax no: 044 23792163Email id: [email protected]

10 Date & Time of opening of Tender (At thePlace of Submission)

13.04.2016 at 14:30 hrs

11 Authority and Place for purchase ofTender Documents

Chief General Manager(UG-Construction) ,Chennai Metro Rail Limited,Administrative Building, CMRL Depot,Poonamallee High Road,Koyambedu, Chennai- 600107

12 Website from which Tender documentsand any additional information can bedown loaded

www.chennaimetrorail.gov.in



1. Letter of Invitation

CONTRACT NO.- CCS-01-RT-01


From:Chief General ManagerUG-ConstructionChennai Metro Rail LimitedAdmin. Building, CMRL DepotPoonamallee High RoadKoyambedu, Chennai- 600 107Tamilnadu, India

To---------------------------------------------------------------------------------------------

1.1 The Chennai Metro Rail Limited invites proposals to provide the followingconsultancy services “Consultancy Services For Design Works Of The Civil,Architectural, Landscaping & MEP works, Design Development, ProcurementOf Construction Contracts, Construction Quality and Safety Management ForCentral Square, Chennai”.

1.2 A firm will be selected under Quality and Cost based selection (QCBS) andprocedures described in this RFP.

1.3 The RFP includes the following documents:

Section 1: NIT & Letter of InvitationSection 2: Instruction to bidderSection 3: Terms of reference.Section 4: Evaluation and Qualification CriteriaSection 5: Technical Bidding FormsSection 6: Financial BidSection 7: Conditions of contract & Contract FormsSection 8: Reference Documents.

1.4 Details on the proposal’s submission date, time and address are provided inAnnexure-A.

1.5 It is advisable that the Tender Documents downloaded from the internet shallbeprinted through laser printer on A4 or equivalent size papers only. The submissionof Xerox or photocopies of the Tender Documents is prohibited.(a) Tenderers should ensure that the downloaded copy of tender document is correct

as per the master copy available in CMRL office. While execution of contractagreement the master copy available in CMRL office will be cross- referred and in



case of discrepancy the later (CMRL master document copy) will prevail and willbe binding to the tenderers. No claim in this regard will be entertained.

(b) Tenderers are required to register / fax or mail their detailsalong with thedeclaration given below in sub-item (c),in exactly the same format to the addressmentioned in Annexure-A, confirming that they have downloaded the tenderdocument, so that they can be informed in prior in the event of any change indates of pre-bid meetings, issue of addendum, etc.

(c) Declaration

I/We have downloaded the Tender forms from the Internet sitewww.chennaimetrorail.gov.in and I/we have not tampered / modified the tenderforms in any manner. In case, if the same is found to be tampered / modified,I/we understand that my/our tender will be summarily rejected and the TenderSecurity deposited will be forfeited and I am/we are liable to be banned fromdoing business with CMRL and/or prosecuted.

(Signed & Sealed By bidder)

1.6 Late or delayed tenders will not be accepted.

Yours Sincerely,

Chief General ManagerUG-ConstructionChennai Metro Rail Limited

Chennai Metro Rail Project-CCS-01/RT-01- Central Square Instructions to Bidder

Section 2: Instruction to Bidder APRIL 20161



SECTION-2

INSTRUCTION TO BIDDERS

APRIL 2016



INDIA

(NIT No. CMRL/CON/CCS-01/RT-01/2016)CONTRACT NO. CCS-01-RT-01

CONSULTANCY SERVICES FOR DESIGN WORKS OF THE CIVIL,ARCHITECTURAL, LANDSCAPING & MEPWORKS, DESIGN

DEVELOPMENT, PROCUREMENT OF CONSTRUCTION CONTRACTS,CONSTRUCTION QUALITY AND SAFETY MANAGEMENT FOR

CENTRAL SQUARE, CHENNAI



Quality- and Cost-Based Selection (QCBS) –

Instructions to Bidder

Table of ClausesA. General Provisions................................................................................................. 4

1. Definitions ........................................................................................................ 4

2. Introduction ...................................................................................................... 5

3. Conflict of Interest ............................................................................................ 5

4. Corrupt and Fraudulent Practices .................................................................... 6

5. Eligibility ........................................................................................................... 7

B. Preparation of Bid .................................................................................................. 7

6. Preparation of Bids........................................................................................... 7

7. Bid Validity ....................................................................................................... 7

a. Extension of Validity Period .......................................................................... 7

b. Substitution of Key Experts at Validity Extension ......................................... 8

c. Sub-Contracting............................................................................................ 8

d. Delayed Award ............................................................................................. 8

8. Clarification and Amendments ........................................................................8a. Clarification by bidder .................................................................................. 8

b. Amendment of contract documents .............................................................. 8

9. Preparation of proposals – Specific Considerations.........................................910. Technical bids Format and Content ................................................................911. Financial bids Format and Content ................................................................10

a. Taxes ......................................................................................................... 11

b. Currency of bid and Payment..................................................................... 11

12. Submission, Receipt, and Opening of bids ....................................................11

13 Bid Evaluation .................................................................................................13

14 Tender Security...............................................................................................14



D. Award of the contract ........................................................................................... 15

15. Award of Contract .......................................................................................... 15

16. Publication .....................................................................................................15



Instructions to Bidders

A. General Provisions1. Definitions 1.1 (i) “PROJECT” means the project/work named in

Contract.

(ii) “SERVICES” means the services to be performed bythe Detailed Design Consultant pursuant to thiscontract as may be amended from time to time.

(iii) “EMPLOYER” means the Chennai Metro Rail Limited(also referred to as the “CLIENT” or “CMRL”) whichexpression shall also include their legal successors andpermitted assigns.

(iv) “DETAILED DESIGN CONSULTANT” (DDC) meansthe professional firm, individual, party or the groupnamed in the Agreement, who has to perform theservices, and which expression shall include his/theirlegal successors and permitted assigns.

(v) “SUB-CONTRACTOR” means the sub-consultantappointed by Consultant with the prior approval of theEmployer and in accordance with the proceduredescribed in General Conditions of Contract.

(vi) “TIME FOR COMPLETION” means the time forcompletion of the services stated for this purpose in theContract.

(vii) “DAY” means a calendar day.

(viii) “MONTH” means a period of one month according tothe Gregorian calendar.

(ix) “Applicable Law” means the laws and any otherinstruments having the force of law in India.

(x) “ITB” means the Instructions to bidder that provide thebidders with all information needed to prepare theirProposals.

(xi) “Key Expert(s)” means an individual professionalwhose skills, qualifications, knowledge and experienceare important to the performance of the Services underthe Contract and whose Curricula Vitae (CV) is takeninto account in the technical evaluation of theConsultant’s Proposal.



(xii) “LOI” (Section 1 of the contract document) means theLetter of Invitation being sent by the Client to theBidders.

(xiii) “Non-Key Expert(s)” means an individual professionalprovided by the Consultant or its Sub-consultant andwho is assigned to perform the Services or any partthereof under the Contract.

(xiv) “Proposal” means the Technical Proposal or theFinancial Proposal of the Consultant, or both.

(xv) “QCBS” means Quality- and Cost-Based Selection.(xvi) “Sub-consultant(s)” means an entity or an individual to

whom/which the Consultant intends to subcontract anypart of the Services while remaining responsible to theClient during the performance of the Contract.

(xvii) “TOR” (Section 3 of the RFP) means the Terms ofReference that explain the objectives, scope of work,activities, and tasks to be performed, respectiveresponsibilities of the Client and the Consultant, andexpected results and deliverables of the assignment.

2. Introduction 2.1 The bidders are invited to submit a Technical Bid and aFinancial bid, for consulting services required for theassignment.

2.2 The Client will select a consulting firm/organization (theConsultant) in accordance with the QCBS method ofselection.

2.3 The Consultants should familiarize themselves with the localconditions relevant to the Services and take them into accountin preparing their Proposals; including attending a pre-bidconference. Attending the pre-bid conference is optional and isat the Consultants’ expense.

2.4 The Tenderer should visit the site to know the geological andtopographical conditions and shall be familiar with the localconditions. The same should be submitted as “Familiaritycertificate”.

3. Conflict ofInterestImpartiality 3.1 The Consultant is required to provide professional,

objective, and impartial advice, at all times holding the acting



without any consideration for future work

Conflict ofInterest

3.2 The Consultant has an obligation to disclose to the Client anysituation of actual or potential conflict that impacts its capacityto serve the best interest of its Client. Failure to disclose suchsituations may lead to the disqualification of the Consultant orthe termination of its Contract.

Without limitation on the generality of the foregoing, theConsultant shall not be hired under the circumstances set forthbelow:

ConflictingActivities

3.2.1 Conflict Between consulting activities and procurement ofgoods or non-consulting services: A Consultant hired toprovide consulting services for the preparation orimplementation of this project, or any of its affiliates, shall bedisqualified from subsequently providing goods or non-consulting services resulting from or directly related to theconsulting services for such preparation orimplementation.

ConflictingAssignments

3.2.2 Conflict among consulting assignments: Neither a Consultantnor any of its affiliates shall be hired for any assignment that,by its nature, may be in conflict with assignment of theConsultant.

ConflictingRelationship

3.2.3 Relationship with employer’s staff: A Consultant that has aclose business relationship with the employer’s professionalpersonnel who are directly or indirectly involved in any partof: (i) the preparation of the Terms of Reference for theassignment, (ii) the selection process for the Contract, or(iii) the supervision of such Contract, shall be disqualified.

One Bid perBidder

3.2.4 Based on the “One Bid per Bidder” principle, which is toensure fair competition, a Consultant, and any affiliate thatdirectly or indirectly controls, is controlled by, or is undercommon control with that Consultant shall not be allowed tosubmit more than one proposal, either individually as aConsultant or as a member of a Joint Venture.

4. Corrupt andFraudulentPractices

4.0 Undertaking Regarding Corrupt & Fraudulent Practice ShouldBe Submitted By Bidders- (Form ELI-3)In pursuance of this:

4.1 CMRL will reject the result of evaluation of proposals if itdetermines that the Consultant evaluated has engaged in



corrupt or fraudulent practices in competing for the contract inquestion;

4.2 CMRL will recognize a Consultant as ineligible, for a perioddetermined by Employer, if it at any time determines that theConsultant has engaged in corrupt or fraudulent practices incompeting for, or in executing, contract of Chennai Metro RailProject.

5. Eligibility 5.1 A Consultant that has been determined to be ineligible by inaccordance with ITB 3.2 and ITB 4.1 above, shall not beeligible to be awarded a contract.

5.2 Bidders should not have been blacklisted or deregistered bythe Central Government, any state Government, PSUs or anyMetro Rail authority in India during the last 5 years.Undertaking for not being blacklisted should be furnished.(Form ELI-2)Also, the Tenderer must not have failed to take possession orto commence any Contract after the Award of Contract.

Tenderers should produce an undertaking in this regardfor any such rescindment enforced by previous employerif the contract is terminated/ rescinded by client.

B. Preparation of bid

6. Preparationof Bid

6.1 In preparing the bid, the Consultant is expected to examine thebid document in detail. Material deficiencies in providing theinformation requested in the bid may result in rejection of theProposal.

6.2 The Consultant shall bear all costs associated with thepreparation and submission of its Proposal.

6.3 The Proposal, as well as all related correspondenceexchanged by the Consultant and the Client, shall be writtenin English.

7. Bid Validity 7.1 The Consultant’s bid must remain valid for 6 (six) months from thedate of submission of tender.

7.2 During this period, the Consultant shall maintain its originalProposal without any change.

Extension ofValidity Period

7.3 The Client will make its best effort to finalize the award of contractwithin this period. However, should the need arise, the Client may



request, in writing, all Consultants to extend the validity period oftheir Proposals.

7.4 Consultants who do not agree to extend the validity of theirproposals in which case their Proposals will not be furtherevaluated.

Substitution ofKey Experts

7.5 Consultants shall not propose alternative Key Experts. Only oneCV shall be submitted for each Key Expert position.

If any of the Key Experts become unavailable during the contractperiod, the Consultant shall provide a written adequatejustification and evidence satisfactory to the Client together withthe substitution request. In such case, a replacement Key Expertshall have equal or better qualifications and experience thanthose of the originally proposed Key Expert.

7.6 If the Consultant fails to provide a replacement Key Expertwith equal or better qualifications, or if the provided reasonsfor the replacement or justification are unacceptable to the Client,such Proposal will be rejected.

Sub-Contracting

7.7 The Consultant shall not subcontract the whole or part of theServices. Sub –contractors engaged by the consultant shall bewith prior approval of the employer and in accordance with theprocedure described in conditions of contract.

Delayed Award 7.8 The validity of the offer and tender security shall be suitablyextended on request of CMRL.

8. ClarificationandAmendmentsClarification bybidder

8.1 Bidders may request a clarification of any of the contractdocuments up to the number of days indicated in the NIT beforethe proposal submission deadline date. Any request forclarification must be sent in writing, or by standard electronicmeans to the Client’s address indicated in the NIT. The Client willrespond in writing, or by standard electronic means and will sendwritten copies of the response (including an explanation of thequery but without identifying the source of inquiry) to all intendingbidders. Should the Client deem it necessary to amend thedocument as a result of a clarification, it shall do so following theprocedure under ITB 8.2.

Amendment of 8.2 The Client may amend the contract documents by publishing the



contractdocument

addendum in the website as mentioned above in sufficient timebefore the submission of Proposals as mentioned in NIT.

9. Preparation ofProposals –SpecificConsiderations

9.1 While preparing the Proposal, the Consultant must give particularattention to the following:

(i) For the purpose of submitting a proposal, a bidder mayenhance its expertise for the assignment either by:(a) associating with other firms as Sub-consultants, in whichcase the Consultant shall be solely liable under the Contractand the other firms shall be not liable for the Contract, or(b) forming a Joint Venture with other firms which substantiallyperform the Services and/or have experience contributing tothe enhancement of the expertise of the Joint Venture.

9.2 In the event that the Consultant constitutes a Joint Venture/consortium, the Consultant shall submit:

9.2.1 a copy of the Joint Venture Agreement with its Technical Proposalsigned by all members to enter into the JV indicating parts of workto be executed by the respective members, and

9.2.2 a power of attorney (executed by all members) that authorizes thedesignated lead or managing member of the Joint Venture to actfor and on behalf of the Joint Venture and to legally bind suchJoint Venture in any contractual or similar documentation. AnyJoint Venture agreement and Joint Venture power of attorneyshall be attached to TECH-1 form, and submitted as part of theTechnical bid of such Consultant.

9.2.3 Successful JV will formalize the JV agreement with detailedMemorandum of Understanding (MoU) between the members ofthe joint venture/consortium/ partnership clearly stating the inter-relationship and division of work between the members with priorapproval of CMRL.

9.3 In the case of a JV or Consortium, all members of the Group shallbe jointly and severally liable for the performance of the wholeContract.

9.4 A non-Indian firm is permitted to apply only in a Joint Venture orConsortium arrangement, with their wholly owned Indiansubsidiary, which must be registered in India under theCompanies Act – 1956, or with any other Indian firm, which willhave a minimum participation interest of 30%.

10. TechnicalBid Format

10.0 The Technical bid shall provide the information indicatedbelow:



and Content

10.1.1 Experience of the Firm – Tech 2A & Tech 2B)

As an enclosure to form (Tech- 2A & 2B), the bidder (singlefirm or each member of JV) shall furnish Employer’sCertificate containing the following details for each contractsubmitted for evaluation under this criteria:

1. Project name2. Name and address of client/ employer.3. Brief description of scope of works.4. Contract agreement number and date.5. Type of contract.6. Name of the contractor (single entity or JV)7. Starting date and Contract duration8. Original date of completion

In case of JV:9. Percentage participation of JV members10. Apportionment of works between JV partners.

Status up to bid submission date11. Value of project at award.12. Percentage of works completed13. Value of work certified till date.

10.1.2 General approach and methodology, work plan to besubmitted.

10.1.3 List of proposed Key Expert team and Summary of CVparticulars Key Experts’ CVs: Forms PER-1 & PER-2

10.1.4 Expert schedule

10.1.5 Work Schedule

10.2 The Technical bid shall not include any financial information. ATechnical Proposal containing material financial information shallbe declared non responsive.

Any other document requested by the employer shall befurnished.

11. Financial Bid 11.1 Lump sum prices mentioned in the financial package shouldinclude all costs associated with design development,remuneration of staffs, transportation, equipment, printing of



documents, surveys, establishments, overheads etc. complete.

Format andContent

11.1 The Financial Proposal shall be prepared using the StandardForms provided in Section 6 of the contract.

Taxes 11.2 The Consultant and its Sub-consultants and Experts areresponsible for meeting all tax liabilities arising out of theContract unless otherwise stated in the contract.

Currency ofbid andPayment

11.3 Consultants shall submit their financial bids and other bid forms inIndian rupees only.

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

C. Submission, Opening and Evaluation

12. Submission,Receipt, andOpening ofbids

12.1 The Consultant shall submit a signed and complete bidcomprising the documents and forms in accordance with ITB10 and 11.

12.2 The original Proposal shall contain no interlineations oroverwriting, except as necessary to correct errors made by theConsultants themselves. The person who signed the proposalmust initial such corrections and a separate index of suchcorrection indicating amendments should be submitted in suchcases. Submission letters for both Technical and Financial bidshould be in the format prescribed in this contract [See also ITB9.2 above.]

12.3 The Technical bid shall be marked “ORIGINAL” or “COPY” asappropriate. Three Copies of the Technical bid shall be prepared.All required copies of the Technical Proposal are to be made fromthe original. If there are discrepancies between the original andthe copies of the Technical Proposal, the original governs and allpages shall be initialed by authorized representative.

12.4 An authorized representative of the Consultants shall initial allpages of Financial bid. The authorization shall be in the form of awritten power of attorney accompanying the Proposal or in anyother form demonstrating that the representative has been dulyauthorized to sign. The signed Financial Proposal shall bemarked “ORIGINAL.”



12.5 The original and all copies of the Technical bid shall be placed ina sealed envelope clearly marked

“TECHNICAL BID.”

Similarly, the original Financial bid shall be placed in a sealedenvelope clearly marked “FINANCIAL BID” and with a heading“DO NOT OPEN WITH THE TECHNICAL BID.”

The envelopes containing the Technical and Financial bid shall beplaced into an outer envelope and sealed. This outer envelopeshall bear the submission address, NIT No., and be clearlymarked “DO NOT OPEN, EXCEPT IN PRESENCE OF THEOFFICIAL APPOINTED, BEFORE [insert thetime…………………………and date of the submission deadlineindicated in the Data Sheet]”.

The Client shall not be responsible for misplacement, losing orpremature opening if the outer envelope is not sealed and/ormarked as stipulated.

12.6 The contents required by the employer as part of the tendersubmission shall be organized as follows:

Sl.No.

Particulars Contents

COVER-A (Technical Bid)1) Envelope-1 a) Bid Security ( in accordance with

ITB 14)b) Cost of tender in the form of

demand draft for downloadedtender documents.

c) Declaration that tenderdocument downloaded has notbeen tampered or modified.

2) Envelope-2 Documents pertaining to Technicalbid and all contract documents.

COVER-B (Financial Bid)1) Envelope-3 Documents pertaining to Financial



Bid.

12.7 The bid must be deleivered in person to the address/addressesindicated in the NIT and received by the Client no later than thetime and the date indicated in the NIT, or any extension to thisdate in accordance with ITB 8.2.

12.8 The Client shall open the Technical Proposalsimmediately after the deadline for their submission. Theenvelopes with the Financial bid shall remain sealed and securelystored.

13 Bid Evaluation 13.1 From the time the bids are opened to the time the Contract isawarded, the Consultants should not contact the Client on anymatter related to its Technical and Financial bid. Any effort byConsultants to influence the Client in the examination, evaluation,ranking of bids, and recommendation for award of Contract mayresult in the rejection of the Consultants’ bid.The evaluators of Technical bids shall have no access to theFinancial bids until the technical evaluation is concluded.

Evaluation ofTechnical bids

13.2 The evaluation committee shall evaluate the Technical bids onthe basis of their responsiveness in particular to the Terms ofReference, applying the evaluation criteria, sub-criteria, and pointsystem specified in the Section 3: Terms of reference & Section4: Evaluation and Qualification Criteria of this document. Eachresponsive Proposal will be given a technical score (St). AProposal shall be rejected at this stage if it does not respond toimportant aspects of this bid, and particularly the Terms ofReference or if it fails to achieve the minimum technical scoreindicated in Section 4: Evaluation and Qualification Criteria of thisdocument.

Public Openingof Financialbids

13.3 The Client shall notify in writing Consultants that have securedthe minimum qualifying mark, indicating the date, time andlocation for opening the Financial bids.

13.4 Financial bids shall be opened in the presence of consultant’sauthorized representatives, and the total prices shall be readaloud and recorded.

13.5 The financial bid of the technically non-responsive offer will bereturned unopened.

Evaluation offinancial bids

13.6.1 The evaluation committee will review the detailed content of eachFinancial bid and the congruency of the Technical andFinancial bid. Financial Proposals will be reviewed to ensurethese are complete (i.e., whether Consultants have priced all



items of the corresponding Technical bid); and correct anyarithmetical errors and such other factors of administrative natureas CMRL may consider having potentially significant impact oncontract execution, pricing and payments, rendering the bidsunbalanced or unrealistically priced.

Correction oferrors

13.6.2 When correcting computational errors, in case ofdiscrepancy between (a) a partial amount and the total amountthe partial amount shall prevail; (b) words and figures, the wordsshall prevail.

If the tenderer does not accept correction of errors as outlinedabove, his tender will be rejected and tender security forfeited.

13.7 The lowest evaluated Financial Proposal will receive themaximum score. The financial bid scoring will be done inaccordance with Eligibility and Qualification criteria as stated inSection 4 of this documnet.

13.8 Following completion of evaluation of Technical and Financialbids, final ranking of the bids will be determined. This will be doneby normally applying a weight as specified in Section 4:Evaluation and Qualification Criteria, respectively to the technicaland financial score of each evaluated qualifying Technical andFinancial Bid and then computing the relevant combined totalscore for each Consultant.

14 TenderSecurity

14.1 A Tender Security in the form of a Bank Guarantee for theamount mentioned in NIT, from a Public sector undertaking bankbased in India payable at chennai of contractor’s choice will berequired to be submitted with each tender, with a validity period of236 days from the last date of submission of tender and with aprovision that it shall be suitably extended on the request ofCMRL. This Bank Guarantee shall be in the format included Incontract forms section 7 of tender documents.Offer submitted without tender security or with invalid bankguarantee shall be rejected.

14.2 The "Original" of this Tender Security is to be submitted in aseparate sealed envelope along with the Technical and Financialproposal envelopes at the time of submision. This envelope willbe opened in the presence of the Tenderer to determinecompliance of this requirement.



14.3 The Tender Security will be returned upon receipt of aPerformance Security and the signing of the Contract as requiredherein with the successful Tenderer.

14.4 Tender Security will beforfeited under the followingcircumstances:(a) Withdrawal of tender during the period of tender validity(b) Failure to sign the contract if so awarded to the Tenderer;(c) Failure to submit a Performance Guarantee.D. Award of the contract

15 Award ofContract

15.1 CMRL reserves the right to accept or reject any or all proposalswithout assigning any reasons. No Tenderer shall have any causeof action or claim against the CMRL for rejection of his proposal.

15.2 CMRL will issue a Letter of Acceptance to the successfulTenderer after the approval of the competent authority; thereafterwithin fifteen days from the date of issue of the Letter ofAcceptance, the successful Tenderer will be required to executethe Contract Agreement for the consultancy services asmentioned in terms of reference.

15.3 The location of central/main office of the consultant shall be suchas agreed with CMRL, but shall in any case be located in Chennaionly for better coordination.

16 Publication 16.1 The consultant/ sub-consultant including associated parties eitheralone or jointly with other, cannot publish, disclose or divulge anymaterial/data relating to the services of the project to any thirdparty without the written permission from the employer.

Data security 16.2 The consultant shall implement appropriate technical andorganizational measures to protect the Data/Information regardingthe project against unauthorized or unlawful processing andagainst accidental loss, destruction, damage, alteration ordisclosure.

AdditionalInformation

16.3 Every effort will be made to provide additional information toTenderer that has been requested in writing. However, requestsfor additional information, and any delay in providing informationis entirely at tenderer's risk, and shall not be considered as areason for late submission of Tenders or a reason for delaying thesubmission of Tenders by the stated date.

CHENNAI METRO RAIL LIMITEDCHENNAI METRO RAIL PROJECT PHASE I


SECTION 3

TERMS OF REFERENCE

(SCOPE OF SERVICES)

APRIL 2016


POONNAMALLEE HIGH ROAD,KOYAMBEDU, CHENNAI – 600107.

INDIA

CONTRACT NO. CCS-01-RT-01-CONSULTANCY SERVICES FOR DESIGN WORKS OF

THE CIVIL, ARCHITECTURAL, LANDSCAPING &MEPWORKS, DESIGN DEVELOPMENT, PROCUREMENT

OF CONSTRUCTION CONTRACTS, CONSTRUCTIONQUALITY AND SAFETY MANAGEMENT FOR CENTRAL

SQUARE, CHENNAI

Chennai Metro Rail Project-CCS-01/RT-01- Central Square Terms of Reference

SECTION 3 3-1 APRIL 2016

TABLE OF CONTENTSSection Title Page1 GENERAL 3-2

2. SCOPE OF WORKS 3-6

3 DUTIES AND RESPONSIBILITIES OF THE CONSULTANT 3-22

4 ACTIONS REQUIRING THE SPECIFIC APPROVAL OF THE CLIENT 3-23

5 PROJECT TEAM OF THE CONSULTANT 3-23

6 CO-ORDINATION MEETINGS 3-24

7 INTERACTION WITH THE EMPLOYER/STAKEHOLDERS 3-24

8 REVIEW COMMITTEE TO MONITOR THE CONSULTANT’S WORKS 3-25

9 CONFIDENTIALITY OF ESTIMATES AND DESIGN BUDGETS 3-25

10 DEFICIENCIES OF SERVICES 3-25

ENCLOSURE 1 3-26

ENCLOSURE-2 3-27



TERMS OF REFERENCE1.0 GENERAL

1.1 Purpose of this DocumentThis document describes the General Scope of Services to be provided by theconsultant. CMRL has endeavoured to delineate the scope of the Services to beprovided by consultant in this volume. Such descriptions are not intended to becomprehensive. Consultant shall provide any services that are inferable as beingnecessary to accomplish the services set forth as part of the project. The role ofconsultant is limited to the design works of the civil, architectural, landscaping & MEPworks, design development, procurement of construction contract and constructionquality and safety management only.

1.2 The Consultant is required to prepare the Preliminary Project Report (PPR) followed bythe Detailed Project Report (DPR) including the Tender documents for the constructioncontracts and shall also be required to administer and supervise the safety and quality ofthe construction contracts. Therefore, it is imperative that the Consultant has therequisite expertise in preparation of DPRs, detailed designs, Contract Administration andSupervision(Safety and quality) with proven experience in handling major constructionprojects of similar nature and magnitude.

1.3 Keeping in view the design period of 8 months, the procurement of contract period of 4months and the construction duration period of 24 months (Total 36 months), it will benecessary to carefully plan the activities for efficient execution. The Consultant isexpected to reflect this requirement in their Technical and financial proposals whendetailing the quantum of planning, design and supervision work to be undertaken.

1.4 The Consultant is required to operate from an office in Chennai. During the pre-construction and Procurement phase, the office will have experts performing projectpreparation activities. During the construction phase the experts (Key ProfessionalStaff) will render assistance as need based as and when required. The Quality andOHSE expert along with OHSE and quality engineers will carry out the day-to-daysupervision of the safety and quality aspects of the works, including, qualitycontrol, testing, safety, etc.

1.5 Objective:The consultant shall perform the Services set out in this Agreement.The detailed scopeof works for Architect/ Firm/ Consultant shall comprise of but not be limited to,preparation of Master plan and include all the buildings/ Structures/ External & InternalServices/ Systems for the complete project on barrier free & Green building designConcepts.

1.6 Standards and Codes of PracticesAll activities related to field studies, design and documentation and construction worksshall be done as per the latest guidelines/circulars of National Building Code (NBC),relevant IS/BIS codes, CPWD building practice, Standard Specifications for Roads &Bridges, IRC codes, special publications and to the laws and requirements of the



relevant authorities and accepted Government procedures. The Consultant shall finalisethese details in consultation with the Employer’s/stakeholders at the first instancebefore proceeding further.

1.7 Lead Design CheckerThe consultant shall appoint a suitably qualified experienced person(s) to act as theLead Design Checker by engaging staff from a reputed external consulting firmsubjected to prior approval of client within 28 days after the signing of agreement.The Lead Design Checker shall not produce any of the design or temporary worksdesigns as a part of the consultant’s team.

The Lead Design Checker shall be a Professional Engineer with at least twenty (20)years experience in the relevant work, with at least ten (10) years’ experience of asimilar nature. Experience shall include management of design projects that includethe types of work included in the Scope. The Lead Design Checker shall be assistedby a team of Design Checkers to cover the full scope of the design required by thisContract.

The Lead Design Checker shall issue a written report to the Employer’s/stakeholders’,covering the status of all designs checked during the preceding month.The LeadDesign Checker shall undertake design checks on the Consultant’s designs.

All design documents, drawings, plans, calculations and reports produced by theConsultant shall be proof-checked by the Lead Design Checker, accompanied bytwo original copies of a `Design Certificate', when the design is submitted to theEmployer’s/stakeholders.

The Consultant shall ensure that, as all designs are for complex structures and havethe potential to affect the safety, quality and durability of the Permanent Works, theLead Design Checker shall approve in advance the Consultant’s proposals beforethey are executed on site.

The Employer shall have full and unrestricted access to the Lead Design Checkerand to all persons carrying out the design checking, and all their data, information,calculations, drawings and records.

1.8 Detailed cost estimatesShould be based on CPWD rates applicable to Chennai with correction slips if any,rate analysis with back-up quotations, Preparation of rate analysis for those items,which are not available in CPWD-SOR, based on market rate quotations with rateanalysis.

Any deviation in quantity of items also required to be supported by rate analysis.Also preparation of abstract of quantities building wise or package wise, as required,obtaining clearances from statutory authorities, wherever applicable, any otherinformation required to be included to complete the specifications for all works

1.9 The Reports and DocumentsThe TOR describe the reports and documents to be submitted by the Consultant, aswell as the frequency of submission, number of copies and requirements to electronicsubmission (or CD-ROMs). The reports can include:• Inception report



• Progress report• Interim report• Draft final report• Final report• Special survey or study reports

The requirements for progress reports should be sufficient to keep the project officersand the Employer informed of the progress of the Project and services of theConsultant, but should not force the Consultant to spend excessive time preparing minorreports. In addition to these reports, depending on the type of services, the Consultantwill be required to prepare the necessary documents as a part of tender assistancework.

The Consultant shall give a detailed programme for completion of each of the activities forwhich the Consultant is responsible. The programme shall be prepared with a 3 weeksLook Ahead programme and is to be updated continuously using the software.

1.10 Construction Supervision Phase

During the construction of the Project, the Consultant shall prepare and submit the followingreports in hard and soft copies in the format approved by the Client.

Particulars of the Report No. of Copies

Monthly Quality Audit Report 4Monthly OHSE compliance Report 4

1.11 Monthly Quality Audit Report

The Consultant will, no later than the 6th of each month, prepare and submit monthlyquality audit report. It will have a detailed report of the quality assurance and qualitycontrol system followed at site. It will also have a report on checking of quality assuranceand quality control system of the construction contractor by the consultant, non-compliances, remedial action by the construction contractor on the non-compliancesissued by the consultant etc. The monthly report shall include activities regardingQuality Control and the quality monitoring aspect of the project. The reports shall also besubmitted in electronic format (Compact Discs) in addition to the hard copies mentionedabove.

1.12 Monthly OHSE compliance Report

The Consultant will, no later than the 6th of each month, prepare and submit monthlyOHSE compliance report. It will have a detailed report of the OHSE system followed atsite. It will also have a report on checking of OHSE system of the construction contractorby the consultant, non-compliances, remedial action by the construction contractor onthe non-compliances issued by the consultant etc. It will also include incidents, nearmisses, accidents, remedial measures taken, tree plantation, sub-standard safetyconditions, site instructions etc. The Consultant shall also prepare mandatorily acompliance report on environmental & safety monitoring and reporting them to theClient, and other regulatory agencies if required through Client to meet their



requirements. The reports shall also be submitted in electronic format (Compact Discs)in addition to the hard copies mentioned above.

The Consultant shall also prepare and submit the following reports from timeto time to the Client:

1. Construction Supervision Manual – 4 copies2. Operation and Maintenance Manual – 4 copies

The construction supervision manual shall be updated and submitted to theclient before the commencement of the construction contract and will beupdated if there is a change in scope of the construction contract. Operation& maintenance manual shall be submitted prior to the handing over of theproject and shall be updated annually during the defect liability period.

1.13 Construction Supervision Manual

The Consultant shall prepare a detailed supervision manual defining the principlesof supervision for the various categories and levels of supervisory staff.

The manual shall address, inter alia, the following aspects of supervision, but notlimited to:

What to inspect How to inspect (with flow charts detailing scheduling of tasks for

inspection) Evolving effective Quality Assurance measures for adoption Role of survey department in supervision Role of supervision in laboratory & in-situ testing including source

approval testing Role of key professional & sub key professional in supervision Procedure for inspection and approval of individual activities and

parts of the works

The manuals shall also be submitted in electronic format (Compact Discs) inaddition to the hard copies mentioned above.

1.14 Operation & Maintenance ManualThe Consultant shall prepare a detailed operation and maintenance manualdefining the principles of operation and maintenance for the various structuresand buildings including building management service (BMS) during the defectsliability period and beyond the defects liability period.

The manuals shall also be submitted in electronic format (Compact Discs) inaddition to the hard copies mentioned above.



2 Scope of works:

2.1 Summary of services to be provided as a detailed design Consultant.

Stages Description Scope of works2.1.1 Preparation of

DetailedProjectReport

Detailed project report for central Square, Chennai shall includethe following:

a) Project area improvement report & implementation strategies.The Consultant shall collect details of the important physicalfeatures of the site. These features should include buildingsand structures, monuments, trees, plantations, utility servicessuch as electric and telephone lines (O/H & U/G) and poles,optical fibre cables (OFC), etc.

b) The information collected during reconnaissance and fieldsurveys shall be shown on a plan so that proposedimprovements can be assessed and suitable action can beinitiated. A separate plan for each of the services involvedshall be prepared for submission to the concerned authority.

c) Study of contextual issues, socio-cultural aspects, landscapefeatures and built form etc.

d) Estimate/Traffic Forecast for thepassenger/public/tourist/footfall inflows over next 10 years.

e) Study of existing infrastructure, accessibility, circulationpattern and parking to assess current carrying capacity andneed for expansion of infrastructure and facilities in & aroundCentral Square.

f) Conduct technical feasibility of the project.g) Propose a revenue model to ensure self-sustaining

maintenance of the central square.h) Assess the risk associated, propose risk management tools,

and Propose management structure.i) Evaluate and suggest training and capacity building needs of

the community, management personnel and otherstakeholders.

j) Land use plan, EIA reports & property development viabilityreport.

k) Intelligent transport system and integration strategyhighlighting integration with existing/upcoming transportationmeans.

l) Operation & Maintenance cost and implementation strategies.

2.1.2 Master /ConceptDevelopmentstage

The Consultant is required to prepare :i) A Master Plan for the entire area, detailed architectural plans,

plan enlargements, landscaping drawings, site developmentplans etc. The Master Plan shall consist of Line Plans ofBuildings, zones of various components of the Square(parking bays, drop-off bays, landscaping, bus-terminusbuildings, parking facilities, public amenities etc.),interconnectivity and external linkages and Services ofwhole project within standard/ permissible FAR and GroundCoverage.

ii) Topographical Survey drawings of the whole area,iii) Preparation of Development Plan of the whole square



based on the requirements of the Client and local bye-lawsfor its approval by the Client and the Local/ Statutory Bodies(if required).

iv) Preparation of Conceptual Plan of various Buildings andServices including its Walk through presentation and itsapproval.

v) Consultant shall also be responsible to arrangeEnvironmental clearance if required. Client shall reimburseonly statutory charges, levied by any Govt. agency for thispurpose.

2.1.3 Preliminaryplanningstage

a) Study of project requirements and control drawings andpreparation of design philosophy, basis & criteria forindividual buildings, structures, external and internalservices and their holistic integration, passenger flowrequirements/ circulation & systems.

b) Ascertain Employer’s/stakeholders’ requirements andexamine site constraints & potential for individualbuildings/basement parking/ bus-terminus structures,external and internal systems/ services and preparebrief/presentation for Employer’s/stakeholders’ review/recommendation and approval including conceptual/control designs/ drawing/ documents and incorporaterequired changes, if any.

c) Study of input data and preparation of design calculations,schematic drawing for all external services & individualbuildings pertaining to internal services such as:

i) External & Internal Sewerage (grey & black) System.ii) External & Internal rain water harvesting systemiii) Connection of Internal Services Systems like water

supply, sewage/ sewerage disposal, electrical etc. withexternal services network owned / maintained byconcerned authorities.

iv) Street Furniture/ furniture for proposed buildings andother structures.

v) Internal and External Electrificationvi) Communication System.vii) Fire hydrant and fire-fighting provisions internally and

externallyviii)Flood protectionix) interior designx) signage & illumination

d) Survey and Investigations

i. The basic objective of the survey would be to capture theessential ground features at the site in order to considerimprovements and for working out improvements, andupgrading costs.



ii. A detailed site plan is to be prepared showing contoursbased on levels taken at intervals of 5m, invert levels wherenecessary, and the extensions of any roads proposed is tobe prepared. The detailed site plan shall include allnecessary data relating to existing features like trees, publicutility services, streets, pavements adjoining properties andboundaries. The site plan should also indicate the locationof all proposed buildings and possible future extensions,landscaping areas, water bodies, etc.

iii. Levels are to be with respect to GTS bench marks to fixedby the consultant.

iv. Before conducting the site survey, grid points at 50mintervals shall be fixed permanently at site with 150 x 150 x900mm demarcation stones. Such stones shall be fixed300 mm below the ground in the natural soil and remainingheight shall be exposed above the ground and painted withyellow paint. Co-ordinate numbering shall be written withred paint as E/N (E represents Easting - coordinate, Nrepresents Northing - coordinate from origin to be providedby CMRL)

v. A site plan showing the grid stones and their numberingshall be prepared and submitted to the Client.

e) Conduct Geo-technical investigations and sub-soilexplorations adopting relevant IS codes for the proposedstructures and other locations as necessary for proper designof the works and conduct all relevant laboratory and field testson soil and rock samples. Submit interpretative soilinvestigation report and input data for structural andfoundation design for individual buildings/ structures/equipment etc. If the geotechnical investigation isoutsourced, the company selected by the Consultant forthis purpose shall be approved by the Client before thestart of such works.

f) Traffic surveys and analyse for design of traffic ingress/egress and multilevel basement parking facility and multi –modal traffic interchange, holistic integration and design ofefficient traffic inventories.

2.1.4 Conceptualplan approvalstage

a) Site development plans should includes elements likecompound wall, roads, mechanical equipment (including firesafety fixtures), pavements, street-scaping, signage, publicfurniture & fixtures, etc., for all items in the Central Square.

b) Furnish necessary architectural norms, calculations etc tocorroborate architectural detailing work.

c) Preparation of conceptual architectural/landscaping plans



including but not limited to, dimensioned plans, existingcondition plans, existing utility plans, demolition plan,Layout and material plans, MEP/service arrangements,grading and drainage plans, plan enlargements, elevations,internal layout, sections, landscaping details, schematicelectrical plans, structural designs, water supply and sanitaryarrangements & Interior design of commercial complex suchas false ceilings, wall cladding, furniture, location of HVACunits, Internet connectivity points, surveillance schematics ,building management system.

d) Preparation of Alternate options. Alternative designs toexplore various options for review/ recommendations andapproval from Employer’s/stakeholders’. The consultantshall develop various design options, alternative layouts forbuildings/structures landscaping elements etc. to reduceconstruction cost (achieve plausible cost optimisation)without adversely affecting required transit system functionssuch as capacity, service life ease of maintenance etc.

(No fee/ time extension shall be granted for alternateplans during this stage.)

e) Preliminary Estimate, BOQ and specifications Theconsultant shall prepare preliminary estimates of allbuildings, services, works on the basis of the latest plintharea rates/ Schedule of rates of CPWD/TNPWD dulycorrecting with multiplying factor for the location/ area.

f) Drawings and Documents to be submittedincorporating:

i) Property development in proposed central square area andfinancial viability report.

ii) Infrastructure accommodating all necessary amenities.

iii) Barrier Free Design implementation

iv) Passive design features.

v) Green building concepts implementation

vi) Ecologically sustainable design, efficient use of energy andnatural resources (like solar, wind etc.)

vii) Waste management and recycling proposal.

viii) Optimization of constructability, operability & maintenance.

ix)2.1.5 Presentation

to variousstakeholders/authorities forclearance/

a) Preparation of three-dimensional models in relation to openspaces, showing the proposal and surrounding areas.

b) Submission of a walk-through animated 3-D presentation ofthe Project showing common facilities for circulation parking



approval. open spaces and amenities shared among variousstakeholders.

c) Building Information Model (BIM) representing thegeometric, visual and material details of the architecturalelements with BIM software compatible with AutoCAD suchas REVIT Architecture/ Structures/ MEP shall be prepared.

d) Submission of model and conceptual design to theEmployer’s/stakeholders’ for approval & ensurescompliance with codes, standards, bye-laws andlegislation, as applicable.

e) Obtaining approval from the local authority/stakeholders forfinal master plan & building plans.

f) Obtaining necessary approvals from forest department andother local/ statutory authorities required for execution ofproject.

g) A model of the Project in glass casing is to be provided forwhich payment will be made separately by Client.

2.1.6 DetailedDesign Stage

This stage will cover the following necessary for preparationof tender documents:a) Design basis Reports and design standards adopted.b) Development Design (DD) & General Arrangement Drawings

(GAD),c) Estimate, BOQ, specification. Preparation of rate analysis for

those items, which are not available in CPWD-SOR, based onmarket rate quotations with rate analysis. Any deviation inquantity of items also required to be supported by rateanalysis. Also preparation of abstract of quantities buildingwise or package wise, as required by CMRL.

d) quality assurance and quality control (QA/QC) plan,e) reinstatement/ rehabilitation plan,f) Work programme etc.g) Building and Services Plan as per applicable standards &

Employer’s/stakeholders’ requirements.h) Structural Design of Structures and Services. (The details/

calculations of Design should be made available to CMRLby the consultant). The consultant shall be responsible toget the designs proof checked from lead design checker.

i) Preparation of Drawings and Detailed Estimate of all works/packages for the project.

j) Approval/clearance of the Building Plan and Services byLocal/ Statutory Authorities (if required) before start ofexecution of works.

k) Detailed design, considering load data, Noise andVibrations of equipment, drawings, cost estimates andspecifications to cover all civil works associated withinstallation of all mechanical/ electrical equipment, servicesand systems. Consultant will take into account acoustic andergonomic consideration as per best practices in their design

l) Sub-soil exploration report including complete details ofborings taken, analysis and interpretation of data and



selection of design parameters.2.1.7 Tendering

andprocurementof contracts

a) Preparation of Tender Documents consisting of SpecialConditions of Contract, Specifications, Tender Drawings,Bill of Quantities etc.

b) The Tender drawings prepared by the consultant shallconsist of details of Architectural, Structural, VAC, firedetection/ alarm and fire fighting, plumbing, drainage,sewerage, water supply, internal roads, landscape andhorticulture, internal and external electrifications,illumination design and graphic design features etc.complete including all other allied services necessary formaking the structures and building functional.

c) The Consultant shall prepare Tender documents, afterobtaining the Employer’s/stakeholders’ inputs, to enable theClient to invite Tenders.

d) The Tender documents shall consist of:

Notice Inviting Tender (NIT)

Instructions to Tenderers (ITT)

Conditions of contract

Technical Specifications

Complete set of construction drawings

Preamble and Bill of Quantities

Schedule of Payment

Any other document required to be included in the Tender

e) Detailed cost estimates along with the rate analysis ofindividual items of work duly supported by necessarydocuments and quantity take off sheets should be handedover to the Client.

f) The Tender documents shall be submitted in draft form. Anychanges or corrections recommended by the Client shall beincorporated in the Tender documents by the Consultant whoshall then submit the final Tender documents. TheConsultant shall submit the soft copy of all the documentsand drawings in addition to the hard copy.

g) The Consultant shall participate and furnish technicalexplanations and clarifications to the Tenderers on specificqueries of the Tenderers during the pre-Tender meeting. Theminutes of the pre-Tender meeting andaddendum/corrigendum, if any, are to be prepared by theConsultant.

h) The Consultant shall not enter into discussions with theTenderers on any matter concerning the rates/prices to bequoted by the Tenderers.



2.1.8 Good Forconstructiondrawings

a) Preparation of working drawings, specifications. These shallinclude all floor plans, sections and elevations for allbuilding and basement.

b) Preparation of bar bending schedules and/ or detailedreinforcement drawing sufficient to enable the contractor toprocure the steel from the market and cutting/ bending andplacing of the reinforcement.

c) Preparation of Combined Services Drawing (CSD),Structural Opening Drawings (SOD), Structural-Electrical-Mechanical (SEM) drawings. The general arrangement ofthe buildings/ structures, the major equipment locations andmajor services routes, and the cable routes are to be shownon the CSD drawings. The major equipment loads, pressure,major openings and major embedded items and other similarinterface are also to be shown on these drawings. During thedetailed design phase and continuing through theconstruction phase the consultant shall co-ordinate with allexecution contractors to obtain system-wide requirementssuch as embedded conduits, floor trunking, wall and flooropenings, equipment concrete plinths, equipment space,sleeves, hoisting hooks, earthing, lightning arresters etc.,and incorporate into the structural/architectural/ GFCdrawings for construction contracts.

d) During construction phase the consultant shall updatecompleted or partially completed SEM and SOD drawingsand structural/architectural drawings to incorporate thesystem-wide requirements.

e) Preparation of door/ window schedules, fitting schedules,finishing schedules, colour schemes, flooring patterns,reflected ceiling plans, ironmongery, joinery, installationdetails, planters etc. for individual buildings/ structures/equipment/ internal services etc.

f) Preparation of architectural and construction details such asfixing details, installation details, joinery, inserts, cut-outs,pockets, standard details and other construction details asrequired by client for successful completion of the project.

g) Preparation of detailed structural analysis & structural designcalculations (including seismic design as applicable) basedon design output, preparation of detailed structural drawings.

h) Detailed designs & working drawings submitted to Employerprior to award of work shall be updated to Good-for-Construction drawings (GFCs) incorporating changes (ifany). Where changes to the contract drawings are requiredon account of coordination and interface requirements, theconsultant shall be responsible for preparing all data relatedto the detailed design onto good for construction drawings tobe issued to the Contractor. The Employer then shall issuethe drawings certified by lead Design checker to thecontractor for construction of the Works. Any design



modification during construction shall be provided byConsultant.

i) Furnish modified project cost. The detailed working drawingsto include flow/ schematic diagrams, plans, elevations,sections, blow-ups, plan enlargements etc. for individualservices complete with material take off.

j) Submission of all design with the Lead Designer’scertificate. A certificate signed by the LDC stating that alldesign, drawings and documents have been checked andapproved complying with all the contract specifications shallbe issued to the Employer’s/stakeholders. The personpreparing the design and drawing will initial all documentsprepared by him.

2.1.8.1 Quality Control & Quality Assurance Plan

2.1.8.1 (a) Quality Assurance Plan

QAP shall be submitted to Employer’s/stakeholders’ forapproval. The QAP shall identify the personnel, procedures,instructions, records and forms necessary to implement theplan with the following minimum requirements:

i. Certification process of drawings and documents forissue;

ii. Organizational structure;iii. Design control - including study and design

input/analysis;iv. Checking of documents;v. Document control;vi. Subcontractor control;vii. Internal quality audit; andviii. Corrective action.

The Consultant shall also identify the requirement of QualityLevel and incorporate a Quality Level List in the QAP for eachconstruction contract.

2.1.8.1 (b) Quality Audits/Monitoring

Quality Audits and monitoring of the Consultant's QAP will beconducted by Employer’s/stakeholders’ at intervalscommensurate with the Consultant's Activities.

2.1.9 As-BuiltDrawingssubmission

On Submitting completion report and drawings for issuanceof completion/ occupancy certificate by statutory authorities,wherever required and on issue of as built drawings to Client.



2.2 Summary of services to be provided during the construction phase.

Stage Description Scope of works/services2.2.1 Construction

Stagea. The duties and responsibilities of the consultant as

Engineer will be defined in the construction contracts,and are broadly listed below.

i) To prepare a outline/framework/policy of QA/QCprogramme/procedure to be adopted by the constructioncontractor

ii) To prepare a outline/framework/policy of OHSEprogramme/procedure to be adopted by the constructioncontractor

iii) Ensure Quality Assurance Procedures have been prepared,approve materials and sources of materials, review allconcrete mix designs proposed by the contractor andapprove/suggest modifications in the mix design, concreteplacement methods, sampling and testing procedures andQuality Control measures to ensure the required standardand consistency in quality is achieved.

iv) Conduct quality audits/site inspections at regular intervals forensuring quality assurance and quality control.

v) Ensure the contractor prepares and implements a suitableOperational Health Safety and Environmental plan.

vi) Check the laboratory and field tests carried out by thecontractor and carry out independent tests to verify theregular testing done by laboratory personnel

vii) Witness materials and equipment required to be tested beforedispatch to site

viii) Review and approve contractor’s method statement

ix) Review and approve contractor’s Existing building survey,Building assessment report including support measures etc.

x) Instruct special tests of materials and works and instructremoval and substitution of improper materials and works asrequired

xi) Issue modifications of the existing drawings (preferably within15 days) or supply a new/supplementary drawing, whereverrequired and give instructions thereof to the contractor

xii) Monitor and check the day to day quality control

xiii) Direct the contractor in all matters concerning constructionsafety and care of the works (including the erection of thetemporary signs at roadworks) and if required, instruct thecontractor to provide additional lights, guards, fencing and



watchmen etc.

xiv) Direct the contractor to carry out all such works or to do suchthings as may be necessary in his opinion to avoid or reducerisk in any situation affecting the safety of life or of adjoiningproperty

xv) Carry out regular safety audits at site to ensure adoption ofsafe construction practices by the contractor and to seekrectification of unsafe construction practices

xvi) Direct the contractor to take all necessary steps to protect theenvironment affected by construction operations, whether onor off the site

2.2.2 The other responsibilities of the consultant are broadly listedbelow:

i) Prepare, in consultation with the Client, a ConstructionSupervision Manual outlining routines and procedures to beapplied in contract administration and constructionsupervision

ii) Keep a daily diary which shall record events pertaining to theconstruction safety and quality, including instructions given tothe contractor or any other information which may at a laterdate be of assistance in resolving queries which may ariseconcerning execution of the works

iii) Prepare and issue monthly quality audit reports along withdetailed quality control test statements in an approved format

iv) Provide technical assistance to the Client in the event of anyarbitration and litigation that may arise with regard to theexecution of the works

v) Assist the Client in taking over each completed section, inparticular by preparing lists of deficiencies which need to becorrected, and assisting with monitoring of the performance ofthe outstanding works during the defects liability period

vi) Provide technical assistance to the Client in responding toany audit/technical enquiries that may arise with regard to theexecution of the works

vii) Prepare revised estimates, if requiredviii) Carry out any other duties relevant to the project agreed

during the negotiationsix) Review and approve as built records of the contractor



2.2.3 Supervision of construction contracts.

i) Visit the site of work, at intervals mutually agreed upon,to inspect and evaluate the Construction works andwhere necessary clarify any decision, offer interpretationof the drawings/ specifications, attend conferences andmeetings to ensure that the project proceeds generally inaccordance with the conditions of contract and keep theclient informed and render advice on action, if required.

ii) The Consultant shall depute the staff provided on a fulltime basis at site for the total period of construction whichis expected to be 24 months.

iii) The Employer shall mobilise or demobilise the key staffsof the consultant, during construction phase, on the basisof actual project requirements to ensure that they aredeployed only when needed and not otherwise.

iv) The Consultant shall nominate the Team Leader to bethe “Engineer”. He will interact with the Contractor andthe Client and discharge all the delegated duties andresponsibilities of the “Engineer”.

v) Quality and OHSE expert along with quality and safetyEngineers shall check the quality of work as perapproved drawings & QAP, all quality control/Assurancerecords and safety records, all material brought to site forexecution and attend site meetings with the contractors,and give site decisions for execution of work to thecontractors in writing. Site personals should be presentat site during working hours, including holidays whenwork is in progress. The Consultant shall make alternatearrangements for any leave/holiday of the Site personals.

vi) CVs for the Consultant site personal shall be approvedby Client. The date of start of supervision activity will bethe date of commencement of work for the constructioncontracts.

vii) The Consultant shall carry out changes to thedesigns/drawings as necessary during the constructionphase. Proof checking of the contractor’s ormanufacturer’s designs in the case of specialised workwill also be the responsibility of the Consultant. Reviewand certification of detailed architectural design of eachof the constituent components for construction ordevelopment within the area under urban design, beforeapproval by the statutory authorities.

viii)Supply to the employer such further drawings,specifications or details which may be required for properexecution of work.

ix) Obtain employer’s approval for any material deviation indesign, cost, working drawings, schedule andspecifications from the approval scheme.

x) Assist the client in obtaining service connections andNOC & occupying certificates from local authorities.

xi) Issuing a variation in consultation with the employer which



are beyond the limits as indicated in the constructioncontract documents.

xii) Certifying additional cost and approving new rates forexisting items of work, which arises from variation inquantities beyond the limits defined in the contract or fornon-priced extra items of work. Proposed rates with detailedrate analysis should be submitted to CMRL for approval.(Inconsultation with the employer)

xiii)Issuing the instruction for special tests not provided for inthe contract and approving the cost of such tests whichshall be added to the contract price. (In consultation withthe employer)

xiv)Issuing or approving Technical Specifications, if notprovided for an item of works

2.2.4 PostConstructionStage

i) Taking Completion/ Occupancy Certificates from local/statutory bodies (if required).ii) Taking No Objection Certificates from Fire/ Forest/Environment departments etc. (as required as per extant rulesof the area).iii) Assist the client in getting water, sewage/sewerage,electricity connection, permission or NOC, if required, fromrailways, MTC, COC etc. Which will ensure occupancy of thebuildings and services.iii) Assisting Client in any of the activities which are related withplanning, design, approval and occupancy of the buildings andservices etc.



2.3 Design requirements for preparation of SOD, SEM & CSD During DetailedDesign Phase & preparation of working drawings:

2.3.1 ELECTRICAL WORKSLoad estimation and optimization, design of system/ equipment, selection,description, preparation of technical specifications, supporting calculations, BOQ,drawings, SLD, schematics, blank data sheets of recommended vendors list, rateanalysis (with back up offers), cost estimates, obtaining clearances and certificatesfrom statutory authorities wherever required for the following works:

2.3.1.1Internal Electrification Works for Public Buildings/commercial buildings/ bus-Terminus/ basement parking facilities.

The major items shall include:a) Lighting calculations for different buildings,b) electrical & communication cable layout drawings,c) conduit layout drawings,d) Mounting details of lighting fixtures and other fittings,e) Load calculations for internal electrification, DB/ SDB details of different

circuits for lighting fixtures, fans, exhaust fans, sockets, HVAC etc.,f) earthing and lightning protection system calculations & drawings,g) cable sizing details, cable schedule.h) Details of protection switch gear, calculation of breaking capacity of upstream

tripping, assessment of requirement of residual current circuit breaker andother special requirement of switch gear for scientific equipment along withspecific requirement of zero halogen fire retardant and flame proof cablesand switchgear in Laboratory.

i) Power generation through solar panels and use of energy efficient fixtures.j) Any other requirements as applicable to comply with applicable norms of

concerned authorities2.3.1.2 External Electrification

The major items shall include(a) Design of electrical distribution system and recommendation of capacity of

electrical substation, tapping points for pumps, systems , MEP systems etc.complete.

(b) Layout of cable, feeder pillars, street lighting system etc.complete.(c) Any other requirements as applicable to comply with applicable norms of

concerned authorities.

2.3.1.3 Internal Communication System For commercial/office Buildings.a) Detailing of internal communication system.b) Design and distribution drawing of PABX Line.

2.3.1.4 Access Control System & CCTV system (Pc Based) For Multi Level Accessfor Public/ Commercial/ bus/ office Building spaces and other advancedsecurity/Surveillance systems.

The major items shall include:Card reader and biometric device, system and application software, cables,conduits and floor-wise layout drawings and system layout drawing.

2.3.1.5 Local Area Networking commercial/office BuildingsThe major items shall include:



Topology of networking, local area networking (Structured cabling), cables, conduits,raceways, sockets and layout drawings floor wise.

2.3.1.6Fire Alarm system & Fire suppression measuresThe major items shall include:Design of fire alarm system for all individual buildings as per NBC norms. Fire alarmautomated systems and fire extinguishment arrangements to be provided as perNBC norms.

2.3.2 MECHANICAL & PLUMBING WORKS

Design and preparation of system/equipment description, Technical specifications,BOQ, General Arrangement & Layout drawings, data sheets and calculationensuring compliance with the latest IS codes/ standards and NBC norms asapplicable, including the following works:

2.3.2.1Plumbing works (Water supply and sewage disposal)

Plumbing works shall include all of the work associated with the design of piping,fixtures and appliances in connection with drinking water supply, non-drinking watersupply and drainage systems, which flow in and out of buildings and between givenconnection points to points of use and/or disposal.

Drinking water supplies or non-drinking water supplies: design and designatethe installation, of any pipes, fittings, appliances or other items that directly orindirectly involve the supply of drinking water and non-drinking water, including fireservices from a given connection point, or onsite supply source to a point of usewithin a property.

Sanitary disposal system: design and designate for the installation of any drains,fittings, pipes, fixtures, appliances or other items involved in the collection,conveyance, disposal or treatment of sewage, trade waste or grey-water that isabove ground.

Drainage: Design and designate the installation of any below ground drains,pipes, fittings, appliances or other items involved in the collection, conveyance,disposal or reuse of sewage, trade waste or storm-water that is underground.Inspection pits and inspection chambers.

Roof drainage systems: design and designate roof gutters, flashings, piping,sheeting, roof covering or other above ground items involved in the collection,conveyance, disposal, treatment, storage or reuse of rainwater.

Mechanical services: design and designate the installation of any valves,regulators, registers, pipes, ducts, flues, tanks, heating and cooling lines orsurfaces, cooling towers, boilers, burners, solid fuel heaters, coils or other itemsinvolved in heating, cooling or ventilating a building by mechanical means.

Plumbing Fixtures—The Plumbing Engineer coordinates the appropriate type offixtures in the different areas of the building. Close coordination is required for coderequirements, number and placement of the plumbing fixtures. Looking at thedomestic water system and sewer system with the whole building approach the



Plumbing Engineer realizes that low flow fixtures reduce water and sewerconsumption. In a municipal system, reducing the amount of municipal sewer anddomestic water taken from and placed into the local fresh water supply, depends onmore buildings using a water conservation approach to water supply and disposal.

Sanitary Sewer Systems—Water flowing from plumbing fixtures collects in thebuilding sewer system. The Plumbing Engineer designs this system to a point itconnects to a municipal sewer system or to an on-site disposal or containmentsystem. Some facilities require a separation between waste streams and/ortreatment of special waste systems before they enter a common building wastesystem. For example, the grease waste from a kitchen can damage the sewerpiping system. As a result, a grease trap is installed to capture the grease before itenters the common building system.

Storm Water Systems—During a rain or storm event rain water falls on buildingroofs, parking lots, and green spaces. In northern climates snow or ice falls on a sitein the same places. The water from the rain or snow is collected in the storm watersystem. The question of what to do with this water is becoming a debated topic andrequires different approaches in different locations. The traditional way to managestorm water was to remove it from the building and site as quickly as possible. Insome growing communities this approach resulted in devastating results by creatingflooding and contaminating fresh water supplies downstream of the buildings.Options on methods to handle storm water should be discussed early in the designprocess.

2.3.2.2 Lifts / Escalatorsa) Preparation of Technical specification considering the relevant code/ standard

with capacity calculations, technical particulars with material of construction ofvarious items.

b) Preparation of layout drawings indicating the location of lifts, shaft, pit, machineroom & floor levels.

c) Preparation of bill of quantities.d) Preparation of blank data sheet to be field by vendors.e) Traffic Analysis.f) Preparation of specification of panels & other electrical equipment.g) Emergency egress analysis and calculations.

2.3.2.3Air-conditioning/ Mechanical ventilation Systems

a) It will be required in basement parking facilities and commercial/ office spaces.There are certain areas where require special Air conditioning.

b) Preparation of technical specifications of the system with capacity calculationalong with basis for calculations. Optimised design considering maximize naturalventilation provisions should be studied and submitted for preliminaryassessment and approval by Employer/ Employer’s representative.

c) Preparation of technical particulars of each component of the system indicatingtheir material of construction.

d) Heat load calculation for summer and winter.e) Layout of each building showing the location of each components of the system.f) Ducting layout and plant room layout, AHU & ducting size calculations.g) Preparation of SLD, scheme General Arrangement drawing for the electrical



panel, control desk and specification of electrical equipment.h) Blank data sheets of components, system to be filled by vendors.i) Any other Buildings/ services as directed by engineer in-charge.

2.3.2.4Fire Fighting SystemThe major items shall include :Design of fire-fighting system for all individual buildings. Ingess /egress evaluationand evacuation calculations and evacuation routing for the entire project.Provision of sprinkler points as per NBC norms.

2.3.2.5Landscaping Works:Landscape architecture, site planning, suitability & appraisal, landformincluding preparation of detailed design & drawings of landscaping elements,open space design, plant structure, illumination design, street furniture andgraphic design and signage.

The services shall include:(i) Site appraisal and suitability(ii) Site planning(iii) Landform and Grading(iv) Surface drainage design and storm water management(v) Irrigation design(vi) Open Space design- Hard and soft scape / areas(vii) Planting design(viii) Landscape structures and features(ix) Landscaping elements/ parapets/ swale etc.(x) Garden furniture design(xi) Illumination design(xii) Graphic design and signage(xiii) Co-ordination of external services.(xiv) Periodic inspection and data evaluation of works at site



3) Duties and Responsibilities of the Consultant

a. The consultant shall initiate, in consultation with Employer/ Employer’s representative,and actively pursue and involve itself in all investigations and enquiries, consultations,studies, and compliance with pertinent information and data, convening of andattendance at design meetings, and in any other activities as are or may benecessary for producing the detailed design, drawings and documents to the specifiedrequirements. The duties of the consultant will be to properly supervise the works,approve the materials and workmanship of the works and facilitate the timelycompletion of the project. The consultant will administer the construction contractsand will ensure that the contractual clauses, whether related to quality or quantities ofwork, are complied with. The consultant shall have no authority to relieve thecontractor of any of their duties or obligations under the contracts or to imposeadditional obligations not included in the contracts. The duties of the consultant willalso include the issue of decisions, certificates and instructions as specified in theconstruction contract documents.

b. Assist the contractor to prepare the As-Built Drawings by releasing soft/ hard copy ofcontract drawings and reviewing and commenting on the contractor’s draftsubmissions.

c. The consultant shall carry out the Services in accordance with best industrypractices, in compliance with the provisions of the Agreement. Consultant at its ownexpense shall make any or all changes necessary to ensure that their design,drawings and documents conform to the intent and purpose set out in theAgreement.

d. The consultant as a professional and experienced consultant providing fullconsultancy services, shall accept full responsibility for the correctness and technicalmerit of the services performed.

e. The consultant shall assist Employer/ Employer’s representative in obtaining thenecessary design and regulatory approvals from the appropriate authorities for thestations, station areas, depot and any associated joint developments.

f. The activity of Master Plan and its related works shall be done at one time. Thesubsequent activities shall be taken up in phases as per the advice of CMRLbased on priorities and requirements of Institute and availability of funds.

g. The client may review the work carried out by the architect at architecturalplanning, detailed engineering or at any pre-constructional stage to get satisfiedwith the standards and procedures adopted by the architect. It shall be theresponsibility of the architect to make available the concerned documents to theclient/ Consultant on demand. All the documents shall be submitted in Hard &Soft Copies.

h. The broad scope of services is classified in terms of activities. All the incidentalservices related with pre-construction phase, construction and post constructionphase including additional related details, approvals, completion/ occupancycertificates etc. shall be deemed to be included in the scope of services ofConsultant. No extra payment shall be made for such incidental services.



i. The Master Plan shall include the Schematic Details for InfrastructuralDevelopment-, External Electrical/ Plumbing/ Sewerage/ Water Supply, FireFighting Systems, Fiber Optic Connectivity-IT Infrastructure, CommunicationNetworks, Roads, Pathways, Street Lighting, Campus Landscape/ Horticulture,Urban Furniture, Signage, Water (Rain Water harvesting) and WasteManagement (STP/ETP) etc. Sustainable Model, Energy Conservation, or anyother infra structural facilities as required as part of Master Plan).

j. The Consultant is held totally responsible for the drawings issued for construction. Ifany mistakes or omissions are found during the execution, the Consultant will be heldresponsible and will clarify these mistakes or omissions, such clarifications shall notbe considered as additional services requested by employer.

k. Any approval of the drawings by the Client shall not hold the Client responsible forany lapses or mistakes and the Consultant shall be totally responsible for the same.

l. Provide design support, review Shop/ fabrication drawings and other drawingssubmitted by the contractor and be available for any clarification, review thework for compliance with the design and carry out design changes requiredduring construction including testing and commissioning of the installations.

4) ACTIONS REQUIRING THE SPECIFIC APPROVAL OF THE CLIENT

i) The consultant will seek the prior approval of the Client before taking any of thefollowing actions. This Consultant while preparing the bid documents for works willkeep consistency of the role of the “Engineer” mentioned here and in the biddocuments.a) Consenting to the subcontracting of any parts of the worksb) Certifying additional costc) Issuing a variation except if such variation would be within the limits as

indicated in the construction contract documentsd) Approving new rates either for existing items of work, which arises from

variation in quantities beyond the limits defined in the contract, or for non-priced extra items of work. Proposed rates with detailed rate analysis shouldbe submitted to CMRL for approval.

e) Issuing the instruction for special tests not provided for in the contract andapproving the cost of such tests which shall be added to the contract price

f) Issuing or approving Technical Specifications, if not provided for an item ofworks

5) PROJECT TEAM OF THE CONSULTANTi) The Consultant shall be required to form a multi-disciplinary team for this

assignment. The Consultant’s Team shall be manned by an adequate numberof experts with relevant experience in the execution of similar detailed designand supervision assignments.



ii) A list of personnel to be provided by the consultant along with suggestedstaff deployment schedule submitted to the Employer and approvedduring pre-construction phase and construction supervision phase.

iii) The information furnished in PER 1 is provided for the purposes of evaluationof the Technical Proposal. Any additional staff proposed may be recorded inthe technical proposal. The applicants are advised to frame the TechnicalProposal for assessment in respect of marks to be given as part of evaluationcriteria.

iv) The Consultant shall maintain an Attendance Register (man-hours also). TheConsultant shall furnish a certificate that all the personnel as envisaged in theContract Agreement have been actually deployed in the Project at the time ofsubmission of every bill to the employer.

6) COORDINATION MEETINGSThe following coordination meetings shall be held for effective implementation of theproject:

a) There shall be regular fortnightly meetings wherein representatives of theClient will review the progress and other aspects of the work. Until the awardof the construction contracts, these meetings shall be held in either theClient’s or the Consultant’s office. The Consultant shall record the minutes ofsuch meetings and maintain them as records for future reference afterobtaining the Client’s approval to the same

b) After the award of the construction contracts, the regular weekly meetingsshall be held at site by consultant along with the contractor’s representative toachieve the desired level of safety and quality.

c) A monthly progress report and other reports shall be submitted to the Client,starting from the Effective Date of the Consultant’s contract, giving the statusof individual activities within their organisation such as planning, design,detailed engineering and Tender preparation along with manpower engaged,sub-consultants engaged and their performance and other relevant details.

d) The stakeholders are southern railway, Chennai Corporation, CMDA, variousdepartments of TN Govt. etc.

7) INTERACTION WITH THE EMPLOYER/ STAKEHOLDERSi) During entire period of services, the Consultant shall interact continuously with the

Employer/ Employer’s representative and provide any clarification as regardsmethods being followed and carryout modification as suggested by theemployer/stakeholders. A programme of various activities shall be provided to theClient and prior intimation shall be given to the Client regarding start of keyactivities such as survey, sub-soil exploration etc., so that inspections by theClient could be arranged in time.



ii) The Client and other Government officers may visit the site at any time,individually or collectively to acquaint themselves with the field investigation andsurvey works consultant representative to be present to clarify.

8) REVIEW COMMITTEE TO MONITOR THE CONSULTANT’S WORKS

A Review Committee comprising of senior authorities/ officers from CMRL shall reviewthe progress of the work and approve the Consultant’s payment.The Review Committee and the employer’s representative will review the reportssubmitted by the Consultant and will give suggestions and modifications, if any, within 15days of receipt. The same may be incorporated in the final reports or concerneddocuments. The Review Committee may also hold meetings with the Consultant asnecessary to discuss reports submitted and review the progress.

9) CONFIDENTIALITY OF ESTIMATES AND DESIGN BUDGETS

All estimates shall be treated as strictly confidential and shall be submitted by the DDCin sealed envelopes separately from other documents that it is required to provide. Anymalpractices and leakage of confidential information of any nature will be view seriously.

10) DEFICIENCIES OF SERVICES

i) Deficiencies on part of the Consultant may attract penalty provisions in the formof fines, up to a maximum amount of 10% of the Contract Price of theConsultancy Services, and/or termination by the Client. Deficiencies mayinclude:

a) Not performing the Services as per the Contract for Consultant’s Servicesand undue delay in submission of reports during the Preliminary ProjectReport, Detailed Project Report and Procurement phase and the Supervisionphase

b) Not acting impartially or acting in collusion with the contractorc) Not keeping proper records regarding quality control, inspection,

rejection/rectification of work, etc.d) Failure to give proper and timely advice to the Client or the contractor to

enable correction during executione) Delay in design and withholding approvals, etcf) Refusing to give reasons for decisions when requested by the Clientg) Not being fully conversant with manuals, specifications, standards, guidelines

and the requirements of the projecth) Not exercising required scrutiny or non-approval of worksi) Lack of proper coordination with the Client and the contractor to ensure

smooth implementation of the Projectj) Permitting sub-contracting of any works without authorisation by the Client.



1. ENCLOSURE 1

Staff Requirement for Consultancy Works as stated in Terms of Reference,Section3 of this document

Sl. No. Position /Designation

Key Professional Staff [DDC]

1. Team Leader

2. Senior Architect

3. Senior Structural Engineer (Design)

4. Senior Quantity surveyor (cost control)5. Senior Contract manager6. MEP Engineer7. Landscaping expert

Key Professional Staff [During Construction Phase)1. Quality Assurance and Quality Control Expert2. OHSE expert3. Quality Engineer-2 No’s4. OHSE Engineer-2 No’s

Support Staff1. CAD Experts2. Office assistants

Notes:

1. The CVs of the key Professional Staff shall be submitted for the Client’s approval prior todeployment.

2. The Key Specialists may be supported by a group of Engineers and other sub-key personnel soas to be able to complete all services in the ToR to a satisfactory level.



ENCLOSURE 2

QUALIFICATIONS AND EXPERIENCE OF PROFESSIONAL STAFF

The qualification and experience requirements for the Professional Staff as given below are theClient’s requirement in respect of the specific needs of the project. The applicant is advised toprepare the CVs of their proposed Professional Staff specifically highlighting their qualificationsand experience in the relevant areas of expertise. The CVs should also highlight the proposedProfessional Staff’s higher education, training and publication of technical papers, etc. as wellas their experience in providing training in the relevant areas. The CVs should also reflect thedetails of projects handled in terms of area, costs, duration, source of funding, type of contractdocument used, etc. Bidders shall fill PER-1 & PER-2 in Section-5: Technical bidding forms.

KEY PROFESSIONAL STAFF:

Note:

“(1) In case the age is beyond 65 years then the marks will be 80% of the full marks of that position.(2) In case minimum qualification is degree, diploma can be considered provided the experience is twicethat of degree holder”.

Team Leader

I Educational Qualification

Essential

Post graduate in Civil Engineering / Architecture, Registered withCouncil of Architecture or,Graduate in Civil Engineering / Architecture, Registered withCouncil of Architecture

II Essential Experience

a) Total professional experience Min. 20 years for Post-Graduate and 25 years for Graduate.

b) Experience in relevant worksMin. 15 years experience in Design and Architectural works ofsimilar nature pertaining to this contract of national &international experience

c) Experience in similar position Min. 5 years

III Age Limit Not exceeding 65 years on the date of submission ofProposal



Senior Architect


Essential Post-Graduate/ Graduate in Architecture & registered fromCouncil of Architecture.


a) Total professional experience Min. 15 years for PG /20 Years for Graduate

b) Experience in relevant works Min. 10 years experience similar work including national &international experience



Senior Structural Engineer (Design)


Essential M.Tech in Structural Engineering


a) Total professional experience Min. 15 years

b) Experience in relevant worksMin. 10 years experience Structural Design and designcoordination adopting latest technology including national &international experience



Senior Quantity Surveyor (cost control)


Essential Graduate/Diploma in Civil Engineering


a) Total professional experience Min. 15 years for graduate and 30 years for Diploma

b) Experience in relevant works Min. 10 years experience





Senior Contract manager


Essential Graduate in Any Engineering Discipline (Preferably Civil Engg.)



b) Experience in relevant worksMin. 10 years experience in preparation of tender documents, costestimates, bill of quantities, preparation of variation instructionsand experience in addressing contract issues and claims etc.



MEP Engineer


Essential Graduate/ Diploma in Electrical / Mechanical Engineering


a) Total professional experience Min. 15 years for Graduate and 30 years for Diploma

b) Experience in relevant worksMin. 10 years experience in project preparation and design andsupervision of installation of Electrical, HVAC, lifts and escalatorsetc.



Landscaping Expert


Essential Masters in landscaping design or equivalent


a) Total professional experience Min.8 years

b) Experience in relevant worksMin. 5 years experience in landscaping works in public projects orhave developed private projects like IT Parks, or areas bigger than5 Acres.



OHSE Expert


Essential Graduate with OHSE certification





b) Experience in relevant works Min. 10 years experience in relevant field & possessing safetycertification like NEBOSH etc.



OHSE Engineer


Essential Graduate/Diploma with safety certification


a) Total professional experience Min. 10 years for Diploma/ 8 years for graduate

b) Experience in relevant works Min. 8 years experience in relevant field & possessing safetycertification like NEBOSH etc.



Quality Assurance and Quality Control Expert


Essential Graduate in Civil Engineering


a) Total professional experience Min. 15 years for Graduate

b) Experience in relevant works Min. 10 years experience in Quality Control & Quality Assurance



Quality Engineer


Essential Graduate/ Diploma in Civil Engineering


a) Total professional experience Min. 10 years for Graduate and 15 years for Diploma

b) Experience in relevant works Min. 8 years experience in Quality Control & Quality Assurance





CAD Expert (2 nos.)


Essential Diploma in Auto CAD (Civil)



b) Experience in relevant works Min. 5 years experience in drafting civil drawings using Auto CAD(adopting latest technology)


Chennai Metro Rail Project-CCS-01/RT-01- Central Square Eligibility & Qualificationcriteria

Section 4: Eligibility & Qualification Criteria APRIL 20160



SECTION-4

ELIGIBILITY & QUALIFICATION CRITERIA

APRIL 2016



INDIA

(NIT No. CMRL/CON/CCS-01/RT-01/2016)

CONTRACT NO. CCS-01-RT-01CONSULTANCY SERVICES FOR DESIGN WORKS OF THECIVIL, ARCHITECTURAL, LANDSCAPING & MEPWORKS,

DESIGN DEVELOPMENT, PROCUREMENT OFCONSTRUCTION CONTRACTS, CONSTRUCTION QUALITY

AND SAFETY MANAGEMENT FOR CENTRAL SQUARE,CHENNAI




Section-4EVALUATION & QUALIFICATION CRITERIA

Description Page No.

1 EQC Table 22 BID Scoring 83 Notes to Bidder 9



1. EVALUATION & QUALIFICATION CRITERIA

Eligibility and Qualification Criteria-QCBS Compliance Requirements Documentation

No. Factor/Sub-Factor

Requirement &Marks Allocation

SingleEntity

Joint Venture (existingor intended)

SubmissionRequirementsAll Parties

combinedone

member

1.1 Consultant’s Experience for DDC works (The previous work experience by the parent foreign firm ofIndian firm will not be considered) (max. 90 points)

1.1.1 Total years ofexperience in thefield of detaileddesignconsultancyservices

a) More than 10years – 10 Pointsb) 5 to 10 years- 5 Pointsc) 2 to 5 years- 2 PointsLess than 2 years- Nil

Must meetrequirement

forminimum 5

points


forminimum 5

points


forminimum 2

points

ELI-1

1.1.2 Total value ofDDC contractdone during lastfive years in Indiaor abroad.

a) Must have done1 similarcontract costingminimum Rs 6.2cr.Or,

b) Must have done2 similarcontractscostingminimum Rs 3.9cr.Or ,

c) Must have done3 similarcontractscostingminimum Rs 3Cr.


for 20points

Any one member or JointVenture combined mustmeet requirement for 20

points. (Note 1)

TECH-2A withclient

certificates






SingleEntity



combinedone

member

1.1.3 Experience indetailed designand Drawings forthe Civil,Architectural,Landscaping,MEP, VAC ofcommercial- mallscum residentialcomplexes /institutional / bus-terminus cumcommercial/mixed-use/ transitorienteddevelopment/recreational hub/piazza or plaza inIndia or abroad.

Physical area (sitearea includingbuildings, UGparking,landscaping etc. )of development:a) more than 15

acre- 10 Pointsb) Area between

10 to 15 acres-8 points

c) Area between 5to 10 acres- 5points

d) Area less than 5acres- 3 points


forminimum 5

points


forminimum 3

points

N/A TECH-2A &EXP-1

1.1.4 Experience ofspecific Nature:1. Subways/

skywalks /Walkways &street scaping(pavement,furniture &fixtures).

2. Hardscaping,Softscaping,waterscapingas a part oflandscaping

3. Underground/basementparking withmechanicalventilation.

4. Propertydevelopment.

5. Multi-modalintegration/transit orienteddevelopment.

3 points for eachsubheadcomplied.

Should have doneat least oneproject in 3 out of5 sub-heads.


forminimum 8

points


forminimum 8

points


forminimum 3

points

EXP-1






SingleEntity



combinedone

member

1.1.5 Green Designexperience basedon certificationobtained inprevious projectsdesigned in last10years(subject to max.score of 30 points)

Limited to 2projects incertification levelcategory.

TERI-GRIHA, LEEDor IGBC ratingsystems in India orabroad.a) Certification

level- 5 pointsper projectlimited to twoprojects.

b) Any other levelhigher than thecertificationlevel like silver,gold, platinumor 1st star, 2nd

star & 3rd staretc.- 10 pointsper project.


forminimum10 points


forminimum10 points

N/AEXP-1 and copyof green rating

certificates

1.1.6 Quality Assurance a) Possesses QAProgrammecertified by ISO-5 points

b) Follows internalQA programme-3 points

c) Does not haveQA programme=0


forminimum 3

points


forminimum 3

points

N/A Certificate copy

1.2 Financial Standing (max. 25 points) (See Part 3:Notes to Bidder of this document to calculate therequirement for JV/ consortium)

1.2.1 Working capital >Rs. 1.5 cr. In lastaudited financialyear

Pass- 5 pointFail- 0 point Must meet

requirement

Joint Venture combinedmust meet requirement.

(Note2)FIN-1






SingleEntity



combinedone

member

1.2.2 Net worth ofTenderer duringlast auditedfinancial yearshould have beenpositive (+).

In case ofJV/consortium, thenet worth of eachmember shouldhave been positive(+).

Pass- 5 pointFail- 0 point




FIN-1

1.2.3 Average annualturnover in the last5 years should beabove 4.6 cr.


requirementJoint Venture combinedmust meet requirement

FIN-1

1.2.4 Profitability in thelast 3 years inwhich last 2 yearsshould be positive


requirementJoint Venture combinedmust meet requirement

FIN-1

1.2.5 Bid Capacity Pass- 5 pointFail- 0 point


Joint Venture combinedmust meet requirement

(note:4)FIN-2

1.4 Key personnel (Max. 75 Points)

Team Leader-1 a) As perEnclosure-2 of ToR-15 pointsb) 90-100% ofqualifyingexperience as perToR - 10 points

Must meet requirement for minimum 10points

PER-1 & PER-2

Senior Architect-1 a) As perEnclosure-2 of ToR-15 pointsb) 90-100% ofqualifyingexperience as perToR - 10 points


PER-1 & PER-2






SingleEntity



combinedone

member

Senior StructuralEngineer-(Design)-1

a) As perEnclosure-2 of ToR-10 pointsb) 90-100% ofqualifyingexperience as perToR - 5 points


PER-1 & PER-2

Senior Contractmanager-1



PER-1 & PER-2

Senior Quantitysurveyor (costcontrol) -1



PER-1 & PER-2

MEP Engineer-1 a) As perEnclosure-2 of ToR-5 pointsb) 90-100% ofqualifyingexperience as perToR - 3 points


PER-1 & PER-2

OHSE Expert -1 a) As perEnclosure-2 of ToR-5 pointsb) 90-100% ofqualifyingexperience as perToR - 3 points


PER-1 & PER-2






SingleEntity



combinedone

member

LandscapingExpert-1



PER-1 & PER-2

QA and QCExpert-1

As per Enclosure-2of ToR- 5 pointsb) 90-100% ofqualifyingexperience as perToR - 3 points


PER-1 & PER-2

1.5 Methodology/Work Plan (max. 20 points)

1.5.1 Propertydevelopment inproposed centralsquare area.

5 PointsMust be included in proposal for at least

1 pointTechnical Bid as

per ToR

1.5.2 Infrastructureaccommodating allnecessaryamenities



per ToR

1.5.3 Barrier FreeDesignimplementation

2 Points Must be included in proposal for at least1 point

Technical Bid asper ToR

1.5.4 Green buildingconceptsimplementation



1.5.5 Ecologicallysustainabledesign, efficientuse of energy andnatural resources(like solar, windetc.)

2 Points

Must be included in proposal for at least1 point


1.5.6 Wastemanagement andrecycling proposal.








SingleEntity



combinedone

member

1.5.7 Optimization ofconstructability,operability &maintenance.



per ToR

2. BID SCORING

Technical bid Scoring:MANDATORY COMPLIANCE: (The Tenderer must mandatorily comply with the following clausesmentioned in this Eligibility & Qualification criteria table above for further evaluation.) Bidders kindlynote that The previous work experience by the parent foreign firm of any Indian firm will not beconsidered.

1. Clause 1.1.2Total value of DDC contract done during last five years in India or abroad.

2. Clause 1.3Financial Standing

Technically to qualify the bidder should get minimum score of 60%.Total Maximum score a bidder can get is 210 points.Financial bid Scoring:

Financial bid shall be given scoring as below:

The bidder who has quoted the lowest price will be assigned a score of 90 in the financial bid. The otherbidders will be allotted score relative to the score of bidder with the lowest quote as below:

Fs = 90 * F1 /FWhere:

Fs = The financial score of the Financial Proposal being evaluated

F1 = The price of lowest priced Financial Proposal

F = The quoted price of Financial Proposal under consideration

Combined evaluation :The weighted combined score of the Technical bid (Ts), and Financial proposals (Fs) shall be used to rank thebidders on the basis of formula given as below:

Combined Score = Ts/3 + Fs/3



The first ranked i.e. the highest scoring bidder will be considered for further processing.

3. Notes to Bidder:

1. In case of joint venture / consortia, full value of the work, if it was done by thesame joint venture or the entire work was done fully by any of the member, shallbe considered. For previous works done other than same JV the work experiencewill be calculated based on percentage participation in previous project andadded in proportion to current percentage participation.

Example: Let Member-1 has percentage participation = M and Member – 2has=N. Let the Work experience of Member-1 is ‘A’ and that of Member-2 is ‘B’, thenthe work experience of JV will be

=AM+BN100

2. In case of JV/consortium, the requirement of working capital is to be distributedbetween members as per their percentage participation.For example, Let Member-1 has percentage participation = M and Member-2 haspercentage participation =N. If minimum working capital required is ‘W’ thenworking capital required of Member -1 ≥ (W.M)/100 and working capital requiredof Member -2 ≥ (W.N)/100.

3. Financial data for latest 5 years has to be submitted by bidders along with theaudited Balance Sheets of 2011-12, 2012-13, 2013-14, 2014-15 & 2015-2016.The financial data in the prescribed format shall be certified by chartedAccountant with his stamp and signature. In case audited balance sheet of thelast financial year is not made available by the bidder, he has to submit anaffidavit certifying that the “balance sheet has actually not been audited so far”.If Audited Balance Sheet is not submitted, the application will beconsidered as Non-responsive.

4. In case of Joint venture/ consortia, the financial standing criteria will be evaluatedbased on weighted average of the financial data of the members as per thepercentage participation.Bid Capacity: The Tenderers will be qualified only if their available bid capacityis more than the approximate cost of work. Available bid capacity will becalculated based on the following formula:Available Bid Capacity = 2xAxN – BWhere,A = Maximum of the value of works executed in any one year during the last fivefinancial years (updated to 31.03.2016 price level assuming 5% inflation for



Indian Rupees every year and 2% for foreign currency portions per year).N = No. of years prescribed for completion of the workB = Value of existing commitments for on-going works during period of 36months w.e.f. 31st March 2016.In the case of a group/JV, the above formula will be applied to each member tothe extent of his proposed participation in the execution of the work.Example for calculation of bid capacity in case of JV / GroupSuppose there are ‘P’ and ‘Q’ members of the JV / group with their participationin the JV / group as 70% and 30% respectively and available bid capacity ofthese members as per above formula individually works out ‘X’ and ‘Y’respectively, then Bid Capacity of JV / group shall be as under:Bid Capacity of the JV / group = 0.7X + 0.3YTenderers, which do not qualify bid capacity criteria, shall not be considered forfurther evaluation and shall be rejected.a. Financial data of the design work done for latest last five financial years hasto be submitted by the Tenderer with audited financial statements. The financialdata in the prescribed format shall be certified by the Chartered Accountant withhis stamp and signature.b. Value of existing commitments for on-going construction works during periodof 36 months w.e.f. 31st March 2016 has to be submitted by the Tenderer.These data shall be certified by the Chartered Accountant with his stampand signature.c. In case of Joint venture/ consortia, the bid capacity criteria will be evaluatedfor each member applying above formula & combined bid capacity of theJV/consortia it will be evaluated based on weighted average of the individual bidcapacity of the members as per the percentage participation.

Chennai Metro Rail Project-CCS-01/RT-01- Central Square Technical Bidding Forms

Section 5: Bidding Forms April 20161



SECTION-5TECHNICAL BIDDING FORMS

APRIL 2016


ADMINISTRATIVE BUILDING, CMRL DEPOT,

POONAMALLEE HIGH ROAD,

KOYAMBEDU, CHENNAI – 600107. INDIA


CONTRACT NO. CCS-01-RT-01CONSULTANCY SERVICES FOR DESIGN WORKS OF

THE CIVIL, ARCHITECTURAL, LANDSCAPING &MEPWORKS, DESIGN DEVELOPMENT,

PROCUREMENT OF CONSTRUCTION CONTRACTS,CONSTRUCTION QUALITY AND SAFETY




Table of Technical Forms

Forms Description

TECH-1 Technical Proposal Submission

TECH 2 Technical Bid with attachments.

TECH-2A

Work Experience (DDC)

ELI-1 Bidder’s Information

ELI-2 Undertaking For Not Being Blacklisted

ELI-3 Undertaking Regarding Corrupt & Fraudulent Practice

EXP-1 Specific Experience

FIN-1 Financial Data (Financial Standing)

FIN-2 Financial Data (ongoing commitments)

PER-1 Team Composition, Task Assignments and Summary of CVInformation

PER-2 Curriculum Vitae (CV) for Proposed Key Experts

Familiarity Certificate

Form Tech – 1: Technical Bid Submission[Location, Date]



To:

Chief General Manager(UG-Construction)Chennai Metro Rail LimitedAdmin. Building, CMRL DepotPoonamallee High RoadKoyambedu, Chennai- 600 107Tamilnadu, India

Dear Sirs:

We, the undersigned, offer to provide the consulting services for [Insert name ofassignment] in accordance with your notice inviting tender dated [Insert Date] and our Proposal.“We are hereby submitting our Proposal, which includes this Technical Proposal and a FinancialProposal sealed in a separate envelope”

We are submitting our Proposal as a firm/ joint venture with: [Insert a list with full name and thelegal address of each member, and indicate the lead member]. We have attached a copy [insert:“of our letter of intent to form a joint venture” or, if a JV is already formed, “of the JV agreement”]signed by every participating member, which details the likely legal structure of and theconfirmation of joint and severable liability of the members of the said joint venture.

(If the Consultant’s Proposal includes Sub-consultants, insert the following :) We are submittingour Proposal with the following firms as Sub-consultants: [Insert a list with full name andaddress of each Sub-consultant.]

We hereby declare that:

(a) All the information provided and statements made in this Proposal are true andwe accept that any misinterpretation or misrepresentation contained in thisProposal may lead to our disqualification by the Client.

(b) Our Proposal shall be valid and remain binding upon us for the period of timespecified in Clause 7.1.

(c) We have no conflict of interest in accordance with ITB 3.

(d) We meet the eligibility requirements as stated in ITB 5, and we confirm ourunderstanding of our obligation to abide by Employer’s policy in regard to corruptand fraudulent practices as per ITB 4.



(e) We undertake to negotiate the Contract on the basis of the proposed KeyExperts.

(f) Our Proposal is binding upon us.

We understand that the Client is not bound to accept any Proposal that the Clientreceives.

Yours sincerely,

Authorized Signature [in full and initials]:

Name and Title of Signatory:

Name of Consultant [company’s name or JV’s name]:

In the capacity of:

Address:

Contact information [phone and e-mail]:

[For a joint venture, either all members shall sign or only the lead member, in which casethe power of attorney to sign on behalf of all members shall be attached]



TECH- 2: TECHNICAL BID SHOULD COMPRISE OF:

1. Scope Analysis: Comprehensive study of works including understanding and comprehension of works

involved, evaluation of scope and appropriate methodology proposed to execute thework.

2. Experience of the Firm: A brief description of the Consultants’ organization and an outline of recent experience

of the Consultants and, in the case of Joint Venture, for each member, onassignments of a similar nature.

For each assignment, the outline should indicate the names of Sub-consultants/Experts who participated, duration of the assignment, contract amount, andConsultant’s involvement.

Information should be provided only for those assignments for which the Consultantwas legally contracted individually as corporate entity or, as a lead firm or one ofmembers within a Joint Venture.

Assignments completed by individual Experts working privately or through otherconsulting firms cannot be claimed as the experience of the Consultant, or that of theJoint Venture members, but can be claimed by the Experts themselves in their CVs.

Consultants should be prepared to substantiate the claimed experience if sorequested by the Client.

Tenderer shall submit the following:(i) Introducing the Consultant’s organization.(ii) Design quality assurance plan.(iii) Details of insurance providers.(iv) Details about Relevant completed projects illustrating the Consultant’s

Relevant experience. No promotional material should be included.

3. General approach and methodology, work plan:A description of the approach, methodology and work plan for performing the assignmentcovering the following subjects: technical approach and methodology, staffing for training,work plan, and organization and Expert schedule inclusive of charts and diagrams.

4. List of proposed Key Expert team and Summary of CV particularsKey Experts’ CVs:The list of the proposed team by area of expertise, the position that would be assigned toeach team member and duration of engagement of their services, their tasks and asummary of essential CV information. CVs of the Key Experts should be signed by the KeyExperts themselves. Sufficient proof shall be submitted to substantiate the qualification andexperience of staff proposed.



5. Expert schedule:Estimates (man-months) of the Experts needed to carry out the assignment should beindicated separately for Chennai office and outstation support.

6. Work Schedule:

The work plan should be consistent with the proposed Work Schedule. This shall includeproject management plan, mobilization schedule (including sub-consultants), OHSE Plan,Quality Assurance and Quality control plan during design phase and execution respectively.



Form Tech – 2A: WORK EXPERIENCENAME OF THE TENDERER (CONSTITUENT MEMBER IN CASE OF JV/CONSORTIUM):

1. Name of work :2. Agreement / contract No & Date. :3. Name of Sub-consultant / experts &Duration of their Assignment:4. Client/ Employer’s name & Address:5.a Scope / Nature of work :

5.b Physical area of development workundertaken (including underground parking,buildings and landscaping or equivalentetc.):6. Date of start:7. Stipulated date of completion :8. Actual date of completion:9.Total value of DDC works done at Award& Percentage participation:10.Total value of DDC work done oncompletion :11. Value of similar work done :

12. Ref to client’s completion certificate to beattached as per ITB clause 10.1 (a) :NOTE:1. Separate Performa shall be used for each work. Details of only similar works prescribed inthe minimum eligibility criteria shall be submitted.

2. Only the value of contract as executed by the tenderer / member of the JV/Consortium in hisown name should be indicated. Where a work is undertaken by a group, the portion of thecontract which is undertaken by the tenderer / member of JV/Consortium should be indicatedand the remaining done by the other members of the group be excluded.

3. All the details should be supported by documentary proof e.g. completion certificates fromclient and concerned Consultant/Architect otherwise it will not be considered.



Form ELI - 1: Bidder InformationDate: [insert day, month, year]

[The Bidder shall provide the following information separately for DDC & PMC works respectivelyfor each member of JV.]

1. Bidder’s legal name:[insert full name]

2. In case of JV, legal name of the lead member and of each member: [insert full name ofeach member in the JV and specify the representative member]

3. Bidder’s actual or intended year of incorporation: [insert year of incorporation]

4. Bidder’s legal address in country of registration: [insert street/number/town or city/country]

5. Bidder’s authorized representative informationName: [insert full name]Address: [inset street/number/town or city/country]

Telephone/Fax numbers: [insert telephone/fax numbers, including country and citycodes]

Email Address: [insert E-mail address]

6. Attached are copies of original documents of:

Articles of Incorporation (or equivalent documents of constitution or association), and/ordocuments of registration of legal entity named above.

In case of JV, letter of intent to form JV or JV agreement.

7. Total years of experience in the DDC/PMC works:



Form ELI-2:

Undertaking For Not Being BlacklistedWe do hereby undertake that we have not been blacklisted or deregistered by theCentral Government, any state Government, PSUs or any Metro Rail authority in Indiaand also that none of our work was rescinded by the client after award of contract asper clause 5.2 of Instruction to Bidders (ITB) during last 5 years.

STAMP & SIGNATURE OF AUTHORIZED SIGNATORY

NOTE:

1 In case of JV/Consortium, the undertaking shall be submitted by each member ofthe JV/Consortium.

2 The undertaking shall be signed by authorized signatory of the tenderer orconstituent member in case of JV/Consortium.



Form ELI-3:Undertaking Regarding Corrupt & Fraudulent Practice

It is confirmed and declared that we, or any of our associate(s), have not been engagedin any fraudulent and corrupt practice as defined in clause 4.1 of Instruction toBidders (ITB) and that no agent, middleman or any intermediary has been, or will be,engaged to provide any services, or any other items of work related to the award andperformance of this contract

STAMP & SIGNATURE OF AUTHORIZED SIGNATORY

NOTE:

1 In case of JV/Consortium, the undertaking shall be submitted by each member ofthe JV/Consortium.

2 The undertaking shall be signed by authorized signatory of the tenderer orconstituent member in case of JV/Consortium.



Form EXP - 1: Specific Experience[The following table shall be filled in for Contracts performed by the Bidder and by each

member of a JV.]

Date: [insert day, month, year]Bidder’s Legal Name: [insert full name]

Joint Venture Party Legal Name: [insert full name]

S. No. ActivitySimilar

ContractNo.

[insert numberof similarContractsexecuted]

Information[Brief Description ofwork executedincluding Physicalarea of developmentas per EQC ]

Ref. toEmployer’scertificate

1. Subways/ skywalks/Walkways & street-scaping (pavement,furniture & fixtures).

2. Hardscaping,Softscaping, water-scaping as a part oflandscaping

3. Underground/basement parkingwith mechanicalventilation.

4. Propertydevelopment.

5. Multi-modalintegration/ transitoriented development.

6. Green Designexperience based oncertification obtainedin previous projectsdesigned in last10years



Form FIN - 1: FINANCIAL DATA(FINANCIAL STANDING)

NAME OF THE TENDERER (CONSTITUENT MEMBER IN CASE OF JV/CONSORTIUM):

(All Amounts in Rupees in Crores)

S.No. DescriptionFinancial Data for Latest Last 5 Audited Financial Years

Year2015-16

Year2014-15

Year2013-14

Year2012-13

Year2011-12

1. Total Assets2. Current Assets3. Total Liabilities4. Current Liabilities5. Profits Before Taxes

6. Profits After Taxes

7.Net Worth[= 1 -3]

8. Working Capital[=2 -4]

9. Annual Turnover

10.Total value of DDC/PMC work doneas per audited financial statements

NOTE:1. Separate Performa shall be used for each member in case of JV/Consortium.

2. Attach copies of the audited balance sheets, including all related notes, income statements for the lastfive audited financial years, as indicated above.

3. All such documents reflect the financial data of the tenderer or member in case of JV/Consortium, andnot that of sister or parent company.

4. The financial data in above prescribed format shall be certified by Chartered Accountant / CompanyAuditor under his signature & stamp.

(If Audited Balance Sheet is not submitted, the application will be considered as Non-responsive.)



Form FIN - 2: FINANCIAL DATA(EXISTING COMMITMENTS FOR ON-GOING DDC WORKS)

NAME OF THE TENDERER (CONSTITUENT MEMBER IN CASE OF JV/CONSORTIUM)(All amounts in Rupees in Crores)

Name and briefparticulars of

contracts for on-going

DDC/PMCworks

ContractValue

Value ofbalance workyet to be done

(as on31.03.2016)

EstimatedCompletion

Date

Value of existing commitments for on-going DDC works during period 36months

2016-17(1st April ’2016to 31st March

2017)

2017-18(1st April’2017to 31st March

2018)

2018-19(1st April’2018 to31st March 2019)

1 2 3 4 5 6 7

TOTAL (FOR ALL ONGOING WORKS)NOTE:

1. Separate Performa shall be used for each member in case of JV/Consortium.

2. Tenderer or member in case of JV/Consortium should provide information on their currentcommitments for all contracts that have been awarded or for which a letter of intent or acceptance hasbeen received or for contracts approaching completion but for which a completion certificate is yet to beissued even if completion of such works spills over beyond completion period of this contract.

3. The financial data in above prescribed format shall be certified by Chartered Accountant / CompanyAuditor under his signature & stamp.



Form PER - 1: Team Composition, Task Assignmentsand Summary of CV Information

NameArea of

ExpertisePositionAssigned

TaskAssigned

KeyExpertor Non-

KeyExpert

FirmAcronym &

EmploymentStatus with Firm

(full-time, orother)

No. of yearsof relevant

projectexperience

TotalExperience

in years



Form PER - 2: Curriculum Vitae (CV) for ProposedKey Experts

1. General

Position Title and No. [e.g., TEAM LEADER] [Note: Only one candidate shall benominated to each position.]

Name of Key Expert [Insert full name]

Name of the Firm proposing theKey Expert

Date of Birth [day/month/year]

Nationality

Country ofCitizenship/Residence

2. Education: [List college/university or other specialized education, giving names ofeducational institutions, dates attended, degree(s)/diploma(s) obtained]

3. Employment record relevant to the assignment: [Starting with present position, list inreverse order. Please provide dates, name of employing organization, titles of positionsheld, types of activities performed and location of the assignment, and contact information ofprevious clients and employing organization(s) who can be contacted for references. Pastemployment that is not relevant to the assignment does not need to be included.]

4. Membership in Professional Associations and Publications:

Period Employing organization and yourtitle/position.

Contact information for references

Summary of activitiesperformed relevant to theAssignment



5. Certification:

I, the undersigned, certify to the best of my knowledge and belief that:(i) this CV correctly describes my qualifications and my experience;(ii) I am committed to undertake the assignment within the validity of Proposal;(iii) I am not part of the team who wrote the terms of reference for this consulting

services assignment;(iv) I am, pursuant to Clauses 3 and 4 of the ITC, eligible for engagement.

I understand that any misstatement described herein may lead to my disqualification ordismissal, if engaged.

Date:

[Signature of Key Expert]

Note:

The CVs of the Key Professional Staff should be signed on every sheet by the personnelconcerned and the last sheet of each CV should also be signed by the authorized signatory ofthe applicants.



Format: “familiarity certificate” should be read as under:

“We have inspected the site and we are familiar with the geological and topographicalconditions, and local conditions and local bye-laws to perform the services.”

[Sd-]Seal


SECTION 6(REVISED)

FINANCIAL PACKAGE

APRIL 2016



INDIA

CONTRACT NO. CCS-01/RT-01-“Consultancy Services For Design Works OfThe Civil, Architectural, Landscaping & MEPworks, Design Development, Procurement OfConstruction Contracts, Construction Qualityand Safety Management For Central Square,Chennai”

Section 6 APRIL 2016

1


SECTION-6FINANCIAL BID

PART-I Letter of Price Bid

PART-II Financial bid summary

PART-III Stage Payment for DDC Works

PART-IV Payment for Construction quality and safety Management key

professional staffs during construction phase only Works.

PART-V Summary of Key Dates & Liquidated damages

Chennai Metro Rail Project-CCS-01/RT-01- Central Square Financial Package


2

PART-I

NIT No. CMRL/CON/CCS-01/RT-01/2015

Letter for Price Bid(To be put in sealed cover along with the price bid)

To,Chief General Manager (UG- Construction)CHENNAI METRO RAIL LIMITEDAdministrative Building, CMRL Depot,Poonnamallee High Road,Koyambedu, Chennai – 600107.Tamilnadu, India

Sub: CONTRACT NO. CCS-01/RT-01- Letter of Price Bid

Dear Sirs:

We, the undersigned, offer to provide the consulting services for “ConsultancyServices For Design Works of The Civil, Architectural, Landscaping & MEP works,Design Development, Procurement Of Construction Contracts, Construction QualityAnd Safety Management For Central Square, Chennai” in accordance with your NoticeInviting tender dated [insert Date] and in conformity with the bidding documents.

We, have examined and have no reservations to the bidding documents including addendaissued by employer.

Our attached Financial Proposal is for the sum of [insert amount(s) in wordsand figures].

Our Financial Proposal shall be binding upon us and may be accepted at any timebefore expiration of the validity period of the Proposal.

If our bid is accepted we commit to obtain performance security in accordance withcontractual provisions.

We understand that this bid, together with your written acceptance thereof, includedin your letter of Acceptance (LoA), shall constitute a binding contract between us, until aformal contract is prepared and executed.

We understand you are not bound to accept the lowest evaluated bid or any otherProposal you receive.



3

Yours sincerely,

Authorized Signature [in full and initials]:Name and Title of Signatory:Name of Firm:Address:

Notes:1. In case of bid submitted by JV the name of the JV shall be specified as name of

bidder.2. The person signing the bid shall have the PoA given by bidder/ all members of JV.



4

PART-II

Financial bid summary

No Description of Work Consultancy fee in INR

In Figures In words1 Cost of services from conceptual/ master plan, pre-

construction, pre-tendering & procurement ofconstruction contracts, submission of “As-built” asmentioned in ToR & clause 2.1 & 2.3 in section 3for Detailed design consultancy Services (DDC).(Fee to be quoted as Lump-sum amount)

2 Cost of services from construction to post-construction and completion of all services asmentioned in ToR & clause 2.2 Section 3

Taken from Part IV-Payment for Constructionquality and safety Management key professionalstaffs during construction phase only, Sl.NO.6(Table)

(Fee to be quoted as Lump-Sum amount takingconstruction contract duration as 24 months)

3 Applicable service tax, if any (Rs.)4 Total Fee in Rs.

Notes:

a) The service tax shall not be considered for evaluation of bid.

Bidder:

Date:

Signature with Name & Designation of theAuthorized Signatory



5

PART- III

Stage Payment for Detailed Design consultancy (DDC) Services:

Sl.No.

Employer’s Requirement/ Description Percentage Payment

1. Mobilization advance against Bank Guarantee onAppointment/ signing of agreement/ Acceptance ofoffer/ submission of performance security andProfessional Indemnity insurance (PII).

5% of Item No. 1 in Part II -Financial Bid Summaryrecoverable as per GCC.

2. Submission of Master Plan for entire area 2% of Item No. 1 in Part II -Financial Bid Summary

3. Approval of DPR by Employer 3% of Item No. 1 in Part II -Financial Bid Summary

4. Submission of Land use Plan & EIA Reports 2% of Item No. 1 in Part II -Financial Bid Summary

5. Submission of Property Development viability report aspart of DPR

1% of Item No. 1 in Part II -Financial Bid Summary

6. Preparation of conceptual plans 2% of Item No. 1 in Part II -Financial Bid Summary

7. Establishment of bench mark and completion of sitesurvey including sub-soil exploration and submission ofGIR


8. Submission of design calculation and schematicsdrawings for all services and buildings


9. Approval of conceptual plans, preliminary estimate, BOQand specification by Employer.


10. Submission of design basis reports and generalarrangement drawings (GAD) ,Submission ofdevelopment design, detailed estimate from quantity takeoff


11. Submission of QA/QC plan, work programme, Buildingand services plan


12. Submission of detailed architectural/structural/MEPdesigns and drawings meeting ToR requirements


13. Submission of documents for floating tender. 5% of Item No. 1 in Part II -Financial Bid Summary

14. Submission of CSD, SOD and SEM drawings. 3% of Item No. 1 in Part II -Financial Bid Summary

15. Submission of good for construction drawings (GFC) withLDC certification.


16. Submission of documents pertaining to green buildingcertification, Multi-modal integration and clearance bylocal/statutory authorities.


17. Design support till completion of 20% of execution ofphysical works at site.








21. Certification of works executed (rectification & repair etc.complete) on virtual completion.




6

22. As- built drawings. 5% of Item No. 1 in Part II -Financial Bid Summary

23. Submission of completion report, completion of greenbuilding certification and issue of taking over certificate toexecuting contractor.


Total: 100%

Notes:

1. The Consultant shall provide a certificate, at the time of submission of theirinvoices, that all Professional Staff as specified in the Contract have beenactually deployed in the project.



7

PART-IV

Payment for Construction quality and safety Management keyprofessional staffs during construction phase only:

(a). Remuneration

Sl. No. Position /DesignationUnit rate per

personMan-month Rate

Chennai Office

Sub-key Professional Staff

1. Quality Assurance and QualityControl Expert

2. OHSE Expert3. Quality Engineer-2 No’s4. OHSE Engineer-2 No’s

Support Staff5. Office assistant- 1 No’s

6

Total Cost of services fromconstruction to post-construction taking the periodof construction as 24 months.

Note:

1. The Employer reserves the right to decide the mobilisation and demobilisation of theabove staff during construction phase depending on the progress of the constructioncontract.

2. The above rates shall be applicable without any variation for the entire constructionperiod of 24 months.

3. The above man month rate is inclusive of expenses towards office supplies, localtransport, statutory expenses, insurances, other expenses etc.

4. The Remuneration shall include all local taxes, duties, fees levies and other impositionsexcept service tax. The service tax shall be indicated for the complete work in part II,financial bid summary, section 6, Financial Bid of the Tender Document.



8

(b) Price Variation Applicable beyond 24 months during construction phase:

Prices payable to the Contractor, in accordance with the Contract, shall be subject to adjustmentduring performance of the Contract to reflect changes in the cost of labour components inaccordance with the following general formula;

P= 0.7 X [(P1 / P0)-1]Where:“P1” is the RBI Indices for current month i.e. 28 days prior to IPC.“P0” is the RBI Indices for base month i.e. 28 days prior to Bid submission

“P” is the adjustment factor to be applied to the certified values of payment made toconsultant.Escalation Payable= AXPWhere,“A” is amount invoiced in Interim Payment Application.



9

PART -VSummary of Key Dates & Liquidated Damages as per conditions ofcontract.

Stages Description Duration Liquidated Damages

1. Preparation ofDetailed ProjectReport

2 Months from the date ofletter of Award (LOA) issuedto the consultant.

0.2% of the quotedamount per weeksubject to maximumceiling of 10% of ItemNo. 1 in Part II -Financial Bid Summary

2. Master / ConceptDevelopmentstage

3 Month from the date ofissue of LOA.


3. Preliminaryplanning stage

4.5 Month from the date ofissue of LOA.


4. Conceptual planapproval stage

5 Month from the date ofissue of LOA.


5. Presentation tovariousstakeholders/authorities forclearance/approval.



6. Detailed DesignStage and tenderdocuments alongwith estimatessubmitted toemployer forfloating tenders.



7. Tendering and 7.5 Month from the date of 0.2% of the quoted



10

procurement ofcontracts

issue of LOA. amount per weeksubject to maximumceiling of 10% of ItemNo. 1 in Part II -Financial Bid Summary

8. Good Forconstructiondrawings

1 Week after award of work. 0.2% of the quotedamount per weeksubject to maximumceiling of 10% of ItemNo. 1 in Part II -Financial Bid Summary

9. As-BuiltDrawingssubmission

2 months after issue of virtualcompletion certificate tocontractor(s).

0.2% of the quotedamount per weeksubject to maximumceiling of 10% of ItemNo. 1 in Part II -Financial Bid Summary.

Maximum Liquidated Damages for all key dates put together is limited to 10% of pricequoted in Part II: Item no.1 of this section.

Chennai Metro Rail Project-CCS-01-RT-01- Central Square General Conditions of Contract



SECTION 7

GENERAL CONDITIONS OF CONTRACT

APRIL 2016



INDIA





SQUARE, CHENNAI

Section 7 –GCC (i) APRIL 2016

CHENNAI METRO RAIL LIMITEDCHENNAI M ETRO RAIL PROJECT



TABLE OF CONTENTS

DEFINITIONS AND INTERPRETATION

1. DEFINITIONS - Page 12. INTERPRETATION - Page 23. LANGUAGES AND LAW - Page 2

THE CLIENT

4. INFORMATION - Page 25. DECISIONS - Page 36. ASSISTANCE - Page 3

CONTRACT AGREEMENT

7. AGREEMENT EFFECTIVE DATE - Page 38. COMMENCEMENT AND COMPLETION - Page 39. NOTICES - Page 3

GENERAL OBLIGATIONS

10.PRESS / MEDIA RELATIONS - Page 411.SUBMISSION OF PROGRAMME - Page 412.EQUIPMENT AND FACILITIES - Page 413.PROVISION OF CONSULTANCY SERVICES - Page 514.ADDRESSING AMBIGUITIES - Page 515.LIABILIITY OF CONSULTANT TO THE EMPLOYER - Page 516.COMMUNICATIONS - Page 617.TAXES AND DUTIES - Page 618.DURATION OF LIABILITY - Page 719.CHANGE IN LEGISLATION - Page 720.CONFLICT OF INTEREST - Page 7

General Conditions of Contract

Section 7 –GCC (ii) APRIL 2016

21.CORRUPTION AND FRAUD - Page 822.PUBLICATION - Page 8

THE CONSULTANT

23.SCOPE OF SERVICES PERFORMED BY THE CONSULTANT-Page 924.PERFORMANCE STANDARDS - Page 925.REPRESENTATIVE - Page 1026.DEPLOYMENT/REPLACEMENT OF PERSONNEL - Page 1027.ASSIGNMENT AND SUB-CONTRACTS - Page1128.SUPPLY OF CLIENT’S PERSONNEL - Page 1129.PERFORMANCE GUARANTEE - Page 1230.CHANGE IN PERSONNEL - Page 1231.CHANGE IN CONSTITUTION - Page 1232.QUALITY ASSURANCE - Page 1333.PROFESSIONAL INDEMNITY INSURANCE (PII) - Page 13

CONTRACT DOCUMENTS

34.PRIORITY OF DOCUMENTS - Page 1435.MODIFICATIONS AND VARIATIONS - Page 1436.COPYRIGHT - Page 1537.CONSULTANT’S WARRANTY OF DESIGN - Page 15

PAYMENT

38.PAYMENT TO THE CONSULTANT - Page 1639.TIME FOR PAYMENT - Page 1940.CURRENCY OF PAYMENT - Page 1941.DISPUTED INVOICES - Page 1942.AUDIT REQUIREMENTS - Page 1943.TAX DEDUCTION AT SOURCE - Page 20

CLAIMS AND LIABILITIES

44.CLAIMS FOR LOSS OR DAMAGE - Page 2045.EMPLOYER’S CLAIM - Page 2046.LIMIT OF EMPLOYER’S LIABILITY - Page 2147.FORCE MAJEURE - Page 2148.DELAYS AND LIQUIDATED DAMAGES - Page 2149.EXTENSION OF TIME - Page 2250. ISSUE OF NOTICE - Page 2251.RIGHTS AND LIABILITIES OF THE PARTIES - Page 22

General Conditions of Contract

Section 7 –GCC (ii) APRIL 2016

SUSPENSION AND TERMINATION

52.ABANDONEMENT AND SUSPENSION - Page 2353.CONSEQUENCES OF SUSPENSION - Page 2354.TERMINATION - Page 23

DISPUTE RESOLUTION

ADJUDICATION AND ARBITRATION - Page24

CONTRACT FORMSAPPENDIX-1 REQUIREMENT UNDER CONDITIONS OF CONTRACTAPPENDIX-2 FORM OF BANK GUARANTEE FOR TENDER SECURITYAPPENDIX-3 FORM OF BANK GUARANTEE FOR PERFORMANCE GUARANTEEAPPENDIX-4 FORM OF AGREEMENTAPPENDIX-5 BANK GUARANTEE FOR MOBILISATION ADVANCE

Chennai Metro Rail Project –CCS-01-RT-01-Central Square General Conditions of Contract

Section 7-GCC APRIL 2016

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1 DEFINITIONS

The following words and expressions shall have the meanings assigned tothem except where the context otherwise requires:

(i) “PROJECT” means the project/work named in Conditions of Contract.(ii) “SERVICES” means the services to be performed by the Project

Management Consultant pursuant to this contract as may be amended fromtime to time.

(iii) “EMPLOYER” means the Chennai Metro Rail Limited (also referred to as the“CLIENT” or “CMRL”) which expression shall also include their legalsuccessors and permitted assigns.

(iv) “PROJECT MANAGEMENT CONSULTANT” (consultant) means theprofessional firm, individual, party or the group named in the Agreement,who has to perform the services, and which expression shall include his/theirlegal successors and permitted assigns.

(v) “SUB-CONTRACTOR” means the sub-consultant appointed by Consultantwith the prior approval of the Employer and in accordance with theprocedure described in General Conditions of Contract.

(vi) “MEMBER” in case the consultant comprises more than one entity; meansany of the entities “Members” means all the entities.

(vii) “PARTY” means the Employer or consultant as the case maybe and“Parties” means both of them. “Third party” means any other person or entityas the context requires.

(viii) “CONTRACT” means the Contract Agreement, other documents which arelisted in the contract Agreement and in the Letter of Acceptance.

(ix) “ENGINEER IN CHARGE” means the person-in-charge appointed by theEmployer to invite construction tenders, and to supervise the constructionwork or any of its officers nominated by the Employer and notified from timeto time.

(x) “TIME FOR COMPLETION” means the time period stated for this purpose inthe Contract.

(xi) “DAY” means the period between any one midnight and the next.(xii) “MONTH” means a period of one month according to the Gregorian calendar

commencing with any day of the month.(xiii) “RUPEES” means the currency of India and shall be the currency used for

the Project.



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2 INTERPRETATION

2.1 The headings are inserted for ease of reference only and shall not form partof nor be used in the interpretation of these Conditions.

2.2 The words importing the singular shall include the plural and vice versa,words importing a gender shall include other genders. A reference to aperson shall be construed as a reference to an individual, firm, bodycorporate or other entity (whether incorporated or not), or, where a positionis nominated, the individual occupying that position.

2.3 References to “Contract” mean this contract (and include the Schedules).References to “Clauses” and “Schedules” mean clauses of and schedulesto this Contract. The provisions of the Schedules shall be binding on theparties as if set out in full in this Contract.

2.4 References in this Contract to statutory provisions include all prior andsubsequent enactments, amendments and substitutions relating to thatprovision and to any regulations made under it.

2.5 If there is a conflict between provisions of the Agreement and the conflict isnot the result of a variation agreed, priority of documents as mentionedshall prevail.

2.6 If there is a conflict in the interpretation of the provisions/ clauses ofAgreement, interpretation of CMRL shall be final.

3 LANGUAGES AND LAW

Languages of the agreement/contract communication shall be English. Theagreement shall be interpreted, constructed and governed by laws of India.Design Consultant shall, at all times in its performance of its obligations underthis Agreement, be responsible to comply with all the Applicable Laws, including,without limitation, those rules or regulations enacted or issued by the Employer .

4 INFORMATION

It is the responsibility of consultant to collect all the necessary information fromother organizations, agencies etc. to the execution of the works assigned.However, the employer will facilitate in collecting the necessary information fromother govt. organizations, agencies etc.



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5 DECISIONS

On all matters properly referred to it in writing by consultant, the Employer shallgive a decision in writing within a reasonable time.

6 ASSISTANCE

While it shall be primary responsibility of the consultant to obtain necessaryinformation from other organization to execute the contract, the Employer shallassist consultant in:

6.1 Obtaining access wherever it is required for the Services.6.2 Obtaining access to other organizations for collection of information.

7 AGREEMENT EFFECTIVE DATE

The contract shall come into effect from the date of issue of the Letter ofAcceptance (LOA) or the date as mentioned in the LOA, whichever is later.

8 COMMENCEMENT AND COMPLETION

8.1 The date of commencement shall be the date of issue of LOA by CMRL orthe date mentioned in the LOA, whichever is later.

8.2 The services shall commence and complete at the times or within theperiod stated in the Service/Contract/Agreement subject to extensions inaccordance with the agreement.

8.3 Completion of the Activities/services of the consultant shall be certifiedupon final submission of all the documents/manuals, designs, drawingscovered in the scope of this contract. If all the documents/manuals havebeen satisfactorily submitted, the Employer/ Employer’s Representativeshall issue the Completion Certificate (i) 56 days after the final paymentcertificate to the consultant or,(ii) on the date on which all services andfacilities are complete to the entire satisfaction of the Employer, whichever islater.

9 NOTICES

If a Party becomes aware of an error or defect of a technical nature in adocument which was prepared for use in executing the Works, the Party shallpromptly give notice to the other Party of such error or defect.

The Consultant shall promptly give notice to the Employer of specific probablefuture events or circumstances which may adversely affect the work or increase



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the Contract Price or delay the execution of the Works by the constructioncontractor. The consultant is required to submit an estimate of the anticipatedeffect of the future event or circumstances, and/or a proposal within 7 days afterissuing the Notice.

If the consultant considers himself to be entitled to an extension of the Time forCompletion for in-ordinate delays attributable to the Employer or additional costfor complying with the Employerinstructions, the consultant shall give notice tothe Employer with all justifying particulars necessitating such claims within 14days from the occurrence of such event.TheEmployer shall respond to suchnotice within reasonable time after examining the claims on merits followed bydetermination of time extension due and/or additional payments due, if any onthe basis of merit, for the consultant. The decision of employer/ employer’srepresentative will be final and binding in this regard.

If the consultant fails to carry out any obligation under the contract, the Employermay by Notice, require the consultant to make good the failure and to remedy itwithin a specified time.

Notices under the Agreement shall be in writing and will take effect from receiptat the address stated in the Agreement. Delivery can be by hand or facsimilemessage against a written confirmation of receipt or by registered letter or bytelex and subsequently must be confirmed by letter.

10 PRESS / MEDIA RELATIONS

10.1 Under any circumstances, no employee of the consultant shall, except withwritten sanction of the Employer , participate in a radio/TV broadcast orcontribute to any article or write any article or letter either in his own nameor anonymously, pseudonymously, or in the name of any other person, toany newspaper or periodical.

10.2 The CMRL policy regarding responding to Press/Media shall beenforceable on all parties associated with this agreement.

11 SUBMISSION OF PROGRAMME

The consultant shall submit Programmes and Schedules including detailedbreakup of activities for the lump sum payment as per contractual provisions forapproval by CMRL within 30 days of issue of LOA and update themregularlytoassist the Employer in tracking the progress of works. These programmes andschedules are for Employer’s use only.

12 EQUIPMENT AND FACILITIES



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12.1 The Consultant shall secure for itself and its employees all equipment,transport facilities and services that may enable it to perform its obligationsunder the contract.

12.2 The Consultant shall at all times give to the Employer or to any otherpersons authorised in writing by the Employer, access to premisesoccupied by the Consultant where the Consultancy Services are beingundertaken and shall permit those persons to inspect and audit theperformance of the Consultancy Services and any Contract Material orother material related to the Consultancy Services.

13 PROVISION OF CONSULTANCY SERVICES

13.1 The Consultant shall:

(i) Inform itself of the Employer 's requirements in respect of theConsultancy Services;

(ii) Consult regularly with the Employer throughout the performance of theConsultancy Services; and

(iii) Act professionally at all times in the performance of the ConsultancyServices, exercising the skill, care and diligence normally required inthis respect.

13.2 CODE OF PROFESSIONAL ETHICS(i) The consultant shall have no direct or indirect interest in commercial,

manufacturing or contracting activities that might tend to influence itsprofessional judgement. It is remunerated solely by the fees paid to itby CMRL.

(ii) It shall approach all assignments objectively and by using soundtechnical and economic principles provide solutions, which serve thebest interests of CMRL.

(iii) The consultant shall give a declaration that its firm has no financial ormanagerial ties with other organisation that could influence itsindependence.

13.3 The Employer shall make available to the Consultant the assistance, if any,specified in the Contract.

14 ADDRESSING AMBIGUITIES

To the extent there are any ambiguities and/or conflicting terms and provisionsas between the Design Consultant’s Proposal and this Agreement, thisAgreement shall control and govern.

15 LIABILITY OF CONSULTANT TO THE EMPLOYER



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consultant shall be liable to the Employer till the issue of the PerformanceCertificate. The Employer shall issue Performance Certificate to the consultantafter the completion of duration of professional liability.

The consultant shall be issued Performance Certificate by the Employer statingthat the consultant has completed his obligation to the Employer’s satisfaction.Only the issue of Performance Certificate shall be deemed as fulfilment ofconsultant’s obligations with respect to this contract.

consultant shall only be liable to pay compensation to the Employer arising out ofin connection with the Agreement for a breach of Contract. Such compensationshall be limited to the amount specified against limitation of Liability mentioned inConditions of Contract.

16 COMMUNICATIONS

16.1 The Design Consultant shall comply with all written procedures, issued bythe Employer from time to time, for conduct of communications to deal withmatters relating to the planning, programming, design and construction ofthe Project.

16.2 After every meeting, the consultant shall prepare Minutes of Meeting andsubmit to the Employer for approval and circulation to other parties.

17 TAXES AND DUTIES

17.1 The consultant shall ensure full compliance with the tax laws of India withregard to this contract and shall be solely responsible for the same. Heshall submit copies of acknowledgements evidencing filing of returns everyyear and shall keep the Employer fully indemnified against any liability oftax, interest, penalty, etc. of the consultant's in respect thereof, which mayarise.

17.2 The consultant shall maintain complete records in respect of paymentsmade for taxes, duties, octroi and other levies payable to various authoritiesand shall advise the Employer of the complete details of such complianceand payments every month, which shall be enclosed with the MonthlyProgress Report. These records shall remain open for Inspection by theEmployer at any time and shall be made available to them as and whenrequired.

17.3 The consultant and their personnel shall pay such taxes, duties, fees andother impositions as may be levied under the Applicable Laws, the amountof which shall be deemed to have been included in the Contract Price



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(Contract Price should be fixed excluding Service tax, which shall bereimbursed by the Employer based on documentary evidence of actualpayment of the same).

17.4 In case the Employer receives approval for exemption, refund, waiver orreimbursement in any of the taxes applicable to the Contract, including butnot limited to the Central Excise Duty, Custom Duty, TN VAT in full or partthereof; the consultant will be advised on the process to be followed toobtain such exemption/refund/reimbursement of such taxes etc. from theconcerned authority. The consultant shall arrange for the remittance of therefund so obtained to Employer immediately. Alternatively, the Employer atits discretion may instruct the consultant to submit all documentaryevidence of having paid the taxes to enable the Employer to claim therefund from statutory authorities.

18 DURATION OF PROFESSIONAL LIABILITY

consultant shall not be considered liable for any loss or damage resulting fromany occurrence unless a claim is formally made on him before the expiry of theinsurances stated in the Conditions of Contract, i.e., two years from the date ofissue of completion certificate or such date as may be prescribed by law,whichever is later.

19 CHANGE IN LEGISLATION

Changes in the rate of existing tax relevant to the contract,15 days prior to thedue date of submission of the tender, will be considered a Change in Legislation.Such additional or reduced cost shall be certified by the Employer afterexamining the records provided by the consultant and shall be paid by orcredited to the Employer accordingly.

20 CONFLICT OF INTEREST

Unless otherwise agreed in writing by the Employer, the consultant and hispersonnel shall have no interest in nor receive remuneration in connection withthe Project except as provided for in the Agreement.

The consultant shall take all reasonable measures to ensure that its employees,agents and subcontractors do not, during the Contract, engage in any activity orobtain any interest which is in conflict with providing the Consultancy Services tothe Employer fairly and independently.

Any such activity must be disclosed in writing to the Employer immediately. Onreceipt of a notice of conflict of interest, the Employer may decide upon the



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action to be initiated. Employer reserves the right to suspend services ofconsultant or to proceed to termination, as necessary.

21 CORRUPTION AND FRAUD

The consultant shall neither give, provide, or offer nor shall receive, ask oraccept, any loan, fee, reward, gift or any emolument or advantage whatsoeverbeyond the provisions of this agreement.

Wherever possible, any issues relating to conduct, competence and behaviourshould be identified and resolved internally but the Employer should keptinformed of such occurrences.

In order to prevent and detect fraud, the Employer may at any time:

a) Share information about the consultant with other organizations includingthe police, vigilance, etc.

b) conduct/allow the Law Enforcement officials to conduct searches of theconsultants’ premises

c) Check and share your details with fraud prevention and detectionagencies, as may be necessary.

In the event of any breach of this condition, the Consultant shall be deemed tohave breached the contract and the Employer shall, without prejudice to anyother rights the consultant,it may possess, be at liberty forthwith to terminate thiscontract and to recover from the consultant any loss or damage resulting fromsuch termination.

However, should the Employer consider that your conduct or behaviour may bein breach of code of conduct, or that your professional competence has beencalled into question, Notice may be issued to the consultant requiringexplanation in this regard but the consultant will be liable to pay compensation tothe Employer if the breach is established.

In the event of termination on such grounds, the Employer is also entitled torecovery of any additional expenses incurred for proceeding the work tillcompletion.

22 PUBLICATION

consultant, either alone or jointly with others, cannot publish, disclose or divulgeany material relating to the Services or Project to any third party without thewritten permission from the Employer .



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The consultant shall implement appropriate technical and organisationalmeasures to protect the Data/Information regarding the project againstunauthorised or unlawful processing and against accidental loss, destruction,damage, alteration or disclosure.

23 SCOPE OF SERVICES PERFORMED BY THE CONSULTANT

23.1. The Employer has endeavored to delineate the scope of the Services to beprovided by Consultant in Section 3. Such descriptions are not intended tobe comprehensive, it being understood that Consultant shall be required,without adjustment or addition to the fixed rates or maximum compensationagreed to herein, to provide any services, whether or not listed in Section 3,that are within the scope of its field of professional practice and that arereasonably inferable as being necessary, or that would be customarilyfurnished by other providers of professional services of the type and natureprovided for in this Agreement, to accomplish the Services set forth inSection 3. The Consultant shall provide and complete the ConsultancyServices, to the standards and in the manner, frequency, quantity andtimes specified in accordance with the Conditions of Contract, except forvariations which have been agreed to in writing by the Employer.Consultant shall perform services relating to the Project. The Scope of theServices is stated in Section 3 of tender documents.

23.2. Consultant shall exercise reasonable skill, care and diligence in theperformance of his obligations under the Agreement and in accordancewith the prevailing standards of the profession.

23.3. The consultant shall provide professional, objective and impartial adviceand at all times hold the Employer’s interests paramount.

23.4. Where the Services include the co-ordination between the consultant andother consultants and Contractors employed on the Project, the consultantshall provide such co-ordination. The consultant shall obtain, co-ordinateand submit to the Employer’s Representative for his information andapproval all details, drawings, arising from such co-ordination with others.Such co-ordination will take place throughout the contract period.

24 PERFORMANCE STANDARDS

All services performed under this Agreement shall be performed by theConsultant and its Sub-Consultants in a manner consistent with (a) the Indianand International standards and codes applicable for projects of the type, scopeand complexity of the Project and also applicable to those who provide similar



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services; (b) the Applicable Laws; (c) the terms of this Agreement; and (d) usingtheir professional skill and judgment. You are required to comply with theEmployer’s Policies and Procedures as may from time to time be in force.

25 REPRESENTATIVE

For the administration of the Agreement, the consultant shall designate anofficial or individual to be his representative, with necessary knowledge of thedesign and construction works. This person shall be designated as Project Co-ordinator and shall attend all meetings with the Employer. The Project Co-ordinator will be responsible for planning, organizing and securing resources forensuring the successful completion of the project by coordinating with differentteams to develop a coherent output through the coordination of variousinterfaces. All communications from the Employer shall be addressed to theProject Co-ordinator.

26 DEPLOYMENT/REPLACEMENT OF PERSONNEL

26.1 All persons employed by Design Consultant shall be the employees ofDesign Consultant and not of CMRL. Design Consultant shall be solelyresponsible for any workers' compensation obligations, withholding taxes,unemployment insurance, all statutory obligations and any other Employerobligations with respect to all employees working for Design Consultant.

26.2 The Consultancy Services shall be performed by the key personnelnominated in the Proposal and no substitution of personnel so nominatedshall be made without the Employer’s consent. The personnel sonominated shall be competent and shall have the necessary skills toperform the Consultancy Services on which they will be engaged.

26.3 The Qualifications and experience of all personnel, who are assigned byconsultant to work on the Project, shall be submitted to the Employer forapproval prior to deployment.

26.4 The Schedule of Manning with details including number of personnelnecessary to complete the works as per the Agreement shall be submittedby the consultant upon award of the work. The Employer reserves the rightto penalize for non-deployment of man-power as agreed in manningschedule. The penalty for non-deployment of key persons will be penalizedat 50,000/month/ key person and for sub-key staff at 25,000/month/ keyperson, until such time as the key person or his replacement is deployed.



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26.5 Where any of the nominated personnel are unavailable to perform any ofthe Consultancy Services allocated to them, the Consultant shallimmediately -

(i) notify the Employer in writing; and

(ii) if so requested by the Employer , arrange for replacement of thatperson with a person satisfactory to the Employer (who will becomethe nominated personnel) at no cost to the Employer.

(iii) If a key personnel or sub-Key personnel are not available more than 15days in a month, due to leave or sickness, an amount of Rs 50,000 willbe deducted from consultant’s payment, if no replacement is providedfor the period the key personnel or sub-key personnel are not available.

26.6 The Employer reserves the right to decide the mobilisation anddemobilisation of the Key Professional staff (during construction phase)mentioned in Enclosure 1, Section 3, Terms of reference depending onthe progress of the construction contract.

27 ASSIGNMENT AND SUB-CONTRACTS

27.1 The consultant shall not, without the written consent of the Employer,assign the benefits from the Agreement other than money.

27.2 The consultant shall not assign obligations under the Agreement (to Sub-Consultant / Sub-Contractors) without the written consent of the Employer.

27.3 The consultant shall not without the written consent of the Employer, assignor terminate any personnel or sub-contractor for performance of all or partof the Services.

28 SUPPLY OF CLIENT’S PERSONNEL

28.1 In consultation with the consultant, the Client may provide personnel in hisemployment to the consultant, when necessity arises. The deployment ofthe Client’s personnel shall be subject to the acceptance of the consultantand such acceptance shall not be unreasonably withheld.

28.2 The Client’s personnel so deployed shall take instructions only from theconsultant till they have been reverted to their services with the Client afterwritten communication to this effect.



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29 PERFORMANCE GUARANTEE

29.1 As stated in the ‘Contract form-Appendix-1 and Instruction to Bidder’ theconsultant shall provide the Employer with a Performance Guarantee inthe form of Bank Guarantee provided by a Indian branch of Public SectorUndertaking (PSU) Bank based in India payable at chennai that isacceptable to the Employer. The Performance Guarantee shall remain validup to 24 months after the issue of the completion certificate.

29.2 The Employer reserves the right to forfeit the performance guaranteeamount, in the event of termination of the contract arising due to the breachof the contract by the consultant.

29.3 In the event of any defect coming to the notice of the Employer within theperiod of 24 months from ‘the issue of completion certificate’ as mentionedin clause 8.3 above and in the eventuality of the consultant failing to rectifythe same, the amount for performance guarantee will forfeited.

30 CHANGE IN PERSONNEL

30.1 If it is necessary to replace any person of consultant, the latter shallimmediately get the approval of the Employer to arrange for replacement bya person of comparable competence.

30.2 If the Employer is dissatisfied with the services rendered by any Personnel,Consultant shall promptly recommend a substitute person. Consultant shallbear, at its own expense.

31 CHANGE IN CONSTITUTION

Consultant shall promptly obtain the approval of the employer for any changes inthe constitution of the consultant. It shall be open for the Employer to terminatethe Agreement upon death, retirement, insanity or insolvency of any personbeing the proprietor/partner in the consultant, or on the addition or introduction ofa new partner managing the Project for the consultant without the previousapproval in writing of the Employer.

But in absence of and until its termination by the Employer as aforesaid, thisAgreement shall be in full force and effect, notwithstanding any changes in theconstitution of the firm by death, retirement, insanity or insolvency of any of itsproprietors/partners or addition or introduction of any new partners. In case ofdeath or retirement, the surviving or remaining partners of the firm shall be jointlyand severally liable for the due and satisfactory performance of all terms and



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conditions of the Agreement, and likewise on the addition of a new partner, thelatter will also become jointly and severally liable.

32 QUALITY ASSURANCE

A manual shall be developed for the Employer by the consultant pursuant to thisAgreement setting forth the basic requirements for quality assurance and qualitycontrol to be followed for the design and construction of the Project.

a) Quality Assurance Plan (QAP)/Inception Report

The Consultant should have a detailed Quality Assurance Plan(QAP)/Inception Report (IR) for all field studies including topographic surveys,engineering surveys and investigations and design and documentationactivities. The quality assurance plans and procedures for field studies,engineering surveys and investigations, design and documentation activitiesshould be presented in separate sections like engineering surveys andinvestigations, sub-soil investigations, investigation and design of structures,drawings and documentation, preparation, checking, approval and filing ofcalculations, identification and traceability of project documents etc. Further,additional information shall be furnished regarding the details of personnel whoshall be responsible for carrying out/preparing and checking/verifying thevarious activities of project preparation and implementation. The draft QAPdocument must be discussed with the Employer/ Employer’s representativeupon the award of the Contract and finalised and submitted within 15 daysfrom the commencement of the Services.

It is imperative that the QAP is approved in principle by the Employer beforethe Consultant starts the field work.

33 PROFESSIONAL INDEMNITY INSURANCE (PII)

The consultant shall effect and maintain Professional Indemnity Insurance for theamount in Indian Rupees equal to the contract value payable to consultant,withunlimited number of incidents in respect of design and services to be carried outby, or on behalf of consultant valid from the date of commencement till 2 yearsafter the date of issue of completion certificate as mentioned in clause 8.3above, to the consultant.

The consultant shall produce evidence of coverage of the Professional IndemnityInsurance before any payment is released. The insurance which shall ensure theconsultant’s liability by reason of professional negligence and errors in thedesign of the works shall be valid from the date of commencement of works. TheEmployer will not issue final payment certificate until the consultant has



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produced evidence that coverage of Professional Indemnity Insurance has beenprovided for the aforesaid period.

The Employer reserves the right to request for additional cover to meet anyspecific additional liability and consultant shall insure or increase any otherinsurance required by the Client.

34 PRIORITY OF DOCUMENTS

The documents forming the Contract are to be taken as mutually explanatory ofone another. If there is an ambiguity or discrepancy in the documents, theEmployer shall issue any necessary clarification or instruction to the consultant,which shall be binding on the consultant; and the priority of the documents shallbe as follows:

(i) The Contract Agreement(ii) The Letter of Acceptance(iii) Letter of clarifications, Addenda and corrigendum, if any;(iv) Notice inviting Tender(v) Instruction to Bidders;(vi) Terms of Reference;(vii) The Payment Schedules;(viii) The General Conditions of Contract;(ix) The Contractor’s Proposal; and(x) Any other document forming part of the Contract.

35 MODIFICATIONS AND VARIATIONS

35.1 The Contract can be modified including modification in Contract Amountand Scope, in writing by employer. In the event of any additional services tobe performed by consultant, the consultant shall obtain prior writtenapproval from the Employer, on the time and cost involved in performanceof the additional services.

35.2 The agreement scope may be subject to variations including omissions,alterations and additions. If a variation to the scope of works results in achange in the agreement value (positive or negative changes), the financialimplications will be calculated by the consultant, subjected to theacceptance by the Employer using the original project specification, pricecenter and scope of works as a basis.



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35.3 If the Employer requests for variation, consultant has to submit theproposal. consultant may be entitled for extension of time or additionalpayments on the basis of merits of the proposal in accordance withdetermination by Employer in this regard.

36 COPYRIGHT

The copyright (including future copyright) of all documents and drawingsprepared by the consultant, including each and every stage of design andproduction thereof, in performance of the Services under the Agreement shall bevested with the Employer. All Design Documents prepared by the DesignConsultant and its Sub contractors, the designs depicted in them, and anypresentation materials, shall become, upon their creation, the property of CMRLwhether the Project for which they are made is executed or not. Withoutlimitation to the foregoing, CMRL shall hold, and Design Consultant shall bedeemed to have been irrevocably assigned to CMRL in perpetuity with noreserved or retained rights in any other persons or entities, all copyrights or otherintellectual property rights relating to the Design Documents.

37 CONSULTANT’S WARRANTY OF DESIGN

37.1 The Consultant shall be fully responsible for the suitability, adequacy,integrity, durability and practicality of the consultant’s proposal.

37.2 The Consultant warrants that the Consultant’s Proposals meet theEmployer’s Requirements and is fit for the purpose thereof. Where there isany inadequacy, insufficiency, impracticality or unsuitability in or of theEmployer ’s Requirements or any part thereof, the Consultant’s Proposalshall take into account, address or rectify such inadequacy, insufficiency,impracticality or unsuitability at their own cost.

37.3 The Consultant warrants that the Works have been or will be designed tothe highest standards available using proven up-to-date good practice.

37.4 Design Consultant is responsible for the safety of the design of the Projectand for the interpretation of and any necessary amplification of theDrawings and Specifications prepared by it or its Sub consultants for thepurpose of implementation of the Project.



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37.5 The Consultant shall indemnify the Employer against any damage,expense, liability, loss or claim which the Employer might incur, sustain orbe subject to arising from any breach of the Consultant’s designresponsibility, any claim related to intellectual property rights and/orwarranty set out in this Clause.

37.6 The consultant further is deemed to have checked and accepted fullresponsibility for ‘the Consultant’s Proposal’ and warrants absolutely thatthe same meets the Employer ’s Requirements:

(i) Notwithstanding that such design may be or have been prepared,developed or issued by the Employer , any of Consultant’s consultants,his sub Consultants and/ or his qualified personnel/ persons or cause tobe prepared developed or issued by others.

(ii) Notwithstanding any warranties, guaranties and/or indemnities that maybe or may have been submitted by any other person.

(iii) Notwithstanding that the same have been accepted by the Employer’sRepresentative.

37.7 The consultant shall be fully responsible for the drawings, designs etc. &preparing developing and coordinating all design works to enable that partof the Works to be constructed and/or to be fully operational in accordancewith the Contract’s requirement.

37.8 The Consultant shall not be relieved from any obligation/liability under thecontract, for any delay, suspension, impediment to or adverse effect uponthe progress of the Works due tomistake, inaccuracy, discrepancy oromission in or between the consultant’s the Definitive Design and the finaldesign, or any failure by the Consultant to prepare any DesignData/Drawings or submit the same to the Employer in due time and theConsultant shall promptly make good any such defect at his own cost. Theconsultant shall not be entitled to any additional payment or extension oftime in such cases.

38 PAYMENT TO THE CONSULTANT

38.1 On issue of LOA within 30 days the details of breakup of activities for thelump-sum payment with weightage of payments should be submitted toCMRL for approval. The Employer shall pay the Lump Sum Price (whichshall cover the sum total of all costs quoted by the Consultant as set out inContract) to the consultant as Interim Payment Application (IPA) onmonthly basis for the performance of services. The consultant shall raise



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IPA every month. The payment shall be based on payment schedules asdescribed in Section 6 (Financial Packages) of tender documents. Servicetax will be paid extra as applicable on submission of documentary proof ofactual payment made by the consultant.

38.2 Mobilization Advance:

The consultant shall be eligible for Mobilization Advance up to 5% of theoriginal contract value in two equal installments on receipt of an irrevocablebank guarantee from a PSU Bank in India payable at Chennai of thetenderer’s choice. The advance shall bear an interest of 13%. The firstinstallment shall be paid within 30 days after the submission of the bankguarantee. The second installment shall be paid after satisfactory utilizationof the first installment of the advance has been confirmed by the Employer.The bank guarantee shall be in an amount in Indian rupees and equal to110% of the requested Advance amount in the format provided in the ITB.The bank guarantee shall become null and void when the full amount forthe advance payment has been recovered by the Employer.

38.3 Recovery of Advances:

The recovery of advances shall commence after 20% of the originalcontract value of the work has been paid and will be recovered within 20months or completion of 85% of the work whichever is earlier, in successivemonthly payments at the rate of 5% of the IPC.

38.4 In consideration of the Consultant duly and properly providing theConsultancy Services in accordance with this Contract, the Consultant willbe paid the contract price as consultancy fees set out in the Letter ofAcceptance. Without limitation, any debt due or other moneys recoverableby the Employer from the Consultant may be deducted or set off from anymoneys due or to become due to the Consultant under this Contract. Noadditional fees shall be payable to complete the Consultancy Servicesunless agreed to in writing between the parties to the Contract. Theconsultant shall not receive any remuneration in connection with thisassignment except as provided in the contract.

38.5 Retention Money:

Retention money of 2.5% of the Interim Payment Certificates shall be heldby the Employer without obligation to invest them or account for interestthereon or to place them in a designated account. After the issue of thePerformance Certificate, all of the retention money shall become due to the



18

consultant, notwithstanding that at the time there may be outstandingclaims by the consultant against the Employer. Provided that if at that timethere remains to be carried out by the consultant any outstanding work, theEmployer may withhold payment until the completion of such work orhowever much of the retention as shall in the opinion of the Employer,represent the expense to the Employer of the work remaining to beexecuted.

38.6 Interim Payment Application (IPA):

The Consultant may include in an interim payment application any claim forexpenses described in the Pricing Schedule, once those expenses havebeen incurred by the Consultant with relevant documentation for verifyingthe claims. The Employer shall reimburse the Consultant for such expensesvide Interim Payment Certificates (IPC) in accordance with the contract.

38.7 The consultant will not be entitled to make any claim for payment in respectof any part of or all of the Consultancy Services on Interim PaymentApplication by the consultant, until the Employer/Employer’s has certifiedthat the relevant Consultancy Services have been performed in accordancewith the Contract.

38.8 Each payment claim must include not limited to the following details:

(i) A full description of the Consultancy Services performed by theConsultant during the Claim Period;

(ii) The Consultant’s calculation of the fees payable to the Consultant bythe employer for Consultancy Services provided during the ClaimPeriod;

(iii) Relevant records (including manning details) for calculating the amountof the fees payable for the Claim Period;

(iv) Any adjustments to the fees properly due and payable to theConsultant in the Claim Period;

(v) Evidence to the satisfaction of the employer that all workers andsubcontractors engaged in performing the Consultancy Services havebeen paid all amounts due and owing to them; and

(vi) Documents including tax invoice for reimbursement of Service tax(actual) as per provisions of the contract.

38.9 Neither the issue of a payment certificate or payment of moneys shall beevidence of the value of work or an admission of liability or evidence that



19

work has been executed satisfactorily but shall be payment on accountonly.

39 TIME FOR PAYMENT

The amount due to the consultant, as approved by the Employer, shall be paidwithin 45 days from the date of submission of the Interim Payment Application(IPA), subject to submission of all necessary documentary evidence for theclaims. The Employer shall release payment, for all certified items in the IPAwithin 45 days from the date of approval. Consultant shall provide additionaldocuments for substantiating their claims, if requested by the Employer fordisputed items/ claims.

40 CURRENCY OF PAYMENT

Interim payments will be certified and paid in accordance with the provisions ofthe contract in the currency shown in the Pricing Document.

41 DISPUTED INVOICES

41.1 If any item or part of an item in an Interim Payment Application submittedby the consultant is contested by the Employer, then the Employer shallgive a prompt notice with reasons and shall not delay payment on thebalance of the invoice.

41.2 Maximum amount withheld on account of disputed item in any invoice shallnot exceed 100% of the value of the disputed item.

41.3 The Consultant shall promptly perform again any Consultancy Service oritem thereof certified as not being in accordance with the Contract, withoutraising additional claims to the Employer.

41.4 The Consultant will not be entitled to make any claim for payment inrelation to such services disputed in any invoice until the Employer hascertified that the re-performed services are in accordance with the Contract.

42 AUDIT REQUIREMENTS

The Employer reserves the right to carry out a audits and/or examination of thebooks, and the account, including all supporting vouchers, abstracts, etc., and tomake a claim on the consultant for the refund of any excess amount paid to him,if as a result of such examination, any over-payment to him is discovered to havebeen made in respect of any work done or alleged to have been done by theContractor, under the Contract. If any under-payment is discovered, the same



20

shall be paid by the Employer to the consultant. Such payments or recoveries,however, shall not be subject to any interest.

The consultant shall provide full and timely access for such Audit by theEmployer, including inspection of records and documentation. Such access shallinclude direct access to the work areas, storage facilities, consultant's projectoffices, and similar areas and facilities where any work is being conducted forthis project.

43 TAX DEDUCTION AT SOURCE

Deduction towards Income Tax, and any other tax, may be made at source fromeach payment made by the Employer, as may be directed by Income TaxDepartment and other statutory bodies or as provided in statute, relevant acts,rules, circulars and directions issued there under. Such deductions shall becommunicated as part of the Interim Payment Certificate issued by theEmployer.

44 CLAIMS FOR LOSS OR DAMAGE

Subject to Clauses21, any claim for loss or damage arising out of breach ortermination of the Agreement may be settled by mutual consultation between theEmployer and the consultant, failing which the same shall be referred to disputeresolution in accordance with Clause 55.

Except in the event of the Employer’s failure to make undisputed payment of theCompensation due to consultant, notwithstanding any disputes betweenEmployer and consultant hereunder or in connection with the Project, theconsultant and the Employer shall each continue to perform their respectiveobligations hereunder; including the obligation of the consultant to continue toprovide and perform services hereunder pending a subsequent resolution ofsuch disputes.

45 EMPLOYER’S CLAIM

If the Employer considers himself to be entitled to any payment under anyClause of these Conditions or otherwise in connection with the Contract, and/orto any extension of the Duration of Liability, the Employer shall give notice andparticulars to the consultant. The particulars shall specify the Clause or otherbasis of the claim, and shall include details of the amount and/ or extension towhich the Employer considers him-self to be entitled in connection with thecontract. Consultant shall respond to the notice within 21 days failing which theEmployer’s claim shall be final and binding on the consultant and construed tobe settled.



21

46 LIMIT OF EMPLOYER’S LIABILITY

The Client shall have no liability in respect of any claim made or any award ofcompensation in respect of redundancy or unfair or wrongful dismissal to anyemployee of the Consultant in respect of his or her service with the Consultant orarising from the operation of the Client's policies/security measures.

47 FORCE MAJEURE

47.1 If, at any time during the currency of the Contract, the performance in wholeor in part by either party of any obligation under this Contract shall beprevented or delayed by reason of any war, hostilities, invasion, acts ofpublic or foreign enemies, rebellion, revolution, insurrection, civilcommotion, sabotage, large scale arson, earthquake, nuclear accidents,any other catastrophic circumstances or acts of God (hereinafter referred toas “event”) then, provided notice of the happening of such an event is givenby either party to the other within 14 days of the occurrence thereof :

(i) Neither party shall by reason of such event be entitled to terminate theContract or have claim for damages against the other in respect of suchnon-performance or delay in performance.

(ii) The obligations under the Contract shall be resumed as soon aspracticable after the event has come to an end or ceased to exit.

(iii) If the performance in whole or part of any obligation under the Contractis prevented or delayed by reason of the event beyond a period of 90days, either party may as its option give request for Reimbursement orExtension of Time under the provisions of the contract.

47.2 If neither party issues notice regarding the event within 14 days of itsoccurrence, the said event shall be deemed not to have occurred and theContract will continue to have effect as such.

48 DELAYS AND LIQUIDATED DAMAGES

48.1 Time is the essence of the Contract. It shall be the bounden duty of theconsultant to strictly adhere to the time for performance of various servicesindicated in the Contract.

48.2 In case of delays, the consultant shall be liable to pay liquidated damagesas given in contract.



22

48.3 Liquidated damages shall be imposed as per the provisions of Contract.

48.4 The maximum limit of Liquidated Damages shall be 10% of the Fixed LumpSum Price of the Contract.

49 EXTENSION OF TIME

The Consultant shall be entitled to an adjustment to the Project Schedule forunavoidable Delays that are:

(i) beyond the Consultant's control or its responsibility under thisAgreement and/or

(ii) not caused by the fault, negligence or violation of a provision of thisAgreement by Consultant or its Sub consultants;

(iii) provided, however, that as a condition precedent to its right to anadjustment of a Project Schedule, Consultant shall have given writtennotice to the Employer of the circumstances of such delay within Thirty(30) Days after such circumstances were first observed by Consultantor its Sub consultants. Employer decision on this regard shall be finaland binding.

Failure to provide such written notice may result in a waiver by DesignConsultant of any right to an adjustment to that Project Schedule/Payments onaccount of such circumstances.

Any claim for adjustment in the Contract Price during the Extended ContractPeriod will only be considered if supported by valid relevant appropriate rates asagreed between the Client and the Consultant, for the period in question.

50 ISSUE OF NOTICE

The Notice shall be given as soon as practicable after the Employer/consultantbecame aware of the event or circumstances giving rise to the claim. A noticerelating to any extension of the Duration of Liability shall be given before theexpiry of such period.

51 RIGHTS AND LIABILITIES OF THE PARTIES

The Client has the right to notify the Consultant that it wishes to modify itsrequirements in relation to the Project.



23

Should a party be deemed liable to the other party, by way of indemnity or byreason of breach of contract or otherwise, the Consultant’s liability shall inaggregate not exceeding the price of the contract value.

No dispute arising gives either Party the right to suspend their obligations underthe terms of this Agreement.

All parties that form part of the consultant shall be jointly and severally liable tothe Employer and/or third parties for the execution of the contract.

52 ABANDONEMENT AND SUSPENSION

Should any event occur which prevents the performance of the Services (inwhole or in part) required under this Agreement, then those Services will besuspended until such time that it becomes practicable to recommence theServices.

In the event that there is a reasonable likelihood that the Services are not able tobe recommenced, then this Agreement may be terminated by the Employer.

53 CONSEQUENCES OF SUSPENSION

In circumstances where the Services or part of the Services have to besuspended or delayed, the Consultant will be allowed extra time to complete theServices and such extra time should be reasonable in the circumstances. Forevents of delay on account of the consultant, all costs for the extended periodand consequential impact on other services including defect liability period,duration of liability, etc., shall be borne by the consultant.

In the event that the suspension continues for more than 6 months, then thisAgreement may be terminated by the Consultant after issuing Notice to theEmployer.

54 TERMINATION

The Employer shall notify by issuing notice to correct (NTC) to the consultantwhen certain breach of terms likes delay, slow progress, etc. are foreseen. Theconsultant shall respond to the NTC within 14 days by stating corrective actionsto be taken to address the same failing which the Employer may terminate byissuing a 14 days’ notice of termination.

The merits of the corrective actions against NTC shall be reviewed by theEmployer. The consultant shall within 28 days show significant and verifiableeffort to correct its performance and provide concrete evidence to the employer



24

of consultant’s willingness and ability to execute the services under this contract.If consultant fails to achieve the above the Employer reserves the right toterminate by issuing a notice of termination.

54.1 Termination by Employer

The Employer shall be entitled to terminate the contract at any time ifthe consultant:

(i) Fails to comply with any of the contractual requirements;(ii) Abandons work;(iii) Fails to proceed with work in accordance with the provisions of

the contract;(iv) Become bankrupt or insolvent;(v) Commits fraud or tries to obtain undue advantage;(vi) Failure to adhere to key dates.

On termination, the consultant will be paid in accordance with theprovisions of the contract for works executed till the date of issue ofNotice of termination, provided that official documents are submittedas proof. Upon termination consultant should handover all the design,drawings and documents to the employer.

The Employer reserves the right to execute the balance works by anymeans whatsoever at the risk and cost of the terminated consultant.

54.2 Termination by the consultant

The consultant is entitled to terminate the contract 45 days after issue ofNotice under the following conditions:

(i) Prolonged suspension of work without due compensation being paid asmutually agreed;

(ii) When the Employer becomes bankrupt / insolvent.

(iii) Delay of 56 days occurred after the specified period for payment due inaccordance with contract except for disputed items in any Invoice/IPC.

55 ADJUDICATION AND ARBITRATION

55.1 Adjudication



25

(i) If any dispute between consultant and Employer is not resolved throughAmicable Settlement, either party to this contract ("the Referring Party")may at any time give notice ("the Notice") in writing to the other party ofits intention to refer a dispute arising under the contract to adjudication.

(ii) The sole member of the Dispute Adjudication Board shall be nominatedby the Managing Director of CMRL and he shall not be lower than DGMof CMRL and who has not dealt with this contract. The remuneration forthe Adjudicator shall be shared by both parties.

(iii) The adjudicator shall reach a decision within 60 days of referral or suchlonger period as is agreed between the parties after the dispute hasbeen referred.

(iv) The adjudicator shall act impartially. The adjudicator may take theinitiative in ascertaining the facts based on the contractual provisions.For this purpose, the adjudicator may, in addition to documents alreadysubmitted as part of particulars, call upon additional documents fromeither party.

(v) The party which is not satisfied with the adjudication award may applyfor arbitration within one month, failing which the decision of theadjudicator shall be final.

55.2 Arbitration

If the efforts to resolve all or any of the disputes through adjudication fail,then such disputes shall be referred within 30 days to Arbitration inaccordance with the following provisions:

(i) Matters to be arbitrated upon shall be referred to a sole Arbitratorwhere the total value of claims does not exceed Rs. 5 millions. Beyondthat claim limit of Rs. 5 millions, there shall be three arbitrators.

(ii) For those disputes to be decided by sole Arbitrator, the Employer shallsend a panel of three serving/retired officers not less than the rank ofGM of CMRL, out of which the consultant shall choose one, who will beappointed as sole arbitrator.

(iii) For those disputes to be decided by a panel of three Arbitrators, theEmployer shall send a panel of five serving/retired officers not less thanthe rank of GM of CMRL. The consultant and the Employer shallchoose one arbitrator each and the two so chosen shall choose the



26

third arbitrator from the said panel, who shall act as the presidingArbitrator of the Arbitration Panel.

(iv) If in a dispute, the consultant fails to select the arbitrator within thirty(30) days after the Employer has furnished the panel, the MD,CMRLmay nominate an arbitrator from the panel of arbitrators, for thatdispute.

(v) The two chosen arbitrators fail to appoint the third arbitrator within 30days after they have been appointed, the Employer or the consultantmay apply to the Managing Director of CMRL, to nominate the thirdarbitrator from the panel, for the matter in dispute.

(vi) The arbitration hearings shall be held in Chennai only. The language ofthe proceedings, that of documents and communications shall beEnglish and the awards shall be made in writing. The arbitrators shallalways give item-wise and reasoned awards in all cases where the totalclaim exceeds Rs. One million.

(vii) On account of adjudication or arbitration proceedings the work shall notbe suspended.

(viii) Rules Governing the Arbitration Proceedings

The arbitration proceedings shall be governed by Indian Arbitration andConciliation Act 1996, as amended up to time of agreement.

(ix) Interest on Arbitration Award

Where the Arbitration Award is for payment of money, no interest shallbe payable on whole or any part of the money for any period, till thedate on which the award is made.

(x) Cost of Arbitration

The Cost of Arbitration shall be borne equally by the respective parties.The cost shall, interalia, include the fees of the arbitrator (s) and otherexpense as per the rates fixed by the Employer from time to time.

Chennai Metro Rail Project-CCS-01-RT-01- Central Square Contract forms

SECTION 7- Contract forms 1 APRIL 2016

APPENDIX-1

[REQUIREMENTS UNDER CONDITIONS OF CONTRACT SECTION-7]

S.No Description Ref To ClauseNo.

Requirement

i Amount of Tendersecurity

Item No. 2 ofNIT

Rs. 15,58,000 (Rupees Fifteen lakhs FiftyEight Thousand only), validity:236 days.

ii Amount ofPerformanceGuarantee

29 of GCC 7.5% of the Contract Price in currencies inwhich the contract price is payable. In theevent of variations during the execution ofthe contract which result in payments to theConsultant over and above the contractprice, the Performance Guarantee shall besuitably adjusted.

iii ‘Date ofcommencement’ ofthe Works

Clause 8 of theGCC

Date of issue of letter of Acceptance (LOA)or any such date of commencement of theworks will be mentioned in the LOA

iv ‘Time forcompletion’ of thework from the dateof commencementof the work

Clause8.2 and8.3 of the GCC

36 months.

v LiquidatedDamages

Clause 48 ofthe GCC

For any delay in any of the activities to becompleted beyond the Key Date giventhereof shall attract a Liquidated Damageper day or part there of as per Section 6.The maximum limit of Liquidated Damagesshall be 10% of the Fixed Lump Sum Priceof the Contract.

vi ‘Duration ofLiability’ for thewhole of the Works

Clause 18of GCC

24 months after the date of issue ofCompletion Certificate for the Whole of thedesign Works

vii Amount ofProfessionalIndemnityInsurance (PII)

Clause 33 ofGCC

The Consultant shall effect and maintainProfessional Indemnity Insurance for theamount in India Rupees equal to thecontract value payable to consultant inrespect of design to be carried out by, or onbehalf of them.

viii Period in which allinsurances have tobe affected

Clause 33 ofGCC

Within 4 weeks from the “date ofcommencement”

ix Contract KeyDates

FinancialPackage ofSection -6

Date determined based on period given in‘Key Dates’

x Consultant’s Nameand Address

(Tenderer shall furnish the details)



S.No Description Ref To ClauseNo.

Requirement

xi Employer’s Nameand Address

Chief general Manager (UG-Construction)Chennai Metro Rail LimitedAdministrative Building,CMRL Depot,Poonamallee High Road,Koyambedu, Chennai – 600107.India

Date : ........................

Signature of authorized signatory of Tenderer

Place: ..........................



APPENDIX-2

FORM OF BANK GUARANTEE FOR TENDER SECURITY

(To be stamped in accordance with Stamp Act, if any, of the country of issuing bank)

1. KNOW ALL MEN by these presents that we ………………………………….…... (Nameof Bank) having our registered office at ……………………… (Name of country)(hereinafter called “the Bank”) are bound unto Chennai Metro Rail Limited (hereinaftercalled “the Employer”) in the sum of `. …………….. For which payment will and truly tobe made to the said Employer, the Bank binds itself, its successors and assigns bythese presents.

2. WHEREAS…………………………(Name of Tenderer) (hereinafter called “theTenderer”) has submitted its tender dated_________for ………….. (Name of the workas per clause 1.1of NIT) hereinafter called the Tender.

AND WHEREAS the Tenderer is required to furnish a Bank Guarantee for the sum of…………………. as Tender Security against the Tenderer’s offer as aforesaid.

AND WHEREAS…………………………… Name of Bank) have, at the request of theTenderer, agreed to give this guarantee as hereinafter contained.

3. We further agree as follows:

(a)That the Employer may without affecting this guarantee grant time or otherindulgence to or negotiate further with the Tenderer in regard to the conditionscontained in the said tender and thereby modify these conditions or add thereto anyfurther conditions as may be mutually agreed upon between the Employer and theTenderer.

(b)That the guarantee hereinbefore contained shall not be affected by any change inthe constitution of our Bank or in the constitution of the Tenderer.

(c)That any account settled between the Employer and the Tenderer shall beconclusive evidence against us of the amount due hereunder and shall not bequestioned by us.

(d)That this Guarantee commences from the date hereof and shall remain in force till…………………. (date to be filled up) (up to 236 days after the due date of tendersubmission).

(e)That the expression ‘the Tenderer’ and ‘the Bank’ herein used shall, unless such aninterpretation is repugnant to the subject or context, include their respectivesuccessors and assigns.

4. THE CONDITIONS OF THIS OBLIGATION ARE:

(a) if the Tenderer withdraws his Tender during the period of Tender validity specifiedin the Notice Inviting Tender, or



(b) if the Tenderer does not accept the correction of his tender price in terms ofClause 12.2 & Clause 13.6.2 (Correction of Errors) of the “Instructions to Bidders”.

i. if the Tenderer having been notified of the acceptance of his tender by theEmployer during the period of tender validity :

ii. fails or refuses to furnish the Performance Security in accordance with Clause29 (Performance Guarantee) of the “General Conditions of contract” and/or

iii. fails or refuses to enter into a Contract within the time limit specified in Clause15 (Award of Contract and Signing of Agreement)of the “Instructions toBidders”.

“We (Name and Address of Bank) undertake to pay to the Employer without demurup to the above amount upon receipt of his first written demand, without theEmployer having to substantiate his demand provided that in his demand theEmployer will note that the amount claimed by him is due to him owing to theoccurrence of any one or more of the conditions mentioned above, specifying theoccurred condition or conditions”

Signature ofAuthorized Official of the Bank

Signature of Witness

Name :………..………………………..……

Address :…………………………….…..…….

Name of Official……………………..

Designation…………………………..

Stamp/Sealof the Bank

………………………



APPENDIX – 3

FORM OF BANK GUARANTEE FOR PERFORMANCE GUARANTEE

(Reference Clause 29 of GCC)

(To be stamped in accordance with the Stamp Act of the country of Issuing Bank)

To

CHENNAI METRO RAIL PROJECT,

WHEREAS .............(Name of CONSULTANT) ........................the Consortium / JointVenture consisting of

1. (Name of Lead Member of the Group and address)

2. (Name of Member of the Group and address)

3. (Name of Member of the Group and address)

(hereinafter called “the Consultant”), with M/s..............................as the lead memberhas undertaken, in pursuance of (NIT No. CMRL/CON/CCS-01-RT-01/2016)CONTRACT NO. CCS-01-RT-01,CONSULTANCY SERVICES FOR DESIGN WORKSOF THE CIVIL, ARCHITECTURAL, LANDSCAPING & MEPWORKS, DESIGNDEVELOPMENT, PROCUREMENT OF CONSTRUCTION CONTRACTS,CONSTRUCTION QUALITY AND SAFETY MANAGEMENT FOR CENTRAL SQUARE,CHENNAI

AND WHEREAS it has been stipulated by you in the said Contract that the Consultantshall furnish you with a Bank Guarantee by a recognised bank for the sum specifiedherein as security for compliance with his obligations in accordance with the contract inlieu of cash deposits held by you for such compliance with his obligations in accordancewith the contract in lieu of cash deposits held by you for such compliance ofobligation/performance Guarantee.

AND WHEREAS we have agreed to give the Consultant such as Bank Guarantee:

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you,on behalf of the consultant up to a total of .................(amount ofGuarantee).......................(in words), such sum being payable in Indian Rupees, and wehereby unconditionally, irrevocably and without demur undertake to immediately pay you,upon first written demand and without cavil or argument any sum or sums within the limits



of ...........(amount of guarantee) as aforesaid without your needing to prove or to showgrounds or reasons for your demand for the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the Consultantbefore presenting us with the demand.

We further agree that no change or addition to or other modification of the terms of thecontract or of the Works to be performed there under or of any of the contract documentswhich may be made between you and the consultant shall in any way release us from anyliability under the guarantee and we hereby waive notice of any such change, addition ormodification.

This guarantee shall remain valid up to 24 months after ‘the date of completion asmentioned in the completion certificate’ OR ‘on the date on which all services andfacilities are complete to the entire satisfaction of the Employer’; whichever is later i.e upto ------------------------------- (as per the present construction schedule) and shall be suitablyextended if the commissioning of the project is delayed for whatsoever reason. Thependency of any dispute or arbitration or other proceedings shall not affect this Guaranteein any manner.

SIGNATURE AND SEAL OF THE GUARANTOR

NAME OF BANK -----------------------

ADDRESS-----------------------------------------

DATE-------------------------------

Notes:

1. The stamp papers of appropriate value shall be purchased in the name of the Bank,who issues the Bank Guarantee’.



APPENDIX – 4

FORM OF AGREEMENT

AGREEMENT FOR CONTRACT NO. CONTRACT NO. CCS-01-RT-01“CONSULTANCY SERVICES FOR DESIGN WORKS OF THE CIVIL,ARCHITECTURAL, LANDSCAPING & MEPWORKS, DESIGN DEVELOPMENT,PROCUREMENT OF CONSTRUCTION CONTRACTS, CONSTRUCTION QUALITYAND SAFETY MANAGEMENT FOR CENTRAL SQUARE, CHENNAI (NIT No.CMRL/CON/CCS-01-RT-01/2016)”.

BETWEEN

CHENNAI METRO RAIL LIMITED – CHENNAI 600 107AND

...........................................................................................ON .............DAY OF .......................

R. RamanathanDirector (Projects),Chennai Metro Rail LimitedChennai – 600 107.

Authorized RepresentativeOn behalf of.........................................................................

CONTRACT AGREEMENT

This CONTRACT AGREEMENT is made at Chennai on this day of ....................... by and

between:

Chennai Metro Rail Limited, a Company incorporated under the Companies Act 1956

(No.1 of 1956) and having its principal place of business at Administrative Building, CMRLDepot, Poonamallee High Road, Koyambedu, Chennai – 600107, Tamil Nadu, Indiahereinafter referred to as the “CMRL” or the “The Employer”, as the case may be, of the

one part,

And;

M/s ............................................................................., comprising of :

(1) M/s ............................................, a joint stock company with an executive board and

a supervisory board, organized under the laws of

...............................................................................

and



(2) ............................................. a company registered and existing under the

Companies Act 1956 (No.1 of 1956) with registered office located at

................................................................................

Hereinafter called as “the CONSULTANT” or “the Consultant” on the other part, each of

which is jointly and severally liable to the Employer for all the Consultant’s obligations under

this contract and ................................ authorised to sign and bind the company, under the

Board resolution for ..........................................& Power of Attorney for

................................................

The term “Employer” and Consultant” or “the CONSULTANT” wherever occurs would mean

their respective administrators, executors and successors in perpetuity.

WHEREAS the Consultant has established a Consortium in accordance with Indian law andoffered a tender for the “NIT No. CMRL/CON/CCS-01-RT-01/2016-CONSULTANCYSERVICES FOR DESIGN WORKS OF THE CIVIL, ARCHITECTURAL, LANDSCAPING& MEPWORKS, DESIGN DEVELOPMENT, PROCUREMENT OF CONSTRUCTIONCONTRACTS, CONSTRUCTION QUALITY AND SAFETY MANAGEMENT FORCENTRAL SQUARE, CHENNAI”.

” as mentioned in contract documents and agrees to undertake performance of such works

(as well as a Guarantee of such works) thereof under the terms and conditions set forth in

this contract and remedying of defects therein.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:-1. In this Agreement words and expression shall have the same meanings as are

respectively assigned to them in the Conditions of Contract hereinafter referred to.

2. The following documents shall be deemed to form and be read and construed as part ofthis Agreement and the order of priority of the documents shall be as follows:

(a) The Contract Agreement, (CA)

(b) Acceptance letter by ............................

(c) Letter of Acceptance (LOA), .

(d) Letter of clarifications (letter nos)

i. .

ii. .

(e) Addendum/Corrigendum,

(f) Contract Documents including:

Section 1: NIT & Letter of InvitationSection 2: Instruction to bidderSection 3: Terms of reference.Section 4: Evaluation and Qualification Criteria



Section 5: Technical Bidding FormsSection 6: Financial BidSection 7: Conditions of contract & Contract FormsSection 8: Reference Documents.

All of the foregoing documents, together with this Contract Agreement, are referred toherein as the Contract Documents. Also incorporated into these Contract Documents,and made part hereof, are all codes, standards, specifications and similar requirementsthat are referred to therein. In the event of a conflict, ambiguity or discrepancy betweenthe contents of the Contract Documents, the order of precedence shall be according tothe General Conditions of Contract.

3. In consideration of the payment to be made by the Employer to the Consultant as

hereinafter mentioned, the Consultant hereby covenants with the Employer to execute

and complete the Works by ........................... from the date of issue of Letter ofAcceptance dated .......................... and remedy any defects therein in conformity in all

respects with the provisions of the Contract.

4. The Employer hereby covenants to pay the Consultant in consideration of the execution

and completion of the Works and the remedying of defects therein, the Total Contract

Price and value of Services as mentioned herein. This amount is inclusive of all taxes,

duties, levies, cess, insurance, etc., except Service Tax being the sum stated in the

Letter of Acceptance subject to such additions thereto or deductions there from as may

be made under the provisions of the Contract at the times and in the manner prescribed

by the Contract.

5. OBLIGATION OF THE CONSULTANT:The Consultant agrees, subject to the terms and conditions of the Contract Documents,to perform efficiently and faithfully all of the works of design and services “NIT No.CMRL/CON/CCS-01-RT-01/2016-CONSULTANCY SERVICES FOR DESIGN WORKSOF THE CIVIL, ARCHITECTURAL, LANDSCAPING & MEPWORKS, DESIGNDEVELOPMENT, PROCUREMENT OF CONSTRUCTION CONTRACTS,CONSTRUCTION QUALITY AND SAFETY MANAGEMENT FOR CENTRAL SQUARE,CHENNAI”.and other design consultancy services necessary for or incidental to thesuccessful completion of the Works and in carrying out all duties and obligations imposedby the Contract Documents.The Consultant shall ensure full compliance with tax laws and other laws applicable in

India with regard to this Contract and shall be solely responsible for the same. The

Consultant shall submit copies of acknowledgements evidencing filing of returns every

year and shall keep the Employer fully indemnified against liability of tax, interest,

penalty, insurance etc., of the Consultant in respect thereof, which may arise.



6. OBLIGATION OF THE EMPLOYER:

The Employer agrees, subject to the terms and conditions of the Contract Documents, to

pay the Consultant the amount specified, and at the rates and terms and in the manner

set forth in the Contract Documents.

7. VALUE OF SERVICES AND COMPLETION TIME:

The Employer agrees to pay for the total cost of the Works and the Consultant agrees to

accept the sums mentioned below in Indian Rupees, to be the total cost for the Service

carried out by them as part of their obligations, responsibilities and liabilities under and

according to the provisions and obligations imposed on him by the Contract. However

CMRL reserves the right to terminate the contract at its own convenience without

assigning any reasons.

Fixed Lump Sum Price of Rupees ..................................................... subject toadjustment in accordance with the provisions of GCC.The above Lump Sum price include price escalation, all taxes, royalties, duties, fees,

cess, octroi, other levies etc. except Service Tax.

All payments shall be subject to tax deduction at source (TDS) in accordance with the

provisions of the Indian Income Tax Act and any other applicable law.

The Consultant shall complete the Works within Forty Eight (48) months (refer Clause 12

of ITT) from the date of commencement.

8. NOTICES:

All notices called for by the terms of the Contract Documents shall be in writing in theEnglish language and shall be delivered by hand or by registered mail,acknowledgement due, to the parties' addresses given below. All notices shall bedeemed to be duly made when received by the party to whom it is addressed at thefollowing addresses or such other addresses as such party may subsequently notify tothe other:

Employer:

Director (Projects)Chennai Metro Rail LimitedAdministrative Building, CMRL Depot,Poonnamallee High Road,Koyambedu, Chennai – 600107.Tamil Nadu, India

Consultant:



............................................

...........................................

............................................

9. INTEGRATION

The Employer and the Consultant agree that this Contract Agreement, together with theother Contract Documents, expresses all of the agreements, understandings, promises,and covenants of the parties, and that it integrates, combines, and supersedes all priorand contemporaneous negotiations, understandings, and agreements, whether writtenor oral and that no modification or alteration of the Contract Documents shall be valid orbinding on either party, unless expressed in writing and executed with the sameformality as this Contract Agreement, except as may otherwise be specifically providedin the Contract Documents.

10. GOVERNING LAW

This Contract is enforceable and construed under the laws of the Republic of India.

11. LANGUAGE

This Contract Agreement and the other Contract Documents are made in the Englishlanguage.

12. FORCE MAJEURE

(a) If, at any time during the currency of the Contract, the performance in wholeor in part by either party of any obligation under this Contract shall beprevented or delayed by reason of any war, hostilities, invasion, acts ofpublic or foreign enemies, rebellion, revolution, insurrection, civilcommotion, sabotage, large scale arson, floods, earthquake, large scaleepidemics, nuclear accidents, any other catastrophic circumstances or actsof God (hereinafter referred to as “event”) then, provided notice of thehappening of such an event is given by either party to the other within 14days of the occurrence thereof :

i. Neither party shall by reason of such event be entitled to terminate theContract or have claim for damages against the other in respect ofsuch non-performance or delay in performance.

ii. The obligations under the Contract shall be resumed as soon aspracticable after the event has come to an end or ceased to exit.

iii. If the performance in whole or part of any obligation under theContract is prevented or delayed by reason of the event beyond aperiod of 90 days, either party may as its option give request forReimbursement or Extension of Time under the provisions of thecontract.



iv. The cost of rebuilding or replacing for reimbursement shall be donebased on assessment of the documents submitted as proof of thesame else as per rates, which are determined to be fair andreasonable by the Engineer.

(b) If neither party issues notice regarding the event within 14 days of itsoccurrence, the said event shall be deemed not to have occurred and theContract will continue to have effect as such.

13. ADJUDICATION AND ARBITRATION

(a) Adjudication

i. If any dispute between consultant and Employer is not resolvedthrough Amicable Settlement, either party to this contract ("theReferring Party") may at any time give notice ("the Notice") in writingto the other party of its intention to refer a dispute arising under thecontract to adjudication.

ii. The sole member of the Dispute Adjudication Board shall benominated by the Managing Director of CMRL and he shall not belower than DGM of CMRL and who has not dealt with this contract.The remuneration for the Adjudicator shall be shared by both parties.

iii. The adjudicator shall reach a decision within 60 days of referral orsuch longer period as is agreed between the parties after the disputehas been referred.

iv. The adjudicator shall act impartially. The adjudicator may take theinitiative in ascertaining the facts based on the contractual provisions.For this purpose, the adjudicator may, in addition to documentsalready submitted as part of particulars, call upon additionaldocuments from either party.

v. The party which is not satisfied with the adjudication award may applyfor arbitration within one month, failing which the decision of theadjudicator shall be final.

(b) Arbitration

If the efforts to resolve all or any of the disputes through adjudication fail, thensuch disputes shall be referred within 30 days to Arbitration in accordance with thefollowing provisions:

i. Matters to be arbitrated upon shall be referred to a sole Arbitratorwhere the total value of claims does not exceed Rs. 5 millions.Beyond that claim limit of Rs. 5 millions, there shall be threearbitrators.



ii. For those disputes to be decided by sole Arbitrator, the Employer shallsend a panel of three serving/retired officers not less than the rank ofGM of CMRL, out of which the consultant shall choose one, who willbe appointed as sole arbitrator.

iii. For those disputes to be decided by a panel of three Arbitrators, theEmployer shall send a panel of five serving/retired officers not lessthan the rank of GM of CMRL. The consultant and the Employer shallchoose one arbitrator each and the two so chosen shall choose thethird arbitrator from the said panel, who shall act as the presidingArbitrator of the Arbitration Panel.

iv. If in a dispute, the consultant fails to select the arbitrator within thirty(30) days after the Employer has furnished the panel, the MD,CMRLmay nominate an arbitrator from the panel of arbitrators, for thatdispute.

v. The two chosen arbitrators fail to appoint the third arbitrator within 30days after they have been appointed, the Employer or the consultantmay apply to the Managing Director of CMRL, to nominate the thirdarbitrator from the panel, for the matter in dispute.

vi. The arbitration hearings shall be held in Chennai only. The languageof the proceedings, that of documents and communications shall beEnglish and the awards shall be made in writing. The arbitrators shallalways give item-wise and reasoned awards in all cases where thetotal claim exceeds Rs. One million.

vii. On account of adjudication or arbitration proceedings the work shallnot be suspended.

viii. Rules Governing the Arbitration Proceedings

The arbitration proceedings shall be governed by Indian Arbitration andConciliation Act 1996, as amended up to time of agreement.

ix. Interest on Arbitration Award

Where the Arbitration Award is for payment of money, no interest shall bepayable on whole or any part of the money for any period, till the date onwhich the award is made.

x. Cost of Arbitration

The Cost of Arbitration shall be borne equally by the respective parties. Thecost shall, interalia, include the fees of the arbitrator (s) and other expense asper the rates fixed by the Employer from time to time.



14. JURISDICTION OF COURT

The Courts at Chennai shall have the exclusive jurisdiction to try all disputes arising out

of this agreement between the parties.

IN WITNESS WHEREOF the parties hereto have caused their respective Common

Seals to be hereunto affixed / (or have hereunto set their respective hands and seals)

the day and year first above written.

For and on behalf of the Employer

R. RAMANATHAN,

DIRECTOR PROJECTS


CHENNAI – 600 107.

For and on behalf of the Consultant

..................................................

SIGNED, SEALED AND DELIVERED

By the said________________________________________________on behalf of the Employer in the presence of:Witness __________________________Name ____________________________Address_____________________________________________________________

By the said__________________________________________________on behalf of the Consultant in the presence of:Witness ____________________________Name ______________________________Address___________________________________________________________________

Notes: (for preparation of but not for inclusion in the engrossment of the ContractAgreement)

1. If the Consultant comprises a partnership, consortium or joint venture, liability will bejoint and several, and each member thereof must be identified.

2. In the case that the Consultant comprises a single company, this line should bedeleted

entirely, as also should be paragraphs (b) and (c) above.



3. In the case that the Consultant comprises a single company, the word "collectively"should be deleted from this line.

4. Enter the appropriate nature of the Consultant; company, partnership, consortium orjoint-venture as the case may be.

5. Enter the date of the appropriate resolution.6. If the Consultant comprises a partnership, consortium or joint venture, each member

thereof must execute.



APPENDIX - 5

BANK GUARANTEE FOR MOBILISATION ADVANCE

[Reference Clause 38.2 of GCC]

M/s. Chennai Metro Rail Limited,Administrative Building,CMRL (Depot),Poonamallee High Road,Koyambedu, Chennai-600 107

1. This deed of Guarantee made this ----- day of ----- 2016 between ------------------------------(Name of the Bank and address) (hereinafter called the “Bank”) of the one part, andChennai Metro Rail Limited, Administrative Building, CMRL (Depot), Poonamallee HighRoad, Koyambedu, Chennai-600 107 (hereinafter called the “The Employer”) of the otherpart.

2. Whereas Chennai Metro Rail Limited has awarded the______________________(hereinafter called the Contract) to______________________ having its Head office at_________________________________(hereinafter called the Consultant).

3. The Employer has agreed to pay the Consultant a Mobilisation Advance of 5% of theContract value in two instalments totalling the sum of Rs.___________ (Rupees______________Only) payable by the Employer in two equal instalments as aMobilisation advance payment under the Clause 38.2 of the General Conditions ofContract (Mobilisation Advance) of which the above mentioned amount is the fullamount.

4. Now we the Undersigned -------------------------------------------being fully authorized to signand to incur obligations for and on behalf of and in the name of--------------------------------------------------------------------hereby declare that the said Bank will guarantee the Employerthe full amount of ----------------------------------------------------------------------------------------------------------------------------------------as stated above.

5. After the Employer has made a Mobilisation Advance Payment to the Consultant, theBank is engaged to pay the Employer, any amount up to and inclusive of theaforementioned full amount upon written order from the Employer to indemnify theEmployer for any liability of damage resulting from non-recovery from the Consultant ofthe so paid Mobilisation Advance Amount by the Employer, the Bank will deliver themoney required by the Employer immediately on demand without delay and demur andwithout reference to the Consultant and without the necessity of a previous notice or ofjudicial or administrative procedures and without it being necessary to prove to the Bankthe liability or damages resulting from any defects or shortcomings or debts of theConsultant. The Bank shall pay to the Employer any money so demandednotwithstanding any dispute / disputes raised by the Consultant in any suit orproceedings pending before any Court, Tribunal or Arbitrator/s relating thereto and theliability under this guarantee shall be absolute and unequivocal.



6. This Guarantee is valid until-------------------.

7. At any time during the period in which this Guarantee is still valid, if the Employer agreesto grant a time extension to the Consultant, it is understood that the Bank will extend thisGuarantee under the same conditions for the required time on demand by the Employerand at the cost of the Consultant.

8. The Guarantee hereinbefore contained shall not be affected by any change in theConstitution of the Bank or of the Consultant.

9. The neglect or forbearance of the Employer in enforcement of payment of any moneys,the payment whereof is intended to be hereby secured or the giving of time by theEmployer for the payment hereof shall in no way relieve the bank of their liability underthis deed.

10. The expression “The Employer”, “The Bank”, and “The Consultant” hereinbefore usedshall include their respective successors and assigns.

11. Notwithstanding anything contained herein:

a) Our liability under this Bank Guarantee shall not exceed Rs. -----------------------Rupees (---------------------------------------------), and

b) This Bank Guarantee shall be valid up to ---------------------------, and

c) We are liable to pay the Guarantee Amount or part thereof under this BankGuarantee only & only if you serve upon us a written claim or demand on or before ---------------------at ----------------------------------------------------------------------(Name andAddress of the Bank).

In Witness whereof I / We of the Bank have signed and sealed this Guarantee on the ----Day of ------------ 2016 being herewith duly authorized.

For and on behalf of the Bank-------------------------------

Signed, sealed and delivered for and on behalf of the Bank by the above named in thepresence of:

Witness: 1 Witness: 2

Chennai Metro Rail Project-CCS-01-RT-01- Central Square Reference Documents



SECTION 8

REFERENCE DOCUMENTS

APRIL 2016



INDIA





SQUARE, CHENNAI

Section 8 April 2016

CHENNAI METRO RAIL LIMITEDCHENNAI M ETRO RAIL PROJECT



REFERENCE DRAWINGS