Escolar Documentos
Profissional Documentos
Cultura Documentos
DISCLAIMER
The information contained in this Request for Proposal document (“RFP”)
or subsequently provided to Applicants, whether verbally or in
documentary form by or on behalf of MPRDC, is provided to Applicants
on the terms and conditions set out in this RFP and such other terms and
conditions subject to which such information is provided.
Consultancy and MPRDC reserves the right to reject all or any of the
Proposals without assigning any reasons whatsoever.
The Applicant shall bear all its costs associated with or relating to the
preparation and submission of its Proposal including but not limited to
preparation, expenses associated with any demonstrations or presentations
which may be required by MPRDC or any other costs incurred in
connection with or relating to its Proposal. All such costs and expenses
will remain with the Applicant and MPRDC shall not be liable in any
manner whatsoever for the same or for any other costs or other expenses
incurred by an Applicant in preparation for submission of the Proposal,
regardless of the conduct or outcome of the Selection Process.
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 2
RFP for modernization and development of selected Bus Stands in the State of M.P.
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 3
RFP for modernization and development of selected Bus Stands in the State of M.P.
1. PROJECT OUTLINE
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 4
RFP for modernization and development of selected Bus Stands in the State of M.P.
2 INSTRUCTIONS TO APPLICANT
GENERAL
2.1.3 The Applicant shall submit its Proposal in the form and manner
specified in this RFP. The Technical proposal shall be submitted as
per Annexure –1 and the Financial Proposal shall be submitted in
the form at Annexure-6. Upon selection, the Applicant shall be
required to enter into an agreement with MPRDC as specified in
Annexure – 7.
2.2.2 The Applicant shall enclose with its Proposal, certificate(s) from its
Statutory Auditors stating its revenues from professional fees
during the past 3 years ending 31.03.2010.
2.2.4 Any entity which has been barred by the Central / State
Government in India, from participating in any project, and the bar
subsists as on the date of Proposal, would not be eligible to submit a
Proposal.
2.2.5 An Applicant should have, during the last three years, neither failed
to perform on any agreement, as evidenced by imposition of a
penalty by an arbitral or judicial authority or a judicial
pronouncement or arbitration award against the Applicant, nor been
expelled from any project or agreement nor have had any agreement
terminated for breach.
2.3.1 An Applicant shall not have any conflict of interest that may affect
the Selection Process or the Consultancy. Any Applicant found to
have a Conflict of Interest shall be disqualified. In the event of
disqualification, MPRDC shall forfeit and appropriate the Bid
Security towards damages payable to MPRDC for, inter alia, the
time, cost and effort of MPRDC including consideration of such
Applicant’s Proposal, without prejudice to any other right or
remedy that may be available hereunder or otherwise.
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 6
RFP for modernization and development of selected Bus Stands in the State of M.P.
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 7
RFP for modernization and development of selected Bus Stands in the State of M.P.
2.7.2 MPRDC shall not be liable for any omission, mistake or error on
the part of the Applicant in respect of any of the above, relating to
RFP or the Selection Process, including any error or mistake therein
or in any information or data given by MPRDC.
(b) the Applicant does not provide, within the time specified by
MPRDC, the supplemental information sought by MPRDC for
evaluation of the Proposal.
B. DOCUMENTS
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 8
RFP for modernization and development of selected Bus Stands in the State of M.P.
2.10 Clarifications
2.10.1 Applicants requiring any clarification on the RFP may send their
queries to MPRDC in writing before the date mentioned in Clause
1.7. The envelopes shall clearly bear the following identification:
C. SUBMISSION OF PROPOSAL
2.12.2 The Applicant shall prepare one original set of the Documents
comprising the Proposal (together with originals/ copies of
documents required to be submitted along with this RFP) and
clearly marked “ORIGINAL”. In addition, the Applicant shall
submit 1 (one) copy of the Proposal marked “COPY”. In the event
of any discrepancy between the original and the copy, the original
shall prevail.
2.12.3 The Proposal shall be typed and signed by the authorized signatory
of the Applicant who shall initial each page, in blue ink. All the
alterations, omissions, additions, or any other amendments made to
the Proposal shall be initialed by the person(s) signing the Proposal.
The Proposals must be properly signed as detailed below:
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 10
RFP for modernization and development of selected Bus Stands in the State of M.P.
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 11
RFP for modernization and development of selected Bus Stands in the State of M.P.
(A) The two segments are proposed to house the following facilities :
(a) Bus Stand Complex
1. Bus parking space with type of pavements
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 12
RFP for modernization and development of selected Bus Stands in the State of M.P.
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 13
RFP for modernization and development of selected Bus Stands in the State of M.P.
3.4.1 The Consultant shall assess the size of bus stands based on the traffic
survey.
3.4.2 Consultant shall assess the existing facilities with the various
departments in terms of land availability
3.4.3 Consultant shall carry out analysis to assess the daily traffic, traffic
composition and directional distribution which will help in assessing
the intensity of traffic. A seven day traffic survey count will have to
be done for the same.
a. Consultant shall carry out site survey and suitability study for the
earmarked sites.
3.5 Consultant shall prepare module for online ticketing and making each
bus GPS enabled to facilitate tracking their movement.
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 14
RFP for modernization and development of selected Bus Stands in the State of M.P.
The Consultant shall submit 3 copies of traffic reports and of site study
report and seven sets of development plans in hard copy and one soft copy
each in editable format. The cost estimates will be prepared separately and
will be supplied in four hard copies and one soft copy in editable format.
All reports and CDs submitted by the Consultant shall be the property of
MPRDC, without any restrictions or legal constraints. The Consultant will
not have the right to disclose any information pertaining to the project,
without the express written permission of MPRDC. The overall
responsibility for the quality of the assignment including the correctness of
Traffic Survey and develop more plan details shall rest with the Consultant.
The Contract Price shall be a fixed lump sum price inclusive of all taxes, for
the scope of work as outlined in the Terms of Reference. The payment
schedule shall be as follows:
S.No. Mile stones % of Contract
Price
1 Submission of Inception report 10
Note: The inception report shall include the suitability and legal
feasibility of the site for development on PPP basis
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 16
RFP for modernization and development of selected Bus Stands in the State of M.P.
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 17
RFP for modernization and development of selected Bus Stands in the State of M.P.
III. Make detail drawing, layout and maps from the layouts received from
local bodies.
IV. Study the Future Developments proposed in the vicinity of the project
area and its surroundings and assess its impact on the project.
4) Concept design drawing of Bus terminus and associated buildings with
three alternate Design and obtaining from client approval of best use
option:
Consultant is expected to develop the concept plan and further
planning/design of INTERCITY BUS TERMINAL SYSTEM based on
futuristic and modern designs taking into account following broad
parameters:
• design period of 30 years
• interconnectivity between various modes of transport and the
proposed mass transit system
• requirements for bus bays, fuel station and maintenance depot
• facilities and amenities required for passengers
• passenger vehicle parking
• circulation pattern- flow of passengers, buses
• quantum and nature of commercial space
• Idle parking of buses/ cars
• Movement area, exit, entry for buses and connectivity to main road.
The architectural design of the bus terminal shall give it the facet of a
quality/ signature building having an efficient operation of the bus system.
The design of the bus system shall be based on following features:
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 18
RFP for modernization and development of selected Bus Stands in the State of M.P.
5) To carry out the traffic count around each proposed bus terminus
along with traffic ground forecast for buses:
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 20
RFP for modernization and development of selected Bus Stands in the State of M.P.
III. The Consultant shall have to co-ordinate with Local authorities and
attend meetings with Clients, other Govt. Departments, as and when
required, including meeting with the contractors.
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 21
RFP for modernization and development of selected Bus Stands in the State of M.P.
II-4) GPS enabled Bus operations, online ticketing and bus movement
tracking
In order to optimize bus operations, consultant will suggest strategies
to be adopted for making the bus movement in the State GPS enabled.
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 22
RFP for modernization and development of selected Bus Stands in the State of M.P.
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 23
RFP for modernization and development of selected Bus Stands in the State of M.P.
The Consultant shall work out Broad Cost Estimates w.r.t. the
privatisation options and existing economic scenario for all major
project components and utilities for the project. The same shall be
based on the latest SOR issued by PWD Govt. of Madhya Pradesh.
12) The consultant will prepare Land Acquisition papers, in case any
land acquisition is suggested or required for any of the bus
stands.
Cost Estimates of Revenue: The Consultant shall identify the cost estimate
and the various sources of revenue that can be generated from all sources in
the implementation of the project and other property development.
Cash flow analysis: The Consultant shall prepare a cash flow statement
indicating the cost, other liabilities and revenues.
Internal Rate of Return: The Consultant shall work out the financial and
economic rate of return of the project. They shall also conduct a sensitivity
analysis especially considering the future development of various business
segments in the vicinity of area.
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 25
RFP for modernization and development of selected Bus Stands in the State of M.P.
ANNEXURE-A
LIST OF BUS STANDS TO BE DEVELOPED ON BOT BASIS
28 Narsingpur
29 Mandla
30 Narayanganj
31 Gadasarai
32 Seoni
33 Chhindwara
34 Chakghat
35 Nagpur
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 27
RFP for modernization and development of selected Bus Stands in the State of M.P.
Eligibility/Qualification Criteria
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 28
RFP for modernization and development of selected Bus Stands in the State of M.P.
In case of Joint venture, the duties, responsibilities and powers of lead firm
shall be specifically included in the MOU/agreement. It is expected that the
lead partner would be authorized to incur liabilities and to receive
instructions and payments for and on behalf of the Joint Venture. For a JV
to be eligible for bidding, the experience of lead partner and other partner
should be as indicated in data sheet.
A firm can bid for this project either as a sole consultant or in joint venture
with other consultant. However, alternative proposals i.e. one as a sole or in
JV with other consultant and another in JV with any other consultant will
be summarily rejected.
Bids “in Association” or as an Associate Consultant will be deemed to have
made in Joint Venture and will be evaluated accordingly.
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 29
RFP for modernization and development of selected Bus Stands in the State of M.P.
4.1.1 The Technical Proposal of the bidders will be evaluated on the basis
of experience of the firm and experience of Key Personnel. Only
those Applicants whose technical proposals score 70 marks or more
out of 100 shall qualify for opening of financial bid. However the
bidder will have to fulfill the benchmark criterion for eligibility:-
4.2.1 The inter-se weightage for minimum qualification of bidder and key
personnel shall be 40:60.
4.2.2 For financial evaluation, the total cost indicated in the Financial
Proposal, will be considered.
4.2.4 The Selected Applicant shall be the first ranked Applicant (having
quoted the lowest fee). The second ranked Applicant shall be kept in
reserve and may be invited for negotiations in case the first ranked
Applicant withdraws, or fails to comply with the requirements.
4.2.5 The single currency for price conversion is INR. For evaluation of
bid proposals, the foreign currency conversation rate of 1US Dollar
= INR 45.00 and 1 Euro = INR 60 shall be used.
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 31
RFP for modernization and development of selected Bus Stands in the State of M.P.
DATA SHEET
Selection of consultant for Modernization and Development of Bus
Stands at selected locations in the State of MP to be developed on BOT
basis.
1 The description and the objectives of the Assignment are given in the
Terms of Reference
3 The Proposal shall remain valid up to 180 days after last date of
submission
Managing Director,
MP Road Development Corporation Ltd.
16-A, Arera Hills Bhopal
Ph. 0755-2765215,2765196
Fax: 0755-2572643
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 32
RFP for modernization and development of selected Bus Stands in the State of M.P.
MINIMUM QUALIFICATION
FOR KEY PERSONNALS
(The age of the Key Personnel should not be more than 65
years on the last date of submission of proposal)
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 33
RFP for modernization and development of selected Bus Stands in the State of M.P.
1. TEAM LEADER
This is the senior most position and the expert engaged as the team
leader shall be responsible for reviewing the entire project
preparation with MPRDC. He shall undertake Project site visits and
shall guide, supervise, coordinate and monitor the work of other
experts in his team. He will prepare cost estimates of the project in
consultation with MPRDC. The candidate should have a proven
record of preparing, organizing and managing of project preparation
of large magnitudes, financed by international lending agencies and
others.
2. TRAFFIC PLANNER
Traffic Planner shall be responsible for the traffic study and forecast.
He should be a graduate in Civil Engineering from a recognized
University with post graduate qualification in Transportation and
Traffic Management. He should have a minimum of 10 years
experience in traffic survey works out of which a minimum of 5
years should be in Highway sector. He should have experience of
traffic study and forecast of atleast five highway/expressway
projects each costing more than ` 250.00 million. Experience in
developed countries would be preferred.
3. ARCHITECT
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 34
RFP for modernization and development of selected Bus Stands in the State of M.P.
4. ELECTRONIC ENGINEER
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 35
RFP for modernization and development of selected Bus Stands in the State of M.P.
REPORTING REQUIREMENTS
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 36
RFP for modernization and development of selected Bus Stands in the State of M.P.
REPORTING REQUIREMENTS
Reports
The Inception Report shall contain the details of initial meeting held with
the Client and decisions taken therein, the status of resources mobilized by
the Consultants and the consultant’s perception for the project. The report
shall also include the Master Work Programme and Resources Mobilization
plan for the assignment.
Note: The inception report shall include the suitability and legal
feasibility of the site for development on PPP basis
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 37
RFP for modernization and development of selected Bus Stands in the State of M.P.
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 38
RFP for modernization and development of selected Bus Stands in the State of M.P.
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 39
RFP for modernization and development of selected Bus Stands in the State of M.P.
Annexure-1
Dear Sir,
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
Authorized Signatory
Name and Address of Firm
(Lead Member in case of JV)
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 40
RFP for modernization and development of selected Bus Stands in the State of M.P.
Annexure - 2
COMMENTS AND SUGGESTIONS OF CONSULTANTS ON THE
TERMS OF REFERENCE AND ON SERVICES AND FACILITIES
TO BE PROVIDED BY THE MPRDC.
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 41
RFP for modernization and development of selected Bus Stands in the State of M.P.
Annexure- 3
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 42
RFP for modernization and development of selected Bus Stands in the State of M.P.
Annexure- 4
1. Technical/Managerial Staff
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 43
RFP for modernization and development of selected Bus Stands in the State of M.P.
Annexure -5
Education :
Note:-
a) Personnel is to affix his recent photograph on first page of CV.
b) Complete address and phone number of the Personnel is to be
provided.
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 44
RFP for modernization and development of selected Bus Stands in the State of M.P.
[Starting with present position, list in reverse order every employment held.
List all positions held by staff member since graduation, giving dates, name
of employing organizations, titles of positions held, and locations of
assignments. For experience in last ten years, also give types of activities
performed and client references, where appropriate. Use about three
quarters of a page.]
Languages :
[Details about the tenure of Employment with the bidding firm may be
provided]
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 45
RFP for modernization and development of selected Bus Stands in the State of M.P.
Certification
…………………………………………………………..
“[Signature of Staff member and authorized representative of the Firm]”
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 46
RFP for modernization and development of selected Bus Stands in the State of M.P.
Annexure-6
We, the undersigned, offer to provide the consulting services for the above
in accordance with your Request for Proposal dated __________. Our
financial proposal is for the sum of [Amount in words and figures]. This
amount is inclusive of all taxes except the service tax. We have included
costs of Key Professionals, Sub Professionals, infrastructure costs,
traveling, lodging, boarding, and other incidental costs in our financial
proposal.
We understand you are not bound to accept any proposal you receive.
We remain,
Yours sincerely,
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 47
RFP for modernization and development of selected Bus Stands in the State of M.P.
Authorized Signatory
Name and Address of Firm
(Lead Member in case of JV)
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 48
RFP for modernization and development of selected Bus Stands in the State of M.P.
Annexire-6(a)
FINANCIAL PROPOSAL
From: To
The Managing Director,
MP Road Development Corporation Ltd.
Bhopal.
Sir,
I/We______________________________________________Consu
ltants/Consultancy Firm herewith enclose Price Proposal for Selection of
my/our Firm/Organization as Consultant for modernization and
development of Bus Stands at selected locations.
We have read and understood all the terms and conditions mentioned
in this Request for Proposal (RFP) and agree to abide by them. In
confirmation of the terms and conditions mentioned in the RFP, we quote
rates including all taxes, cess, duties, etc (excluding service tax) as follows:
In figures In words
Yours faithfully,
Signature ___________________
Full Name __________________
Designation __________________
Address ___________________
(Authorized
Representative)
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 49
RFP for modernization and development of selected Bus Stands in the State of M.P.
DRAFT CONTRACT
AGREEMENT
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 50
RFP for modernization and development of selected Bus Stands in the State of M.P.
Annexure-7
II. GENERAL CONDITIONS OF CONTRACT
1. GENERAL PROVISIONS
1.1 Definitions
Unless the context otherwise requires, the following terms wherever
used in this Contract have following meanings:
e) Deleted
f) Deleted
g) “Effective Date” means the date on which the Contract comes into
force and effect pursuant to Clause 2.1 hereof;
k) “Party” means the Client or Consultants, as the case may be, and
“Parties” means both of them.
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 51
RFP for modernization and development of selected Bus Stands in the State of M.P.
1.4 Language
This Contract has been executed in English Language, which shall
be the binding and controlling language for all matters relating to
the meaning of interpretation of this Contract.
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 52
RFP for modernization and development of selected Bus Stands in the State of M.P.
1.5 Headings
The headings shall not limit, alter or affect the meaning of this
Contract.
1.6 Notices
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 53
RFP for modernization and development of selected Bus Stands in the State of M.P.
1.7 Location
The services shall be performed at such locations as are specified in
TOR hereto and, where the location of a particular task is not so
specified at such locations, in India, as the Client may approve.
Authorized Representatives
For Consultant.
----------------------
---------------------
------------------------
1.9.1 The consultant and the personnel shall pay the taxes and other
impositions levied under the existing amendment or enacted laws
during life of this contract and the client shall perform such duties
in regard to the deduction of such taxes as may be lawfully
imposed.
The client shall, however, pay to the consultants all amounts due as
service tax in accordance with the applicable law of the Govt.
of India.
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 54
RFP for modernization and development of selected Bus Stands in the State of M.P.
If this Contract has not become effective within two (2) months of the
date hereof, either Party may, by not less than two (2) weeks written
notice to other Party, declare this Contract to be null and void, and in
the event of such a declaration by either Party, neither Party shall have
any claim against the other Party with respect hereto.
2.6 Modifications
Modifications of the terms and conditions of this Contract, including
any modification of the scope of the services, may only be made
by written agreement between the Parties. Pursuant to Clause 7.2
hereof, however, each party shall give due consideration to any
proposals for modifications made by the other Party.
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 55
RFP for modernization and development of selected Bus Stands in the State of M.P.
b) Force Majeure shall not include (i) any event which is caused by
the negligence or intended action of a Party or such Party’s Sub
Consultants or agent or employees nor (ii) any event which a
diligent Party could reasonably have expected from either of the
parties (A) take into account at the time of the conclusion of this
Contract, and (B) avoid or overcome in the carrying out of its
obligations hereunder;
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 56
RFP for modernization and development of selected Bus Stands in the State of M.P.
2.7.4 Consultation
Not later than thirty (30) days after the Consultants, as a result of an
event of Force Majeure, have become unable to perform a material
portion of the Services, the Parties shall consult each other with a
view to agreeing on appropriate measures to be taken in the
circumstances.
2.7.6 Payments
During the period of their inability to perform the Services as a
result of an event of Force Majeure, the Consultants shall be entitled
to continue to be paid under the terms of this Contract subject to
consultation as per Clause 2.7.4 hereof which may include costs
necessarily incurred by them during such period exclusively for the
purpose of discharging their obligations under the Contract and in
reactivating the services after the end of such period.
2.9 Suspension.
The Client may, by written notice of suspension to the Consultants,
suspend all payments to the Consultants hereunder if the
Consultants fail to perform any of their obligations under this
Contract, including the carrying out of the Services, provided that
such notice of suspension (i) shall specify the nature of the failure,
and (ii) shall request the consultants to remedy such failure within a
period not exceeding fifteen (15) days after receipt by the
Consultants of such notice of suspension.
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 57
RFP for modernization and development of selected Bus Stands in the State of M.P.
2.9 Termination
2.9.1 By the Client
The Client may, by not less than fifteen (15) days written notice of
termination to the Consultants (except in the event listed in
paragraph (f) below, for which there shall be written notice of not
less than thirty (30) days), such notice to be given after the
occurrence of any of the event specified in paragraphs (a) through
(g) of this Clause 2.9.1, terminate this Contract.
f) If the Client, in its sole discretion and for any reason whatsoever,
decides to terminate this Contract;
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 58
RFP for modernization and development of selected Bus Stands in the State of M.P.
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 59
RFP for modernization and development of selected Bus Stands in the State of M.P.
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 60
RFP for modernization and development of selected Bus Stands in the State of M.P.
The consultant shall perform the Services and carry out their
obligations hereunder with all due diligence, efficiency and
economy, in accordance with generally accepted professional
techniques and practices, and shall observe sound management
practices, and employ appropriate advanced technology and safe
effective equipment, machinery, material and methods. The
Consultants shall always act, in respect of any matter relating to this
Contract, or to the Services, as faithful adviser to the Client, and
shall at all times support and safeguard the Client’s legitimate
interests in any dealing with Sub-Consultants or Third Parties.
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 61
RFP for modernization and development of selected Bus Stands in the State of M.P.
with the contract or the services, and subject to Clause 3.2. hereof,
the Consultants shall not accept for their own benefit any trade
commission, discount or similar payment in connection with
activities pursuant to this Contract or to the Services or in the
Discharge of their obligations hereunder, and the Consultants shall
use their best efforts to ensure that any of the personnel and agents
of either of them, similarly shall not receive any such additional
remuneration.
3.2.2 Procurement
If the Consultants, as part of the services, have the responsibility of
advising the Client, on the procurement of goods, works or services,
the Consultants shall comply with any applicable procurement
guidelines of Client and shall at all times exercise such
responsibility in the best interest of the client.
The Consultants agree that during the term of this Contract and after
its termination, the Consultants and any entity affiliated with the
Consultants, as well as any sub-Consultants and any entity affiliated
with such sub-Consultants, shall be disqualified from providing
goods, works or services (other than the Services and any
continuation thereof) for the project to the Services.
3.3 Confidentiality
The Consultants, their Sub-Consultants and the Personnel of either
of them shall not, wither during the term or within two (2) years
after the expiration of this Contract, disclose any proprietary or
confidential information relating to the Project, the Services, its
Contract or the Client’s business or operations without the prior
written consent of the Client.
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 62
RFP for modernization and development of selected Bus Stands in the State of M.P.
(ii) For any direct loss or damage that exceeds (A) total payments
for Professional Fees and Reimbursable Expenditures made or
expected to be made to the Consultants hereunder or (B) the
proceeds, the Consultants may be entitled to receive from any
insurance maintained by the Consultants to cover such a
liability, whichever of (A) or (B) is higher.
(b) This limitation of liability shall not affect the Consultants liability, if
any for damage to third Parties caused by the Consultants or
any person or firm acting on behalf of Consultants in
carrying out the services.
(a) Third Party motor vehicle liability insurance (as per Motor Vehicles
act 1988) in respect of motor vehicle operated in India by the
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 63
RFP for modernization and development of selected Bus Stands in the State of M.P.
(b) Third Party liability insurance, with a minimum coverage of Rs. 0.5
million per accident with number accidents to be identified by
the Consultants and got approved by the Client for Project
Period.
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 64
RFP for modernization and development of selected Bus Stands in the State of M.P.
(d) Taking any action under a concession agreement for the project
designing the Consultants as “Engineer” for which action,
pursuant to such civil works Contract, the approval of the
Client as “Employer” is required;
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 65
RFP for modernization and development of selected Bus Stands in the State of M.P.
documents but shall not use these documents for purposes unrelated
to this Contract without the prior written approval of the Client.
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 66
RFP for modernization and development of selected Bus Stands in the State of M.P.
for the project site or time of arrival at the place of origin after the
services.
b) If the Client (i) finds that any of the Personnel has committed serious
misconduct or has been charged with having committed a criminal
action, or (ii) has reasonable cause to be dissatisfied with the
performance of any of the personnel. Then the Consultants shall, at
the Client’s written request specifying the grounds authorize,
forthwith provide as a replacement a person with qualifications and
experience acceptable to the Client. Such person shall be included
only after approval by the Client.
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 67
RFP for modernization and development of selected Bus Stands in the State of M.P.
(b) assist for the Personnel and, if appropriate, their eligible dependents
to be provided promptly with all necessary entry and exit visas,
residence permits, exchange permits and any other documents
required for their stay in Government’s country;
(c) facilitate prompt clearance through customs of any property for the
Services and of the personal effects of the Personnel and their
eligible dependents;
(e) assist the Consultants and the Personnel and any sub-Consultants
employed by the Consultants for the Services from any
requirement to register or obtain any permit to practice their
profession or to establish themselves either individually or as a
corporate entity according to the Applicable Law;
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 68
RFP for modernization and development of selected Bus Stands in the State of M.P.
5.3.2 The Consultants’ engineer and staff shall not be provided any facility
by the Client.
5.4 Payment
In consideration of the Services performed by the Consultants under
this Contract the Client shall make to the Consultants such payments
and such manner as is provided in Clause 6 of the Contract.
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 69
RFP for modernization and development of selected Bus Stands in the State of M.P.
c. For items listed under Out of Pocket Expenses in TOR shall be paid
by the Client as per fixed costs given in TOR.
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 70
RFP for modernization and development of selected Bus Stands in the State of M.P.
completely set off as provided hereinafter, and (ii) be in the form set
forth in TOR hereto or in such other form as the Client shall have
approved in writing. The advance payment shall be paid within thirty
days after above provisions are complied with.
b) Deleted.
c) As soon as practicable but not later than fifteen (15) days after the
end of each calendar month, during the period of the services, the
Consultants shall submit to the Client in duplicate itemized
statements of the amounts payable pursuant to Clauses 6.2 for such
month. For the items of which monthly rates have been specified,
receipted invoices, vouchers will not be required. Each such separate
monthly statements shall distinguish that portion of the total eligible
costs which pertains to remuneration from that portion which
pertains to reimbursable expenditures. Services Tax as applicable
law of the Govt. of India will be charged on total fees and will be
payable by the Client.
e) The final payment under this Clause shall be made only after the
final report and final statement identified as such shall have been
submitted by the Consultants and approved as satisfactory by the
Client. The services shall be deemed completed and finally
accepted by the Client and final report and final statement shall be
deemed approved by the Client as satisfactory, ninety (90) calendar
days after receipt of the final report and final statement by the
Client unless the Client within such ninety (90) days period gives
written notice to the Consultants, specifying in detail, deficiencies
in the services, the final report or final statement. The Consultants
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 71
RFP for modernization and development of selected Bus Stands in the State of M.P.
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 72
RFP for modernization and development of selected Bus Stands in the State of M.P.
All awards shall be writing and such awards shall state reasons for
the awards.
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 73
RFP for modernization and development of selected Bus Stands in the State of M.P.
8.3 Miscellaneous
If any arbitration proceedings hereunder.
a) proceedings shall, unless otherwise agreed by the Parties, be
held in Bhopal.
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 74
RFP for modernization and development of selected Bus Stands in the State of M.P.
FORMATS OF BANK
GUARANTEE
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 75
RFP for modernization and development of selected Bus Stands in the State of M.P.
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 76
RFP for modernization and development of selected Bus Stands in the State of M.P.
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 77
RFP for modernization and development of selected Bus Stands in the State of M.P.
a) Our liability under this Bank Guarantee shall not exceed Rs.
2,00,000.00 (Rupees Two lacs only).
1. Witness………………. (Signature)
Name ………………………
2. Witness …………………(Signature)
Name ……………………
Banker’s Signature & Stamp
________________________________________________________
MPRDC-Bhopal NIT No. No. MPRDC/BOT/FR/2010/ 13459 dated 03.03.2011 78