amended and corrected rfp-thane

Architectural and Financial study for Commercial Development of Thane Station, Maharashtra

Rail Land Development Authority Amended & corrected on 14-03-2013

Rail Land Development Authority

(A Statutory Authority under Ministry of Railways, Government of India)

Tender No. RLDA/RFP/CT-1 of 2013

REQUEST FOR PROPOSAL

FOR APPOINTMENT OF

ARCHITECTURAL AND FINANCIAL CONSULTANT

FOR

COMMERCIAL DEVELOPMENT OF THANE STATION, MAHARASHTRA

Office of the Vice Chairman

Rail Land Development Authority

Near Safdarjung Railway Station,

Moti Bagh-I

New Delhi-110021

February 13, 2013

(Amended & Corrected on 14-03-2013)


@Rail Land Development Authority (Amended & corrected on 14-03-2013) 2

DISCLAIMER

The information contained in this Request for Proposal document (RFP) or subsequently provided to Applicants, whether verbally or in documentary or any other form by or on behalf of RLDA or any of their employees or advisers, is provided to Applicants on the terms and conditions subject to which such information is provided.

This RFP is not an agreement and is neither an offer nor invitation by RLDA to the prospective Applicants or any other person. The purpose of this RFP is to provide interested parties with information that may be useful to them in the formulation of their Proposals pursuant to this RFP. This RFP includes statements, which reflect various assumptions and assessments arrived at by RLDA in relation to the Consultancy. Such assumptions, assessments and statements do not purport to contain all the information that each Applicant may require. This RFP may not be appropriate for all persons, and it is not possible for the RLDA, its employees or advisers to consider the objectives, technical expertise and particular needs of each party who reads or uses this RFP. The assumptions, assessments, statements and information contained in this RFP, may not be complete, accurate, adequate or correct. Each Applicant should, therefore, conduct its own investigations and analysis and should check the accuracy, adequacy, correctness, reliability and completeness of the assumptions, assessments and information contained in this RFP and obtain independent advice from appropriate sources.

Information provided in this RFP to the Applicants is on a wide range of matters, some of which depends upon interpretation of law. This information given is not an exhaustive account of statutory requirements and should not be regarded as a complete or authoritative statement of law. RLDA accepts no responsibility for the accuracy or otherwise for any interpretation or opinion on the law expressed herein.

RLDA, its employees and advisers make no representation or warranty and shall have no liability to any person including any Applicant under any law, statute, rules or regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or expense which may arise from or be incurred or suffered on account of anything contained in this RFP or otherwise, including the accuracy, adequacy, correctness, reliability or completeness of the RFP and any assessment, assumption, statement or information contained therein or deemed to from part of this RFP or arising in anyway in this Selection Process.

RLDA also accepts no liability of any nature whether resulting from negligence or otherwise however caused arising from reliance of any Applicant upon the statements contained in this RFP.

RLDA may in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information, assessment or assumption contained in this RFP.

The issue of this RFP does not imply that RLDA is bound to select an Applicant or to appoint the Selected Applicant, as the case may be, for the Consultancy and RLDA reserves the right to reject all or any of the proposals without assigning any reasons.

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, copying, postage, delivery fees, expenses associated with any demonstrations or presentations which may be required by RLDA or any other costs incurred in connection with or relating to its



proposal. All such costs and expenses will remain with the Applicant and RLDA shall not be liable in any manner whatsoever for the same or for any other costs or other expenses incurred by an Applicant in preparation or submission of the proposal, regardless of the conduct or outcome of the Selection Process.



REQUEST FOR PROPOSAL

FOR APPOINTMENT OF

ARCHITECTURAL AND FINANCIAL CONSULTANT

FOR

COMMERCIAL DEVELOPMENT OF THANE STATION, MAHARASHTRA


Part-I INSTRUCTIONS TO APPLICANTS (ITA)

1. General

1.1 RLDA invites proposals from applicants (the Applicants) on prescribed forms and annexures in this RFP, for providing consultancy services to RLDA for commercial development of Thane railway station, in Mumbai (the Project). The project involves redevelopment of existing station buildings, platforms and improvements of other passenger amenities at the railway station by exploiting commercial development potential on land and air space. The scope of consultancy would broadly include preparation of Feasibility Report, Master Planning including land use, urban design and associated parameters, Preliminary Design, development of a Revenue Model, preparation of bid documents for the selection of the Developer and for assisting RLDA in the bidding process in accordance with the TOR for Thane railway station including the surrounding railway land, having a approx. area of 0.8 hectares (collectively the Consultancy). The area may vary and will be finalized during the currency of consultancy. This RFP consists of following:

Part I: Instructions to Applicants (ITA)

Part II: Terms of Reference (TOR)

Part III: Application and Proposal Forms (APF)

Part IV: Form of Contract

1.2 Detailed description of the Objectives, RLDAs Requirements, Scope of Services, Deliverables, and other requirements related with this Consultancy are prescribed in the Part-II, TOR.

1.3 In case the Applicant considers that it possesses the requisite experience and the capabilities required for undertaking the assignment, it may submit an Application in response to this invitation. The manner in which the Applications are required to be submitted, evaluated and accepted is explained in the various provisions of this ITA.

1.4 Applicants are encouraged to inform themselves fully about the assignment and the local conditions before submitting the Application by paying a visit to RLDA and the Project site, sending written queries to RLDA, and attending a pre-proposal conference on the date and time specified in this ITA. Please note that no cost of any such visit is reimbursable.



1.5 The Applicant must be either a multidisciplinary consulting firm having experiences and expertise in providing services in architectural, technical and financial fields or a consortium of architectural and financial consultancy firms for being eligible for selection as Architectural and Financial Consultant (the Consultant). Applicants must read carefully the eligibility criteria (the Eligibility) provided in Clause 4 and must meet these requirements including availability of Key Personnel specified in Clause 2.3 hereunder. In case of consortium, a joint application agreement may be submitted with the bid explicitly showing the Lead Member.

1.6 The selection of the Consultant shall be done on the basis of eligibility criteria provided in the document and lump sum cost of consultancy offered by the Applicants. The Consultancy has to be carried out by the Consultant as per TOR and draft contract attached at Part-IV.

2. Submission of Proposals

2.1. The bidding process will be carried out by following a single stage, two packet system i.e. by submission of eligibility proposal and financial proposal. The eligibility of the consultant to bid shall depend upon the minimum qualification criteria as laid down in this RFP document. Consultants shall submit their eligibility proposal and financial proposal in two separate envelopes. The consultant shall provide all the information sought under this RFP. RLDA will evaluate only those bids that are received in the required formats and are complete in all respects. The bids will comprise of two parts as described below:

(i) ENVELOPE 1 will contain the following documents :

(a) requisite earnest money in form of Demand Draft in favour of Rail Land Development Authority, payable at New Delhi.

(b) letter of proposal as per Bid Form-1,

(c) Particulars of the Applicant as per Bid Form-2,

(d) Statement of Legal Capacity as per Bid Form-3,

(e) Power of Attorny, if required, as per Bid Form-4,

(f) Particulars of Key Personnel as per Bid Form-5,

(g) information for eligibility of Applicant & Key Personnel as per Bid Form-6 & 7,

(h) The CVs of the personnel of the Consultancy Team shall be submitted in Form-8.

(i) a copy of set of RFP document alongwith corrigendum to RFP, if issued, with each page initialed by the authorised signatory as a token of acceptance,

(j) General approach for methodology to execute the consultancy work

(ii) ENVELOPE 2 will consist of the Applicants financial bid, the format for submission of bid is provided in Bid Form No. 9 & 10.

2.2. ENVELOPE 1 and ENVELOPE 2 shall be marked with Eligibility Proposal and other Compliances and Financial Proposal respectively. Envelope 1 and Envelope 2 shall be sealed and placed in a third envelope. ENVELOPE 3 shall be sealed and all the three envelopes must bear the name and address of the consultant to facilitate return of the envelopes unopened, if required, and should be marked as Proposal for Architectural and Financial Study for commercial development of Thane



Station, Maharashtra on Indian Railways: Tender No. RLDA/CT-1 of 2013. Each of the above envelopes should be addressed to :

Deputy General Manager (Projects)

Rail Land Development Authority (RLDA)

Next to Safdarjung Railway Station, Moti Bagh- I,

New Delhi 110021, India, Tel: (+91)-(11)-24102063

2.3. Key personnel

The Consultancy Team shall consist of the following Key Personnel (the Key Personnel) who shall discharge their respective responsibilities as specified below:

Key Personnel Responsibilities

Chief Architect and Team Leader(the Team Leader)

He/She will lead, co-ordinate and supervise the multidisciplinary team for Preparation of Feasibility Report, Master Plan and Preliminary Design including architectural support services during bidding process.

Real Estate Expert He/She shall be responsible for carrying out site survey, traffic survey and real estate market surveys for suggesting nature and extent of commercial development at the railway station, arranging approvals/NOCs on the Master Plan from local authorities and marketing the project to prospective developers.

Chief Financial Expert and Deputy Team Leader

He/She will lead, co-ordinate and supervise the multidisciplinary team for development of Revenue Model, preparation of Bid Documents for selection of Developer and assisting RLDA in the bidding process.

Sector Expert He/Shall will bring in transportation sector experience to the team and be responsible for analyzing the present facilities at the railway station and suggesting their augmentation, laying down standards for construction and finishes for better maintainability/ durability, preparing the cost estimates of the project.

Each of the above Key Personnel shall devote at least 10(Ten) working days at the project site and another 10(ten) working days in meetings/presentations with RLDA and Railway.

2.4. The Eligibility Proposal submitted by the Applicants shall be evaluated. The Financial Bid of only those Applicants, who are found to be eligible as per their eligibility proposal, shall be opened.

2.5. If the proposal is unaccompanied by the requisite earnest money, the financial proposal shall not be opened and would stand automatically disqualified.



2.6. Bidding Process

2.6.1 RFP document shall be available at RLDAs office on working days between 1100 hrs to 1600 hrs from the date mentioned below on payment of a document fee of `10,000/- in the form of demand draft/bankers cheque in favour of Rail Land Development Authority payable at New Delhi (the RFP Document Fee).

2.6.2 Applicants may also download the RFP document from the RLDA website (http://www.rlda.in/). However, in such a case the applicant must submit the RFP Document Fee alongwith the proposal. Proposals unaccompanied by either the RFP Document Fee or the receipt of purchase of the same will be summarily rejected. Once sold to a particular applicant, the RFP document is not transferable. The RFP Document Fee shall be non-refundable.

2.6.3 All notices related to this Project including clarifications/amendments/addendums to the RFP document shall be available on www.rlda.in under Tenders.

2.6.4 Interested applicants may obtain further information from:-

i) General Manager/Railway Infrastructure (e-mail: [email protected])

Tel: (011) 24103517, Fax: (011) 24104793

ii) Jt. General Manager/SW (e-mail: [email protected])

Tel: (011) 24109635, Fax: (011) 24104793

2.6.5 All communications, including the envelopes, should contain the following information, to be marked at the top in bold letters:

Tender No: RLDA/RFP/CT-1 of 2013

and

Proposal for Architectural and Financial Study for commercial development of Thane Station, Maharashtra on Indian Railways

2.6.6 The important dates for the Bidding process are as following, subject to changes, if any, which will be advised through addendums/amendments:

S.No. Event Description Date(s)

1. Commencement of Sale of Bid Document 18-02-2013

2. Pre-Bid Meeting in Conference Hall of RLDA Office Complex

04-03-2013 at 1100 hrs

3. Last date of receiving queries 07-03-2013

4. Reply to queries, Uploading of Amendments to Bid on website, if any

14-03-2013

5. Last date of Sale of Bid Document 04-04-2013 upto 1600 hrs

6. Proposal Due Date/last date of submission of Bid ( Proposal Due Date (PDD))

05-04-2013 upto 1500 hrs

7. Opening of Bids 05-04-2013 at 1530 hrs

Bids received after the dead line of submission shall be returned unopened. Late / delayed bids will not be considered.



2.7. The Applicant has to sign all the pages of the Bid document.

3. Validity of the Offer

The offer shall be kept valid for minimum 90 days from the date of opening.

4. Eligibility Criteria:

(i) General:- An Applicant must be either a multidisciplinary consulting firm having experience and expertise in providing services in architectural, technical and financial fields or a consortium of architectural and financial consultancy firms having the minimum work experience and Key Personnel as specified hereunder. Further, the Applicant should have had the Chief Architect and the Chief Financial Expert on its roll for more than 12 months as on the PDD. It shall offer and make available all Key Personnel meeting the requirements specified in Sub-clause (iii) below.

(ii) Eligible Assignment:- For the purposes of determining Eligibility for the Applicant and Key Personnel completed consultancy assignments in respect of development of a railway station, metro station, metro rail system, airport or other urban building complex dedicated for public use (e.g. sports complex, exhibition complex, convention centre etc.) and having an estimated capital cost (excluding land) of at least `10 Crore shall be deemed as eligible assignments (the Eligible Assignments). The Applicant firm or member of the Applicant claiming credit for the assignment should have, prior to PDD, received professional fees of at least `10 Lakhs for the respective assignment. Where credit is being claimed by a Key Personnel, she/he should have completed work for at least 15 mandays for the Eligible assignment prior to PDD.

(iii) Minimum Experience of the Applicant: -

(a) The Applicant shall have undertaken architectural planning and preparation of master plan, during the last 10 years, in respect of at least three Eligible Assignments; and

(b) The Applicant shall have undertaken preparation of financial model and Bid Process Management, during the last 10 years, in respect of at least three Eligible Assignments.

Applicant should submit details of its own and its Key Personnels experiences in the specified forms duly certified by Statutory Auditor/ Key Personnel in the absence of which their claim regarding meeting the eligibility criteria would not be entertained.

(iv) Experience of Key Personnel: - The Applicant should have in its team Key Personnel as specified below fulfilling the eligibility conditions.

Key Personnel Educational Qualification

Length of Professional Experience

Experience on Eligible Assignments

Chief Architect and Team Leader.

Masters/ Bachelor in Architecture or equivalent

10 years He/She should have led, as Team Leader or Principal Architect, architectural or master planning teams for two Eligible Assignments.

Real Estate Expert

Masters/Bachelor in Civil

7 years He/She should have worked as Real Estate Expert for two Eligible



Engineering, Architecture/planning

Assignment.

Financial Expert and Deputy Team Leader

Masters in Commerce, Economics, Management, or CA/CFA/ICWA

10 years He/She should have led the financial team, as Team Leader or Principal Financial Expert, in preparation of Revenue Model and assistance in bidding process for at least two Eligible Assignments.

Sector Expert Masters/Bachelor in any discipline.

7 years He/She should have worked as a transport sector (Metro, Railway, Airport, Highway) expert in two Eligible Assignments or should have an experience of at least 7 years of working at Gazetted level in any technical or traffic department of Railway.

In case the consultant proposes to engage any officials of Govt. of India, Retired officials of Railways, it should be done strictly in accordance with guidelines of Department of Personnel and Training on the same.

5. Eligibility Proposal:-

5.1 The offer shall be submitted with a letter of proposal in the format specified in Form-1. Information on Eligibility should be submitted in Form-2 to 7 duly certified by the Statutory Auditor of the applicant. The CVs of the personnel of the Consultancy Team shall be submitted in Form-8. General approach for methodology to execute the consultancy work also to be submitted.

5.2 Consultancy team shall consist of Key Personnel specified at Para 2.3 and such other experts/specialists and managerial/support staff to be deployed either at project site or offsite such that the consultant should be able to complete the consultancy successfully within the time schedule specified in Terms of Reference(TOR). The CVs of experts/specialists should also be submitted in Form-8. CVs of any new Key Personnel to be deployed for any project should be submitted to RLDA for approval before deployment for that project site. However, in this connection please also refer to Clause 3.5 of the contract agreement regarding permitted changes in personnel. The consultant may also take the assistance of any sub-consultant for carrying out any part of the consultancy.

5.3 Please also indicate the specific task(s) to which each team member would be assigned.

5.4 Comments, if any, on the data, services and facilities to be provided by RLDA and/or zonal or divisional railway administration (see the Terms of Reference).

5.5 In order to familiarize themselves with the project and the local conditions the Consultant may wish to visit the project area. In such case, the Consultant should contact the Chief Engineer (General) of the zonal railway concerned, for which details may be obtained from RLDA. It must be ensured that the zonal railway is advised of your visit in advance, giving adequate time for them to make appropriate



arrangements. However, it should be clearly understood that any cost incurred for collection of preliminary information, for preparation of the proposal, for attending the pre-bid conference or for any subsequent negotiations will not be reimbursable as a direct cost of the assignment.

6. Financial Proposal

6.1 The Applicant shall quote a lump-sum amount as fee including all expenditure like conveyance, incidentals, out-of-pocket expenses, payment to sub-consultants etc to be incurred. The cost should be inclusive of all taxes and duties and nothing extra shall be payable, except service tax. The fee of the consultant shall be inclusive of all costs related to visits to the site, attending meetings, conferences and making suitable presentations etc. Format for submission of Financial Proposal is given at Form-9. The estimate of Personnel Cost shall be submitted in the format specified in Form-10 which shall be used only when consultancy services are availed beyond the scope of work included in RFP.

6.2 Financial offer (Lump sum) as submitted by the Consultancy firm shall be considered in evaluation and selection of consultants. However, each element of the financial proposal of the selected Firm may be reviewed during contract negotiations, if any, to determine the final contract price.

6.3 In addition to the above lump sum amount, the Consultant will be entitled to receive Success Fee from the selected Developer in the following manner:-

S. No. Upfront lease premium per site

Success fee

1. Upto `10 Crore 1% of present value of upfront lease premium quoted by the selected bidder subject to a minimum of `1.0 Lakh

2. More than `10 Crore & upto `50 Crore

`10 lakh plus 0.5% of the amount by which upfront lease premium amount exceeds `10 Crore.

3 More than `50 Crore & upto `100 Crore

`30 lakh plus 0.25% of the amount by which upfront lease premium amount exceeds `50 Crore

4. More than `100 Crore `42.50 lakh plus 0.1% of the amount by which upfront lease premium amount exceeds `100 Crore subject to a maximum amount of `2 Crore

6.4 The Success Fee will be paid by the selected Developer to the Consultant through RLDA and not by RLDA and no claim on this account shall be entertained by RLDA. The Success Fee will be payable in two installments, as under:

(a) 25% of the amount of Success Fee within 30 days of issue of Letter of Acceptance by RLDA to the selected Developer, and

(b) 75% of the amount of Success Fee on signing of the Development Agreement with the Developer.

In case of withdrawal from the contract by selected Developer after issue of Letter of Acceptance, no further success fee will be payable to the consultant.



7. Consultancy Clarification

7.1 The Applicant may contact the RLDA office on any working day if any clarification is required.

8. Evaluation of proposals

8.1 The eligibility proposal submitted by the Applicants shall be evaluated first.

8.2 The financial bid of only those Applicants, who are found to be eligible as per their eligibility proposal, shall be opened.

8.3 The lowest (qualified) financial bid would be considered for selection for the Consultant.

9. Conflict of Interest

9.1 An applicant shall not have a Conflict of Interest with regard to this assignment. Any applicant found to have such a conflict of interest shall be disqualified.

9.2 RLDA requires that the consultant provide professional, objective, and impartial advice and at all times hold RLDAs interests paramount, avoid conflicts with other assignments or their own corporate interests, and act without any consideration for future work. The consultant shall not accept or engage in any assignment that would be in conflict with its prior or current obligations to other employers, or that may place it in a position of not being able to carry out the assignment in the best interest of RLDA.

9.3 Without limitation on the generality of the foregoing, the consultant and any of its associates shall be considered to have a conflict of interest and shall not be selected under any of the circumstances set forth below:

(a) If there is a conflict among this and other consulting assignments of the consultant (including its personnel and sub-consultant) and any subsidiaries or entities controlled by such consultant. The duties of the consultant depend on the circumstances of each case. While providing consultancy services to RLDA for this particular assignment, the consultant shall not take up any assignment that by its nature will result in conflict with the present assignment.

(b) A firm which has been engaged by RLDA to provide goods or works for a project, and any of its affiliates, will be disqualified from providing consulting services for the same project. Conversely, a firm hired to provide consulting services for the preparation of implementation of a project, and any of its affiliates, will be disqualified from subsequently, providing goods or works or services related to the same project.

(c) An applicant eventually appointed to provide consultancy for this project, as well as any of its affiliates, shall be disqualified from subsequently providing goods or works or services related to the construction and execution of the same project (other than a continuation of the Firms earlier consulting services) till one year from the date of completion of services under this consultancy.

10. Negotiations

10.1 Please note that the cost of preparing a proposal and of negotiating a contract, including trips to the project site or to the locale of the zonal railway HQ or the



Divisional railway HQ or any other location is not reimbursable as a direct cost of the study.

10.2 The lowest qualified applicants may be invited for negotiations at RLDA office in Delhi. The negotiations shall also include reconfirming the obligations of the consultant under the Terms of Reference, e.g. deployment of Key Personnel, the manner in which Consultant intends to proceed with the work etc. shall be discussed during the negotiations.

10.3 The representative authorized by the consultancy firm shall only be permitted to negotiate the financial and other terms to conclude a bidding agreement.

11. Other Conditions

11.1 The consultancy services shall stand completed on Financial Close after signing of Development Agreement by the developer. However, RLDA may decide not to proceed with the bidding process for the time being and in such a case the consultancy services shall stand completed on receipt of all necessary approvals from Government Authorities for the proposed Architectural Study. Further if the consultant is not interested to continue the services beyond fifteen (15) months, the consultancy shall stand terminated with mutual consent between RLDA and consultant.

11.2 In case of any re-tendering, extension of tender submission dates, delay in inviting tenders etc. due to administrative/legal reasons, RLDA reserves the right to either discontinue the services of the consultant without any claims whatsoever or to direct the existing Consultant to continue their consultancy services till successful handing over of site to developer subsequent to such extended/re-tendered process. RLDAs decision in this regard shall be final and binding on the consultant.

11.3 Please note that (i) if you combine the functions of consulting with those of a real estate or land developer or (ii) if you are associated with, affiliated to, or owned by a real estate or land developer, you should include in your proposal relevant information of such relationships along with a statement to the effect that you shall limit your role to that of a consultant and disqualify yourself and your associates/affiliates from work in any other capacity (including bidding on any part of the project later) except that of consulting services for any follow up services of RLDA.

12. EARNEST MONEY DEPOSIT (EMD)

12.1 The Applicants are required to submit an interest free Earnest Money Deposit (EMD) for `1,00,000/- (Rupees one lakh only) in the form of Demand Draft / Bankers Cheque or Pay Order in favour of Rail Land Development Authority, drawn on any Nationalised or scheduled commercial bank, payable at New Delhi along with their Offer.

12.2 Any offer which is not accompanied by the requisite Earnest Money Deposit shall be rejected outright.

12.3 EMD of the successful Applicant shall be returned after signing of the Agreement in accordance with provisions specified in this document and submission of performance security as per clause 12 within the stipulated time.

12.4 The EMD shall be forfeited in the following cases:



a) If the Applicant withdraws its proposal (offer) during the interval between the Proposal Due Date and expiration of the Proposal Validity Period.

b) If the successful Applicant fails to accept the Letter of Acceptance in writing within the time specified in this document or any extension thereof granted by RLDA.

c) If the successful Applicant (Consultant) fails to sign the agreement within the time specified in this document or any extension there-of granted by RLDA.

d) If the Applicant imposes any condition after the proposal due date affecting the original proposal.

13. Performance Security

13.1 The successful Consultant shall submit a Performance Security to RLDA for a sum equivalent to 5% of the Cost of the Consultancy. The Performance Security shall be submitted within 15 days of issue of Letter of Acceptance.

13.2 The Performance security shall be in the form of Demand Draft / Bankers Cheque/Bank Guarantee or Pay Order in favour of Rail Land Development Authority, drawn on any nationalized or scheduled commercial bank and payable at New Delhi. The said Performance Security will be kept valid for 18 months from the date of issue of LOA initially. Thereafter if required due to administrative exigency or otherwise, the same shall be kept valid for the three months or for such period, as may be decided by RLDA, over and above the period of one year. The Performance Security would however be forfeited in case of any event of Default leading to termination of contract as described in the Agreement.

13.3 The Performance Security shall be released two months after the payment of the final bill.

14. Unsuccessful Applicants

RLDA shall return the EMD received from the unsuccessful applicants within 60 (Sixty) days of finalization of bid. The EMD shall be returned without payment of any interest.

15. Letter of Acceptance (LOA) and Signing of Agreement

15.1 The selected applicant in terms of Clause 7 & upon successful completion of negotiations, if required in terms of Clause 9 here above, shall be considered for issue of Letter of Acceptance (LOA) for site(s) as identified at Form-9. The consultant shall be required to start the consultancy within 15 days of issue of LOA. Consultant must send its acceptance of LOA within 7 days of the issue of LOA.

15.2 The Performance Security shall be submitted within 15 days of issue of LOA.

15.3 The agreement shall be signed by the consultant within 30 days of issue of LOA or within the time as extended by RLDA due to administrative reasons. In case of consortium, the agreement will be signed with the Lead Member of the consortium.

15.4 If the consultant fails to comply with any of the stipulations indicated in Clause 15.1, 15.2 or 15.3 (unless any period is relaxed by RLDA for compelling and genuine reasons; and the decision of RLDA in such case would be final), the LOA can be withdrawn duly forfeiting the EMD and no claim of any kind shall be entertained.



16. Schedule of Payment

16.1 Under the terms of the contract, payments to the consultants will be made periodically in accordance with the laid down schedule.

17. Fore-closure of Consultancy-

RLDA reserves the right to fore-close the consultancy at any stage of the consultancy for administrative reasons. RLDA decision shall be final and binding on the consultant in this regard and no claim of any kind shall be admissible in this regard.

*************



Part-II

Terms of Reference




Terms of Reference (TOR)

Terms of Reference described below are applicable for project site assigned to the Consultant. These should be read with the terms and conditions as indicated in the main contract of which this forms a part.

1. INTRODUCTION

1.1 Indian Railways (IR) has approximately 43,000 hectares of vacant land. Land which is not required for operational purposes in the foreseeable future is entrusted to RLDA by Railway Board in phases for commercial development. The size of plots varies from small plots to huge land parcels and in addition air spaces of Station buildings/Service Building etc. are also available for such commercial development.

1.2 The subject site under consideration for present RFP is Thane station, a Mumbai sub-urban railway station. Both local suburban as well as long distance trains are halting at this station. Approximately 8000 sqm area is available for commercial development but area may vary depending upon the development scheme and identification of additional land/air spaces finalized during the consultancy.

1.3 RLDA is following different models for commercial development of sites which are elaborated in Clause 5 of TOR.

1.4 In addition to the list of models indicated in Clause 5 of TOR, RLDA may adopt any other model or modify these models based on its experience, advice of its legal advisors and inputs provided by the Consultant(s). The Consultant while performing the consultancy services shall modify and supplement all its reports and deliverables, whenever required, so as to provide all financial and commercial data for implementation/execution of the model adopted by RLDA for appraisal

1.5 The standard parameters for some of the items to be used in financial analysis shall be given by RLDA initially. However, Consultant may adopt other parameters with justification thereof. Further, RLDA may issue, from time to time, uniform set of financial parameters to be followed by all financial consultants working for it on various project sites. Consultant shall adopt such parameters in all its financial computations even if it amounts to reworking of earlier reports of deliverables.

1.6 The present RFP is for appointing Architectural and Financial Consultant who shall provide consultancy services to RLDA for commercial development at Thane Railway station, Mumbai including the surrounding land (the Project).

2. OBJECTIVE

The objective of this consultancy is to study and survey the site, prepare feasibility report, Master Plan including land use, urban design and associated parameters, preliminary design & architectural concept plans for redevelopment of existing station buildings, platforms and improvements of other passenger amenities at the railway station, suggest measures to enhance the value of the site so as to earn maximum revenues by exploiting commercial development potential on land and air space, , arrange NOC/land use clearance for the proposed development from Local Authority/State Government (if required), develop the financial model,



suggest a project model, customise the bid documents based on RLDAs standard bid document, market the project and assist RLDA in managing the bidding process for the commercial development of the project and selection of the developer generally through one stage two packet bidding system (unless there is a specific merit in going for two stage tendering system justified by the Consultant) in order to ensure,

i) maximum participation and higher competition among prospective bidders;

ii) higher returns to RLDA with adequate safeguards against risks; attractive projects models for developers in terms of achievement of permitted FSI and realization of greater value for the site;

iii) that the bidding process is completed smoothly leading finally to signing of agreement with the selected Developer.

3. SCOPE OF SERVICES

The services to be performed by the consultant shall include but not be limited to the scope indicated in Clause 3. Consultant may also give any other input(s) which would enhance the value of the property. The Services in abstract terms are listed in Activity-1 to 5 (Clause 4.0 below). In addition, apart from the requirements considered necessary for the framing of the Report, following services shall also be included:-

3.1 Collection of data:

(a) Collection of details of existing station such as platforms, FOBs, station building, number of trains(local/long distance), passengers(local/long distance), station earning from each sources, various existing railway offices/buildings/utilities/stalls/parking, hoardings, drains, construction material in use, history of station etc.

(b) Collection of details of title of the Railway land, verification of the same from the Revenue Authorities with respect to availability of title of the Railways and authenticated records from the same.

(c) The consultant shall collect relevant details, information data, reports, future plans from the concerned local bodies/departments and from the market regarding present and proposed planned development within the influence area of the site. These data should include but not be limited to

master plans, zonal plans, building bye laws, development regulations, permitted land use and FSI at the site, rules for obtaining permissible FSI, TDR, etc, circle rates of land for various use in the area, market rates as per past land deals,

details of similar residential/commercial developments in the vicinity/city,

contact addresses with phone numbers of real estate developers active in the city, Concerned officials of local bodies like Development Authority, Municipality, Forest department, Revenue Authority, Environment office responsible for environmental clearance etc., if any.

3.2 Site Appraisal and Rehabilitation/Redevelopment:- The consultant shall carry out appraisal of the site with respect to its location, area, neighborhood developments,



passenger amenities, urban design and physical infrastructure like platforms, FOBs, elevators, escalators, public utilities, water supply, electricity, sewerages, roads highlighting its pluses and minuses for the proposed commercial exploitation of the railway land and air space. For sites having existing stalls/utilities/structures/buildings or encroachment which need to be redeveloped/relocated/ rehabilitated within or outside the project site, the consultant shall appraise the work involved, requirements of the zonal railways and the legal provisions in the R&R Act or other rules of the state government and prepare redevelopment, rehabilitation and relocation plans. The selected developer shall be required to carry out these redevelopment/rehabilitation/relocation works as part of the project development.

3.3 Architectural Concept plans:- Preparation of architectural concept plans for redevelopment of existing station buildings, platforms, FOBs , elevators, escalators, relocation of existing utilizes/stalls for better passengers movement and improvements of passenger amenities at the railway station by exploiting commercial potential at site and construction phasing etc.

The plan should be executable under the running traffic condition involving traffic blocks of short duration only.

The base proposal which should be the first phase of development should not contain any encroachment area. The encroached area re-development should be proposed as an alternative proposal and as a subsequent phase proposal.

Construction methodology and phasing for execution with minimal interference with train operation and passenger movement.

Concept plan should be prepared keeping provision for future up gradation and expansion of the station building for increasing the passenger handling capacity. The concept plan should take care any increase in length and addition of platforms in future with minimal changes.

3.4 NOC/Land use clearance from Local Authorities:- As detailed in Activity-3. All costs of the Consultant for its personnel, travel and incidentals related to the approval process shall be deemed to be included in the overall cost of consultancy and the success fee. However, any fee to be paid to the local authorities shall be directly paid by RLDA. RLDA shall extend all administrative support to the Consultant for obtaining NOC/Land use clearance and other statutory approvals.

3.5 Real Estate Market and Proposed Developments:- As detailed in Activity-1, while doing diligence for the product mix, the Consultant shall also highlight if phasing of construction is required at the site and if so the details thereof. The consultant shall also analyze various developments in the vicinity and their impact on the proposed development on the subject site by RLDA. Impact of development control norms including the possibility of their modification for the subject site should also be carried out.

3.6 Financial Model for Lease Premium:- The consultant shall develop a financial model for the project for finding out the reasonable lease premium (or percentage share of revenue) that a developer can afford to pay ensuring minimum post tax Project IRR of 18% and Equity IRR of 22.5%. While doing so the consultant shall follow the uniform financial parameters provided by RLDA in terms of Clause 1.4



above. The consultant should bring out various assumptions for revenue, cost and others, including basis thereof, which are used by it in the financial model. Financial model shall be prepared in MS-Excel program and a simplified summary sheet of the entire financial analysis should be prepared showing key data rows as: Year, Construction Cost, Interest During Construction, Land Premium, Project Cost Equity, Debt, Capital Expenditure, Debt Due, Total Revenues, Total O&M Expenditure, Project Cash Flows, Pre Tax Project IRR, Interest Payment, Depreciation for Corporate Tax, Corporate Tax, Project Cash Flow After Tax, Project IRR After Tax, Debt Repayment, Equity Cash Flows, and Equity IRR in that order.

3.7 Lease Period:- The period of lease (for suggested development options) that is most optimum for revenue generation and in the best interest of RLDA (Railways) with reasons may be provided within the permissible limit of 30-45 years based on guidelines to be provided by RLDA as per Clause 1.4 above.

3.8 Project Model:- The consultant shall suggest the most suitable project model among the list provided at Clause 5.0 for the proposed development at the site. While doing so the consultant may suggest modifications to the existing project model or a new project model that is required for the site. The project model finally approved by RLDA shall form the basis for development of Bid documents for the project.

3.9 Reserve Price:- Based on the past & present market rates and circle rates of land duly taking suitable factors for discounting for lease deal, size and location of land, and the lease premium computed from the financial analysis in terms of Clause 3.6, the consultant shall carry out a comparative analysis to verify the suitability or correctness of each of them and suggest the reserve price to be adopted by RLDA for bidding. Depending on the project model to be followed, the reserve price may be either in terms of total lease premium payable in installments or a percentage share of revenue to be offered to RLDA. In case of payment of lease premium in installments or for revenue share project models, the consultant shall use the present value of guaranteed payment to RLDA at a discount rate of 15% for comparison purposes with the market rate and the circle rate.

3.10 Marketing:- The Consultant shall carry out requisite marketing exercise to elicit adequate response from developers and other interested parties and submit Expressions of Interest(EOIs) from end users, enabling developers to assess the profitability ahead of the tendering process, whom the consultant has contacted in the course of the study as well as during the bidding process and who have indicated their interest in the proposed development. The format for submission of EOIs shall be submitted by the consultant to RLDA for approval. The Consultant shall prepare and give presentation during pre-bid or other meetings with developers, anchor the meetings and carry out other such necessary efforts for maximizing participation by prospective developers in the bidding process. The consultant shall submit a list of developers likely to participate in the bid before the last date of submission of bid so that RLDA is assured of adequate response in the bid.

3.11 Tender Document and Bid Process:- The consultant shall, based on RLDAs Standard Bid Document, prepare the bid documents consisting of the RFP, the lease agreement and lease deed including all its appendices, annexures and forms of the bid process. RFQ and RFP with lease agreement and lease deed shall be prepared separately in case two stage bid process is followed.



The draft lease agreement and lease deed for the selected project model prepared by RLDA will be provided to the consultant. The consultant shall prepare the RFP document for the selected model with relevant changes based on RLDAs Standard Bid Document. The consultant shall interact and coordinate with (the legal adviser) of RLDA for modification required for the project site and be responsible for integration of all the parts and customization for the project site. The final draft of bid document shall have to be legally vetted by an experienced and professionally qualified legal adviser in commercial contracts for the soundness and completeness of the bid documents. The consultant shall also assist RLDA in managing the bidding process. This would include (but not limited to) preparation and issue of suitable advertisement (cost of which would be borne by RLDA), anchoring of pre-bid conference(s), assisting RLDA in responding to queries, short-listing of qualified bidders, evaluating the bids received and recommending selection of the developer.

3.12 Negotiation and Execution of Development Agreement:- The consultant shall assist RLDA in negotiations, finalization and entering into lease/authorization agreement with the selected bidder.

3.13 Meeting with the RLDA:-The consultancy requires close interaction with RLDA for timely inputs, meeting and reviews, feedback/observation by RLDA. The consultant shall actively associate in RLDAs reviews of various submissions and provide necessary clarifications, documents and back-up information for conducting the reviews. The respective Key Personnel of the consultant shall be present in all important review meetings at RLDA office in Delhi as required by RLDA while other support personnel assisting the Key Personnel in the consultancy may attend other meetings.

4. Important Activities of the Services

4.1 Activity-1

4.1.1 Site Survey and Plans

(i) Collection of details of existing station such as platforms, FOBs, station building, number of trains(local/long distance), passengers(local/long distance), station earning from each sources, various existing railway offices/buildings/utilities/stalls/parking , hoardings, drains, detail of construction material in use, history of station etc.

(ii) Collection of details of title of Railway land and verification of the same from Revenue / Local authority including collection of certified Revenue record of the subject land.

(iii) Carrying out site survey to locate the land boundaries including all obligatory points, surrounding roads/structures/drains using modern surveying instruments and measure/plot the sides and diagonals of the site. Based on the survey, Consultant to prepare plan of the site showing all the details of the plot, existing structures, platforms, buildings as well as surroundings roads/buildings etc. The plan should also show the extent of redevelopment/relocation work required as well as well as details of encroachment, if any in consultation with Railways etc. Two copies of such plan (in hard & soft form) to be given.

(iv) For the understanding of the prospective bidders, following plans may have to be additionally prepared



By super imposing the site plan on the city map/plan and/or station premises plan (on two different scales).

By super imposing the site plan on the Google map or the like.

Key plan of the city showing the site also.

To show existing utilities, with dimensions of the cross section, by super imposing on the site plan.

To show the redevelopment of existing infrastructure ,such as passenger amenities, platforms etc., involved by super imposing on the site plan and the land/air space available/generated by redevelopment/relocation for commercial development

To give bearing capacity of soil by collecting the details from State/Municipal Authorities.

(v) Land use and Development Control Regulations/byelaws etc.

To ascertain the permitted land use of the site including FAR/FSI and/or possible Built-up Area on the site as per Master Plan/Zonal Plan of the city/town and the applicable DCR/byelaws of the Local Development Authorities. This should also include prevailing rules on obtaining TDR, Premium FAR etc.

To ascertain the feasibility of change in land use to Commercial (or the use recommended based on study by the Consultant) where the use otherwise is indicated in Master Plan etc. This shall include the process and the financial implication involved for change in land use. Time frame likely for such process may also be indicated with rationale.

To furnish the phone number and addresses of the concerned officials of Town Planning, Municipality, State Government, etc. who are responsible/connected with land use/approval process.

Details of all clearances required for the proposed development on the site.

One set of Master Plan, Bye-laws and any other applicable relevant booklet/code/manual to be/have been referred for the proposed development shall be made available to RLDA by consultant free of cost.

(vi) Real Estate Trends, Proposed Development and Land Value

To carry out market survey and make demand assessment to determine the various possible real estate products (Product Mix) that can be developed at site from the angle of high revenue yield to Railways/RLDA (Clause 3.5 of TOR may be referred).

The viability of Products may also be seen for Logistic Parks, amusement Parks, institutional development, sports development on commercial lines where conventional real estate products are not giving adequate returns or not feasible.

To ascertain the circle rate of the land for various uses in the area, market rate as per earlier transactions and as per Consultants survey.



Kind of transactions prevailing in the area i.e. whether lease hold or freehold. In case of Lease hold, prevailing lease period, kind of leases given by the authorities alongwith lease rates for such uses.

The lease period for the site as recommended by the consultant (with reasons) for optimum revenue generation based on the trends in the area. The permissible limit is 30-45 years.

Present traffic flow and future impact on railway system and adjoining roads by the proposed development on the site

Approximate range of lease value that can be realized from the site for the proposed development based on the above study.

Based on the completion of Activity-1 above and submission of draft report thereon by the Consultant, RLDA will decide whether to go ahead with remaining part of consultancy. The decision would generally be based on the existing land use including feasibility of change in land use from local authorities and prima facie revenue potential of the site.

4.2 Activity-2

The Consultant shall get the plans and/or specifications developed for Project/Redevelopment Project. The plans should be in conformity with local bye-laws and master plan. They are to be given in hard copy as well as soft form.

The Consultant shall get the plans and specifications developed for development of station. This should be in conformity of Manual of Standards & Specifications for Railway Stations (Vol I & II) issued by Ministry of Railways. However, the consultant may judiciously utilize the provisions to the extent same is applicable to this project under advice to RLDA.

Detailed site appraisal and redevelopment/rehabilitation/relocation plan (wherever applicable) will have to be made as per Clause 3.2 of TOR.

Phasing of development including development periods

4.2.1 Preparation of Architectural Plans for the Railway Station and Land (Site) development to include the following

To develop Architectural Concept Plan for the recommended Product Mix (for the achievable/permissible built-up area) on the site. The plan should also show platforms, station building, FOBs, Elevators, escalators, skywalks, passenger amenities, stalls, public utilities, passenger circulation, roads/circulation, parking, hoardings, landscaping, entry /exits, etc.

To develop plan and elevation of the proposed product including showing the adjoining features.

To prepare an isometric view of the proposed buildings/surroundings.

4.2.2 Preparation of detailed Architectural Plans for the air space development to include the following-

Ground level plan showing interface of the proposed development with the existing building and typical floor plans showing common services and floor space for leasing.



Conceptual circulation pattern for the station/existing building as well as the proposed development including the parking solution, pedestrian etc.

Broad conceptual area distribution for the facilities like addition of staircase, lift, escalators, parking, HVAC etc. without disturbing the present function of the railway station/building.

Elevation of the composite buildings showing desired architectural finishes and rendering to match or improve the existing building elevations.

Broad specification for RCC, Wall finish, flooring, doors and windows, building services and exterior finish required before a space could be leased to individual sub-lessees.

Depending upon the scope of the proposed development, above details are to be covered.

4.2.3. Preparation of detailed Architectural Plans and specifications for the rehabilitation/redevelopment/relocation works to include the following :-

All such works shall mandatory works for the developer hence it is necessary that plans and outline specifications are prepared before bidding. Where redevelopment/relocation involves reconstruction of platforms/FOBs/Elevators/Escalators/Utilities/quarters and/or service buildings then detailed specifications alongwith indicative layout plans will have to be prepared. The specifications have to be of a reasonably good standard requiring least maintenance. The estimated cost of such works is also to be given alongwith O&M schedule. Such plan and specifications are to be part of the bid document as developer has to construct and hand over the same to Railways/RLDA free of cost.

4.2.4 The consultant shall also advise RLDA on the feasibility of exploitation of full potential of FSI at the site including any phasing. In case of phased development, the Consultant shall prepare above mentioned plans for each proposed phase of construction.

4.2.5 To get the details of Kashra/khatauni or similar document from Revenue Authorities where they are not available with RLDA. Necessary application can be taken from RLDA in such cases. Fee for the same if any shall be reimbursed as per actuals.

4.2.6 Preparing Site Inventory containing list of all movable and immovable structures/materials on the site alongwith the department to which it belongs in consultation with Railway officials.

4.3 Activity-3

To obtain NOC/land use clearance from Local Authorities as may be required for commercial development of land. RLDA shall associate actively in the process as necessary. All necessary coordination, processing work including interaction/meetings with RLDA/Zonal Railways/Local Authorities shall be done by Consultant. Clause 3.4 of TOR may be referred. At the end of this Activity, Consultant will update and submit final report of Activity-1 & Activity-2 by incorporating NOC/Land Use Clearance from Local Authorities.

4.4 Activity -4

(i) To prepare Master Plan after modifying the concept plans prepared under Activity-2 based on the land use/NOC received incorporating all passenger



amenities, station building, platforms, FOBs, Elevators, escalators, circulation area, public utilities, parking etc. by considering the future projected increase in passengers and land/air space available/created for commercial development

(ii) To prepare urban design of the station along with associated parameters and prepare standard design/specifications for hoardings, public utilities, railway service offices, stalls etc. indicating sizes, location, construction material usage for uniformity.

(iii) To develop financial model for the lease premium and the project model as per Clause 3.6 and 3.8 of TOR. and recommend the Reserve Price (estimated realizable) for the site as per Clause 3.9 of TOR.

(iv) Present traffic flow and future impact on railway system and adjoining roads by the proposed development on the site. This activity shall include all other services as contemplated elsewhere in the Scope of services but not covered above.

(v) To prepare tender drawings for development of railway station

(vi) To prepare outline design criteria for stations over and above the Manual of Standards & Specifications for Railway Stations.

4.5 Activity-5

4.5.1 Bid Process Management and Selection of Developer

Generally a single stage two packet bid process is to be followed unless otherwise recommended by the Consultant with reasons and agreed to by RLDA.

(i) Bid Document The consultant shall prepare Bid Document based on standard bid document of RLDA duly incorporating EPC contract elements for development of station building, platforms, concourse area, subway (if any), parking and other works required for passenger & operational requirement. This EPC portion of the project will have to be designed and constructed by the proposed developer and handed over to the Railway free of cost. The Project Model finally approved by RLDA will form the basis for development of bid documents for the project. This shall be finalized by the Consultant (including their Legal Consultant) in consultation with RLDA. Refer Clause 3.11 of TOR.

(ii) Consultant shall prepare Technical Proposal Forms for station development consisting of tender drawings, outline design criteria over and above the Manual of Standards & Specifications for Railway Stations.

(iii) Consultant shall also assist RLDA in managing the bid process upto the selection of developers and execution of Development Agreement as detailed in Clause 3.11 & 3.12 of TOR.

(iv) Consultant shall carry out the evaluation of Technical proposals of the bids received.

(v) Marketing Consultant to pro-actively market the project during the study and more specifically during the bid process as detailed in Clause 3.10 of TOR.

4.5.2 Optional Activity-1 (RLDA may ask the Consultant to carry out this activity in case there is a long gap between the original survey and the bidding time due to any reason)



Updating the Reserve Price by carrying out quick market survey of real estate trends and other developments prevailing at the time of resurvey.

5. Project Models being followed:

5.1 Upfront Lease Premium Model with BGs Bidding criteria is the lease premium and the development agreement and lease deed are to be signed after payment of 1st installment of lease premium and submission of bank guarantees for the remaining installments along with interest @ 15% p.a. on the outstanding amount.

5.2 Lease Premium Model with or without marketing rights Bidding criteria is the lease premium and the development agreement is to be signed after payment of 1st installment of lease premium. The Developer has to pay lease premium in 4-6 installments spread over 3-6 years depending upon size of the project. The Developer shall be given license rights only for construction and marketing & the lease rights through execution of lease deed shall be given after it pays the full amount of lease premium or submits bank guarantees for the remaining installments to RLDA. If the marketing rights are given during the license period the realization of installments from Developer shall be through Escrow A/c mechanism.

5.3 Revenue Sharing Model Bidding criteria is the percentage revenue share and the development agreement is to be signed after payment of fixed amount of payment to RLDA. The Developer has to pay the quoted percentage share from the revenues earned from utilization or sub-leasing of the spaces within the project subject to a payment of a minimum guaranteed amount every year through Escrow A/c mechanism.

5.4 Annual Payment model Bidding criteria is the Annual Payment to be made from the first year of operation (with provision for built-in escalation) and the development agreement is to be signed after payment of initial fixed amount of payment to RLDA. The Developer has to pay the minimum guaranteed amount every year as the developer has bid through Escrow A/c mechanism.

The project involves the development of railway station alongwith commercial development of land/air space. The cost of development shall be borne by the developer from the revenue generated from the commercial development of land/air space as such the financial model should include this aspect. Details of above models are available in the form of draft or final development agreement prepared by the existing consultants or executed by RLDA with the Developers. RLDA may adopt any other model of development as suggested by the consultant on merits

6. Preparation and presentation of Reports

6.1 In pursuance of this TOR, the consultant shall prepare and deliver the Consultancy Report in draft as well as final stage. Each such report shall include all work outputs in respect of compliance of Clause 1, 2 & 3.1 to 3.11.

6.2 The consultant shall make power point presentation to RLDA of the draft report (Architectural and Financial) in which all Key Personnel should be present. Each of these reports shall be reviewed by RLDA and discussed in formal meetings at RLDA office with the Key Personnel of the consultant and observations shall be forwarded to the consultant subsequently. The consultant shall comply with these observations and revise/modify the reports as may be required from time to time to the satisfaction of RLDA. If required, the consultant may submit supplementary reports to clarify or modify some parts of the earlier submitted report. The final report as approved by RLDA shall form the bases for the bid documents. The



consultant shall prepare a Project Information Memorandum (PIM) for the information to the bidders bringing out salient features of the site.

6.3 All reports (draft as well as final) should be submitted in coloured print in spiral bound form each in 04 copies.

7. Deliverables and Time Frame

7.1 All deliverables mentioned are of the Consultant unless otherwise specified therein.

Item (Refer Clause 4.0 of TOR)

Deliverable Time Frame Due date of Submission * (D + number of weeks)

2 copies of Inception Report #

1 week D+1

Activity-1 Draft Report 4 weeks D + 5

Approval by RLDA 1 week D + 6

Final Report 1 week D + 7

Activity 2 Draft Report (Architect) 4 weeks D + 11



Activity 3 NOC/ Land use clearance 12 weeks D + 25

Activity - 4 Draft Report (Financial) 4 weeks D + 29

Approval by RLDA 1 weeks D + 30


Activity - 5 Draft bid documents 2 week


Final Bid documents** 1 week D + 35

Call of bids 4 week D + 39

Award of LOA 10 week D + 49

Signing of DA(X) X = D + 57 to 63

Financial Close If required as per RFP X + 180 days

*D is the date of issue of Letter of Acceptance for consultancy.

**To be accompanied with a certificate from the legal advisor who has vetted the Bid document in terms of Clause 3.11 of TOR

#Inception report to contain detailed approach and work plan, duly outlining the methodology of the study including key dates for achieving the internal milestones, etc.

7.2 The consultant should simultaneously give presentation to RLDA, outlining the proposals, with alternatives, financial and other implications etc. at Activity-1, Activity-2 and Activity 4 stage.

7.3 Evaluation of tenders including invitation and evaluation of clarification leading to issuing of Acceptance Letter to the Developer shall be completed within the period specified above from the date of issue of Letter of Acceptance of this consultancy assignment. In case tender submission date is extended by RLDA or re-tender is



required due to any administrative or legal reasons, RLDA would extend the above period accordingly and the consultant shall complete the respective activities within such extended period without any extra payment.

7.4 All deliverables (including the basis of various worksheets in soft-form/any software) shall become the property of RLDA and shall be used by RLDA as deemed fit. Soft copies of deliverables should also be furnished as required by RLDA.

7.5 The development agreement (duly improved/customized by the consultant as required) will be executed by RLDA with the selected Developer. The Consultancy shall continue till the execution of the development agreement and achievement of Financial Close of the project The completion time of this consultancy is 15 MONTHS from issue of Letter of Acceptance or within such time as may become necessary due to extension in tender submission date, re-tender, legal matters or such other administrative matters contingent upon such bidding.

8. Schedule of Payment

8.1 Under the terms of the contract, payments to the consultant will be made periodically in accordance with the deliverables above and as per schedule below:

Sl. No.

State of Payment Payment Amount (% of the total Lump-sum amount fixed)

1 Completion of Activity-1 20%




5 Completion of Activity-5

(a) On issue of LOA 15%

(b) On signing of Development Agreement and Financial Close, if required under Development Agreement

10%

Total (T) 100%

Optional Activities for which extra payment shall be made, if got carried out by RLDA

Completion of Optional Activity - 1 10%

8.2 For Activity-1 and Activity-2 above, 80% (eighty) of the payment due shall be released on submission of draft report(s). The balance fee (20%) for each activity shall be payable after approval of final report of each activity.

9. Consultancy Team and Project Office of the Consultant

9.1 The consultant shall form a multi-disciplinary team (the Consultancy Team) for undertaking this assignment. The consultancy Team Shall consists of experts who have the requisite experience.



10. Completion of services

Consultancy services shall stand completed as stated in Para 7.5 above. The consultant shall provide all support services in the nature of advice and clarifications to RLDA in respect of any issue that may come up during the period between issue of LOA and Financial Close. All the study outputs including primary data shall be compiled, classified and submitted by the consultant to the authority in soft form apart from the deliverables indicated in Clause 6 above. The study outputs shall remain the property of the RLDA and shall not be used for any purpose other than that intended under these Terms of Reference without the permission of RLDA

In case of any re-tendering, extension of tender submission dates, delay in inviting tenders etc. due to administrative/legal reasons, RLDA reserves the right to either discontinue the service of the present consultant without any claims whatsoever or to direct the existing Consultant to continue their consultancy services.

***************



Part-III

Proposal Forms



Form-1

Letter of Proposal

(On Applicants letter head)

(Date and Reference)

To,

DGM/Project

Rail Land Development Authority,

Moti Bagh-I,


New Delhi 110021.

Sub:- Appointment of Architect and Financial Consultant for Commercial Development of Thane Station, Maharashtra

Ref.:- Tender No. RLDA/RFP/CT-1 of 2013

Dear Sir,

1. With reference to your RFP Document dated _________ I/We, having examined all relevant documents and understood their contents, hereby submit our Proposal for selection as Architect and Financial Consultant for the Commercial Development of Thane Station, Maharashtra The proposal is unconditional and unqualified.

2. All information provided in the Proposal and in the Appendices is true and correct and all documents accompanying such Proposal are true copies of their respective originals.

3. This statement is made for the express purpose of appointment as the Consultant for the aforesaid Project.

4. I/We shall make available to the RLDA any additional information it may deem necessary or require for supplementing or authenticating the Proposal.

5. I/We acknowledge the right of the RLDA to reject our application without assigning any reason or otherwise and hereby waive our right to challenge the same on any account whatsoever.

6. We certify that in the last five years, we/any of the consortium members have neither failed to perform on any contract, as evidence by imposition of a penalty or a judicial pronouncement or arbitration award, nor been expelled from any project or contract nor have had any contract terminated for breach on our part.

7. I/We declare that:

(a) I/We have examined and have no reservations to the RFP Documents, including any Addendum issued by the RLDA;



(b) I/We do not have any conflict of interest in accordance with Clause 9.0 or the ITA;

(c) I/We have not directly or indirectly or through an agent engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice in respect of any tender or request for proposal issued by or any agreement entered into with the RLDA or any other public sector enterprise or any Government, Central or State; and

(d) I/We hereby certify that we have taken steps to ensure that no person acting for us or on our behalf will engage in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice.

8. I/We understand that you may cancel the Selection Process at any time and that you are neither bound to accept any Proposal that you may receive nor to select the Consultant, without incurring any liability to the Applicants.

9. I/We declare that We/any member of the consortium, are/is not a Member of a/any other Consortium applying for Selection as a Consultant.

10. I/We certify that in regard to matters other than security and integrity of the country, we have not been convicted by a Court of Law or indicted or adverse orders passed by a regulatory authority which would cast a doubt on our ability to undertake the Consultancy for the Project or which relates to a grave offence that outranges the moral sense of the community.

11. I/We further certify that in regard to matters relating to security and integrity or the country, we have not been charge-sheeted by any agency of the Government or convicted by a Court of Law for any offence committed by us or by any of our Associates.

12. I/We further certify that no investigation by a regulatory authority is pending either against us or against our Associates or against our CEO or any of our Directors/Managers/employees.

13. I/We hereby irrevocably waive off right which we may have at any stage at law or howsoever otherwise arising to challenge or question any decision taken by the RLDA and/ or the Government of India in connection with the selection of the Consultant or in connection with the Selection process itself in respect of the above mentioned Project.

14. The Earnest Money of `1,00,000/- (Rupees one lakh only) in the form of a Demand Draft is attached, in accordance with the RFP document.

15. I/We agree and understand that the proposal is subject to the provisions of the RFP document. In no case, shall I/We have any claim or right to whatsoever nature if the Consultancy for the Project is not awarded to me/us or our proposal is not opened.

16. I/We agree to keep this offer valid for 90 (Ninety) days from the tender submission date specified in the RFP.

17. In the event of my/our being selected as the Consultant, I/We agree to enter into an Agreement in accordance with the form at Schedule of the RFP. We agree not to seek any changes in the aforesaid Form and agree to abide by the same.

18. I/We have studied the RFP and all other documents carefully and also surveyed the Project site. We understand that except to the extent as expressly set forth in the



Agreement, we shall have no claim, right or title arising out of any documents or information provided to us by RLDA or in respect of any matter arising out of or concerning or relating to the Selection Process including the award of Consultancy.

19. I/We agree and undertake to abide by all the terms and conditions of the RFP Document. In witness thereof, I/We submit this Proposal under and in the accordance with the terms of the RFP Document.

Yours faithfully,

(Signature of the Authorised Signatory)

(Name and designation of the Authorised Signatory)

(Name and seal of the Applicant/Lead Member)



Form - 2

Tender No.- RLDA/RFP/CT-1 of 2013

Particulars of the Applicant/Members of Consortium1

1.1 State whether applying as Sole Firm or Lead Member of a consortium:

Sole Firm

or

Lead Member of a consortium*2

1.2 State the following:

Name of Company or Firm:

Legal status (e.g. incorporated private company, unincorporated business, partnership etc.):

Country of incorporation:

Registered address:

Year of Incorporation:

Year of commencement of business:

Principal place of business:

Brief description of the Company including details of its main lines of business

Particulars of individual(s) who will serve as the point of contact/ communication with RLDA:

(a) Name:

(b) Designation:

(c) Company:

(d) Address:

(e) Telephone Number/Mobile number:

(f) E-Mail Address :

(g) Fax Number:

Name, Designation, Address and Phone Numbers of Authorised Signatory of the Applicant:

Name:

Designation:

Company:

1 In case of consortium, the details of all Members of Consortium has to be submitted in this Form.

2 In case of consortium, Lead Member can either the Architectural Firm or Financial Firm whose experience

has been utilized to fulfill the eligibility criteria and providing Team Leader and Deputy Team Leader

respectively.



Address:

Phone No.:

Fax No. :

1.3 If the Applicant is Lead Member of a consortium, state the following for each of the other Member Firms:

(i) Name of Firm:

(ii) Legal Status and country of incorporation

(iii) Registered address and principal place of business.

1.4 For the Applicant, (in case of a consortium, for each Member), state the following information:

i) In case of non Indian company, does the company have business presence in India?

Yes/No

If so, provide the office address(es) in India.

ii) Has the Applicant or any of the Members in case of a consortium been penalized by any organization for the poor quality of work in the last five years?

Yes/No

iii) Has the Applicant/ member ever failed, in last five years, to complete any work awarded to it by any public authority/ entity in last five years?

Yes/No

iv) Has the Applicant or any member of the consortium been blacklisted by any Govt. department/Public Sector Undertaking in the last five years and such black listing exists on the date of submission of application?

Yes/No

v) Has the Applicant or any of the members, in case of a consortium, suffered bankruptcy/insolvency in the last five years?

Yes/No

Note: If answer to any of the questions at ii) to v) is yes, the Applicant is not eligible for this consultancy assignment.

1.5

Does the Applicants firm/company (or any member of the consortium) combine functions as a consultant or designer along with the functions as a contractor and/or a manufacturer?

Yes/No



If yes, then for this work does the Applicant (and other member of the Applicants consortium) agree to limit the Applicants role only to that of a consultant/ designer and to disqualify themselves, their associates/ affiliates and/or parent organization subsequently from work on this Project in any other capacity (including tendering relating to any goods or services for any part of this Project) other than that of consultant and/or designer for RLDA?

Yes/No

1.6 Does the Applicant intend to borrow or hire temporarily, personnel from contractors, manufacturers or suppliers for performance of the Consulting Services?

Yes/No

If yes, does the Applicant agree that it will only be acceptable as Consultant, if those contractors, manufacturers and suppliers disqualify themselves from subsequent execution of work on this Project (including tendering relating to any goods or services for any other part of the Project) other than that of the Consultant?

Yes/No

If yes, have any undertakings been obtained (and annexed) from such contractors, manufacturers, etc. that they agree to disqualify themselves from subsequent execution of work on this Project and they agree to limit their role to that of consultant/ designer for RLDA only?

Yes/No

(Signature of the Authorised Signatory)

(Name and designation of the Authorised Signatory)

(Name and seal of the Applicant/Lead Member)



Form - 3


Statement of Legal Capacity

(To be forwarded on the letter head of the Applicant)

Ref. Date:

To,

DGM/Project

Rail Land Development Authority,

Moti Bagh-I,


New Delhi 110021.

Sub:- Appointment of Architect and Financial Consultant for Commercial Development of Thane Station, Maharashtra

Ref.:- Tender No. RLDA/RFP/CT-1 of 2013

We hereby confirm that we, the Applicant (along with other members in case of

consortium, constitution of which has been described in the Proposal*), satisfy the terms

and conditions laid out in the RFP process.

We have agreed that ________________ (insert Applicants name) will act as the Lead

Member of our consortium.

We have agreed that _________________ (insert individuals name) will act as our

Authorised Representative/ will act as the Authorised Representative of the consortium

on our behalf and has been duly authorized to submit our Proposal. Further, the

authorised signatory is vested with requisite powers to furnish such letter and

authenticate the same.

Yours faithfully,

Authorised Signatory

For and on behalf of ______________

*Please strike out whichever is not applicable



Form - 4


Power of

amended and corrected rfp-thane

Documents

proposal document rfp

statutory authority

behalf of rlda

interpretation of law

financial study

prospective applicants

various assumptions

safdarjung railway station