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STANDARD BIDDING

DOCUMENT
FOR
PROJECT MANAGEMENT CONSULTANCY for “Construction of Foundations,
Substructure & Superstructure alongwith River Training/Protection Work,
Earthwork & Allied works for 05 Important Railway Bridges over Donal Khad,
Dabatwali khad, Balaknath Khad, Dharot I Nala & Dharot II Nala between Km
3.50 to Km 20.00 in connection with Construction of Bhanupali-Bilaspur-Beri
New BG Line in the States of Punjab & Himachal Pradesh, India”.

RAIL VIKAS NIGAM LIMITED


ST
1 Floor, August KrantiBhawan, Bhikaji Cama Place,
Africa Avenue, New Delhi-110066

Tel +91-11-26738502/26738517 Fax +91-11-26738592/26182957


Email: s.dhiman@rvnl.org; gautamkumar.bhakat@rvnl.org

Page 1 of 188
Page 2 of 188
RAIL VIKAS NIGAM LIMITED
(A Government of India Undertaking)

Ref: RVNL/BBB/Important Bridge/PMC/BR.1 DATED: 01/08/ 2019

DOCUMENTS OF REQUEST FOR PROPOSAL

PROJECT MANAGEMENT CONSULTANCY

FOR

“Construction of Foundations, Substructure & Superstructure


alongwith River Training/Protection Work, Earthwork & Allied
works for 05 Important Railway Bridges over Donal Khad,
Dabatwali khad, Balaknath Khad, Dharot I Nala & Dharot II
Nala between Km 3.50 to Km 20.00 in connection with
Construction of Bhanupali-Bilaspur-Beri New BG Line in the
States of Punjab & Himachal Pradesh, India”.

August, 2019

(SBD > Rs.7 Cr. dated 24.05.2019) Page 3 of 188 Page 1 of 2


SECTION CONTENTS

1 Notice Inviting `Request for Proposals’

2 Instructions to Consultant, Data Sheet &


Selection Criteria

3 Proposal Forms (Technical & Financial)

4 Terms of Reference

5 Form of Agreement, General Conditions of


Contract and Special Conditions of Contract

(SBD > Rs.7 Cr. dated 24.05.2019) Page 4 of 188 Page 2 of 2


RVNL/BBB/Important Bridge/PMC/BR.1
RAIL VIKAS NIGAM LIMITED
(A Government of India Enterprise)

SECTION 1

REQUEST FOR PROPOSALS

Ref: RVNL/BBB/Important Bridge/PMC/BR.1 DATED: 01/08/ 2019

1. RAIL VIKAS NIGAM LIMITED (RVNL), having its Corporate office at 1st
Floor August Kranti Bhavan, Bhikaji Cama Place, New Delhi – 110066,
India is a Public Sector Enterprise set up as a wholly owned Government
Company under the provisions of Section 617 of Companies Act., invites
sealed proposals on single stage Two packet system, from experienced and
reputed Consultants, that are registered in India, to provide Project
Management Consultancy Services for the following works : -

“Construction of Foundations, Substructure & Superstructure alongwith


River Training/Protection Work, Earthwork & Allied works for 05
Important Railway Bridges over Donal Khad, Dabatwali khad, Balaknath
Khad, Dharot I Nala & Dharot II Nala between Km 3.50 to Km 20.00 in
connection with Construction of Bhanupali-Bilaspur-Beri New BG Line in
the States of Punjab & Himachal Pradesh, India”.

Period of Completion: 30 months plus 6 months Defect Liability Period


for the work.

2. Scope of Consultancy Services: The scope of the Project Management


Consultancy Services required by RVNL for the above mentioned Project is
detailed in in Section 4 (Terms of Reference) of the RFP Document.

3. RFP document can be downloaded free of cost from RVNL website


www.rvnl.org and the Proposals can be submitted on the downloaded
document.

Please note that, drawings, if any, referred to in the RFP document, but not
uploaded with the RFP document, can be viewed in this office on any working
day. The Tenderer can also have a copy of the same on payment of non-
refundable cost of Rs. 5,000/- (Rupees Five Thousand only) by a crossed
Demand Draft on any Scheduled bank payable at New Delhi drawn in favour of
Rail Vikas Nigam Limited, New Delhi.

It will be the responsibility of the Consultant who is submitting the proposal


on down loaded RFP document to check and see any
addendum/corrigendum issued in this regard from the website from time to
time and ensure submission of proposal along with all
addendum/corrigendum.

4. Proposal Security: The proposals must be accompanied by Proposal


Security of INR 46.13 Lakh in the form of Bank Demand Draft drawn on
any Scheduled Bank in India. Proposal Security may be also in the form of
Section 1 Page 1 of 2
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RVNL/BBB/Important Bridge/PMC/BR.1
Bank Guarantee drawn on Scheduled/Nationalised Bank in India. Non
submission of the requisite Proposal Security shall lead to summary
rejection of the proposal.

5. Special Provisions for Micro and Small Enterprises (MSEs): MSEs


registered with District Industries Centers/ Khadi and Village Industries
Commission/ Khadi and Village Industries Board/Coir Board/ National
Small Industries Corporation/ Directorate of Handicraft and Handloom/
‘Udyog Aadhaar’ – The Online Portal of MSME/ Any other body specified
by Ministry of MSME are exempted from the payment of RFP document fee
and proposal security for this tender

6. Receipt of Proposals: Sealed proposals must be dropped in the nominated


tender box or delivered to the address given in Para 8 below not later than
11:00 Hrs on 26/09/2019. Proposals will be opened on the same day at
11:30 hours in presence of Consultants’ representatives who choose to
attend. Rail Vikas Nigam Limited will not be responsible for any delay in
receiving the RFP documents by the Consultant or in receipt of their
proposals. RVNL reserves the right to accept/reject any or all proposals
without assigning any reason thereof. .

7. A Consultant will be selected under Quality and Cost Based Selection


(QCBS) method by giving weightage to and adding the Technical &
Financial evaluation scores. Detailed method and procedures including
weightage for Technical and Financial score are described in ‘Section 2 –
Instruction to Consultants (ITC) including Data Sheet and Hurdle Criteria
‘of the RFP. .

8. Address For Communication:


Chief Project Manager - I, Telephone No. 0172 - 2730197
Rail Vikas Nigam Limited,
First Floor, Railway Recruitment Board Telefax No. 0172 - 2730197
Building,
Railway colony, Near Chandigarh Railway Email address: piurvnlcdg@gmail.com
Station,
Chandigarh 160002 Mobile No. 9779238000

9. Pre-Bid Meeting: - A pre-bid meeting will be held on 20/08/2019 at 11:30


Hrs in the Corporate Office of Rail Vikas Nigam Limited, at 1st floor,
August Kranti Bhavan, Bhikaji Cama Place, New Delhi- 110 066 to clarify
any issues and answer any queries on any matter relating to the services, as
stated in the clause 2 of ITC.

Chief Project Manager-I


Rail Vikas Nigam Limited
First Floor, Railway Recruitment Board Building,
Railway colony, Near Chandigarh Railway Station,
Chandigarh 160002

Section 1 Page 2 of 2
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RVNL/BBB/Important Bridge/PMC/BR.1

PROJECT MANAGEMENT CONSULTANCY SERVICES


FOR

“Construction of Foundations, Substructure &


Superstructure alongwith River Training/Protection
Work, Earthwork& Allied works for 05 Important Railway
Bridges over Donal Khad, Dabatwali khad, Balaknath
Khad, Dharot I Nala & Dharot II Nala between Km 3.50
to Km 20.00 in connection with Construction of
Bhanupali-Bilaspur-Beri New BG Line in the States of
Punjab & Himachal Pradesh, India”.

SECTION 2

Section 2 Page 1 of 43
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RVNL/BBB/Important Bridge/PMC/BR.1

CONTENTS OF SECTION 2

Sl No Description Page

1 Instructions to Consultants 5 to 30

31 to 33
2 Data Sheet (Annexure-I)

3 Data Sheet Attachment 1 34 to 35


(Hurdle Criteria)

Data Sheet Attachment 2 36 to 43


4 Site Facilities

Section 2 Page 2 of 43
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RVNL/BBB/Important Bridge/PMC/BR.1

CONTENTS

Clause Sub-Clause Particulars


1. INTRODUCTION
1.1 Background
1.2 Selection of Consultants
1.3 Familiarization of Site and other details of the Projects
1.4 Examination of RFP Documents
1.5 Joint Proposal
1.6 Conflict of Interest
1.7 Fraud and Corruption
1.8 Only one Proposal
1.9 Proposal Validity
1.10 Participation of Government Employees
2. CLARIFICATIONS AND AMENDMENTS TO
RFP
DOCUMENTS
2.1 Pre-bid Meeting
2.2 Clarifications
2.3 Addendum
3. PREPARATION OF THE PROPOSAL
3.1 Components
3.2 Language
4. THE PROPOSAL
4.1 General
4.2 Proposal Letter
4.3 Documents Comprising Proposal Format
4.4 Proposal Content
5. SUBMISSION, RECEIPT AND OPENING OF
PROPOSALS
5.1 Submission of Fully Responsive Proposal
5.2 Submission of Proposals
5.3 Deadline for submission of Proposals

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5.4 Proposal Security


5.5 Modifications and withdrawal of proposals
5.6 Opening of Proposals
5.7 Proposal Evaluation

6. - NEGOTIATIONS
7. - CONFIDENTIALITY
8. - AWARD OF CONTRACT
9. - NOTIFICATION OF AWARD
10. - SIGNING OF CONTRACT
11. - PERFORMANCE SECURITY
12. - CONTRACT COMMENCEMENT DATE
13. - TIME OF COMPLETION
Annex 1 Data Sheet
Attachment 1 to Data Sheet: Hurdle Criteria
Attachment 2 to Data Sheet: Facilities for the
Consultant

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INSTRUCTIONS TO CONSULTANTS

1 INTRODUCTION
1.1 Background: Rail Vikas Nigam Limited is a Public Sector Enterprise created by
Ministry of Railways, Government of India, and has been vested with the
responsibility of implementing this Project. The status and scope of work of this
project is included in Section 4. The works contracts for this project are in the process
of being awarded

1.2 Selection of Consultants:


1.2.1 Rail Vikas Nigam Limited (RVNL), hereinafter called the Employer, will select
consulting firm/organization, called the ‘Consultant’ for project management of
railway project from amongst the eligible consultants who have submitted their
proposals in response to Request for Proposal (RFP) against ‘Notice Inviting
Proposals’ (NIP), a copy of which is placed in Section 1, in accordance with the
method of selection specified in these ‘Instructions to Consultants’ (ITC).

1.2.2 Eligibility and Qualification Criteria:


I. Eligibility: Only firms that are registered or incorporated in India are eligible to
compete. A subsidiary company, registered/incorporated in India may utilize the
financial and technical credentials of their parent/holding company having more
than 90% share in the subsidiary company either at its own (directly) and/or
combined (indirectly) through one or more of its subsidiary companies. The
technical credentials of subsidiary(ies) in which shareholding of the
parent/holding company is more than 90% either at its own (directly) and/or
combined (indirectly) through one or more of its subsidiary companies, shall be
treated as the credentials of parent/holding company. This will be subject to
submission of undertaking by the parent/holding company in the prescribed
format in Form 14 of Section 3.
II. The eligibility of the firm will be adjudged based on the hurdle criteria and
Quality based evaluation criteria, to shortlist the Consultants for opening of
Financial proposals, as detailed in Para 5.7.

III. Personnel –

a) CVs for the positions of Project Manager(s) and Resident Engineer (s)
shall be required to be submitted along with the proposal in Form 8C
fulfilling the qualification and experience as prescribed in Form 8A,
which shall be evaluated. Only one CV should be submitted for each
position. In case more than one CV are submitted for one position, the CV
obtaining lowest marks shall be considered for arriving at the total score
of the Consultant.

b) The firm will be required to submit an undertaking at the time of submission of


the Proposal through para 4 (ii) of TPSS regarding list of names of personnel
for positions other than those mentioned in (a) above.

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The Firm is also required to submit an undertaking at the time of submission


of Proposal through para 4 (iii)of TPSS regarding deployment of personnel at
the required time as requested by RVNL.

c) For the purpose of the relevant experience of the Personnel as prescribed in


respective Form 8A,(i)Railway line means any Railway line including Metro
Rail but excluding Tramway & Mono Rail (ii) Highway means National
Highway or State Highway or Expressway or similar Highway.

d) The proposed Personnel should not have any history of involvement in


vigilance/CBI/SPE/Police case resulting in major penalty punishment of
removal/ dismissal/compulsory retirement or conviction for being eligible to
be engaged for the consultancy. Personnel who have been debarred from
Project Management Consultancy by RVNL, and whose period of debarment
is not over before deadline for submission of proposal for Key Personnel for
whom CVs are required to be submitted along with the proposal or before date
of proposing the name of such personnel by the Consultant for other
Personnel, shall also not be eligible to be engaged for the consultancy.

IV. Staffing Schedule: The firm will be required to submit an undertaking that
consultant shall deploy the personnel as per RVNL’s advice from the Staffing
schedule which will be decided by RVNL.

V. Approach and Methodology: The firm will be required to submit an


undertaking that the Approach and Methodology for the project will be
decided by the consultants in consultation with contractor and Employer as per
stipulations in the construction contract agreement(s) for which the
consultancy services are contemplated. It will be ensured that the approach
and methodology prepared is in compliance to requirements in section 4 of the
RFP document.

VI. Responsiveness:The firm should have submitted the proposal in accordance


with the guidelines in the Instructions to Consultants and it should meet the
required response as per check list given in Datasheet Attachment 1.

VII. The Consultant shall be disqualified if:


a) The consultant has been blacklisted/ banned for business dealings for all
Government Departments, or by Ministry of Railways or by RVNL at any
time till finalization of proposals, except in cases where such
blacklisting/banning has been withdrawn by Competent Authority or has
ceased on the deadline for submission of the proposals, for which
satisfactory evidence is to be produced.
b) Any previous contract of the consultant had been terminated for
Consultant’s failure by Rail Vikas Nigam Ltd.(RVNL) at any time starting
from 2 years before the deadline for submission of proposals and upto one
day before the date of opening of financial proposals;

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i. Provided, however, there is no stay order or declaration by any Court


against such termination of the Contract by the Rail Vikas Nigam Ltd. or
such termination of the Contract has not been revoked by Rail Vikas Nigam
Ltd.
c) The consultant has suffered bankruptcy/insolvency or it is in the process of
winding-up or there is a case of insolvency pending before any Court on the
deadline of submission of proposals or thereafter till finalization of
proposals.
d) The consultant is found ineligible by the Employer, in accordance with
ITC-1.7.
e) The consultant has been declared by RVNL to be a poor performer and the
period of poor performance is still in force on the deadline for submission
of proposals.
Or
The consultant has been declared by RVNL to be a poor performer at any
time after the deadline for submission of proposals and upto one day before
the date of opening of financial proposals.
f) The consultant has changed their name or created a new business entity as
covered by the definition of “Allied Firm” under para 1102 (iii) of Chapter
XI of Vigilance Manual of Indian Railways (available on website of Indian
Railways), consequent to having been banned business dealings or
suspended business dealings or having been declared a poor performer.
The Consultant shall submit an affidavit stating that they are not liable to be
disqualified as per this sub clause using the appropriate Performa given in
Section 3. Non-submission of an affidavit by the consultant shall result in
summary rejection of his proposal.

VIII. Consultant shall immediately inform the Employer in case they cease to fulfill
eligibility in terms of ITC 1.2.2 (VII) & 1.6. In case the consultant fails to
inform the Employer or submits a false affidavit his proposal shall be
summarily rejected and proposal security shall be forfeited. The consultant
shall also be liable for Banning of Business dealings for a period up to five
years.

1.3 Familiarization of Site and other details of the Projects:


1.3.1 Consultants should familiarize themselves with local conditions and take them into
account in preparing their Proposals. To obtain first-hand information on the
assignment and local conditions, Consultants are encouraged to visit the project site.
1.3.2 The Bid Documents floated for the execution of the works of this Project, related
drawings, and RVNL Standard Specifications for Materials and Works are available
in the Office of the Employer at the address specified in Data Sheet. The Consultants
may examine these documents at any time during the working hours in this Office.
1.4 Examination of RFP Documents: In preparing their Proposals, Consultants are
expected to examine in detail the documents comprising the RFP. Material
deficiencies in providing the information requested in the RFP documents may result
in rejection of Proposal.

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1.5 Joint Proposal: Not permitted

1.6 Conflict of Interest:


RVNL requires that Consultants provide professional, objective and impartial
advice and at all times hold the Client’s interests paramount, avoid conflicts with
other assignments or their own corporate interests and act without any
consideration for future work. Consultants shall not be recruited for any
assignment that would be in conflict with their prior or current obligations to other
clients, or that may place them in a position of not being able to carry out the
assignment in the best interest of the Client. Without limitation on the generality
of the foregoing, Consultants, and any of their associates shall be considered to
have a conflict of interest and shall not be recruited under any of the
circumstances set forth below:
i) If a consultant combines the function of consulting with those of contracting
and/or supply of equipment and/or supply of services other than consulting; or
ii) If a consultant is associated with or affiliated to a contractor or manufacturer for
this project; or
iii) If a Consultant is owned by a contractor or a manufacturing firm with departments
or design offices offering services as Consultants. The Consultant should include
relevant information on such relationships along with a statement in the Proposal
cover letter to the effect that the Consultant will limit its role to that of a
Consultant and disqualify itself and its associates from work, in any other capacity
or any future project within the next five years, that may emerge from this
assignment (including bidding for any part of the future project). The Consultant
selected to undertake this assignment will give an appropriate undertaking to such
effect, while signing the agreement; or
iv) If there is a conflict among consulting assignments, the Consultant (including its
personnel and sub-consultants) and any subsidiaries or entities controlled by such
consultant shall not be recruited for the relevant assignment.
A Consultant cannot be recruited to carry out an assignment that, by its nature,
will result in conflict with another assignment of such Consultant. For example, a
Consultant engaged to prepare engineering design for an infrastructure project
shall not be recruited to prepare an independent environmental assessment or to
proof check the designs for the same project. Similarly, a Consultant assisting a
client in privatization of public assets shall neither purchase nor advise purchasers
of such assets or a Consultant hired to prepare Terms of Reference for an
assignment shall not be recruited for the assignment in question.
There are generally 3 types of consultancy services in RVNL i.e.
(i) Pre-Investment studies (PETS & Bankability Studies),
(ii) Detailed Engineering & Design (FLS & DDE) and
(iii) Project Implementation (PMC).
If a consultancy firm has carried out pre-investment studies mentioned in (i) above,
there may be advantage for appointing the same firm to carry out the consultancy
mentioned in (ii) and (iii) above. Hence there is no conflict of interest involved for a
firm doing the consultancy for (i) and/or (ii) and/or (iii).

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1.7 Fraud and Corruption:


1.7.1 The Consultants are required to observe the highest standard of ethics during the
procurement and execution of such contracts. In pursuance of this policy, the
following shall apply:
(i) For the purposes of this provision, the terms are defined as set forth below as
follows:
a) “Corrupt Practice” means behaviour on the part of officials in the public or
private sectors by which they improperly and unlawfully enrich themselves
and/or those close to them, or induce others to do so, by misusing the
position in which they are placed, and it includes the offering, giving,
receiving, or soliciting of anything of value to influence the action of any
such official in the procurement process or in contract execution; and
b) “Fraudulent Practice” means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the borrower, and includes collusive practices among
Consultants (prior to or after proposal submission) designed to establish
proposal prices at artificial, non-competitive levels and to deprive the
borrower of the benefits of free and open competition.
(ii) Employer will reject a Proposal for award if it determines that the Consultant
recommended for award has engaged in corrupt or fraudulent practices in
competing for the contract; and

(iii) Employer will declare a firm ineligible either indefinitely or for a stated period of
time, to be awarded a contract if it, at any time, determines that the firm has
engaged in corrupt or fraudulent practices in competing for, or in executing, and
the assignments awarded by RVNL.

1.8 Only one proposal :


1.8.1 If a Consultant submits or participates in more than one Proposal, such a Consultant
shall be disqualified.

1.9 Proposal Validity


1.9.1 The Data Sheet indicates how long the Consultants’ Proposals must remain valid
after the submission date.
1.9.2 The Employer will make its best effort to finalise the Contract within this period. In
exceptional circumstances, the Employer may request Consultants to extend the
validity period of their Proposals. The request and the responses shall be made in
writing. In case Consultant extends validity of their proposal, the proposal security as
furnished in accordance with ITC 5.4, shall also be extended upto the date mentioned
in the letter of request for extension. Consultants have the right to refuse to extend the
validity period of their Proposals.

1.10 Participation of Government Employees:


The Government employees are not permitted to undertake any assignment without
the approval of the Government as per extant Government rules. In addition to this,
no close relatives of RVNL staff should be proposed for participation in the
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assignment.In case CV of a serving Government Employee is submitted with a


proposal, the same will be evaluated and assigned marks. However, the said person
before joining the PMC assignment shall have to resign and obtain necessary
approval of the Government.

2 CLARIFICATIONS AND AMENDMENTS TO RFP DOCUMENTS


2.1 Pre-bid Meeting:
A pre-bid meeting will be held at the place, time and date specified in the Data Sheet.
2.2 Clarifications: Consultants may request a clarification of any of the RFP documents
prior to pre-bid meeting. Any request for clarification must be sent in writing to the
address indicated in the Data Sheet. The Employer will respond in writing and will
send written copies of the response, including an explanation of the query but without
identifying the source of inquiry, to all Consultants who have purchased the RFP
documents. Should the Employer deem it necessary to amend the RFP as a result of a
clarification, it shall do so following the procedure detailed under Sub-Clause 2.3.
2.3 Addendum: At any time prior to the submission of Proposals, the Employer may,
whether at its own initiative, or in response to a clarification requested by a firm,
amend the RFP by issuing an addendum. The addendum shall be sent to only those
consultants who have purchased the Document, at any time prior to issue of
addendum. Addendum shall also be uploaded on RVNL web site for others. To give
Consultants reasonable time in which to take an amendment into account in their
Proposals, the Employer may at its discretion, if the amendment is substantial, extend
the deadline for the RFP submission

3 PREPARATION OF THE PROPOSAL


3.1 Components:
Consultant’s Proposal will consist of separate Technical and Financial proposals of
the firm as detailed in Para 5.2.
3.2 Language:
The Proposal, as well as all related correspondence exchanged by the Consultants and
the RVNL, shall only be in English. All reports prepared by the contracted Consultant
shall also be in English.
4 THE PROPOSAL
4.1 General: The Proposal should clearly demonstrate the Consultant’s understanding of
the requirements of the services, capability and approach for carrying out the tasks for
the project management set forth in the RFP document through the nominated experts.
In preparing the Proposal, Consultants are expected to take into account the
requirements and conditions of the RFP documents. All information provided in
Consultants’ Proposal will be treated as confidential.

4.2 Proposal :The Proposal should include a Technical Proposal Submission Form (Form
1A) and a Financial Proposal Submission Form (Form 1B) signed by person(s) with full
authorization to make legally binding contractual (including financial) commitments on
behalf of the firm.

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4.3 Documents Comprising Proposal Format


4.3.1 The consultant shall submit the proposal compiling all details and information as
under:

S.N. Particulars Remarks

In a separate sealed envelope


superscribed “Technical Proposal”
1. Technical Proposal
in accordance with clause 5 of
section 2
i) Proposal submission Form Form 1 A
ii) Power of Attorney Form 2

iii) Consultant’s Information Form 3


Sheet
iv) Specific Consultancy Form 4
Experience

v) Net Worth Form No. 5

vi) Proposal Security (Bank Form 6


Guarantee)

vii) Summary of Information for Form 8 B


Project Manager(s) &
Resident Engineer(s)
viii) CV for proposed Project Form 8 C
Manager(s) & Resident
Engineer(s)
ix) Firms audited Financial Data Form 10
for last 3 financial years
x) Audited Balance Sheets for -
last 3 financial years
xi) Proof of payment of Proposal In a separate envelope superscribed
Security. “Proposal Security”.
xii) Affidavit as per clause 1.2.2 Form No. 12
(VII) of Section2
In a separate sealed envelope
superscribed “Financial Proposal”
2 Financial Proposal in accordance with clause 5 of
section 2
i) Proposal submission Form Form 1 B

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S.N. Particulars Remarks

ii) Remuneration : Proposed Form 11


Billing Rates for Key
Personnel, Supervisor and
Office staff Team

4.3.2 The Proposal must be submitted in hard copy.


4.3.3 Documents related to financial information: The Financial information requires
completion of two forms namely Form 1B and 11 These are to be prepared as
under:

(i) Form 1B in Section 3, forming the covering letter for proposal.


(ii) Forms 11 shown in Section 3 relate to the costs of consulting services i.e.
Remuneration billing rates for personnel divided into three subheads (A)
Key Personnel (B) Supervisors and (C) Office Staff Team.
(iii) Form 11 specifies the proposed cost(s) and the figures provided therein will be
read out aloud at the public opening of Financial Proposals.
(iv) Forms 1Band 11 should be typed on the Consultants’ Letter Heads exactly in
the same format of the forms.
(v) In Form 1A & 1B, an undertaking is to be given that, in preparation and
submission of the Technical and Financial information, Consultants have:
 Not taken any action which is or which constitutes a corrupt or fraudulent
practice as defined in the RFP documents; and
 Agreed to allow RVNL, at its option, to inspect and audit all accounts,
documents, and records relating to the Consultant’s Proposal and to the
performance of the ensuing Consultant’s Contract.
4.3.4 Proposal Prices: The amount stated in Form 11 Section 3, shall be the proposal
price.
4.3.5 Currency: Consultants have to submit their offer in INR.
4.3.6 Tax Liability: The Consultant is liable to pay taxes as applicable. While the GST
will be paid extra as applicable to the Consultant by the Employer, all other taxes
shall be payable by the Consultant. RVNL shall be deducting taxes deductible at
source as per relevant Tax Laws/other applicable laws in India.

4.4 Proposal Content:


The Proposals and qualification details shall be furnished for in accordance with the
formats given in Section 3 and elaborated in clause 4.3 of these ITC and shall ensure
the following:
i) The proposals and qualification details shall concise, relevant, complete and
furnished in accordance with the formats given in Section 3 and elaborated in
clause 4.3 of these ITC .

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5 SUBMISSION, RECEIPT AND OPENING OF PROPOSALS


5.1 Submission of Fully Responsive Proposal:
5.1.1 The Consultant shall submit a fully responsive proposal including all the
supporting documents requested in the RFP. Non-compliance with important
requirements may result in rejection of the proposal. Once the proposals are
received and opened, consultants shall not be required nor permitted to change the
substance, the key staff, quoted fee and so forth except at the time of negotiations
carried out in accordance with the provisions of the RFP. However, the Employer
may ask in writing from the Consultants any clarifications/informations based on
the documents submitted with the proposal considered necessary for evaluation,
but not having any affect on the quoted fee and the substance of the proposal.
Proposals must be delivered at the address given in the Data Sheet (Section 2) on
or before the time and date stated in the Data Sheet or any new date established by
the RVNL according to provisions of Sub-Clause 2.2.
5.1.2 The Consultants shall submit the proposals ensuring the following:
(i) The RFP document issued by the Employer in full duly initialled on all pages
by the authorized signatory shall be enclosed and shall form part of Proposal.
Note: Forms 1B, and 11 in the RFP document issued by RVNL, should not be filled
as the same are to be submitted in the Financial Proposal on the
consultant’s letter head typed in the format of the Form as available in the
RFP.

(ii) The authorized signatory of the Consultant shall initial all pages of the hard
copy of the Technical and Financial Proposal.

(iii) All the corrigenda/addenda issued pursuant to clause 2.3 must be serially
enclosed with the Proposal duly initialled on all pages which forms part of the
RFP document.
(iv) Technical and Financial proposals shall be submitted in two separate sealed
envelopes in accordance with clause 5.2.
(v) The Proposal Security shall be enclosed in a separate envelope in the packet of
Technical Proposal
(vi) The proposal shall be in single copy
(vii) Undertakings/Affidavits as per requirement of RFP.

5.1.3 Proposal (both Technical and Financial Proposals) shall contain no interlineations
or overwriting, except as necessary to correct errors made by Consultants
themselves or to evidence provision of a price discount (which discount will be
applied in the manner specified in Clause 5.7.3.2 (iii). The person(s) who signed
the Proposal must initial any such corrections, interlineations or overwriting.

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5.2 Submission of Proposals:


5.2.1 The Proposal to be sent to the Employer shall be placed in a sealed envelope
clearly marked “ORIGINAL PROPOSAL”.
5.2.2 The sealed envelope/packet shall contain two separate sealed envelopes/packets, as
under:
i) Sealed Envelope/Packet containing Original Technical Proposal should
be superscribed “TECHNICAL PROPOSAL”. This packet will
contain all Forms of Section 3 except Forms 1B & 11 as envisaged in
RFP and all other relevant data specified in the RFP documents. All
forms should be typed on Consultants’ letter head in the exact format of
the Forms. This envelop or packet should also include one envelop
superscribed “Proposal Security” in Original.
ii) Sealed Envelope/Packet containing Original Financial Proposal should
be superscribed “FINANCIAL PROPOSAL”. This packet will contain
only Forms 1B & 11 as envisaged in RFP and all other relevant data
specified in this RFP documents. All forms should be typed on
Consultants’ letter head in the exact format of the Forms.
All the envelopes must be addressed as below.

TENDER NO.
DUE ON :
(Do not open before Due Date)
Original Proposal/Technical Proposal / Financial Proposal

To
(Address as specified in Data Sheet)
From:
(Name and address of Consultant)

5.3 Deadline for submission of Proposals:


Proposals must be received by the Employer at the address specified in Data Sheet in
accordance with clause 5.2 of these ITC, not later than the time and date specified in
the Data Sheet or extended date in accordance with clause 2.3 of ITC. Proposals
received after this deadline will be rejected and returned to the Consultant unopened.

5.4 Proposal Security:


5.4.1 (I)The Proposal Security as stated in Data Sheet may be furnished in the form of;
(a) a Cashier’s or Banker’s certified cheque or Bank Draft drawn on a
Scheduled/Nationalized Bank in India in favour of “Rail Vikas Nigam
Limited” payable at New Delhi
OR
(b) an unconditional Bank Guarantee in the prescribed form given in Section 3,
Form 6, from the banks acceptable to the Employer as mentioned below:
(i) a Scheduled Bank in India

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(ii) a Foreign Bank having their operations in India or


(iii) a Foreign bank which does not have operations in India is required to
provide a Counter Guarantee by State Bank of India.
The proposal security shall be valid upto the date as mentioned in BDS (Data
Sheet) or upto the date mentioned in the letter of request for extension in case
extension is requested under ITC 1.9.2.
(II) Non submission of requisite Proposal Security in the form, as specified above,
will lead to summary rejection of the proposal and such proposal shall be
returned unopened.
5.4.2 The Proposal Security of unsuccessful consultants will be returned as promptly as
possible but not later than thirty (30) days after the expiration of the validity of the
proposal prescribed in clause 1.9 of these ‘Instructions to Consultants’. In case any
Consultant has submitted proposal Security in the form of Demand Draft it shall be
returned by cheque or at the request of the Consultant it can be returned through
RTGS/NEFT.
5.4.3 The Proposal Security of the successful Consultant shall be returned promptly once
the successful Consultant has furnished the required Performance Security and
signed the Contract Agreement.
5.4.4 The Proposal Security may be forfeited for any of the reasons mentioned below:
a) if a consultant withdraws its proposal during the period of proposal validity;
b) if consultant fails to accept Arithmetic Corrections as per Para 5.7.3.2 (ii);
c) in case of a successful consultant, if the consultant fails to;
i) Sign the contract in accordance with clause 9 of these ITC
ii) Furnish Performance Security in accordance with clause 10 of these
ITC.
d) If the Consultant fails to submit a list of personnel along with CVs in prescribed
format in terms of sub-clause 1.2.2 (III) within a period of 30 days from the
issue of Notification of Award;
e) if the undertaking of the affidavit submitted by the Consultant in pursuant
to Sub-Clause 1.2.2 (VII) is found false at any stage during evaluation;
f) if any tampering or changes are made in the RFP document;
g) if the consultant violates any other provision of RFP document.

5.5 Modifications and Withdrawal of Proposals:


5.5.1 The Consultant may modify or withdraw its proposal after submission, provided
that the modification, substitution or written notice of withdrawal of the proposal is
received by the Employer in a sealed envelope prior to the deadline prescribed for
submission of proposals.
5.5.2 The Consultant’s modification or withdrawal notice shall be packaged and
despatched in accordance with clause 5.2 of these ITC.
5.5.3 No proposal may be withdrawn in the interval between the deadline for submission
of proposals and the expiration of period of proposal validity. Withdrawal of a
proposal during this interval shall result in forfeiture of its proposal security
pursuant to clause 5.4.3 of these ITC.

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5.6 Opening of Proposals:


5.6.1 Opening of Technical Proposal
(a) The Employer will open the proposals at the time and place specified in the ITC
Data Sheet. Consultant’s representatives may attend the opening, and those who
are present shall sign a register evidencing their attendance.
(b) No proposal shall be rejected at the proposal opening stage, except for late
proposals, which shall be returned unopened to the consultant pursuant to clause
5.3
(c) The envelope containing proposals of modifications or withdrawal of Consultants
will first be opened. In case of withdrawals, the name of the Consultant and the
details of withdrawal will be noted in the Register. Further opening of sealed
envelopes/packets of such a Consultant will be stopped. The unopened
envelopes/packets will be returned to the Consultant.
(d) In case of modifications the name of the Consultant and the details of
modifications will first be noted in the Register. Subsequently action will be
taken as mentioned in the Sub paras below.
(e) Then the sealed envelope/packet superscribed “TECHNICAL PROPOSAL” will
be opened. The relevant details will be noted in the Register.
(f) The sealed envelope/packet superscribed “FINANCIAL PROPOSAL” will NOT
be opened.
5.6.2 The Consultants names, proposal of withdrawal or modification and the presence
or absence of Proposal Security, and such other details as the Employer may
consider appropriate, will be announced at the opening.
5.6.3 The details of withdrawals, proof of payment of cost of RFP, proposal security,
modifications, details contained in the Technical proposals of the various
consultants will be examined by the nominated Tender Committee to decide on the
opening of Financial proposals of eligible Consultants.
Note: The offers of such Consultants who have withdrawn their offers, who
have not submitted proposal security, who do not fulfil the eligibility criteria
(ITC clause 1.2.2), whose offers are not responsive as decided by the Tender
committee will be rejected. The financial proposal of such Consultant(s) will
not be opened and will be returned to them subsequently unopened.
5.6.4 The Financial Proposals of the Consultants shortlisted in technical evaluation, will
be opened in the presence of Representatives of shortlisted Consultants who
choose to attend at the specified venue, date and time. The shortlisted Consultants
will be given reasonable notice regarding specified venue, date and time of
opening of their financial proposals.
5.6.5 Opening of Financial Proposals:
(i) The Employer shall conduct the opening of Financial Proposals of consultants
who submitted substantially responsive technical proposal and who have
determined qualified as a result of technical evaluation, in the presence of
consultant’s representatives who choose to attend at the address, date and time
specified by the Employer. The consultant’s representatives who are present
shall be requested to sign a register evidencing their attendance.

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(ii) The Employer’s Representative will inspect the sealed envelope/packet


containing “FINANCIAL PROPOSALS” of the selected consultants to confirm
that packets have remained sealed and unopened.
(iii) The name of the Consultants and the technical scores of the Consultants shall be
read out.
(iv) The Financial Proposals of consultants will then be opened. The name of the
Consultant along with the relevant details in the financial proposal will be
written down in the Register.
(v) The name of the consultant and details of the relevant portions of the Financial
Proposals as decided by the Employer will be announced.

5.7 Proposal Evaluation


5.7.1 SYSTEM OF EVALUATION OF PROPOSALS
Quality and Cost Based Selection (QCBS) method shall be used to evaluate the
Consultancy proposals. The Consultants who submit substantially responsive
proposals conforming to the RFPshall be taken up for further evaluation as per clauses
5.7.2 to 5.7.4..

5.7.2 EVALUATION OF TECHNICAL PROPOSALS

5.7.2.1 Each substantially responsive proposal shall be evaluated to ascertain whether it


fulfils the Hurdle Criteria as specified in clause 5.7.2.2 below.

5.7.2.2 HURDLE CRITERIA

Criteria Requirement Compliance Documents


Requirements Submission
Single Entity Requirements
5.7.2.2.1 Net Worth
Submission of audited balance sheets or, if not
required by the law of the Consultant’s country,
other financial statements acceptable to the
Employer, for the last three years to
demonstrate the current soundness of the
Consultants financial position and its must meet requirement FORM -5
prospective long-term profitability. As a
minimum the Consultants net worth calculated
as difference between total assets and total
liabilities should be positive for each of the last
three years.

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Criteria Requirement Compliance Documents


Requirements Submission
Single Entity Requirements
5.7.2.2.2 Average Annual Consultancy Turnover
Minimum average annual consultancy
turnover of INR 24.61 Crore or US$ 12.30
Million, calculated as total certified
consultancy payments received for contracts in
progress or completed, within the last three
years
must meet requirement Form 10
Note:
Requirement of turnover from Consultancy
Services shall be in US$ when applicant is
utilising the credentials of foreign
parent/holding company otherwise the same
shall be in INR.
5.7.2.2.3 Contracts of Similar size and nature:
The Consultant should have
completed/substantially completed at least
one contract of Project Management
Consultancy services/Services of
Independent Engineer in the last 7 years
before the deadline for submission of the
proposals (the services actually provided
under the contract must include construction
supervision), of minimum value of:
(a) INR 6.15 Crore in case of project in India
or US$ 3.08 Million for project
elsewhere,for Railway Projects/Metro
Railway Projects,
OR
must meet requirement Form 4
(b) INR 12.30 Crore, in case of project in
India or US$ 6.15 Million for project
elsewhere, for Highway projects/Airport
Projects which includes Runway &
Taxiway systems.
(a) Note:
1) The contract should have been completed
within this period irrespective of date of
start.
2) The PMC/Independent Engineer Contract
shall be treated as completed as on the date
of commissioning of the project (excluding
defect liability/ maintenance period) or
completion of the services as certified by

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Criteria Requirement Compliance Documents


Requirements Submission
Single Entity Requirements
the Employer.
3) Any contract of such Project Management
Consultancy Services/ Services of
Independent Engineer shall be treated as
substantially completed if the consultancy
fee received under the said contract is at
least 80% of the contract value and the
consultancy fee so received should be equal
to or more than the minimum value stated
above.

Only proposals of those Consultants who meet the ‘Hurdle Criteria’ specified
under Para 5.7.2.2 shall be taken up for further quality based technical evaluation
in the second stage as under.

Note:
a) For the purposes of technical evaluation of Applicants for services rendered in India,
Rs. 60 per US$ shall be considered as the applicable currency conversion rate. In case
of any other currency, the same shall first be converted to US$ as on the date 28
(twenty eight) days prior to the deadline for submission of proposals and the amount
so derived in US$ shall be converted into INR at the aforesaid rate. The conversion
rate of such currencies shall be the daily representative exchange rates published by
the International Monetary Fund for the relevant date.

b) For the purposes of technical evaluation of Applicants for services rendered outside
India and in case of any currency other than US $, the same shall be converted to US$
as on the date 28 (twenty eight) days prior to the deadline for submission of proposals.
The conversion rate of such currencies shall be the daily representative exchange rates
published by the International Monetary Fund for the relevant date.

c) In case the turnover figures of applicants utilising the credentials of foreign


parent/holding company are in any currency other than US$, the same shall be
converted to US$ as on the date 28 (twenty eight) days prior to the deadline for
submission of proposals. The conversion rate of such currencies shall be the daily
representative exchange rates published by the International Monetary Fund for the
relevant date.

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5.7.2.3 Quality based evaluation to shortlist the Consultants for opening of their
financial proposals: The following four criteria shall be used to evaluate the
technical proposals for assessing the technical scores;
(i) Experience of similar work;
(ii) Average Annual consultancy turnover,
(iii) Number of engineers with the firm,
(iv) Qualification and experience of Key Personnel

The marking system for evaluation under each criterion of the Technical Proposals
shall be as given below.

S.No. Description Marks


(i) Experience of similar work 325

(ii) Average Annual Consultancy Turnover


Average Annual Consultancy Turnover for last three financial 75
years

(iii) Number of engineers with the firm 75

(iv) Qualification and experience of Key Personnel (525 Marks)

(a) Project Manager(s) 210


(b) Resident Engineer(s) 315

Total of (i) + (ii) + (iii) + (iv) 1000


NOTE: Where the number of personnel requirement specified is more than one
under a particular category, each personnel shall be evaluated against the
proportionate number of marks specified for that category. For example, the marks
for individual Project Manager in the above table shall be 105 if requirement of two
Project Managers is specified i.e. 210 divided by 2. The total score for the category
of Project Manager shall be the sum of the individual scores of all personnel
proposed as Project Managers.
5.7.2.4 Assigning scores for the different criteria as listed below:-

(i) Experience of similar projects i.e. contracts of similar size and nature (325
marks): For completed/substantially completed similar contracts in India or
elsewhere of value as indicated in para 5.7.2.2.3 above, marks for experience
will be allocated for as per the following:-

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For single substantially completed contract. 225


For single completed contract. 250
For two substantially completed contracts. 250
For one completed and one substantially completed contract 275
For three substantially completed contracts 275
For one completed and two or more substantially completed 290
contracts
For four or more substantially completed contracts 290
For two completed contracts. 300
For two completed and one or more substantially completed 315
contracts
For three or more completed contracts 325

(ii) Average annual consultancy turnover for last three years (75 marks):
Marks will be allocated for as per the following:-
Description Marks
Having Average Annual Consultancy Turnover>= INR–24.61 Crore 75%
or US$–12.30 Million and upto INR–36.91 Crore or US$–18.46
Million.

Having Average Annual Consultancy Turnover more than INR– 85%


36.91 Crore or US$–18.46 Million and upto INR–49.22 Crore or
US$–24.61 Million

Having Average Annual Consultancy Turnover more than INR– 95%


49.22 Crore or US$–24.61 Million and upto INR–61.52 Crore or
US$–30.76 Million

Having Average Annual Consultancy Turnover more than INR– 100%


61.52 Crore or US$–30.76 Million

(iii) Number of Engineers with minimum qualification as Graduate Engineers


continuing with the firm in India for at least one year prior to deadline for
submission of proposals (75 marks): The number of personnel should be
supported by a certificate from the Auditor. Marks will be allocated for as per
the following :-

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Description Marks
Having < 15 personnel Zero
Having personnel between 15 to 20 45
Having personnel between 21 to 30 55
Having personnel between 31 to 40 65
Having personnel > 40 75

5.7.2.4 (iv) For Qualification and Experience of Key Personnel (525 marks): For this
purpose, Project Manager(s) and Resident Engineer(s) shall be evaluated. 210 marks
shall be allotted for Project Manager(s) and 315 marks for Resident Engineer(s).
These total marks shall be divided equally among the number of personnel required
for the particular position. In case the proposed personnel is not eligible in terms of
ITB 1.2.2 (III) (d), then the personnel shall be disqualified and his CV shall be
assigned Zero marks and for eligible personnel, weightage in evaluation of CVs shall
be as under:

(I) Project Manager/Civil


a) Professional Qualification – 30 percent. The breakup of this 30 percent
shall be as under:-
i) Essential - Diploma in Civil Engineering – 22percent (also refer note No.
3 of Form 8A(1/18))
ii) Preferred - Graduation in Civil Engineering – add 6 percent
iii) Preferred - Degree/Diploma in Project Management/Construction
Management or Fellow of Institution of Engineers/ Institution of P. Way
Engineers – add 2 percent.

b) Length of experience – 70 percent. The breakup of this 70 percent shall


be as under:-
Experience shall be divided into two parts i.e. total professional experience
and relevant experience for the assignment. For the position of Project
Manager/Civil total professional experience shall be assigned 25 percent
and relevant experience shall be assigned 45 percent.
i) If the person is having of total experience < 15 years for Graduate Degree
holder or <20 years for Diploma holder, no marks shall be assigned out of
25 percent,
ii) If the person is having 15 years experience for Graduate Degree holder or
20 years experience for Diploma holder, he shall be assigned 18 percent,
and additional one percent shall be assigned for each additional year of
experience subject to maximum of total 25 percent.
iii) For relevant experience as per Form 8A (1/18) < specified experience, no
marks shall be assigned out of 45 percent.
iv) For relevant experience as per Form 8A (1/18) having experience equal to
specified experience, 35 percent shall be assigned, and for each additional

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year of relevant experience 2 percent shall be assigned subject to


maximum of total 45 percent.
Note: No separate marks shall be assigned for meeting the hurdle criteria
specified under relevant experience. Only when the hurdle criteria is met,
marks for relevant experience shall be allotted as per above methodology.

Note: In case the Project Manager/Civil is not having the relevant Railway
experience then Resident Engineer/Civil reporting to him must have Railway
experience as stipulated in the relevant Form 8A. The Consultants shall clearly
mention in their proposal the name of the Resident Engineer/Civil with Railway
experience who shall be reporting to this Project Manager/Civil not having relevant
Railway experience. If the Consultants fails to mention the same then zero marks
shall be assigned to such proposed person while evaluating the technical proposal.
However, in case it is noted during evaluation that any Resident Engineer/Civil with
the stipulated relevant Railway experience is available but the Consultant has not
indicated his deployment with any such Project Manager/Civil, the Consultant shall
be given an opportunity by the Employer to comply with the above condition by way
of seeking clarification, whether the Consultant intends to deploy the said Resident
Engineer/Civil with such Project Manager/Civil.

(II) Resident Engineer/Steel Bridges


a) Professional Qualification – 30 percent. The breakup of this 30 percent shall
be as under:-
i) Essential – Diploma in Civil Engineering – 22 percent (also refer note No.
2 of Form 8A(3/18))
ii) Preferred – Graduate in Civil Engineering – add 6 percent
iii) Preferred - Degree/Diploma in Project Management/ Construction
Management or Fellow of Institution of Engineers/ Institution of P. Way
Engineers– add 2 percent.
b) Length of experience – 70 percent. The breakup of this 70 percent shall be
as under:-
Experience shall be divided into two parts i.e. total professional experience
and relevant experience for the assignment. For the position of Resident
Engineer/Steel Bridges, total professional experience shall be assigned 25
percent and relevant experience shall be assigned 45 percent.
i) If the person is having < 10 years for Graduate Engineer or < 15 years for
Diploma Holder of total experience, no marks shall be assigned out of 25
percent,
ii) If the person is having 10 years for Graduate Engineer or 15 years for
Diploma Holder of total experience, he shall be assigned 18 percent, and
additional one percent shall be assigned for each additional year of
experience subject to maximum of total 25 percent.
iii) For relevant experience as per Form 8A (3/18) <specified experience, no
marks shall be assigned out of 45 percent.
iv) For relevant experience as per Form 8A (3/18)having experience equal to
specified experience, 35 percent shall be assigned, and for each additional

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year of relevant experience 2 percent shall be assigned subject to


maximum of total 45 percent.
Note: No separate marks shall be assigned for meeting the hurdle criteria
specified under relevant experience. Only when the hurdle criteria is met,
marks for relevant experience shall be allotted as per above methodology.

(III) Resident Engineer/Sub Structure/Civil


a) Professional Qualification – 30 percent. The breakup of this 30 percent
shall be as under:-
i) Essential - Diploma in Civil Engineering – 22 percent (also refer to note
No. 2 of Form 8A(2/18))
ii) Preferred –Graduate Degree in Civil Engineering – add 6 percent
iii) Preferred – Degree/Diploma in Project Management/ Construction
Management from a recognized institute or Fellow of Institution of
Engineers/ Institution P.Way Engineers– add 2 percent.
b) Length of experience – 70 percent. The breakup of this 70 percent shall be
as under:-
Experience shall be divided into two parts i.e. total professional experience
and relevant experience for the assignment. For the position of Resident
Engineer/Sub Structure (Bridge Contract), total professional experience shall
be assigned 25 percent and relevant experience shall be assigned 45 percent.
i) If the person is having < 10 years for Graduate Engineers or < 15 years
for Diploma Engineers of total experience, no marks shall be assigned out
of 25 percent,
ii) If the person is having 10 years for Graduate Engineers or 15 years for
Diploma Engineers of total experience, he shall be assigned 18 percent,
and additional one percent shall be assigned for each additional year of
experience subject to maximum of total 25 percent.
iii) For relevant experience as per Form 8A (2/18) < specified experience, no
marks shall be assigned out of 45 percent.
iv) For relevant experience as per Form 8A (2/18) having experience equal to
specified experience, 35 percent shall be assigned, and for each additional
year of relevant experience 2 percent shall be assigned subject to
maximum of total 45 percent.
Note: No separate marks shall be assigned for meeting the hurdle criteria
specified under relevant experience. Only when the hurdle criteria is met,
marks for relevant experience shall be allotted as per above methodology.

(IV) Resident Geotechnical Engineer


a) Professional Qualification – 30 percent. The breakup of this 30 percent shall
be as under:-
i) Essential – Degree in Civil Engineering – 22 percent (also refer to note
No. 2 of Form 8A(4/18))
ii) Preferred –Graduate Degree in Civil Engineering – add 6 percent

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iii) Preferred – Degree/Diploma in Project Management/ Construction


Management from a recognized institute or Fellow of Institution of
Engineers/ Institution P.Way Engineers– add 2 percent.
b) Length of experience – 70 percent. The breakup of this 70 percent shall be
as under:-
Experience shall be divided into two parts i.e. total professional experience
and relevant experience for the assignment. For the position of Resident
Geotechnical Engineer, total professional experience shall be assigned 25
percent and relevant experience shall be assigned 45 percent.
i) If the person is having < 10 years for Graduate Engineers of total
experience, no marks shall be assigned out of 25 percent,
ii) If the person is having 10 years for Graduate Engineers of total
experience, he shall be assigned 18 percent, and additional one percent
shall be assigned for each additional year of experience subject to
maximum of total 25 percent.
iii) For relevant experience as per Form 8A (4/18) < specified experience, no
marks shall be assigned out of 45 percent.
iv) For relevant experience as per Form 8A (4/18) having experience equal to
specified experience, 35 percent shall be assigned, and for each additional
year of relevant experience 2 percent shall be assigned subject to
maximum of total 45 percent.
Note: No separate marks shall be assigned for meeting the hurdle criteria
specified under relevant experience. Only when the hurdle criteria is
met, marks for relevant experience shall be allotted as per above
methodology.

5.7.2.5 Total Score of Key Personnel [Project Manager(s) and Resident


Engineer(s)]:
Each Key Personnel [Project Manager(s) and Resident Engineer(s)] is
expected to score atleast 70% marks for being eligible for deployment in the
proposed position. However, if any of the personnel proposed by the
Consultants score less than 70%, the score shall be carried forward for a
maximum upto 2 Key Personnel to ascertain the total score of the Consultant.
In such a case the concerned Consultant(s) shall be asked to submit an
undertaking through a clarification to be sought by the Employer giving details
of personnel securing less than 70% marks, that the personnel proposed
securing less than 70% marks shall be replaced at the time of initial
deployment. However, the original marking of the personnel shall not be
changed/amended even after submission of undertaking.
In case the concerned Consultant(s) fails to submit such an undertaking within
7 days of issue of letter by the Employer, the proposal of such Consultant(s)
shall be considered disqualified and shall not be evaluated further.
In case more than 2 Key Personnel proposed by the Consultant scores less than
70% then the proposal shall be considered disqualified and shall not be
evaluated further.

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5.7.2.6 Selection and short listing of Consultants for opening of Financial


Proposals based on total score obtained in Technical Evaluation:

Only the top five consultants, in the descending order of the marks obtained
(with a minimum marks as specified in Data Sheet), will be shortlisted for
opening of financial proposals. If the number of consultants who have obtained
a minimum marks as specified in Data Sheet is less than five, but a minimum
of 2, the same shall be shortlisted for opening of financial proposals.
However, if the number of such consultants shortlisted is less than 2, RVNL
may shortlist the consultant with the next highest scores in descending order
having obtained a minimum of 600 marks. In such an event, the total number of
shortlisted consultants will be restricted to TWO only.
The criteria to be used for ranking of consultants obtaining the same score,
to restrict the total number of shortlisted consultants to five/two, will be as
under:-
i) If the total score of two or more consultants is the same, the consultant
having obtained the higher score for “Experience of similar work” shall be
rated higher in the ranking.
ii) In the eventuality that the total score as well as score for “Experience of
similar work” is the same the consultant having obtained the higher score
for “key personnel” will be rated higher in the ranking.
5.7.3 EVALUATION OF FINANCIAL PROPOSALS
5.7.3.1 Financial Proposals will be reviewed to ensure that -
(i) The figures provided therein are consistent with the details of the
corresponding Technical Proposal(e.g. staffing schedule etc);
(ii) The commercial terms in each proposal in financial document will be checked
for compliance set forth in the Data Sheet and other clauses of the RFP
document.

5.7.3.2 The Evaluated Total Price for each Proposal will be determined as under:-
(i) Proposals containing financial information will be checked for computational
errors or material omissions, and prices will be corrected and adjusted as
necessary. In the case of material omissions, the cost of the relevant Proposal
will be increased by application of the highest rate and quantity of the omitted
item as provided amongst the other submitted and opened Financial Proposals.
(ii) The Employer shall correct arithmetical errors on the following basis:
(a) If the rate has been quoted both in words and in figures and there is a
discrepancy in such rates, then the rate in words shall prevail;
(b) If the rate has been quoted either in words or in figures only, then the
same shall be considered for evaluation of the amount for the item;
(c) If there is a discrepancy between the rate and the amount that is obtained
by multiplying the rate and quantity, the rate shall prevail and the amount
shall be corrected; and
(d) If there is an error in a total corresponding to the addition or subtraction
of subtotals, the subtotals shall prevail and the total shall be corrected.

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If the Consultant that submitted the lowest evaluated proposal does not
accept the correction of errors, its proposal shall be disqualified and its
proposal security may be forfeited.
(iii) If a discount has been offered in any Proposal, such discount will be applied
pro-rata to the rate of each item and the net rate shall be rounded off to 2
decimal places. The net rate so calculated shall then be used for calculating the
amount for each item. The sum of the amounts of all items so calculated shall be
the overall Evaluated Proposal Price.

5.7.3.3 The Evaluated Total Price will be worked out for all Financial Proposals as above.
The lowest Evaluated Total Price will be given a financial score of 1000 points. The
other proposals will be given financial scores that are inversely proportional to their
Evaluated Total Prices. The following formula shall be used to calculate the
financial scores:-
Sf = 1000 x Fm/F
where
Sf - Financial score of the proposal under consideration
Fm - Lowest Evaluated Total Price
F - Evaluated Total Price of the proposal under consideration

5.7.4 EVALUATION OF COMBINED SCORE:


Following completion of evaluation of Technical and Financial Proposals, final
ranking of the Proposals will be determined. This will be done by applying a
weightage to the technical and financial score of each evaluated qualifying
Technical and Financial Proposal and then computing the total Combined
Score (S) for each Consultant as given below
Combined Score, S = (St x Wt) + (Sf x Wf) where:
S = Final score
St = Technical score
Sf = Financial score
Wt = Weightage of technical score
Wf = Weightage of financial score
The weightages (Wt & Wf) to be applied to the technical and financial scores
respectively shall be as indicated in the Data Sheet. The proposal with highest
combined total score will be ranked first; second highest score will be ranked
second; and so on..

However, in the event the proposals of two or more Consultants have the same scores
in the final ranking, the Consultant having obtained higher score in technical proposal
shall be rated higher in the ranking.
6 Negotiations
6.1 Normally Negotiations are not allowed. However, if required, negotiations will be held
at the address indicated in the Data Sheet. Representatives conducting negotiations on

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behalf of the Consultant must have written authority to negotiate technical, financial, and
other terms and conclude a legally binding agreement.

6.2 DELETED
6.3 The financial negotiations will generally relate to the financial proposal like experts
remuneration and other unit rates.

7 Confidentiality
7.1 Information relating to evaluation of Proposals and recommendations concerning
contract award shall not be disclosed to Consultants who submitted Proposals or to other
persons not officially concerned with the recruitment process until the winning firm has
been notified and contract awarded.

8 Award of Contract
8.1 The Employer reserves the right to accept or reject any proposal and to annul the bidding
process and reject all proposals at any time prior to award of contract, without thereby
incurring any liability to the Consultants. In case of annulment, all proposals submitted
and specifically, proposal securities shall be promptly returned to the Consultants.
8.2 The Employer shall award the Contract to the Consultant whose proposal is substantially
responsive to the RFP Document, provided further that the Consultant is determined to
be qualified to perform the Contract satisfactorily and whose offer has been determined
as first rank (having highest combined total score) as per ITC 5.7.4 and after successful
negotiations, if any, subject to ITC 8.3 below.
8.3 The Employer has the right to review at any time prior to award of contract that the
qualification criteria, as specified in ITC 1.2.2 and 1.6, are still being met by the
Consultant whose offer has been determined as first rank. A Proposal shall be rejected if
the qualification criteria, as specified in ITC 1.2.2 and 1.6, are no longer met by the
Consultant whose offer has been determined as first rank. In this event the Employer
shall proceed to the Proposal next in rank to make a similar reassessment of that
Consultant’s capabilities to perform satisfactorily.

9 Notification of Award
9.1 After completion of negotiations(if any), prior to the expiration of proposal validity, the
Employer will notify the successful consultant in writing through registered letter, fax
and/or e-mail that its proposal has been accepted by the Competent Authority at RVNL’s
Corporate Office at Delhi or CPM’s Office.
9.2 The notification of award will constitute the formation of contract.
9.3 Deleted
9.4 Upon the successful consultant’s furnishing of the performance security, pursuant to
clause 10 of these ITC, the Employer will promptly notify the other Consultants who
submitted Proposals that they were unsuccessful and will discharge their Proposal
Security, pursuant to clause 5.4.2.
10 Signing of Contract
10.1 After the Employer notifies the successful consultant that its proposal has been
accepted and the consultant has furnished the performance security in accordance with

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Clause 10 of ITC, the Employer will send Form of Contract provided in the Request for
Proposals, incorporating all agreements between the parties, to the consultant.
10.2 Within twenty eight (28) days of receipt of the Contract Form, the successful
consultant shall sign and date the contract and return it to the Employer. By mutual
agreement, the contract signature date may be postponed by up to thirty (30) days.

11 Performance Security
11.1 Within twenty eight (28) days of the receipt of notification of award from the
Employer, the successful consultant shall furnish the performance security for an
amount as specified in Data Sheet in accordance with the Conditions of Contract, using
the Form 7 provided in the Request for Proposals Section 3 or another form acceptable
to the Employer.
11.2 Failure of the successful consultant to comply with the requirements of ITC Clause 9 or
ITC Clause 10.1 shall constitute sufficient grounds for the annulment of the award and
forfeiture of the proposal security.

12 Contract Commencement Date


12.1 The Data Sheet indicates the anticipated date for the commencement of the contract
services.
12.2 The actual date of commencement shall be within fifteen (15) days of the Notice to
Proceed given by the Employer in accordance with the provisions of clause 4 of
contract agreement in Section 5 of RFP.

13 Time of Completion: As indicated in Data Sheet.

14 The bidding process shall be governed by and construed in accordance with the laws of
India and the Courts as indicated in Data Sheet shall have exclusive jurisdiction over all
the disputes/issues arising under, pursuant to and/ or in connection with the bidding
process.

15 Special Provisions for Micro and Small Enterprises (MSEs):


i) Applicants registered with the agencies (as mentioned in para iii) below) as micro
or small enterprise (MSE) are exempted from the payment of RFP/bidding
document fee.
ii) Applicants registered with the agencies (as mentioned in para iii) below) as micro
or small enterprise (MSE) will be exempted from deposit of Proposal/Bid
Security.
iii) Applicants who are interested in availing themselves of above benefits will
enclose with their proposal;
a) The proof of their being micro or small enterprise (MSE) registered with
any of the following agencies;
1. District Industries Centers
2. Khadi and Village Industries Commission
3. Khadi and Village Industries Board
4. Coir Board
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5. National Small Industries Corporation


6. Directorate of Handicraft and Handloom
7. ‘Udyog Aadhaar’ – The Online Portal of MSME
8. Any other body specified by Ministry of MSME.
b) Supporting document(s) indicating the terminal validity date of registration
which should be a date after the deadline for submission of proposals.

Failing which, their proposals shall not be liable for consideration of benefits
detailed in para (i) & (ii) above.

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Annex 1 (Section 2)

DATA SHEET

Clause Item Data


Ref.
1.2 Selection of Quality and Cost Based Selection (QCBS) method
Consultants.
1.2.1 Name of the Employer Rail Vikas Nigam Limited, New Delhi
1.9 Validity of the 120 days from the deadline of submission of proposal
Proposals
2.1 Pre-bid Meeting : 11:00 hours on 20.08.2019
time, date and venue at RVNL Corporate office, 1st Floor, August Kranti
Bhawan, Bhikaji Cama Place, New Delhi-110066
2.2 Name and Address of Chief Project Manager-I,
the Employer where the Rail Vikas Nigam Limited
correspondence
Off : First Floor, Railway Recruitment Board
concerning this Request
Building
for Proposal is to be
sent: Railway colony, Near Chandigarh Railway Station,
Chandigarh 160002
Tele FAX - 0172-2730197
Email- piurvnlcdg@gmail .com
4.3.6 Local Taxation The Consultant is liable to pay taxes as applicable.
While the GST will be paid extra as applicable to the
Consultant by the Employer, all other taxes shall be
payable by the Consultant. RVNL shall be deducting
taxes deductible at source as per Tax Laws/other
applicable laws in India.

Facilities to be provided Employer will arrange to provide the facilities as


by the Employer indicated in the Attachment 2 to this Data Sheet .
5.1.2(v) Cost of RFP Documents Rs.5,000/- (Rupees Five thousand only)
5.2 Address of Employer Chief Project Manager-I,
where Consultant must Rail Vikas Nigam Limited
submit the proposal in
Off : First Floor, Railway Recruitment Board
sealed cover .
Building
Railway colony, Near Chandigarh Railway Station,
Chandigarh 160002
Tele FAX - 0172-2730197
Email- piurvnlcdg@gmail .com

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5.3 Deadline for Submission 11:00 hours on 26.09.2019


of Proposals
5.4 Proposal Security INR 46.13 Lakh

5.4.1(I) Proposal Security The proposal security shall be valid upto


06/03/2020
5.5 Opening of Technical 11.30 hours on 26.09.2019
Proposals
5.7.2.6 Minimum Technical 750 out of 1000
Score
5.7.4 Weightage to be applied The weightage to be applied to the technical score
to the Technical and (Wt) : 0.80 (or 80%) and
Financial Proposal The weightage to be applied to the financial score
Score (Wf) : 0.20 (or 20%)
11 Performance Security Within 28 days of issue of Letter of
Acceptance/Award (LOA) @10% of the value of the
accepted Contract amount and in the same
currency(ies) of the Accepted Contract amount in the
form of an unconditional Bank Guarantee for the
stated amounts in the format prescribed in Form-7
and valid for a period of 28 days beyond issue of
performance certificate (Initially Performance
Security shall be valid upto 28 days beyond the
specified completion of the consultancy contract).
OR
Within 28 days of issue of Letter of
Acceptance/Award (LOA) @6% of the value of the
accepted Contract amount and in the same
currency(ies) of the Accepted Contract amount in the
form of an unconditional Bank Guarantee for the
stated amounts in the format prescribed in Form-7
and valid for a period of 28 days beyond issue of
performance certificate (Initially Performance
Security shall be valid upto 28 days beyond the
specified completion of the consultancy contract)
and balance 4% of the value of the accepted contract
amount shall be recovered from the monthly
payments @ 8% of the amount of monthly payment.
12 Expected date for 15/11/2019
commencement of
consulting services
13 Time of Completion 30 months
14 Jurisdiction of Courts Delhi
Note:

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1) In the event of the dates refer to in this document happen to be a holiday; the next
working day shall be applicable.
2) For the Minimum value of similar contract and nature the Consultant should submit
actual cost of the project management services/services of independent Engineer
completed/substantially completed. For evaluation purposes, value of the services
rendered in India and paid in INR shall be updated based on the rupee value on the day
upto which fee received has been certified to bring them to the price level to the date of
deadline for submission of proposals as per the formula given below;
A = B [1+(5/36500) x N]
Where
A = updated value of the services on deadline for submission of proposals.
B = value of the services on the date of completion
N = number of days between date of completion and deadline for submission of
proposals.
The base date for updating purpose shall be considered as the date of completion
certified by the employer.
3) For Consultancy turnover, the actual figure should be indicated by the Consultant. For
evaluation purposes, the turnover figures for Indian applicants in INR shall be updated
to the level of latest year indicated in form 10 based on the rupee value on the last day
of the year to which the figures belong, as per formula indicated in note 2 above.

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Annex 1 (Section 2)
Attachment 1
ATTACHMENT 1 to DATA SHEET
HURDLE CRITERIA
1. General:
1.1 The evaluation of valid proposals received shall be carried out by the Tender
Committee (TC) on the basis of responsiveness to the TOR and the criteria
specified below.
1.2 The proposals received by RVNL in response to RFP shall be examined in five
stages as under:

S.No. Particulars Criteria Remarks


1. Responsiveness Hurdle Includes submission in accordance
with the guidelines in the
`Instructions to Consultants’.
2. Hurdle Based Technical Hurdle To be evaluated as per Clause
Evaluation 5.7.2.2 of Section 2
3. Quality Based Marking To be evaluated as per Clause
Technical Evaluation System 5.7.2.3 to 5.7.2.6of Section 2
4 Financial Evaluation Marking To be evaluated as per Clause 5.7.3
System of Section 2
5 Combined Score Rank To be evaluated as per Clause 5.7.4
Evaluation System of Section 2

2. Responsiveness: To be examined as under:

S. No. Item Required Response

In case the consultant being interested in availing


themselves benefits extended to MSEs in terms of
ITC clause 15, has the Consultant enclosed the proof
1 of their being MSE registered with agencies and Yes
supporting document(s) indicating terminal validity
date of registration which is a date after the deadline
for submission of proposals?
Is Proposal Security furnished?
2 (Not applicable for MSEs being interested in availing Yes
themselves benefits extended to MSEs in terms of
ITC clause 15)
3 Is the proposal received prior to Deadline? Yes

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S. No. Item Required Response

4 Is the Financial proposal in a sealed envelope? Yes


All the pages of proposal are numbered and
5 Yes
initialled?
6 Submitted P.O.A.? Yes
Submitted audited Balance Sheets for last 3 financial
7 Yes
years?
8 Is the Consultant registered in India? Yes
9 Has the firm submitted audited financial data for last Yes
3 financial years in Form 5 & Form 10?
10 Has the firm submitted data regarding experience in Yes
Form 4?
11 Has the Consultant submitted CVs of Project Yes
Manager(s) and Resident Engineer(s)?
12 Has the Consultant any conflict of interest? No
13 Is the Consultant involved in any fraud and corrupt No
practices?
14 Has the consultant submitted affidavit that he is not Yes
disqualified under clause 1.2.2 (VII) of Section 2?
15 Has the Consultant submitted undertaking from Yes/Not applicable
the parent/holding company as per ITC Clause
1.2.2(I) in Form 14?
16 Whether undertaking for Staffing Schedule, approach Yes
and methodology has been submitted by the
Consultancy firm in Form 1A?
17 PERSONNEL:
Whether undertaking to provide Personnel, other
than Project Manager(s) and Resident Yes
Engineer(s), with qualifications and experience, as
stipulated in the RFP document, has been submitted
by the Consultancy Firm in Form 1A?

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Annex 1 (Section 2)
Attachment 2
ATTACHMENT 2 to DATA SHEET

SITE FACILITIES FOR THE EMPLOYER AND THE ENGINEER (To be provided
by the Construction Contractor as per Chapter 3.0 of Section 6 (Works Requirements)
of the Construction Contract Bid Document)

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Chapter – 3

3.0 SITE FACILITIES FOR THE EMPLOYER AND THE ENGINEER FOR
PACKAGE
3.1 GENERAL
The Contractor shall provide for the use of the Employer / Engineer office
accommodation, equipment, communication & drawing facilities throughout the
course of the work and for such period of time during the defects liability period as
the employer & Engineer may require, The details of the accommodation & the other
facilities are detailed below: All the facilities under this clause will continue to be
maintained by the Contractor free of cost till the defect liability period is over.
Thereafter the Contractor shall dismantle the building and take away all the materials,
office furniture, & equipment etc which will be the property of the Contractor.
However, in case the employer consents to retain the building, the same shall be
separately communicated to the contractor. The provisions of the site facilities will be
paid for separately.

3.2 SITEOFFICES
3.2.1 Accommodation for the Employer/Engineer shall consist of site office to be
constructed by the Contractor at a place decided by the Employer, within Two
months from the date of commencement of the works. In case of delay beyond
Two months in provision of the accommodation either through construction or
hire, penalty @ Rs 10000/- Per week or part thereof will be imposed."
3.2.2 The site office should remain open for 24 hours a day and 7 days a week i.e.
round the clock till the defect liability period is over.
3.2.3 Site Office will provide for the following rooms: However, at intermediate
locations, a minimum essential accommodation shall be provided as per space
availability.
SITE OFFICE for Consultant/Employer to be constructed by Area required
Contractor (Sq. m)
Project Director of RVNL 12
Other Officers of RVNL i.e. Manager & above @10 sqmt each 10
Other Officers of RVNL @5 sqmt each 15
Project Manager of PMC 12
Resident Engineers @ 8 sqmt each(4no.) 32
Experts @ 5 sqmt each(4 no.) 20
Non Key personnels@5 sqmt each (3 no.) 15
Office staff of RVNL and PMC @ 2.0 sqmt each 10
Conference/Visitor Room 24
Computer/Drawing Office 12
Pantry & Kitchen area 10
File and Documents & Instruments Storage 10
Toilets 9
Total “A” 191 M2
Common Area/Verandah @ 10% of “A” above 19 M2
GRAND TOTAL 210 M2

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Note: a) There may be a requirement to construct site office at more than one
location on account of need basis. At such locations, the area to be
provided for shall be as per scale mentioned above. However, total area
for site office shall approximately remain same as given above. The basic
services like water supply, electricity, air-conditioning, toilet and pantry
facility shall necessarly be provided by the contractor even in case of
multiple locations.
b) For the period of construction of site facility, the contractor shall provide a
hired accommodation for office purpose at a location mutually agreed by
Engineer and Contractor.

3.2.4 Materials used for the construction of the offices shall be new and of good
quality. Materials shall be chosen such that the buildings when erected shall
give good ventilation, heat and sound insulation.
3.2.5 All buildings shall be supplied with continuous (24 hour) potable cold water to
the kitchens and wash rooms. The toilets may use raw water for flushing. The
Contractor shall also arrange for the constant and hygienic disposal of all
effluent, sewage and rubbish from the buildings.
3.2.6 All buildings shall be supplied with electricity, AC 240 Voltage 50 Hz that
shall be distributed to each room in accordance with the Regulations. Lighting
and electrical power points shall be provided in each room. The disposition
and location of light and power points will be as directed by the Engineer. 24
hours power supply is to be arranged by contractor to meet full power load. It
should be provided with Air Conditioners of appropriate capacity.
3.2.7 Deleted
3.2.8 Firefighting equipment shall be provided in accordance with the local
recommendations.
3.2.9 Deleted

3.3 FURNITURE AND OTHER OFFICEEQUIPMENT


3.3.1 The Contractor shall supply and maintain at each office the following new
furniture and equipment to the Consultant’s offices within Two month of the
date of commencement of the works until the defect liability period is over:
Description of Item Nos.
Conference table (4000mm x 1500mm) 2
Conference chairs 16
Glass-fronted lockable bookcase 3
1500mm x 900mm double pedestal desk 3
1200mm x 900mm single pedestal desks 8
Swivel office chair with armrests 12
Swivel office chair without armrests 4
Typist chair 2
Visitors chair 8
4-drawer filing cabinet 4
Plan chest (A 0 size) 2
1500mm x 900mm tables 10
Steel lockable cupboard 6ft high with internal shelves 4
Heavy Duty Paper Shredders 2

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Description of Item Nos.


Tele-facsimile transmission/reception facility connected 1 set
to a dedicated line with STD facility
Telephone switchboard connected to 2 external Lines at 10 phones lines
each office with STD facility, and with independent
Internal communication Facilities with conference
facilities.
First aid kits for up to 36 persons 5
Safety helmets 25
Safety harness 20
Safety Shoes (Gum boots of sizes) 15
Reflective Safety vests/Jackets 30
Day-glow waistcoat 30
Pairs industrial safety goggles 6 pairs
5 L kettles 1
2 L kettles 3
Potable water dispenser with hot/cold Taps 6
Cups and plates 20
Fire extinguisher (As required
conforming to
the stipulations
of Local
authorities).
Silent DG set of minimum power of 10 KVA 2
Note: In case of failure to provide the equipments within Two month, penalty @
Rs 5000/- Per week or part thereof will be imposed.

3.4 TRANSPORT
3.4.1 General
The Contract or shall provide road transport (for the use of the Employer and the
Engineer within one month from the date of commencement of the works) and the
Payment for the same shall be covered in relevant schedule of the BOQ

3.4.2 Road Transport


3.4.2.1 Road Vehicle (4 wheeler)
a) The vehicles shall be new and delivered and maintained by the Contractor in
good roadworthy condition including daily cleaning. The vehicle shall be
replaced with a new vehicle after a maximum run of 75000 Km or three years
whichever is earlier.
b) The Contractor shall employ and make available competent drivers fully
licensed to operate the vehicles as and when required by the Engineer/Employer.
The Contractor shall replace drivers at the request of the Engineer/Employer.

c) The vehicles shall be registered and insured for use on the public roads and shall
have comprehensive insurance cover for any qualified driver authorized by the
Engineer together with any authorized passengers and the carriage of goods or
samples.
d) The Contractor shall provide fuel, oil for running of each vehicle for 4000 kms

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monthly and ensure maintenance in conformity with the vehicle manufacturer’s


recommendations and all relevant toll and parking charges incurred in
connection with the Works. The vehicle shall be provided day and night as
required by the Engineer/Employer. If any vehicle is allowed, with the prior
approval of Project Director, to run beyond 4000 Kms in a month the charges for
running of the additional kilometers shall be paid separately under item
9003(c),9003(d) of schedule.
e) A suitable replacement shall be provided by the contractor for any vehicle out of
service for more than 24 hours. If the contractor at any time fails to provide
vehicle(s) or substitute vehicle(s) as specified, an amount of Rs.2000 per day for
each vehicle (that the Contractor failed to provide) shall be recovered from the
Contractor.

3.4.2.2 Motor Bike


(a) The Motor Bike shall be new and delivered and maintained by the Contractor
in good roadworthy condition. A new helmet shall also be provided along with
the bike. The motor bike shall be washed and cleaned once in the month. The
bike shall be replaced with a new Motor Bike after a maximum run of 90000
kms or three years whichever is earlier.
(b) The Motor Bike shall be registered and insured for use on the public roads and
shall have comprehensive insurance cover for any rider having valid driving
license and authorized by the Engineer.
(c) The Contractor shall provide fuel, lubricants and other oils for running of the
Motor Bike for 2500 kms monthly and ensure maintenance in conformity with
the vehicle manufacturer’s recommendations and all relevant toll and parking
charges incurred in connection with the works shall be borne by the
Contractor. The motor bike shall be provided day and night as required by the
Engineer/Employer. If any motor bike is allowed to run beyond 2500 kms in a
month, the charges for running of the additional kilometers shall be paid
separately under item 9006 (a).
(d) A suitable replacement shall be provided by the contractor for any motor bike
out of service for more than 24 hours. If the contractor at any time fails to
provide motor bike as specified, an amount of Rs.400 per day for each motor
bike (that the Contractor failed to provide) shall be recovered from the
Contractor.

3.4.3 Number of Vehicles (4 wheelers) and Motor Bikes


3.4.3.1 The Contractor shall provide the following type of vehicles as per
requirement indicated by the Project Director within one month of the date
of commencement.
Type Numbers
INNOVA, Mahindra XUV 500 or similar 3 (Three)
BOLERO/SCORPIO / ERTIGA / MARAZZO or 10 (Ten)
similar
Motor Bike 150 CC or more, Baja Pulsar / Honda 8 (Eight)
CB Hornet 160 R/ Hero Xtreme Sorts / Suzuki
Gixxer or Similar

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3.4.3.2 The vehicle requirement given in para 3.4.3.1 above is the maximum
requirement of the vehicles at a time. However, requirement in a particular
period will be intimated by the project director to the contractor on
programme basis at least 7 days before the actual date of requirement after
approval of the distribution by the Project Director. The Contractor shall
withdraw particular vehicle(s) if the same is not further required by the
Engineer/Employer if so directed by the Project Director. In such cases the
instructions shall be given in writing 7 days in advance. The requirement
during the Defect Liability Period will be quite less than the maximum
requirement mentioned above.
3.4.3.3 Duration of Transport Requirements
Transport for the Engineer / Employer shall be provided so as to cover the
entire completion period(s) and defect liability period(s). The transport so
provided, as per Para 3.4.2 & 3.4.3, shall continue to be the property of the
Contractor.

3.5 OFFICEMAINTENANCE
3.5.1 The contractor is required to maintain the offices throughout the contract
period and provide the following, but not limited to:
i. Pay all electricity charges.
ii. Reimburse telephone bills for the use of telephone, upto Rs 3000/- per
month for each external landline connection
iii. Pay all water charges.
iv. Carry out necessary repairs to office and equipment as and when
required.
v. Day-to-Day cleaning and maintenance and watch & ward etc
3.5.2 The contractor shall provide within Two months from the Date of
Commencement following personnel in the office as required for watch and
ward of the site office.
Watchmen/Security (3 shifts of 2 men in a shift, till the defect
Liability period is over)
Note: In case of delay beyond Two month, penalty @ Rs 5000/- Per week
or part thereof will be imposed.

3.6 EQUIPMENT FOR USE OF THEENGINEER.

The Contractor shall provide new equipment and software as listed below and
maintain them for the exclusive use of the Employer and the Engineer. The Contractor
shall provide and maintain the following equipment for the use of the Engineer and
the Employer within one month from the date of commencement of the works until
the defect liability period is over. The payment for the same shall be made separately
under relevant BOQ item. On completion of defect liability period, the equipment
shall be property of the Contractor.

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(a) Desktop Computer With minimum specification of Intel Core i7, 3.4 GHz, 3
four nos. MB Cache, 8 GB DDR3 RAM, 1 to 2 TB Hard Disk
Drive, DVD Read-Write, 23” colour TFT monitor, 10/100
LAN Card, Modem Card, Graphic Card 2 GB.

Operating System - Windows 8 Professional or higher


preloaded with media and documentation and certificate
of authenticity and Microsoft Security Essentials
preloaded antivirus software.
(b) Laptop rugged – four With minimum specification of Intel Core i5, 4 GB RAM,
Nos. 500 GB Hard Disk Drive, 15” color display, 2xUSB-2.0,
standard keyboard

Weight - not more than 2.5 kg, Battery backup - minimum


4 hrs
Operating System-Windows 10 or higher preloaded with
media and documentation and certificate of authenticity
and Microsoft Security Essentials preloaded antivirus
software.

A laptop bag and Adapter/Battery charger shall also be


provided with the laptop.
(c) Printers – 6 nos. The A4 size printer shall be all in one officejet having
(A4 size – 3 No. and features of Fax, Scanner and Printer, A3 size printer shall
A3 size – 3 No.) be Colour Officejet with a print speed of more than 8
pages at 800 dpi or More.
(d) LARGE FORMAT HP Model C6084A (3800CP 54 colour Plotter) or similar/
PLOTTER with better
Scanning facility -
ONENO.
(e) Application software (i) Microsoft office latest release(2016).
(ii) AUTOCAD 3D2016
(iii) M S Project/ SureTrack / Primavera.
(iv) PDF Converter/Professional
(v) Staad Pro
(f) Colour scanner- 1 A3 size
no.
(g) Xerox Machine -1 No. for paper prints capable of reduction and copying A3 & A4
size paper with automatic document feeder capability and sorter.
(Canon IR 2530 or similar)
(h) UPS system with sufficient power backup (with minimum backup time of 30
minute) to meet the sufficient power load in case of power disruption.

(i) Surge Protection Devices (one for each computer and printer as given above)

Section 2 Page 42 of 43
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RVNL/BBB/Important Bridge/PMC/BR.1

(j) Power supply for the systems is to be AC 240 volts, 50 Hz from normal building
wiring circuit mains, power regulator, stabilizer or transformer should be supplied
by the Contractor for the computer systems such that the systems can function
efficiently.
(k) 2 MBPS internet connection with WiFi facility so that multiple devices can be
connected.
(l) 50 MBPS wifi HotSpot/USB Dongle with 4 GB data connection and minimum
monthly download limit of 50GB for use with laptops–two nos.

Note: In case of failure to provide the equipment including original software &
internet connectivity within one month, penalty @ Rs 5000/- Per week or
part thereof will be imposed.

3.7 Documentation
A complete set of documentation will be supplied with each System. The
documentation should be self tutorial in nature and be readily understood by non-
computer personnel.
The following manuals will be supplied with the system:
i) Manual on how to operate the equipment; and
ii) Manual on how to use the facilities and software provided by the supplier.
(Including languages and utilities).

Section 2 Page 43 of 43
Page 49 of 188
Page 50 of 188
RVNL/BBB/Important Bridge/PMC/BR.1

PROPOSAL FORMS

(Technical & Financial)

PROJECT MANAGEMENT CONSULTANCY

FOR

“Construction of Foundations, Substructure &


Superstructure alongwith River Training /
Protection Work, Earthwork & Allied works for 05
Important Railway Bridges over Donal Khad,
Dabatwali khad, Balaknath Khad, Dharot I Nala &
Dharot II Nala between Km 3.50 to Km 20.00 in
connection with Construction of Bhanupali-
Bilaspur-Beri New BG Line in the States of Punjab
& Himachal Pradesh, India”.

SECTION 3

Section 3 Page 1 of 60
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RVNL/BBB/Important Bridge/PMC/BR.1

CONTENTS

Form No Description Page


Form – 1 A Technical Proposal Submission Form 3 to 5
Form – 1 B Financial Proposal Submission Form 6 to 8
Form – 2 Format For Power Of Attorney For 9 to 10
Authorised Signatory
Form – 3 Consultant’s Information Sheet 11

Form – 4 Details of Experience of Project


Management Consultancy Service/ 12
Services of Independent Engineer

Form – 5 Net Worth 13


Form – 6 Form for Proposal Security – Bank 14 to 16
Guarantee
Form – 7 Form of Performance Security (Bank 17 to 19
Guarantee)
Form – 8 A Qualification and Experience of 20 to 44
Personnel
Form – 8 B Summary of information on Proposed 45
experts
Form – 8 C Curriculum Vitae of Personnel 46 to 48
Form – 9 Approach & Methodology proposed for 49
performing assignment
Form – 10 Firm’s Financial Data for last 3 years 50
Form – 11 Remuneration: Proposed Billing Rates 51 to 54
for Key Personnel, Supervisor and
Office Staff Team

Form – 12 Format for Affidavit to be submitted by 55 to 56


Consultant along with the proposal

Form – 13 Form of Bank Guarantee for release of 57 to 59


amount withheld under section 6.01 of
GCC

Form – 14 Format for Undertaking to be submitted 60


by Parent/Holding Company of the
Consultant

Section 3 Page 2 of 60
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RVNL/BBB/Important Bridge/PMC/BR.1

FORM -1-A
TECHNICAL PROPOSAL SUBMISSION FORM
(On letter head of the Consultant)

From:
…………………………………
…………………………………
To:

Chief Project Manager,


Rail Vikas Nigam Limited
Off : First Floor, Railway Recruitment Board Building
Railway colony, Near Chandigarh Railway Station,
Chandigarh 160002
Tele FAX - 0172-2730197
Email- piurvnlcdg@gmail .com

Dear Sir,
Sub: Project Management Consultancy for:-

“Construction of Foundations, Substructure & Superstructure


alongwith River Training / Protection Work, Earthwork & Allied
works for 05 Important Railway Bridges over Donal Khad,
Dabatwali khad, Balaknath Khad, Dharot I Nala & Dharot II Nala
between Km 3.50 to Km 20.00 in connection with Construction of
Bhanupali-Bilaspur-Beri New BG Line in the States of Punjab &
Himachal Pradesh, India”.

Ref: RVNL/BBB/Important Bridge/PMC/BR.1 DATED: 01/08/ 2019

1. Having examined the completeness of RFP documents, studied the terms and
conditions of contract stipulated in the RFP documents we, the undersigned
offer to provide project management services for the implementation of the
above work in conformity with the contracts being awarded to Execution
contractors up to the stage of completion of works up to DLP as specified in
the Terms of Reference.

2. We undertake, if our proposal is accepted, to:

(i) Furnish performance security within 28(Twenty eight) days of issue


date of letter of award.
(ii) Enter into the contract agreement within 28 (Twenty eight) days of
issue of Draft Contract Agreement papers.

Section 3 Page 3 of 60
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3. Unless and until a formal agreement is prepared and executed, this proposal
together with your written acceptance thereof shall constitute a binding
contract between us.

4. I/We undertake that:

i. In competing for (and, if the award is made to us, in executing) the


above Contract, we will strictly observe the laws against fraud and
corruption in force in India namely “Prevention of Corruption Act
1988”.
ii. We will submit a list of names of the personnel other than Project
Manager(s) and Resident Engineer(s), immediately required as
indicated in the notification of award, in Forms 8A, 8B along with the
Curriculum Vitae of each personnel in Form 8C, for the persons
having the qualifications and experience as prescribed in Form 8A as
given in section 3, within a period of 30 days from the issue of
Notification of Award. We further undertake that at least one of the
personnel in the list shall have experience of handling project
planning and monitoring using MS Project software in addition to the
Qualification and Experience prescribed for the personnel.
iii. We will deploy the personnel as per RVNL’s advice from the staffing
schedule (as approved by RVNL) within a period of 90 days of the
request of the Employer.
iv. We will decide the Approach and Methodology for the project in
consultation with contractor and Employer as per stipulations in the
construction contract agreement(s) for which the consultancy services
are contemplated. It will be ensured that the approach and
methodology prepared is in compliance to requirements in section 4
of the bidding document.
v. We certify that we do not have any conflict of interest in submission
of this proposal nor we will take up any assignment in future which
will be in conflict with the present assignment, in accordance with
ITC clause 1.6.

5. We certify that in preparation and submission of Technical and Financial


information, we have not taken any action which is or which constitutes a
corrupt or fraudulent practice as defined in the RFP documents.

6. I/We agree to allow RVNL, at its option, to inspect and audit all accounts,
documents, and records relating to the Consultant’s Proposal and to the
performance of the ensuing Consultant’s Contract.

7. Our proposal is valid for 120 days beyond the date of opening of technical
proposal and will be binding on us.

Section 3 Page 4 of 60
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8. We have not made any tampering or changes in the RFP documents on which
the bid is being submitted and if any tampering or changes are detected at
any stage, we understand the bid will invite summary rejection and forfeiture
of proposal security/the contract will be liable to be terminated along with
forfeiture of Performance Security, even if LOA has been issued.

9. We declare that we are not liable to be disqualified in accordance with


ITC 1.2.2 (VII) and for this we have furnished the affidavit.

10. I/We understand that, the Rail Vikas Nigam Limited is not bound to accept
any proposal that the Rail Vikas Nigam Limited may receive.

Yours faithfully,

……………………….
Signature of authorised signatory of Consultant
(Seal)

Address: ……………………..
…………………………………..
……………………………….....

Enclosures: As per ITC, except for Forms 1B & 11

Section 3 Page 5 of 60
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RVNL/BBB/Important Bridge/PMC/BR.1

FORM -1 B

FINANCIAL PROPOSAL SUBMISSION FORM


(On letter head of the Consultant)

From:
…………………………
…………………………

To:

Chief Project Manager,


Rail Vikas Nigam Limited
Off : First Floor, Railway Recruitment Board Building
Railway colony, Near Chandigarh Railway Station,
Chandigarh 160002
Tele FAX - 0172-2730197
Email- piurvnlcdg@gmail .com

Dear Sir,
Sub: Project Management Consultancy for:-

“Construction of Foundations, Substructure & Superstructure


alongwith River Training / Protection Work, Earthwork & Allied
works for 05 Important Railway Bridges over Donal Khad,
Dabatwali khad, Balaknath Khad, Dharot I Nala & Dharot II Nala
between Km 3.50 to Km 20.00 in connection with Construction of
Bhanupali-Bilaspur-Beri New BG Line in the States of Punjab &
Himachal Pradesh, India”.

Ref: RVNL/BBB/Important Bridge/PMC/BR.1 DATED: 01/08/ 2019


***
1. Having examined the completeness of RFP documents, studied the terms and
conditions of contract stipulated in the RFP documents we, the undersigned
offer to provide project management services for the implementation of the
above named works in conformity with the contracts being awarded to
Execution contractors up to the stage of completion of works up to DLP as
specified in the Terms of Reference.

2. We undertake, if our proposal is accepted, to:

(i) Furnish performance security within 28 (twenty eight) days of issue date
of letter of award.
(ii) Enter into the contract agreement within 28 (twenty eight) days of issue of
draft Contract Agreement papers.

3. Unless and until a formal agreement is prepared and executed, this proposal
together with your written acceptance thereof, shall constitute a binding
contract between us.
Section 3 Page 6 of 60
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RVNL/BBB/Important Bridge/PMC/BR.1

4. I/We ………………….. (Name of the Consulting Firm) submit herewith our


Financial Proposal for selection of our firm/organization as Project
Management Consultant for the above mentioned Project.

5. i) Our attached financial proposal is for the sum of Rs. .......(Rupees


..........only) inclusive of all taxes but exclusive of GST.
ii) Our Financial Proposal shall be binding upon us subject to the
modifications resulting from contract negotiations up to expiration of the
validity period of the proposal, i.e. 120 days beyond the date of opening
of Technical Proposal and will be binding on us.

6. If negotiations are held during the validity of the Proposal i.e. before
……………., we undertake to Negotiate on the basis of proposed staff. Our
proposal is binding upon us and subject to …………..Modifications from
contract negotiations.

7. I/We undertake that, in competing for and in executing (if the award is made to
us) the above contract, we will strictly observe the laws of the land in force
against fraud and corruption.

8. We certify that in preparation and submission of Technical and Financial


information, we have not taken any action which is or which constitutes a
corrupt or fraudulent practice as defined in the RFP documents.

9. I/We agree to allow RVNL, at its option, to inspect and audit all accounts,
documents, and records relating to the Consultant’s Proposal and to the
performance of the ensuing Consultant’s Contract.

10. Our financial proposal shall be binding on us subject to modifications


resulting from negotiations up to expiry of the validity period of the
proposal .i.e. 120 days beyond the date of opening of technical proposal
and will be binding on us.

11. We have not made any tampering or changes in the RFP documents on which
the bid is being submitted and if any tampering or changes are detected at any
stage, we understand the bid will invite summary rejection and forfeiture of bid
security/the contract will be liable to be terminated along with forfeiture of
Performance Security, even if LOA has been issued.

12. I/We understand that, the Rail Vikas Nigam Limited is not bound to accept any
proposal that the Rail Vikas Nigam Limited may receive.

Section 3 Page 7 of 60
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Yours faithfully,

………………………..
Signature of authorised signatory of Consultant
(Seal)

Address: ……………………..
Enclosures: As per ITC Form .1B& 11

Section 3 Page 8 of 60
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RVNL/BBB/Important Bridge/PMC/BR.1

FORM 2

FORMAT FOR POWER OF ATTORNEY FOR


AUTHORISED SIGNATORY OF SINGLE ENTITY

POWER OF ATTORNEY*

(To be executed on non-judicial stamp paper of the appropriate value in


accordance with relevant stamp Act. The stamp paper to be in the name of the
company who is issuing the power of Attorney)

Know all men by these presents, we


………………………………………………… (Name of Consultant with
address of the registered office) ……….. do hereby constitute, appoint and
authorize Mr./Ms. …………………………….(name and residential
address …………………….. who is presently employed with us and
holding the position of ……………………………………….. as our
attorney, to do in our name and on our behalf, all such acts, deeds and
things necessary in connection with or incidental to “PROJECT
MANAGEMENT CONSULTANCY for

“Construction of Foundations, Substructure & Superstructure alongwith


River Training / Protection Work, Earthwork & Allied works for 05
Important Railway Bridges over Donal Khad, Dabatwali khad, Balaknath
Khad, Dharot I Nala & Dharot II Nala between Km 3.50 to Km 20.00 in
connection with Construction of Bhanupali-Bilaspur-Beri New BG Line in
the States of Punjab & Himachal Pradesh, India”.

including signing and submission of all documents and providing


information/responses to Chief Project Manager, RVNL, -------representing
us in all matters, dealing with Rail Vikas Nigam Limited in all matters in
connection with our bid for the said project.

We hereby agree to ratify all acts, deeds and things lawfully done by our said
attorney pursuant to this Power of Attorney and that all acts, deeds and things done

Section 3 Page 9 of 60
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RVNL/BBB/Important Bridge/PMC/BR.1

by our aforesaid attorney shall and shall always be deemed to have been done by
us.

Dated this the ……… day of …………. 2019

......................................................
(Signature of authorised Signatory)

………………………………………
(Signature and Name in Block letters of Signatory)
Seal of Company

Witness

Witness 1: Witness 2:
Name: Name:
Address: Address:
Occupation: Occupation:

*Notes:

 To be executed by Single entity where the competence of the authorised


signatory is not supported by a Board Resolution or General Power of Attorney
for such acts (copy of Board Resolution/GPA to be attached).
 The mode of execution of the Power of Attorney should be in accordance with
the procedure, if any, laid down by the applicable law and the charter
documents of the executant (s) and when it is so required the same should be
under common seal affixed in accordance with the required procedure.

Section 3 Page 10 of 60
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RVNL/BBB/Important Bridge/PMC/BR.1

FORM 3

Consultant’s Information Sheet

Consultant’s Information

Consultant’s legal name

Consultant’s country and year


of constitution

Consultant’s year of
Registration in India, if not
constituted in India

Consultant’s legal address in


country of constitution and as
Registered in India

Details of Consultant’s
authorized
representative(name, address,
telephone numbers, fax
numbers, e-mail address)
Number of Engineers with
minimum qualification as
Graduate Engineers continuing
with the firm in India for at
least one year prior to deadline
for submission of proposals
The Consultant shall attach copies of the following original documents with the
form:
1. In case of single entity, articles of incorporation or constitution of the legal entity
named above.
2. Certificate of Constitution/Registration in India
3. Information of Engineers with minimum qualification of Graduate, continuing
with the Firm in India for more than one year will be submitted in the following
format duly certified by Chartered Accountant.-
Serial Number Name of the Qualification Designation Working
Engineer
( Minimum Since
Graduate)

Section 3 Page 11 of 60
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RVNL/BBB/Important Bridge/PMC/BR.1

Form 4
Details of Experience of Project Management Consultancy Service/
Services of Independent Engineer

Fill up one form per contract of PMC /Service of Independent Engineer where
Consultant has rendered services.

Contract No. Contract Name

Actual Completion
Award Date
Date

Category of work (tick √


Railway work/ Highways
as applicable)

Total Contract Value of


Consultancy
Total Consultancy
Contract Amount received
in INR (for services
rendered in India) and in
US$ (for services rendered
outside India)
%age of Consultancy
Contract Amount received
with respect to total
contract value
If partner in a JV specify
participation in total
Consultancy contract
amount in INR (for Percent share of Total: Share Amount:
services rendered in India)
and in US$ (for services
rendered outside India)
Employer’s Name, Current
Address and Current
Telephone/Fax Number, E-
mail

Description of the work in accordance with Criteria 5.7.2.2.3 and 5.7.2.4 of Section 2
Detailed Narrative Description of services rendered.
(Give Details of Work that defines the scope relevant to the requirement)

The Consultant shall attach copies of Certificate of Completion/Substantial


Completion issued by the Employer with the form, failing which the claim of
the Consultant shall be liable to be rejected.

Firm’s Name & Signature of authorized signatory (Seal)

Section 3 Page 12 of 60
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RVNL/BBB/Important Bridge/PMC/BR.1

Form - 5

Net Worth

Consultant must fill in this form

NAME OF CONSULTANT:

Block Year Financial Data for Last 3 Years (in INR for Indian
applicants and in US $ for applicants of other countries)
Year1 Year2 Year3

1. Total Assets

2. Total Liabilities

3. Net Worth
[= 1 – 2]

1. The Consultant shall attach copies of the following original documents with the
form:
Copies of the audited balance sheets, including all related notes, and income
statements for the last three financial years, as indicated above, complying with
the following conditions.
 All such documents that reflect the financial situation of the Consultant.
 Net Worth must be audited by a certified accountant.
 Net Worth must be complete, including all notes to the financial statements.
 Net Worth must correspond to accounting periods already completed and
audited (no statements for partial periods shall be requested or accepted).
2. In the event that the audited accounts for the latest Financial Year (Financial year
immediately preceding current financial year in which the bid is being opened) are
not available, the Consultant shall furnish information pertaining to last three
financial years after ignoring the latest financial year.
3. Contents of this form should be certified by a Chartered Accountant/Auditor.
4. For filling up this form, use currency conversion procedure as detailed out in note
(a) & (b) below the hurdle criteria table under ITC clause 5.7.2.2.
5. In case a subsidiary is using credentials of their parent/holding company in terms of
ITC 1.2.2 I, data and supporting documents of their parent/holding company shall
also be submitted.

Section 3 Page 13 of 60
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Form - 6

Proposal Security
Bank Guarantee
(On non-judicial stamp paper of the appropriate value in accordance with stamp
Act. The stamp paper to be in the name of Executing Bank).

From:
Name and Address of the Bank…..……………………………………..

To:
The Chairman and Managing Director,
Rail Vikas Nigam Limited,
1st Floor, August Kranti Bhawan,
Bhikaji Cama Place, R. K. Puram,
New Delhi-110 066.

We have been informed that . . . . . [Insert name of the Consultant]............


(hereinafter called "the Consultant") intends to submit to you its proposal
(hereinafter called "the Proposal") for the Project Management Consultancy
Services for the. . . . . . . . [insert name of work] . . . . . under Invitation for Request
for Proposals No. . . . . . .dated . . . (“the RFP”).

WHEREAS, the Consultant is required to furnish Proposal security for the sum of
[Insert Value of Proposal Security required], in the form of bank guarantee,
according to your conditions of RFP.
AND
WHEREAS, ............[Insert Name of the Bank], with its Branch ...............[Insert
Address] having its Headquarters office at........ [Insert Address], hereinafter called
the Bank, acting through ..............[Insert Name and Designation of the
authorised persons of the Bank], have, at the request of the Consultant, agreed to
give guarantee for proposal security as hereinafter contained, in favour of the
Employer:

1. KNOW ALL MEN that by these present that I/We the undersigned [Insert
name(s) of authorized representatives of the Bank], being fully authorized to
sign and incur obligations for and on behalf of the Bank, confirm that the
Bank, hereby, unconditionally and irrevocably guarantee to pay to the
Employer full amount in the sum of [Insert Value of Proposal Security
required] as above stated.
Section 3 Page 14 of 60
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RVNL/BBB/Important Bridge/PMC/BR.1

2. The Bank undertakes to immediately pay on presentation of demand by the


Employer any amount up to and including aforementioned full amount
without any demur, reservation or recourse. Any such demand made by the
Employer on the Bank shall be final, conclusive and binding, absolute and
unequivocal on the Bank notwithstanding any disputes raised/ pending before
any Court, Tribunal, Arbitration or any Authority or any threatened litigation
by the Consultant or Bank. The demand made by the Employer shall be final,
conclusive and binding on the Bank.

3. The Bank shall pay the amount as demanded immediately on presentation of


the demand by Employer without any reference to the Consultant and without
the Employer being required to show grounds or give reasons for its demand
of the amount so demanded.

4. The guarantee hereinbefore shall not be affected by any change in the


constitution of the Bank or in the constitution of the Consultant.

5. The Bank agrees that no change, addition, modifications to the terms of the
RFP document or to any documents, which have been or may be made
between the Employer and the Consultant, will in any way release us from the
liability under this guarantee; and the Bank, hereby, waives any requirement
for notice of any such change, addition or modification made by Employer at
any time .

6. This guarantee will remain valid and effective from…….…….[insert date of


issue] till ………..[insert date, which should be minimum 42 days beyond
the expiry of proposal validity date in the RFP]. Any demand in respect of
this Guarantee should reach the Bank within the validity period of proposal
security.

7. The Bank Guarantee is unconditional and irrevocable.

8. The expressions Bank and Employer herein before used shall include their
respective successors and assigns.

9. The Bank hereby undertakes not to revoke the guarantee during its currency,
except with the previous consent in writing of the Employer. This guarantee is
subject to the Uniform Rules for Demand Guarantees, ICC Publication
No.758.

Section 3 Page 15 of 60
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RVNL/BBB/Important Bridge/PMC/BR.1

10. The Guarantee shall be valid in addition to and without prejudice to any other
security Guarantee (s) of Consultant in favour of the Employer. The Bank,
under this Guarantee, shall be deemed as Principal Debtor of the Employer.

Date ………… ………………………………………

Place…………. [Signature of Authorized person of Bank]

[Name in Block letters]………………....

[Designation]……………..…………

[P/Attorney]No………………………….

Witness:
1 Signature Bank’s Seal
Name & Address & Seal
[P/Attorney]No……..
2 Signature
Name & address & Seal

Note: All italicized text is for guidance on how to prepare this bank guarantee and
shall be deleted from the final document.

Section 3 Page 16 of 60
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RVNL/BBB/Important Bridge/PMC/BR.1

Form - 7

FORM OF CONTRACTPERFORMANCE SECURITY


(BANK GUARANTEE)

[Refer Clause 10 of Instructions to Consultants]

(On non-judicial stamp paper of the appropriate value in accordance with stamp
Act. The stamp paper to be in the name of Executing Bank).

From:
Name and Address of the Bank…..
……………………………………..
To:

The Chairman and Managing Director,


Rail Vikas Nigam Limited,
1st Floor, August Kranti Bhawan,
Bhikaji Cama Place, R. K. Puram,
New Delhi-110 066.

WHEREAS, Rail Vikas Nigam Limited, hereinafter called the Employer, acting
through [Insert Designation and address of the Employer’s Representative], has
accepted the proposal of [Insert Name and address of the Consultant], hereinafter
called the Consultant, for the work of [Insert Name of Work], vide Notification of
Award No.[Insert Notification of Award No.].
AND
WHEREAS, the Consultant is required to furnish performance security for the sum
of [Insert Value of Performance Security required], calculated @ 10% of the
contract value in the form of bank guarantee, being a condition precedent to the
signing of the contract agreement.
AND
WHEREAS, [Insert Name of the Bank], with its Branch [Address] having its
Headquarters office at [Address], hereinafter called the Bank, acting through
[Designation(s) of the authorised person of the Bank], have, at the request of the
Consultant, agreed to give guarantee for performance security as hereinafter
contained:

1 KNOW ALL MEN by these present that I/We the undersigned [Insert
name(s) of authorized representatives of the Bank],being fully authorized
to sign and incur obligations for and on behalf of the Bank, confirm that the
Bank, hereby, unconditionally and irrevocably guarantee to pay the
Employer the full amount in the sum of [Insert Value of Performance
Security required] as above stated.

2 The Bank undertakes to immediately pay on presentation of demand by the


Employer any amount up to and including aforementioned full amount
without any demur, reservation or recourse. Any such demand made by the
Employer on the Bank shall be final, conclusive and binding, absolute and
Section 3 Page 17 of 60
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RVNL/BBB/Important Bridge/PMC/BR.1

unequivocal notwithstanding any disputes raised/ pending before any Court,


Tribunal, Arbitration or any Authority or any threatened litigation by the
Consultant or Bank. The demand made by the Employer shall be final,
conclusive and binding on the Bank.

3 On payment of any amount less than aforementioned full amount, as per


demand of the Employer, the guarantee shall remain valid for the balance
amount i.e. the aforementioned full amount less the payment made to the
Employer.

4 The Bank shall pay the amount as demanded immediately on presentation of


the demand by Employer without any reference to the Consultant and
without the Employer being required to show grounds or give reasons for its
demand or the amount demanded.

5 The Bank Guarantee shall be unconditional and irrevocable.

6 The guarantee hereinbefore shall not be affected by any change in the


constitution of the Bank or in the constitution of the Consultant.

7 The Bank agrees that no change, addition, modifications to the terms of the
Contract Agreement or to any documents, which have been or may be made
between the Employer and the Consultant, will in any way release us from
the liability under this guarantee; and the Bank, hereby, waives any
requirement for notice of any such change, addition or modification to the
Bank.

8 This guarantee is valid and effective from the date of it’s issue, which is
[insert date of issue]. The guarantee and our obligations under it will expire
on [Insert the date twenty eight days after the specified completion period
for the consultancy contract]. All demands for payment under the guarantee
must be received by us on or before that date.

9 The Bank agrees that the Employers right to demand payment of


aforementioned full amount in one instance or demand payments in parts
totaling up to the aforementioned full amount in several instances will be
valid until either the aforementioned full amount is paid to the Employer or
the guarantee is released by Employer before the Expiry Date.

10 The Bank agrees that it’s obligation to pay any amount demanded by the
Employer before the expiry of this guarantee will continue until the amount
demanded has been paid in full.

11 The expressions Bank and Employer herein before used shall include their
respective successors and assigns.

12 The Bank hereby undertakes not to revoke the guarantee during its currency,
except with the previous consent in writing of the Employer. This guarantee

Section 3 Page 18 of 60
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RVNL/BBB/Important Bridge/PMC/BR.1

is subject to the Uniform Rules for Demand Guarantees, ICC Publication


No.758.

13 The Guarantee shall be in addition to and without prejudice to any other


security Guarantee (s) of Consultant in favour of the Employer is available
with the Employer. The Bank, under this Guarantee, shall be deemed as
Principal Debtor of the Employer.

Date …………
………………………………………
Place…………. [Signature of Authorised
person of Bank]
[Name in Block letters]……………….....
[Designation]……………..………………
[P/Attorney]No……………………………

Bank’s Seal
[P/Attorney] No…………..
Witness :
1. Signature
Name & Address & Seal

2. Signature
Name & address & Seal

Note :
1 All italicized text is for guidance on how to prepare this bank guarantee and
shall be deleted from the final document.
2 In case the guarantee is issued by a foreign Bank, the said bank shall have
operations in India and should be countersigned and authenticated by Indian
operation branch of the said bank.
3 The Bank Guarantee should be duly attested by Notary public with notarial
stamps of appropriate value affixed thereon.

Section 3 Page 19 of 60
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Form 8A (1/18)
Key Personnel Qualification and Experience

Project Manager/Civil
Name: ___________________________

Date of Birth: ______________________

S. Qualification Project Manager


No. Parameters Requirements as per RFP Details
(a) Essential: Diploma in Civil Engineering from a
recognized institution.
(b) Preferred:
(i) Graduate Degree in Civil Engineering from a
Professional
1. recognized institution.
Qualification
(ii) Degree/Diploma in Project Management/
Construction Management from a recognized
institution or Fellow of Institution of Engineers/
Institution of P. Way Engineers.

(a)Total Professional Experience:


At least 15 years for Graduate Degree holders or 20
years for Diploma holders.

(b) Relevant Experience:


(i) At least 5/7 years (Graduation/Diploma)
experience of handling construction/supervision of
Rail/Road Bridge or well sinking for Sub-structure
of major bridges as In-charge or one level below the
In-charge of project/specific section of project with
Project Management Consultant or Construction
Agency.
Length of
2.
Experience OR
(ii) At least 3 years experience in JA Grade and
above of Engineering department of Railways and/or
as JGM and above in Civil Engineering department
in RITES/IRCON/RVNL or equivalent grade in
Konkan Railway/MRVC/DFCCIL/ any Metro Rail
Corporation either individually or combined. The
person should also meet the hurdle criteria of having
atleast 3 years experience in construction of railway
line or maintenance of Permanent Way/ Bridges but
excluding USFD & Track Machine in any grade.
OR

Section 3 Page 20 of 60
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RVNL/BBB/Important Bridge/PMC/BR.1

(iii) At least 3 years experience as Superintending


Engineer (or equivalent) and above in Government
organizations or as JGM (or equivalent) in PSUs
either individually or combined. The person should
also meet the hurdle criteria of having atleast 5 years
experience in construction of Highway project in any
grade.

Note: The experience under (ii) and (iii) above shall


be added to any experience under (i) to meet the
requirement under (i) and for assigning of marks.

Does the
personnel have
any history of
involvement in
vigilance/CBI/S
PE/Police case
No (If the answer is Yes, then the personnel shall be
3. resulting in
disqualified and his CV shall be assigned Zero marks)
major penalty
punishment of
removal/dismiss
al/compulsory
retirement or
conviction

Note:

1. The proposed person should not be older than 70 years as on deadline for
submission of proposals.

2. In case the Project Manager/Civil is not having the relevant Railway experience
then Resident Engineer/Civil reporting to him must have Railway experience as
stipulated in the relevant Form 8A. The Consultants shall clearly mention in
their proposal the name of the Resident Engineer/Civil with Railway experience
who shall be reporting to this Project Manager/Civil not having relevant
Railway experience. If the Consultants fails to mention the same then zero
marks shall be assigned to such proposed person while evaluating the technical
proposal. However, in case it is noted during evaluation that any Resident
Engineer/Civil with the stipulated relevant Railway experience is available but
the Consultant has not indicated his deployment with any such Project
Manager/Civil, the Consultant shall be given an opportunity by the Employer to
comply with the above condition by way of seeking clarification, whether the
Consultant intends to deploy the said Resident Engineer/Civil with such Project
Manager/Civil.

Section 3 Page 21 of 60
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3. The professional qualification in case of ex-Railwayman who has worked in


Gazetted cadre of Engineering department of Railway shall be treated equal to
Diploma in Civil Engineering and in case Ex-Railwayman has worked for three
years or more in JA grade and above shall be treated equal to degree holder in
Civil Engineering, if the person is having any qualification other than
Diploma/Degree in Civil Engineering.

Section 3 Page 22 of 60
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RVNL/BBB/Important Bridge/PMC/BR.1

Form 8A (2/18)

Key Personnel Qualification and Experience

Resident Engineer / Sub Structure / Civil


Name____________________________
Date of Birth:______________________

Qualification Resident Engineer/Substructure


S. N.
Parameters Requirements as per RFP Details
(a) Essential: Diploma in Civil Engineering from a
recognized Institution.
(b) Preferred:

Professional (i) Graduate Degree in Civil Engineering from


1. a recognized institution.
Qualification
(ii) Degree/Diploma in Project Management/
Construction Management from a
recognized institution or Fellow of
Institution of Engineers/ Institution of P.
Way Engineers
(a) Total Professional Experience:
At least 10 years for Graduate Engineer or 15
years for Diploma holders.
(b) Relevant Experience:
(i)At least 5 years experience of
construction/supervision of Rail/Road Bridge or
well sinking for Sub-structure of major bridges
with Project Management Consultant or
Construction Agency.
OR
Length of (ii) At least3 years experience either in Gazetted
2.
Experience cadre of Engineering Department of Railways
and/or as Manager and above in Civil
Engineering department in RITES/IRCON/RVNL
or equivalent grade in Konkan
Railway/MRVC/DFCCIL/any Metro Rail
Corporation either individually or combined. The
person should also meet the hurdle criteria of
having experience of atleast three years in
Rail/Road Bridge or well sinking for Sub-
structure of major bridges in any grade.
OR
(iii) At least 3 years experience as Assistant

Section 3 Page 23 of 60
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RVNL/BBB/Important Bridge/PMC/BR.1

Engineer (or equivalent) and above in Government


organizations or as Manager (or equivalent) in
PSUs either individually or combined. The person
should also meet the hurdle criteria of having at
least 3 years’ experience in Rail/Road Bridge or
well sinking for Sub-structure of major bridges in
any grade.
Note: The experience under (ii) and (iii) above shall be
added to any experience under (i) to meet the
requirement under (i) and for assigning of
marks.
Does the
personnel have
any history of
involvement in
vigilance/CBI/SP
E/Police case
resulting in major No(If the answer is Yes, then the personnel shall be
3.
penalty disqualified and his CV shall be assigned Zero marks)
punishment of
removal/dismissal
/compulsory
retirement or
conviction.

Note:
1. The proposed person should not be older than 70 years as on deadline for
submission of proposals.

2. The professional qualification in case of ex-Railwayman who has worked in


Gazetted cadre of Engineering department of Railway shall be treated equal to
Diploma in Civil Engineering and in case Ex-Railwaymen has worked for three
years or more in JA grade and above shall be treated equal to Degree Holder
Civil Engineering,if the person is having any qualification other than
Diploma/Degree in Civil Engineering.

Section 3 Page 24 of 60
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RVNL/BBB/Important Bridge/PMC/BR.1

Form 8A (3/18)

Key Personnel Qualification and Experience

Resident Engineer / Steel Bridges Name__________________

Date of Birth:___________

Qualification Resident Engineer/Steel Bridges


S. N.
Parameters Requirements as per RFP Details
(a) Essential: Diploma in Civil Engineering from a
recognized Institution.
(b) Preferred:
(i) Graduate Degree in Civil Engineering from
a recognized institution.
Professional
1.
Qualification (ii) Degree/Diploma in Project Management/
Construction Management from a
recognized institution or Fellow of
Institution of Engineers/ Institution of P.
Way Engineers

(a) Total Professional Experience:


At least 10 years for Graduate Engineer or 15
years for Diploma holders.

(b) Relevant Experience:


(i) At least 5 years experience of
construction/supervision of Bridges with Steel
Girder Spans with Project Management
Consultant or Construction Agency.
Length of OR
2.
Experience (ii) At least3 years experience either in Gazetted
cadre of Engineering Department of Railways
and/or as Manager and above in Civil
Engineering in RITES/IRCON/RVNL or
equivalent grade in Konkan
Railway/MRVC/DFCCIL/ any Metro Rail
Corporation either individually or combined. The
person should also meet the hurdle criteria of
having experience of at least three years in
construction/re-girdering of Bridges with Steel
Girder Spans in any grade.

Section 3 Page 25 of 60
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RVNL/BBB/Important Bridge/PMC/BR.1

OR
(iii) At least 3 years experience as Assistant
Engineer (or equivalent) and above in Government
organizations or as Manager (or equivalent) in
PSUs either individually or combined. The person
should also meet the hurdle criteria of having
atleast 3 years experience in construction/re-
girdering of Bridges with Steel Girder Spans in any
grade.

Note: The experience under (ii) and (iii) above shall


be added to any experience under (i) to meet
the requirement under (i) and for assigning of
marks.

Does the
personnel have
any history of
involvement in
vigilance/CBI/SP
E/Police case
resulting in major No(If the answer is Yes, then the personnel shall be
3.
penalty disqualified and his CV shall be assigned Zero marks)
punishment of
removal/dismissal
/compulsory
retirement or
conviction.

Note:

1. The proposed person should not be older than 70 years as on deadline for
submission of proposals.

2. The professional qualification in case of ex-Railwayman who has worked in


Gazetted cadre of Engineering department of Railway shall be treated equal to
Diploma in Civil Engineering if the person is having any qualification other
than Diploma/Degree in Civil Engineering.

Section 3 Page 26 of 60
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RVNL/BBB/Important Bridge/PMC/BR.1

Form 8A (4/18)
Key Personnel Qualification and Experience

Resident Geotechnical Engineer

Name
Date of Birth:

Resident Engineer/Civil
Qualification Details
S. N.
Parameters Requirements as per RFP
1. Professional (a) Essential: Degree in Civil Engineering from a
Qualification recognized Institution.
(b) Preferred:
Post Graduate Degree in Civil Engineering with
specialization in Geotechnical/Rock Mechanics
from a recognized institution.
2. (a) Total Professional Experience:
Length of Atleast 10 years for Graduate Engineer
Experience
(b) Relevant Experience:
At least 5 years’ experience of Geotechnical
analysis/investigation in construction /
supervision of Infrastructure projects involving
Slope Stability Measures with Project
Management Consultant or Construction Agency.
3. Does the
Personnel have any
history of
involvement in
vigilance/CBI/S PE
/ Police case No
resulting in major
penalty punishment
of removal/
dismissal/
compulsory
retirement or
conviction.

Section 3 Page 27 of 60
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RVNL/BBB/Important Bridge/PMC/BR.1

Note:

1. The proposed person should not be older than 67 years as on deadline


for submission of proposals.

2. The professional qualification in case of ex-Railway man who has


worked in Gazetted cadre of Engineering department of Railway shall
be treated equal to Diploma in Civil Engineering if the person is having
any qualification other than Diploma/Degree in Civil Engineering.

Section 3 Page 28 of 60
Page 78 of 188
RVNL/BBB/Important Bridge/PMC/BR.1

Form 8A (5/18)

Key Personnel Qualification and Experience

Civil Engineering Expert (CE-I)


Name: ___________________________

Date of Birth:______________________

Civil Engineering Expert (CE-I)


Qualification
S.N.
Parameters
Requirements as per RFP Details
Professional Preferably Degree and at least
1.
Qualification Diploma in Civil Engineering.
Length of 2 years for Degree holder and 5
2.
Experience years for Diploma holder.
Construction of Earth work/
3. Relevant Experience bridges in Railway/ Road works
for at least 1 year.
Does the personnel
have any history of
involvement in
vigilance/CBI/SPE/P
olice case resulting
4. No
in major penalty
punishment of
removal/dismissal/co
mpulsory retirement
or conviction

Note:-
1. The proposed person should not be older than 50 years as on deadline for
submission of proposals. However in exceptional circumstances Employer
(concerned Executive Director) may permit at his sole discretion, a person
older than 50 years but not older than 70 years after considering his physical
and overall fitness to perform the desired duties subject to the condition that
the total number of experts / supervisors (except S&T, Signal Design, P.
Way, Environment & Electrical (OHE/TSS/SCADA) Experts and Asst
Expert - Railway Operation and Safety) more than 50 years of age should
not be more than 50% of the total.
2. The professional qualification requirement can be relaxed in case of Ex-
Railway man who has worked in a position of Section Engineer or above
and has relevant experience with total length of experience not less than that
prescribed for minimum professional qualification.

Section 3 Page 29 of 60
Page 79 of 188
RVNL/BBB/Important Bridge/PMC/BR.1

Form 8A (6/18)

Key Personnel Qualification and Experience

Civil Engineer: Sub Structure Expert


Name: ___________________________
Date of Birth: ______________________

Substructure Expert
Qualification
S.N.
Parameters
Requirements as per RFP Details
Professional Preferably Degree and at least
1.
Qualification Diploma in Civil Engineering.
Length of 2 years for Degree holder and 5
2.
Experience years for Diploma holder.
Construction of Rail/Road bridges
or well sinking for substructure of
3. Relevant Experience
major bridges works for at least 1
year.
Does the personnel
have any history of
involvement in
vigilance/CBI/SPE/P
olice case resulting
4. No
in major penalty
punishment of
removal/dismissal/co
mpulsory retirement
or conviction

Note:-
1. The proposed person should not be older than 50 years as on deadline for
submission of proposals. However in exceptional circumstances Employer
(concerned Executive Director) may permit at his sole discretion, a person
older than 50 years but not older than 70 years after considering his physical
and overall fitness to perform the desired duties subject to the condition that
the total number of experts / supervisors (except S&T, Signal Design, P.
Way, Environment & Electrical (OHE/TSS/SCADA) Experts and Asst
Expert - Railway Operation and Safety) more than 50 years of age should
not be more than 50% of the total.

2. The professional qualification requirement can be relaxed in case of Ex-


Railway man who has worked in a position of Section Engineer or above
and has relevant experience with total length of experience not less than that
prescribed for minimum professional qualification.

Section 3 Page 30 of 60
Page 80 of 188
RVNL/BBB/Important Bridge/PMC/BR.1

Form 8A (7/18)

Key Personnel Qualification and Experience

Civil Engineering Expert (CE-II)- Superstructure Expert / Steel Bridge


Name: ___________________________

Date of Birth:______________________

Bridge Expert
S.N. Qualification Parameters
Requirements as per RFP Details
Preferably Degree and at least
1. Professional Qualification
Diploma in Civil Engineering.
3 years for Degree holder and 7
2. Length of Experience
years for Diploma holder.
Construction of Superstructure
3. Relevant Experience of Major Bridges with Steel
Girder Spans for at least 2 years.
Does the personnel have
any history of involvement
in
vigilance/CBI/SPE/Police
4. case resulting in major No
penalty punishment of
removal/dismissal/compuls
ory retirement or
conviction.

Note:-

1. The proposed person should not be older than 50 years as on deadline for
submission of proposals. However in exceptional circumstances Employer
(concerned Executive Director) may permit at his sole discretion, a person
older than 50 years but not older than 70 years after considering his physical
and overall fitness to perform the desired duties subject to the condition that
the total number of experts/supervisors(except S&T, Signal Design, P. Way,
Environment & Electrical (OHE/TSS/SCADA) Experts and Asst Expert -
Railway Operation and Safety) more than 50 years of age should not be more
than 50% of the total.

2. The professional qualification requirement can be relaxed in case of Ex-


Railway man who has worked in a position of Section Engineer or above and
has relevant experience with total length of experience not less than that
prescribed for minimum professional qualification.

3. Deleted

Section 3 Page 31 of 60
Page 81 of 188
RVNL/BBB/Important Bridge/PMC/BR.1

Form 8A (8/18)

Key Personnel Qualification and Experience

Electrical Expert (OHE/TSS/SCADA)


Name: _________________
Date of Birth: _____________

Electrical Expert (OHE/TSS/SCADA)


SN Qualification Parameters
Requirements as per RFP Details
Degree/ Diploma in Electrical/
Mechanical/ Electronics
Engineering OR a combination of
any sub stream of basic streams
1. Professional Qualification
of Electrical/ Mechanical/
Electronics Engineering from a
recognized University/
Institution.
5 years for Degree holders and 7
2. Length of Experience
years Diploma holders.
Experience in maintenance /
construction of OHE & PSI
3. Relevant Experience works of Railway Electrification -
3 years for Degree holders and 5
years for Diploma holders
Does the personnel have any
history of involvement in
vigilance/CBI/SPE/Police
4. case resulting in major penalty No
punishment of
removal/dismissal/compulsory
retirement or conviction

Note:

1. The proposed person should not be older than 67 years as on deadline for
submission of proposals. However, in exceptional circumstances Employer
(concerned Executive Director) may permit at his sole discretion, a person older
than 67 years but not older than 70 years after considering his physical and
overall fitness to perform the desired duties.
2. The professional qualification in case of ex-Railwayman who has worked as
Section Engineer in Electrical Engineering department of Railway shall be
treated equal to Diploma in Electrical Engineering if the person is having any
qualification other than Diploma/Degree in Electrical Engineering.
Section 3 Page 32 of 60
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RVNL/BBB/Important Bridge/PMC/BR.1

Form 8A (9/18)

Key Personnel Qualification and Experience

Expert – Safety, Health and Environment


Name: _________________
Date of Birth: _____________

S. Qualification Environmental Expert


N. Parameters Requirements as per RFP Details
Bachelors Degree in
Environmental Management,
Environmental Engineering or
Professional related field OR PG Diploma
1.
Qualification in Environmental and
Sustainable Development from
IGNOU OR Masters Degree in
Environmental Engineering.
Minimum 3 years of service in
2. Length of Experience
related field.
Experience in Environmental
3. Relevant Experience management & monitoring in
infrastructure projects.
Does the personnel have
any history of
involvement in
vigilance/CBI/SPE/Police
4. case resulting in major No
penalty punishment of
removal/dismissal/compu
lsory retirement
orconviction

Note :

The proposed person should not be older than 70 years as on deadline for
submission of proposal.

Section 3 Page 33 of 60
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RVNL/BBB/Important Bridge/PMC/BR.1

Form 8A (10/18)

Qualification and Experience for Quality Control Expert

Quality Control Expert


Name: ___________________________
Date of Birth:______________________

Qualification Quality Control Expert


S.N.
Parameters Requirements as per RFP Details
Professional Preferably Degree or at least
1.
Qualification Diploma in Civil Engineering.
Length of 2 years for Degree holder and 5
2.
Experience years for Diploma holder.
At least 2 years as
Supervisor and above in Quality
3. Relevant Experience
Control in Construction of
Rail/Road Projects.
Does the personnel
have any history of
involvement in
vigilance/CBI/SPE/P
olice case resulting
4. No
in major penalty
punishment of
removal/dismissal/co
mpulsory retirement
or conviction

Note:-

1. The proposed person should not be older than 50 years as on deadline for
submission of proposals. However in exceptional circumstances Employer
(concerned Executive Director) may permit at his sole discretion, a person
older than 50 years but not older than 67 years after considering his physical
and overall fitness to perform the desired duties subject to the condition that
the total number of experts / supervisors (except S&T, Signal Design, P. Way,
Environment & Electrical (OHE/TSS/SCADA) Experts and Asst Expert -
Railway Operation and Safety) more than 50 years of age should not be more
than 50% of the total.

Section 3 Page 34 of 60
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RVNL/BBB/Important Bridge/PMC/BR.1

Form 8A (11/18)

Key Personnel Qualification and Experience

Expert Alignment and Survey

Name: ___________________________

Date of Birth:______________________

S.N. Qualification Parameters Surveyor


Requirements as per RFP Details
1. Professional Qualification Preferably Degree or at least
Diploma in Civil Engineering
from recognized institution.
2 years for Degree holder and 5
2. Length of Experience years for Diploma holder.
At least 1 year as Surveyor in
3. Relevant Experience Construction of Infra-structure
project like Rail/Road/Hydro
projects.
Does the personnel have any
history of involvement in
vigilance/CBI/SPE/Police case
4. resulting in major penalty No
punishment
removal/dismissal/compulsory
retirement or conviction.

Note:
1. The proposed person should not be older than 50 years as on deadline for
submission of proposals. However in exceptional circumstances Employer
(concerned Executive Director) may permit at his sole discretion, a person
older than 50 years but not older than 67 years after considering his physical
and over all fitness to perform the desired duties subject to the condition that
the total number of experts / supervisors (except S&T, Signal Design, P. Way,
Environment & Electrical (OHE/TSS/SCADA) Experts and Asst Expert -
Railway Operation and Safety) more than 50 years of age should not be more
than 50% of the total.

2. The professional qualification requirement can be relaxed in case of Ex-


Railway man who has worked in a position of Junior Engineer or above and
has relevant experience with total length of experience not less than that
prescribed for minimum professional qualification.

Section 3 Page 35 of 60
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RVNL/BBB/Important Bridge/PMC/BR.1

Form 8A (12/18)

Key Personnel Qualification and Experience

Expert-Contract Management

Name___________________

Date of Birth___________________
Quality Control Expert
S.N. Qualification Parameters
Requirements as per RFP Details
1. Professional Qualification Preferably Degree or at least
Diploma in Civil Engineering.
2. Length of Experience 5 years for Degree holder and 10
years for Diploma holder.
Atleast 3 years of
3. Relevant Experience Construction/Supervision
experience in Construction of
Infrastructure Projects with
PMC/Construction Agency.

4. Does the personnel have any


history of involvement in
vigilance/CBI/SPE/Police case
No
resulting in major penalty
punishment of Removal / dismissal
/ compulsory retirement or
conviction

Note:-
1. The proposed person should not be older than 50 years as on deadline for
submission of proposals. However in exceptional circumstances Employer
(concerned Executive Director) may permit at his sole discretion, a person
older than 50 years but not older than 67 years after considering his physical
and overall fitness to perform the desired duties subject to the condition that
the total number of experts/supervisors (except S&T, Signal Design, P. Way,
Environment & Electrical (OHE / TSS / SCADA) Experts and Asst Expert -
Railway Operation and Safety) more than 50 years of age should not be more
than 50% of the total.

Section 3 Page 36 of 60
Page 86 of 188
RVNL/BBB/Important Bridge/PMC/BR.1

Form 8A (13/18)

Key Personnel Qualification and Experience

Estimating Expert
Name: ___________________________

Date of Birth:______________________
Structural Expert
S.N. Qualification Parameters
Requirements as per RFP Details
Preferably Degree and at least
1. Professional Qualification
Diploma in Civil Engineering.
3 years for Degree holder and 7
2. Length of Experience
years for Diploma holder.
Preparation of Detailed Estimate
or DPR for construction of
3. Relevant Experience Railway Line/Important or major
bridges/Road projects for at least
2 years.
Does the personnel have
any history of involvement
in
vigilance/CBI/SPE/Police
4. case resulting in major No
penalty punishment of
removal/dismissal/
compulsory retirement or
conviction.

Note:-
1. The proposed person should not be older than 50 years as on
deadline for submission of proposals. However in exceptional
circumstances Employer (concerned Executive Director) may permit
at his sole discretion, a person older than 50 years but not older than
70 years after considering his physical and overall fitness to perform
the desired duties subject to the condition that the total number of
experts/supervisors (except S&T, Signal Design, P. Way,
Environment & Electrical (OHE/TSS/SCADA) Experts and Asst
Expert - Railway Operation and Safety) more than 50 years of age
should not be more than 50% of the total.

2. The professional qualification requirement can be relaxed in case of


Ex-Railway man who has worked in a position of Section Engineer
or above and has relevant experience with total length of experience
not less than that prescribed for minimum professional qualification.

Section 3 Page 37 of 60
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RVNL/BBB/Important Bridge/PMC/BR.1

Form 8A (14/18)

Qualification and Experience for Supervisor

Supervisor - Civil Engineering


Name: ___________________________

Date of Birth:______________________

Supervisor - Civil Engineering


S.N. Qualification Parameters
Requirements as per RFP Details
Minimum ITI (Civil)
or+2(Science),
1. Professional Qualification
Diploma in Civil Engineering is
preferable.

Minimum 5 years.

2. Length of Experience (2 years for Diploma holder and


one year for degree holder)

At least 2 years (1 year for


Diploma/degree holder)
experience of Civil works.
or

At least 2 years (1 year for


3. Relevant Experience
Diploma/degree holder)
experience as Works
Supervisor/JE (Works) or above
in Railway project.
.

Does the personnel have any


history of involvement in
vigilance/CBI/SPE/Police
4. case resulting in major penalty No
punishment of
removal/dismissal/compulsory
retirement or conviction.

Note:

1. The proposed person should not be older than 50 years as on deadline for
submission of proposals. However in exceptional circumstances Employer
(concerned Executive Director) may permit at his sole discretion, a person
older than 50 years but not older than 70 years after considering his physical
Section 3 Page 38 of 60
Page 88 of 188
RVNL/BBB/Important Bridge/PMC/BR.1

and overall fitness to perform the desired duties subject to the condition that
the total number of experts / supervisors (except S&T, Signal Design, P.
Way, Environment & Electrical (OHE/TSS/SCADA) Experts and Asst
Expert - Railway Operation and Safety) more than 50 years of age should
not be more than 50% of the total.
2. The professional qualification requirement can be relaxed in case of Ex-
Railway man who has worked in a position of Works Supervisor/JE(Works)
or above and has relevant experience with total length of experience not less
than that prescribed for minimum professional qualification.
3. Upto a maximum of 25% of total Supervisors (rounded off to higher whole
number) in the above category may be fresh Graduates or Diploma holders
in Civil Engineering. However, the fresh Graduates/Diploma holders shall
be designated as Trainee Supervisors for the initial 6 months period and
they shall be paid @ 75% of the accepted rate for the category. After
successful completion of 6 months of on the job training, these Trainee
Supervisors shall be interviewed by the CPM and if found suitable they
shall be designated as Supervisors and shall be entitled for 100% of the
accepted rate for that category. If the trainee is not found suitable, his
training can be extended for a further period of 3 months at the sole
discretion of CPM, otherwise he shall be replaced by the Consultant.

Section 3 Page 39 of 60
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RVNL/BBB/Important Bridge/PMC/BR.1

Form 8A (15/18)

Qualification and Experience for Supervisor

Supervisor –Steel Bridges


Name: ___________________________
Date of Birth:______________________

Supervisor –Steel Bridge


S.N. Qualification Parameters
Requirements as per RFP Details
Minimum ITI (Civil)
or+2(Science),
1. Professional Qualification Diploma in Mechanical/ Civil
Engineering is preferable.

Minimum 5 years.
(2 years for Diploma holder and
2. Length of Experience
one year for degree holder)

At least 2 years (1 year for


Diploma/degree holder)
experience of steel bridge works
or
At least 2 years (1 year for
3. Relevant Experience
Diploma/degree holder)
experience as Bridge
Supervisor/JE(Bridge)or above in
Railways.

Does the personnel have any


history of involvement in
vigilance/CBI/SPE/Police
4. case resulting in major penalty No
punishment of
removal/dismissal/compulsory
retirement or conviction.

Note:

1. The proposed person should not be older than 50 years as on deadline for
submission of proposals. However in exceptional circumstances Employer
(concerned Executive Director) may permit at his sole discretion, a person
older than 50 years but not older than 70 years after considering his physical
and overall fitness to perform the desired duties subject to the condition that
the total number of experts / supervisors (except S&T, Signal Design, P.
Way, Environment & Electrical (OHE/TSS/SCADA) Experts and Asst

Section 3 Page 40 of 60
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RVNL/BBB/Important Bridge/PMC/BR.1

Expert - Railway Operation and Safety) more than 50 years of age should
not be more than 50% of the total.
2. The professional qualification requirement can be relaxed in case of Ex-
Railway man who has worked in a position of Bridge Supervisor/JE(Bridge)
or above and has relevant experience with total length of experience not less
than that prescribed for minimum professional qualification.
3. Upto a maximum of 25% of total Supervisors (rounded off to higher whole
number) in the above category may be fresh Graduates or Diploma holders
in Mechanical/Civil Engineering. However, the fresh Graduates/Diploma
holders shall be designated as Trainee Supervisors for the initial 6 months
period and they shall be paid @ 75% of the accepted rate for the category.
After successful completion of 6 months of on the job training, these
Trainee Supervisors shall be interviewed by the CPM and if found suitable
they shall be designated as Supervisors and shall be entitled for 100% of the
accepted rate for that category. If the trainee is not found suitable, his
training can be extended for a further period of 3 months at the sole
discretion of CPM, otherwise he shall be replaced by the Consultant.

Section 3 Page 41 of 60
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Form 8A (16/18)

Qualification and Experience for Surveyor

Surveyor
Name: ___________________________

Date of Birth:______________________

Surveyor
S.N. Qualification Parameters
Requirements as per RFP Details
Minimum ITI (Survey) or
1. Professional Qualification
Diploma in Civil Engineering
Minimum 2 years for Diploma
2. Length of Experience holder and 1 year for degree
holder.
At least 1 year as Surveyor in
3. Relevant Experience Construction of Rail/Road
Projects
Does the personnel have
any history of involvement
in
vigilance/CBI/SPE/Police
4. case resulting in major No
penalty punishment of
removal/dismissal/compuls
ory retirement or
conviction.

Note:
1. The proposed person should not be older than 50 years as on deadline for
submission of proposals. However in exceptional circumstances Employer
(concerned Executive Director) may permit at his sole discretion, a person
older than 50 years but not older than 70 years after considering his physical
and overall fitness to perform the desired duties subject to the condition that
the total number of experts / supervisors (except S&T, Signal Design, P.
Way, Environment & Electrical (OHE/TSS/SCADA) Experts and Asst
Expert - Railway Operation and Safety) more than 50 years of age should
not be more than 50% of the total.

2. The professional qualification requirement can be relaxed in case of Ex-


Railway man who has worked in a position of Junior Engineer or above and
has relevant experience with total length of experience not less than that
prescribed for minimum professional qualification.

Section 3 Page 42 of 60
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Form 8A (17/18)

Qualification and Experience for Surveyor

Supervisor – Quality Control


Name: ___________________________

Date of Birth:______________________

S. Tunnel Construction Supervisor


Qualification Parameters
N. Requirements as per RFP Details
Preferably Degree or at least
1. Professional Qualification
Diploma in Civil Engineering.
Minimum service of 3 years for
2. Length of Experience Diploma and 2 years for Degree in
linear infrastructure project.

At least one year in similar field in


3. Relevant Experience construction of Rail / Road / Metro
/ Hydro construction projects.

Does the personnel have any


history of involvement in
vigilance/CBI/SPE/Police case
4. resulting in major penalty No
punishment
removal/dismissal/compulsory
retirement or conviction

Note: The proposed person should not be older than 50 years as on deadline for
submission of proposals. However in exceptional circumstances Employer
(concerned Executive Director) may permit at his sole discretion, a person
older than 50 years but not older than 67 years after considering his physical
and over all fitness to perform the desired duties subject to the condition that
the total number of experts / supervisors (except S&T, Signal Design, P.
Way, Environment & Electrical (OHE/TSS/SCADA) Experts and Asst
Expert - Railway Operation and Safety) more than 50 years of age should not
be more than 50% of the total.

Section 3 Page 43 of 60
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Form 8A (18/18)

Qualification and Experience for Supervisor

Supervisor-Geologist

Name: ______________________

Date of Birth: ______________________

S. Tunnel Construction Supervisor


Qualification Parameters
N. Requirements as per Details
RFP
Degree in Geology.
1. Professional Qualification

Minimum service of 2 years


for Degree holder
2. Length of Experience

At least one year experience


in construction of Rail /
3. Relevant Experience
Road / Metro / Hydro
Projects.
Does the personnel have any
history of involvement in
vigilance/CBI/SPE/Police case
4. resulting in major penalty No
punishment of Removal /
dismissal / compulsory
retirement or conviction

Note: The proposed person should not be older than 50 years as on


deadline for submission of proposals. However in exceptional
circumstances Employer (concerned Executive Director) may permit at his
sole discretion, a person older than 50 years but not older than 67 years
after considering his physical and over all fitness to perform the desired
duties subject to the condition that the total number of experts /
supervisors (except S&T, Signal Design, P. Way, Environment & Electrical
(OHE/TSS/SCADA) Experts and Asst Expert - Railway Operation and
Safety) more than 50 years of age should not be more than 50% of the
total.

Section 3 Page 44 of 60
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FORM 8B

Name of Project: “Project Management Consultancy for ................

SUMMARY OF INFORMATION OF PROPOSED PERSONNEL :

S. Family Proposed Nationality Name of Length of Education No. of Total CV


N Name, position the Firm service / years of Experience Signature
First for the with the Degree relevant since (by
Name project Firm (Year/ project Completion Personnel
Institution) experience of and by
Education authorised
in no. of Signatory
years of
consultant)

Signature of Consultant(Authorized signatory)

Seal

Full Name…………………………

Title…………………………………

Address …………………………...

Section 3 Page 45 of 60
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FORM 8C (1/3)
Name of Project:“Project Management Consultancy for ...............
CURRICULUM VITAE (CV) FORMAT TO BE SUBMITTED WITH
PROPOSAL FOR THE PROJECT MANAGER(S) AND RESIDENT
ENGINEER(S). FOR OTHER PERSONNEL TO BE SUBMITTED LATER
AS PER RFP.

1. PROPOSED POSITION :
2. NAME :
3. DATE OF BIRTH :
4. NATIONALITY :
5. PERSONAL ADDRESS :
TELEPHONE NO. :
MOBILE NO. :
FAX NO.
E-MAIL ADDRESS :
6. EDUCATION :
(The years in which various
Qualifications were obtained
must be stated) :
7. OTHER TRAINING :
8. LANGUAGE & DEGREE OF :
PROFICIENCY :
9. MEMBERSHIP IN :
PROFESSIONAL SOCIETIES :
10. COUNTRIES OF WORK
EXPERIENCE :
11. EMPLOYMENT RECORD : Starting with present position, list
in reverse order every
employment held and state the
start and end dates of each
employment)
From To Name of Name of the Position Mention Description Any
Employer Project, Held whether worked of Duties other
Specific as In-charge or discharged relevan
section of one level below including t facts
Project, the In-charge of Works
location & the Undertaken
length Project/section
of the project or
any other
capacity

Section 3 Page 46 of 60
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RVNL/BBB/Important Bridge/PMC/BR.1

FORM 8C (Contd……2/3)
Notes:

1. Under column ‘Position held’, mention the designation held i.e. Team Leader,
Project Manager, Sr. Engineer etc. and clearly state if you were an employee of
any Firm along with your designation or have worked as a consultant or an
adviser.
2. In case person has held more than one position in the same project, separate
entry for each such position should be made in the above table.
3. Under the column ‘Description of Duties discharged including Works
Undertaken’, clearly mention the type of work undertaken/supervised such as
steel/PSC bridge construction, signalling work, OHE construction or
maintenance work etc as applicable.
4. In case, only month & year are mentioned instead of exact dates for any
employment in ‘From’ and ‘To’ columns above, then for calculation purposes,
total period for that employment will include intervening months plus one
month for that employment.

12. CERTIFICATION (Please follow exactly the following format. Omission will
be seen as noncompliance)

(i) I, the undersigned Certify that, to the best of my knowledge and


belief, this bio-data correctly describes my qualifications, my
experience and myself. I understand that any wilful misstatement
described herein may lead to my disqualification or dismissal, if
engaged.

(ii) I have not been removed by Competent Authority of RVNL from


any of the RVNL works without completing my assignment and
shall be available to work with the consultants. In case I leave the
assignment without approval of RVNL or I am removed by RVNL
on account of some default, RVNL would be at liberty to take
appropriate action against me including debarment for up to Three
Years.

(iii) I am working in PMC for the project of ……….under ……..PIU of


RVNL and my assignment is nearing completion and I have
obtained “No Objection” for relieving me from the present
assignment from CPM/GM of concerned PIU of RVNL.[Delete if
not applicable]

(iv) I am working in PMC for the project of ……….under ……..PIU of


RVNL as …………. (Designation) and I am submitting CV for a
higher position in this RFP. [Delete if not applicable]

Section 3 Page 47 of 60
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FORM 8C (Contd……3/3)

(v) I am willing to undertake the assignment and ensure my availability


for the duration of the assignment.

(a) I have no history of involvement in Vigilance/CBI/Police Case,


resulting in major penalty punishment of
removal/dismissal/compulsory retirement or conviction.
(b) I have never been debarred from Project Management
Consultancy by RVNL.
Or

(c) I was debarred from Project Management Consultancy by RVNL


for .... years from ../../.. to ../../.. and period of debarment is now
over.

Note: Score out Item which is not applicable to you in (b) or (c) above. Fill up
blanks with requisite details in case (c) is applicable.

SIGNATURE OF PROPOSED PERSONNEL …………………………..

DATE OF SIGNING:…………..Day………Month ………….Year……..

Certified that information stated above has been verified by me.”

13. NAME OF RE/CIVIL REPORTING TO PM/CIVIL:


(To be submitted only in case of PM/Civil is not having relevant
Railway experience)

Signature of Consultant (Authorized signatory)

Seal
Full Name…………………………
Title…………………………………
Address …………………………...

Section 3 Page 48 of 60
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FORM 9

APPROACH & METHODOLOGY PROPOSED FOR PERFORMING


THE ASSIGNMENT

Name of Project: “Project Management Consultancy for.............................

The approach and methodology will be detailed precisely under the


following topics:

1. Understanding of the assignment


2. Work Breakdown structure.
3. Composition of the Team
4. Designated Experts and responsibilities- Link item 3
5. Duties and responsibilities of Team Leader and other key personnel.
6. Organizational set up and methodology for supervision and monitoring of
the work of contractor
7. QA System
8. Documentation and procedures to be prepared, adopted and furnished to
Rail Vikas Nigam Limited.
9. Reporting Procedure
*********
Notes:
(i) The approach and methodology should be precise and relevant
to the assignment and should not exceed five pages excluding
Bar charts if any.
(ii) The approach and methodology should be submitted by the
successful Consultant within 28 days of the notification of
award.

Section 3 Page 49 of 60
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RVNL/BBB/Important Bridge/PMC/BR.1

FORM 10

Firm’s Audited Financial Data for last 3 financial years:

Turnover from Consultancy Services


S. Particulars (in US$ when applicant is utilising the
No. (Year) credentials of foreign parent/holding
company otherwise in INR)
1
2
3
Total Turnover of 3 years
Average Annual Turnover

Note:
1. Please provide Audited Balance Sheets/Profit & Loss Accounts in
support of Information given above. In the event that the audited
accounts for the latest Financial Year (Financial year immediately
preceding current financial year in which the bid is being opened) are
not available, the Consultant shall furnish information pertaining to last
three financial years after ignoring the latest financial year.
2. Form 10 should be certified by Chartered Accountant.
3. In case a subsidiary is using credentials of parent/holding company in
terms of ITC 1.2.2 I, figures and supporting documents of the
parent/holding company shall be submitted.
4. For filling up this form, in case the turnover figures of applicants
utilising the credentials of foreign parent/holding company are in any
currency other than US $, the same shall be converted to US$ as on the
date 28 (twenty eight) days prior to the deadline for submission of
proposals. The conversion rate of such currencies shall be the daily
representative exchange rates published by the International Monetary
Fund for the relevant date.

Section 3 Page 50 of 60
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FORM 11
(On letter head of the Consultant)

Remuneration: Proposed Billing Rates for Key Personnel, Supervisors and


Office Staff Team

Sl. Expert/Site Supervisors Quan Unit Rate (in Rs.) Amount


No. Team (By Designation) tity (in Rs.)
In In In
Figures Words Figures
A. Key Personnel
Project Manager
Person-
1 (PM)/Civil 30
(1 x 30)
month
Resident Engineer
Person-
2 (RE)/Sub-Structure/Civil 90
(3x30)
month
Resident Engineer
Person-
3 (RE)/Steel Bridges 27
(1 x 27)
month
Resident Geotechnical
Person-
4 Engineer 30
(1x30)
month
CE-I-Civil Engineer
Person-
5 Expert 120
(4 x 30)
month
CE-Sub Structure Expert Person-
6 240
(8 x 30) month
CE-II - Superstructure
Person-
7 Expert / Steel Bridge 108
(4 x 27)
month
Electrical Expert
Person-
8 (OHE/TSS/SCADA/GS) 12
(1 x 12)
month
Expert - Safety, Health
Person-
9 and Environment 60
(2 x 30)
month
Quality Control Expert Person-
10 120
(4 x 30 ) month
Expert Alignment and
Person-
11 Survey 60
(2 x 30)
month
Expert - Contract
Person-
12 Management 30
(1 x 30)
month
Estimating Expert Person-
13 30
(1x 30) month

Section 3 Page 51 of 60
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RVNL/BBB/Important Bridge/PMC/BR.1

B Supervisors

Supervisor - Civil
Person-
1 Engineering 360
(12 x 30)
month
Supervisor - Steel Bridges Person-
2 54
(2 x 27) month
Surveyor Person-
3 81
(3 x 27) month
Supervisor - Quality
Person-
4 Control 120
(4 x 30)
month
Supervisor - Geologist Person-
5 60
(2x 30) month

(C) Office Staff Team

Computer Operator cum


Person-
1 Stenographer 90
(3 x 30)
month
Clerk cum Record cum
Person-
2 Store keeper 90
(3 x 30)
month
Office Attendant
Person-
3 /Chainman 120
(4 x 30)
month
Draftsman (Civil) Person-
4 90
(3 x 30) month

Accountant Person-
5 60
(2 x 30) month
Total

Total amount in words: Rupees.


_______________________________only.

Note:

1. The remuneration for person months shall include the payments to personnel
(towards salary & allowances, leave salary, medical insurance, PF
contribution of the employer and any other payment required as per extent
laws), expenditure allowances, overheads & profit, and all Taxes and Cess
thereon (excluding GST). Other reimbursable expenditures as stipulated in

Section 3 Page 52 of 60
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RFP document will be over and above this. The applicant should especially
note the following;

a) The personnel shall not be entitled to be paid for overtime nor to take
paid sick leave or vacation leave. The Consultant’s remuneration
shall be deemed to cover these items.
b) Provisions of section 1.11 of Section 5 (GCC) regarding minimum
monthly payment to personnel should be kept in view while quoting
the rates.
2. Employer reserves the right to reduce the numbers and estimated person
months of key personnel, supervisors and Office Staff without any claim on
either side.

3.
a. The Employer has to make available Designs and Drawings for all
Civil Engineering Structures including Bridges. The Contractor
executing the works will make out Designs and Drawings for
temporary works required for execution of works.

b. The contractor executing the works will make out the necessary
Designs and Drawings required for Electrical works.

c. The approved Design and Drawings mentioned above will require


to be checked by PMC for minor changes (e.g. change in
foundation design because of variations of SBC, non-availability
of the reinforcement shown in the drawing etc.). Checking of
Design and Drawings for all temporary works(except that of the
launching scheme for triangulated steel girders), and checking of
Design and Drawings for Electrical and S&T works(e.g. Signal
Interlocking Plan, Selection Table, Circuit diagram, cable layout
drawings, modification of Overhead Power Lines etc.) will be
done by PMC.

d. If in any bridge or structure for which the earlier scope in general


arrangement drawings has to be completely revised then such
bridge or structure shall require fresh preparation of GAD &
design which shall be got done by Employer.

4. Environmental Expert (if person months for Environment Expert are indicated
in Form 11) will be required to visit the project site as per requirement and
his number of days on duty shall be counted for the days he remains at
project site plus one day towards travel time for each visit. The payment
shall be made for each number of days spent on duty @ 1/30th of the
accepted person month rate.

Section 3 Page 53 of 60
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RVNL/BBB/Important Bridge/PMC/BR.1

Authorised Signatory

Name ………………………………..
Address………………………………
Seal………………………………….

Section 3 Page 54 of 60
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RVNL/BBB/Important Bridge/PMC/BR.1

FORM 12

FORMAT FOR AFFIDAVIT TO BE SUBMITTED BY THE CONSULTANT


ALONGWITH THE PROPOSAL

(To be executed in presence of Public Notary on non-judicial


stamp paper of the appropriate value in accordance with
relevant stamp Act. The stamp paper has to be in the name of
the Consultant)**

I …….. (Name and designation)**…… appointed as the


attorney/authorized signatory of the Consultant, M/s. ________
(hereinafter called the consultant) for the purpose of the Proposal for
the Project Management Consultancy of _________ as per the RFP
No._________ of RVNL, do hereby solemnly affirm and state on
behalf of the Consultant as under:
*1. That the Consultant has not been Blacklisted/ banned for
business dealing for all Government Departments, or by
Ministry of Railways or by RVNL at any time and/or no
such blacklisting is in force as on the deadline for
submission of proposals.
*2 That none of the previous contracts of the Consultant had
been terminated/rescinded for Consultant’s failure by Rail
Vikas Nigam Ltd. during the period of last 2 years before the
deadline for submission of proposals.
(Add Proviso of Clause 1.2.2VII(ii) of ITC suitably, if any
Contract was so terminated).
3. That the Consultant is neither Bankrupt/Insolvent nor is in the
process of winding-up nor such a case is pending before any
Court on the deadline of submission of the proposals.
*4. That the name of the Consultant is not on the list of “Poor
Performer” of RVNL as on the deadline for submission of
proposals.
5. We declare that the Consultant have not either changed their
name or created a new business entity as covered by the
definition of “Allied Firm” under para 1102 (iii) of chapter XI
of Vigilance Manual of Indian Railways with latest
amendments and corrections (available on website of Indian
Railways), consequent to having been banned business
dealings or suspended business dealings or having been
declared as poor performer.
6. We declare and certify that we have not made any misleading
or false representation in the forms, statements and
attachments in proof of the qualification requirements.

Section 3 Page 55 of 60
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RVNL/BBB/Important Bridge/PMC/BR.1

7. We declare that the information and documents submitted


along with the proposal by us are correct and we are fully
responsible for the correctness of the information and
documents, submitted by us.
8. We understand that in case we cease to fulfill the requirements
of the eligibility and qualifying criteria at any time after
opening of proposals and till finalization of proposals, it will
be our bounden duty to inform the Employer of our changed
status immediately and in case of our failure to do so, our
proposal shall be rejected and proposal security shall be
forfeited. In case such failure comes to the notice of Employer
at any time after award of the contract, it will lead to
termination of the contract and forfeiture of Proposal or
Performance Security. We shall also be liable for Banning of
Business dealings upto a period of five years.
9. We understand that if the contents of the affidavit are found to
be false at any time during bid evaluation, it will lead to
forfeiture of the proposal security. Further, we [insert name of
the consultant]**_______ understand that we shall be liable
for banning of business dealings upto a period of five years.
10. We also understand that if the contents of the affidavit are
found to be false at any time after the award of the contract it
will lead to termination of the contract, forfeiture of Proposal
or Performance Security and banning of business dealings for
a period of upto five years.

SEAL AND SIGNATURE OF THE CONSULTANT

Verification:

Verified on ______ day of _____ at _________ that


the contents of the above mentioned affidavit are true and
correct and nothing material has been concealed there from.

SEAL AND SIGNATURE OF THE CONSULTANT

*Modify the contents wherever necessary, in terms of sub-


clause 1.2.2 ITC.
** The contents in Italics are only for guidance purpose and
details as appropriate, are to be filled in suitably by
Consultant.
Attestation before Magistrate/Public Notary

Section 3 Page 56 of 60
Page 106 of 188
RVNL/BBB/Important Bridge/PMC/BR.1

FORM 13

FORM OF BANK GUARANTEE FOR RELEASE OF AMOUNT


WITHHELD UNDER SECTION 6.01 OF GCC

(On non-judicial stamp paper of the appropriate value in accordance with stamp
Act. The stamp paper to be in the name of Executing Bank)
From:
………………………..
……….Name and Address of the Bank…..
……………………………………..
To:
The Chairman and Managing Director,
Rail Vikas Nigam Limited,
1st Floor, August Kranti Bhawan,
Bhikaji Cama Place, R. K. Puram,
New Delhi-110 066.

a) WHEREAS, Rail Vikas Nigam Limited, (hereinafter called the Employer),


acting through [Insert Designation and address of the Employer’s
Representative], has entered into a contract with [Insert Name and address
of the Consultant’s Representative],, (hereinafter called the Consultant),
for providing Project Management Consultancy Services for the work of
[Insert Name of Work], vide Notification of Award No.[Insert Notification
of Award No.].

b) WHEREAS as per conditions of contract Employer has withheld an amount


of Rs____[Insert Amount withheld] withheld under Section-6.01 of GCC
till date, and WHEREAS now the Consultant has requested the Employer
for releasing Rs. __________[Insert the required Amount] on submission
of a bank guarantee of equivalent amount which has been accepted by the
Employer.****

c) WHEREAS, [Insert Name of the Bank], with its Branch [Address] having
its Headquarters office at [Address], hereinafter called the Bank, acting
through [Designation(s) of the authorised person of the Bank], have, at the
request of the Consultant, agreed to give guarantee as hereinafter contained:

1. KNOW ALL MEN by these present that I/We the undersigned [Insert name(s)
of authorized representatives of the Bank],being fully authorized to sign and
incur obligations for and on behalf of the Bank, confirm that the Bank, hereby,
unconditionally and irrevocably guarantee the Employer to pay the full amount

Section 3 Page 57 of 60
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RVNL/BBB/Important Bridge/PMC/BR.1

in the sum of [Insert Value of the Bank Guarantee being submitted] as above
stated.

2. The Bank undertakes to immediately pay to the Employer any amount up to


and including aforementioned full amount upon written order/orders from the
Employer without any demur, reservation or recourse.

3. On payment of any amount less than aforementioned full amount, as per


demand of the Employer, the guarantee shall remain valid for the balance
amount i.e. the aforementioned full amount less the payment made to the
Employer.

4. The Bank shall pay the amount so demanded without any reference to the
Consultant and without the Employer being required to show grounds or give
reasons for its demand or the amount demanded.

5. The guarantee hereinbefore shall not be affected by any change in the


constitution of the Bank or in the constitution of the Consultant.

6. The Bank agrees that no change, addition, modifications to the terms of the
Contract Agreement or to any documents, which have been or may be made
between the Employer and the Consultant, will in any way release us from the
liability under this guarantee; and the Bank, hereby, waives any requirement
for notice of any such change, addition or modification to the Bank.

7. This guarantee is valid and effective from the date of it’s issue, which is [insert
date of issue]. The guarantee and our obligations under it will expire on
[Insert the date twenty eight days after the expected end of defect liability
period.]. All demands for payment under the guarantee must be received by us
on or before that date.

8. The Bank agrees that the Employers right to demand payment of


aforementioned full amount in one instance or demand payments in parts
totaling up to the aforementioned full amount in several instances will continue
until either the aforementioned full amount is paid to the Employer or the
guarantee expires.

Section 3 Page 58 of 60
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RVNL/BBB/Important Bridge/PMC/BR.1

9. The Bank agrees that it’s obligation to pay any amount demanded by the
Employer before the expiry of this guarantee will continue until the amount
demanded has been paid in full.

10. The expressions Bank and Employer herein before used shall include their
respective successors and assigns.

11. The Bank hereby undertakes not to revoke the guarantee during its currency,
except with the previous consent in writing of the employer. This guarantee is
subject to the Uniform Rules for Demand Guarantees, ICC Publication No.
758.

Date ………… ………………………………………


Place…………. [Signature of Authorised person of Bank]
…………………….
[Name in Block letters]
……………………..
[Designation]
…………………..
……[Address]……
………………………….
Witness :
1. Signature

Name & Address & Seal


2. Signature Bank’s Seal

Name & address & Seal Authorisation No…………..

Note :
1) All italicized text is for guidance on how to prepare this bank guarantee and
shall be deleted from the final document.
2) In case the guarantee is issued by a foreign Bank, the said bank shall have
operations in India and should be countersigned by Indian operations
branch of the said bank.
3) The Bank Guarantee should be duly attested by Notary public with notarial
stamps of appropriate value affixed thereon.
4) **** strike out whichever is not applicable.

Section 3 Page 59 of 60
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RVNL/BBB/Important Bridge/PMC/BR.1

FORM 14

FORMAT FOR UNDERTAKING TO BE SUBMITTED BY


PARENT/HOLDING COMPANY OF THE CONSULTANT (To be submitted
in case the Consultant is utilizing credentials of Parent/Holding Company)
(To be executed on the letter head of the parent/holding company)**

I …….. (Name and designation)**…… appointed as the attorney/authorized


signatory# of ……………… (Name of Parent/Holding Company)** being
Parent/Holding Company (hereinafter called the Parent Company) of the
Consultant, M/s. ________ (hereinafter called the consultant) for the purpose of the
Proposal for the Project Management Consultancy of _________ as per the RFP
No._________ of RVNL, do hereby solemnly affirm and state on behalf of the
Parent Company that we will be providing the financial and technical back up to
the Consultant for the satisfactory completion of the Consultancy mentioned above
and in case of failure of the Consultant, we will be wholly responsible for the
services proposed to be rendered by the Consultant.

SIGNATURE OF THE AUTHORISED SIGNATORY

SEAL OF THE PARENT COMPANY

** The contents in Italics are only for guidance purpose and details as
appropriate, are to be filled in suitably.

# The documentary proof for authorizing the signatory on behalf of the parent
company in the form of Resolution of the company, power of attorney etc as
applicable.

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TERMS OF REFERENCE

PROJECT MANAGEMENT CONSULTANCY

FOR

EXECUTION OF THE WORKS INVOLVED IN

“Construction of Foundations, Substructure & Superstructure alongwith


River Training / Protection Work, Earthwork & Allied works for 05
Important Railway Bridges over Donal Khad, Dabatwali khad,
Balaknath Khad, Dharot I Nala & Dharot II Nala between Km 3.50 to
Km 20.00 in connection with Construction of Bhanupali-Bilaspur-Beri
New BG Line in the States of Punjab & Himachal Pradesh, India”.

SECTION – 4

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CONTENTS

S. No. Description Page


1 Introduction & Background 3
2 The Consultants 4
3 Objective of Consulting Services 4 to 6
4 Scope of Consultancy Services 6 to 8
5 Detailed Terms of Reference 8 to 16
6 Implementation Arrangements 16 to 17
7 Consultant’s Organization & Staffing 17 to 19
8 Annexure -1 20 to 24
Safety aspects specified for execution of Works
Contract
9 Annexure-2 25 to 36
Scope of Works’ Specified for execution of Works
Contract

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TERMS OF REFERENCE

for

SERVICES TO BE PROVIDED BY PROJECT MANAGEMENT


CONSULTANTS

1 Introduction & Background

1.1 RAIL VIKAS NIGAM LIMITED (RVNL), having its Corporate office at
1st Floor August Kranti Bhavan, Bhikaji Cama Place, New Delhi – 110066,
India is a Public Sector Enterprise set up as a wholly owned Government
Company under the provisions of Section 617 of Companies Act.,invites
proposals under single stage two packet system for the work of “Project
Management Consultancy for “Construction of Foundations, Substructure &
Superstructure alongwith River Training / Protection Work, Earthwork &
Allied works for 05 Important Railway Bridges over Donal Khad, Dabatwali
khad, Balaknath Khad, Dharot I Nala & Dharot II Nala between Km 3.50 to
Km 20.00 in connection with Construction of Bhanupali-Bilaspur-Beri New
BG Line in the States of Punjab & Himachal Pradesh, India”.

1.2 The works included in the main contract are to be carried out along the
alignment of New Railway Line of the project. Enroute, public utilities,
roads, inhabitation etc. also exist. Therefore, safety is paramount. The
specified Safety and Security measures have been detailed in Annexure -1 to
this Section. In addition, the safety measures and standards as laid down
through statutory codes, Acts of the Government etc. are also to be adhered
to. The Scope of the main works to be executed by the Works Contractors
are detailed in Annexure– 2 of this Section. For complete details of these
works contract along with corrigenda, the Bidding Document of the Works
Contract may be referred which is available on RVNL website
www.rvnl.org.

1.3 The scope of works described in Annexure 2 will be executed under


Competitive Bidding and the tenders for the same have been invited by the
Employer. In addition the following works for the above project are also
required to be supervised by the Consultant under the scope of this
Consultancy:
i) Deleted.
ii) Deleted
iii) Deleted

1.4 These Terms of Reference (TOR) define the services required from the
`Consultants’ who are to be engaged to assist M/s RAIL VIKAS NIGAM
LIMITED (RVNL) for Project Management Consultancy for the project work
specified in Para 1.1 & 1.3 above.
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2. The Consultants:

2.1 The Consultants shall be a firm registered or incorporated in India

2.2 The Consultants’ team of key personnel will comprise of Project Manager,
Resident Engineers and Experts in different disciplines, having requisite
experience of similar type of works. The Consultant will have to deploy only
personnel who have the specified relevant qualification and experience.

3.0 Objective of Consulting Services:

3.1(a) The objectives of obtaining the presently offered consulting services, are to
assist the Employer in implementation of the above mentioned Project, from
the present stage of verification/establishment of reference points/data
provided by the Employer, to the stage of successful completion of all the
contemplated works of the Project through the Agency/Agencies employed
for execution/Supply of materials, with the specified Safety and Security,
testing and commissioning of the Project and handing over the completed
Project to Railway, duly ensuring safety at work sites, Safety of running
trains, people, structures and properties adjacent to work sites, by proper
verification/deployment/suggestion of methods and means in tune with
contract conditions duly following the provisions of Share Holders
Agreement, regulations, policies, procedures & guidelines, Railway’s Rules,
Regulations, procedures, Local Laws, Bye laws & Rules and Regulations,
etc., within the specified time schedule, with the appropriate use of
provisions in the works contract agreement, to achieve overall economy.
This also includes the works like getting ‘as built/completion’ drawings
prepared from construction contractor, preparation of the required
applications and documents for obtaining the sanction of Commissioner of
Railway Safety and Government Electrical Inspector and getting such
required sanctions, exercising supervision on the execution of works,
arranging for traffic blocks, where necessary, making measurement of works
done for arranging payments to the concerned Agency/Agencies, effecting
various recoveries statutory or otherwise from the running bills of the
concerned Agency/Agencies, interaction and co-ordination with Railway
Administration, and various Governmental/other Bodies/Agencies involved.

3.1(b) In a nutshell the objectives of the consulting services are to assist the
Employer to implement the Project in conformity with Railways’ rules and
regulations; and codes Local laws, bye laws, regulations, rules etc.

3.2 The Consultants shall ensure:

(i) That the Project is implemented up to the last detail for


commencement of commercial operations by the Railway
administration and provide assistance to the Employer up to the end
of `Defect Liability Period’ under the Contract.

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(ii) That the Contractor’s are observing due diligence and prevailing
standards in the performance of the assignment.

(iii) Compliance of all rules of railways related to the execution of the


project. Special care will be taken in imposing necessary speed
restriction, caution, arranging necessary traffic blocks & OHE
blocks, where necessary etc. in order to ensure safety at all times.

(iv) Accuracy, quality of workmanship safety of the works being carried


out by the contractors.

(v) High standards of quality assurance in the execution of works;

(vi) Completion of work in the prescribed time schedule

(vii) Implementation of environmental mitigation measures ;

(viii) That the Project Management Consultant’s personnel are experienced


in modern methods of contract management and construction
supervision, ensuring professional construction supervision adhering
to quality, target completion dates, compliance with the drawings,
technical specifications and various requirements of the work’s
contract documents including safety;

(ix) That the Project Management Consultant shall assist the


Contractor(s) and the Employer as directed by the Employer, till the
assets are handed over to the railway for operation.

(x) The application of reasonable and consistent design requirements in


construction.

(xi) Minimizing claims disputes and assist in resolving them.

(xii) The works requiring prior CRS sanction shall only be taken up after
CRS sanction has been obtained.

(xiii) Optimal utilization of resources/contractual provisions with a view to


bring economy in execution.

(xiv) Accurate measurement of work done for payment, record and


verification.

(xv) Timely payments and recovery of advances, various securities and


liabilities including statutory recoveries.

(xvi) Implementation of various Labour Rules, Regulations and welfare


measures as per the rules in force and laid down provisions in the
Agreement.

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(xvii) Assessment of material requirements to be supplied by the Employer


and its proper accountal.

(xviii) Preparation of schedule for supply of materials and machinery to be


supplied by the Employer and the Contractor.

(xix) No variations, other than specifically permitted, shall be allowed to


be executed.

(xx) Appraising the Employer through progressive reports mentioned in


Para 5.8.

(xxi) All mandatory testing as per the codal provision and instructions for
P. way, signalling & electrical work and Environmental monitoring
Plan are being conducted and records of such test be preserved for
future."

(xxii) All machinery and equipment purchased by the contractor, against


which either he has availed excise duty/custom duty exemptions or
purchased against advance released by RVNL, should be available at
site and should not be allowed to be removed from site without prior
permission from the Employer.

4 Scope of Consultancy Services:


4.1 The status and the scope of works to be executed by the contractors under
this Project are given in Annexure 2 of these Terms of Reference.
4.2 The scope of the consulting services includes but is not limited to the
following:
4.2.1 Consultant’s Role: The consultants will nominate a Project Manager to act
as the Engineer of the construction contract(s) and deploy other personnel as
per requirement of Employer for provision of services.
4.2.2 Consultant’s Authority: The Project Manager on behalf of the Consultant
shall exercise such authority, in his capacity as the ‘Engineer’ defined in the
construction contract(s).

4.2.3 Consultant’s Responsibility:

The Project Management Consultant shall be responsible for the following:


a) Getting developed Project Management Plan within 30 days from the
Effective Date in the format specified by General Consultant and/or
Employer using Project Management Software as specified in the
works contract.
b) Developing systems and procedures to administer the construction
contracts and ensure that the contractual requirements, with respect
to both quality and quantity of work, are respected and the works are
constructed in accordance with the provisions of the construction
contract. The consultant shall finalize these within 45 days of

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effective date. This includes job related to proper accountal of the


material both supplied by the contractor and the old released one.
c) Maintaining copies of all reference documents, specifications, and
drawings in a systematic manner in the office of the Project Manager
and provide relevant documents forms and stationery to site
supervision personnel.
d) The consultant shall provide competent staff in full complement.
e) Making all engineering decisions required for the successful and
timely implementation of the construction contract.
f) The consultant shall arrange to train its Personnel who are deployed
for the Management of the Project, from time to time, as may be
required, for efficient Management.
g) Project Planning, Project coordination, Project interfacing or linkages
necessary for commissioning of the project.
h) Checking of various drawings and designs as per Note No. 3 of
Form 11.
i) Expeditious completion of work to ensure the required time schedule
j) Supervision of all construction work.
k) Conflict management and Change Management.
l) Making all necessary measurements and certify payments as per
RVNL’s Procedure Order No. 2008/RVNL/P/Policy/431 dated
...........with latest amendment/revised procedure order. In addition
PMC is required to certify provisional interim payment of the
contractor within 2 days after receiving statement & supporting
documents from the contractor, and certify interim payment
certificate after detailed check within 28 days after receiving
statement & supporting documents from the contractor.
m) One level of checking of various drawings, plans, designs,
documents prepared by construction contractor before submission to
railway for their approval. This will include carrying out required
alterations in the drawings in the process of approval. This also
includes arranging various drawings (prints or tracings, as a case may
be) from railway for reference or for alterations/modification
required for execution of the work. Approval of Railways to various
plans, design, documents etc. shall be arranged by the Consultant.
n) Assist in preparation of CRS applications and the related follow-up
work in Railways or other offices as directed by the Employer.
o) Ensuring compliance to all safety requirements while progressing the
work.
p) To propose a viable phase working plan for the work, if situation
warrants.
q) Ensuring consignee inspection, receipt of materials at site, accountal,
issue of materials to works Contractors, (including materials
procured through Supply contractors) and proper storage by Works
Contractor.
r) Project monitoring for the implementation of the Project up to the
end of the defect liability period.
s) Deleted.

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t) Preparation and submission of monthly and quarterly reports as per


formats specified by the General Consultant and/or Employer,
required for management of the project.
u) Ensuring compliance of the works contractor to all relevant laws as
specified in the works contract including taking measures for
alleviation of HIV/AIDS and prevention of human trafficking.

4.2.4 Compliance with MOU/agreements:


Compliance with terms of memorandum of understanding (MOU) of Rail
Vikas Nigam Limited with concerned Zonal Railway(s)/Division (s).

4.2.5 Environmental Issues:

Monitoring of environmental mitigation measures as per Chapter 6 of


Section 6 – Employers requirement of the execution contract bid document
(if person months for Environment Expert are indicated in Form 11).

The brief descriptions of the Environmental issues / requirements are as


under –

1. Provide technical guidance to the contractor for implementation of the


EMP and preparation of checklists / formats / reports etc.
2. Conduct regular monitoring of the implementation of the EMP by the
contractor.
3. Conduct regular monitoring of environmental quality (air, water, noise,
soil) in and around the construction site as given in the EMOP
(Environmental Monitoring Programme) in the IEE report, and maintain
records for the same.

5 Detailed Terms of Reference:

5.1 ACTIVITIES TO BE TAKEN UP BY CONSULTANT BEFORE


COMMENCEMENT OF WORK BY THE WORKS CONTRACTOR:

5.1.1 Consultant shall study the information provided by the Employer such as
drawings, designs, reference points etc. He shall also study various rules,
regulations, codes, practices etc., applicable to Railway working and rules,
regulations and by laws of state and central government as applicable to
project under implementation including the agreement entered in to with the
agency/agencies entrusted by the Employer for execution of works for
project completion. He shall also study the special conditions of contract and
detailed specifications to identify and decide:

a) The Methods and The Means to be employed for execution of


works.

b) The detailed programme given by the works Contractor for


implementing the various activities of the project including
stage working, if any, for achieving the Employer defined
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mile stone progress during the execution of project leading


to successful completion of all works under the project
including putting the created assets to use.

c) The requirement of men, machinery and material for the


desired progress at different stages of project execution in
advance, so that the project gets implemented without any
hindrances as per the above mentioned programme.

d) Planning the requirement of machinery and materials which


shall be issued by Employer, scheduling and ensuring the
availability of machinery and materials at site in consultation
with the Employer and their proper utilization and accountal.

e) Checking along with the works Contractor, the correctness or


otherwise of the Employer provided reference points, data,
drawings and take corrective action by way of
modifying/rectifying/supplementing the available reference
points/data/drawings and to remove any
inconsistencies/redundancies/voids (gaps) in the execution
plan/schemes for safe and economical execution of works.

f) Planning for the various checks and supervisory/managerial


functions to be performed in-house for the Project
Management Consultancy, and providing competent,
qualified and experienced staff including support staff to
ensure implementation of various obligations of the works
contract.

g) Planning for maintenance of Records to be kept e.g. checks to


be carried for passing of materials/works at various stages,
measurement of works/materials used, Accountal of materials
etc.

h) Planning for submitting various documents required for


works requiring EIG/CRS’s sanction, checking of
Completion drawings, plans, work closed statements etc.

5.1.2 Review: The Consultant shall

(i) Review the Detailed Project Reports, including the detailed


construction drawings, and the contract for the project work. The
review shall identify any defects or omissions that compromise the
completeness or consistency of the design including checking of
design or affect the viability, accuracy or implementation of the
construction contract.

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(ii) Review the adequacy of the contractor’s quality management system


and contractor’s proposed personnel specified in the construction
contract.

(iii) Checking of designs/drawings as to functionality, general layout,


adherence to specifications and provisions of relevant codes,
constructability and construction impacts, maintainability and
aesthetics;

(iv) The approved Design and Drawings made available by Employer


will be required to be checked by PMC for correlating the data
shown in drawings with actual available at site, minor changes (e.g.
change in foundation design because of actual type of soil strata
found during excavation resulting in variation from design soil
bearing capacity, change in dia of reinforcement due to non-
availability of the reinforcement shown in the drawing etc.). Review
drawings and specifications for construction including suggestions
on design changes during progress of work. Drawings not included in
the construction contractor’s scope including those required for
phase working shall be prepared by the consultant. The drawings
and design work has to be followed till the submission of as made
(i.e. completion) drawings to railways. Checking of Design and
Drawings for all temporary works (except that of the launching
scheme for triangulated steel girders), and checking of Design and
Drawings for Electrical and S&T works (e.g. Signal Interlocking
Plan, Selection Table, Circuit diagram, cable layout drawings,
modification of Overhead Power Lines etc.) will also be done by
PMC.

(v) Deleted

(vi) Deleted

(vii) Liaison between various contractors, designers.

(viii) Review proposal for acceptance by RDSO under the guidelines of


cross acceptance for any equipment or system proposed by the
contractor for execution of the work.

5.2 Quality Assurance: The Consultant shall:

a) Prepare a Quality Assurance Manual, detailing the consultant’s quality


assurance/control procedures, to be submitted within 30 days of
commencement of services.

b) Assist the contractor to evolve a system of Quality Assurance for the


works, including but not limited to, establishing testing frequencies and
acceptance criteria for all materials and construction activities in
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accordance with the specifications. The system should specify the


prescribed quality checks and their frequency to be performed,
acceptable limits for each quality check and do’s and dont’s for all
important activities, in appropriate format acceptable to the Employer,
so that the same can be provided to the concerned field officers
responsible for supervision of respective items for ready reference.

c) Ensure that the procurement of materials and equipment are from the
authorised sources and are duly inspected by the nominated agencies.

d) Inspect and approve all materials received at site proposed to be


incorporated in works;

e) Check concrete mix designs proposed by the contractors and


approve/suggest modifications to the mix designs, laying methods,
sampling, testing procedures and quality control measures to ensure the
required standards and consistency in quality at the commencement of
activities;

f) Inspect the quality of the works with regard to workmanship, compliance


with the specifications and all necessary testing required for acceptance
of any item of work;

g) Assess and check the laboratory and field tests carried out by the
contractor, and carry out independent tests in the site laboratory,
wherever necessary;

h) Maintain records of all testing, including cross referencing to items of


work to which each test refers and the location from which any samples
were obtained for testing.

i) Issue orders to the contractor to remove or make good any work which is
found to be:

a) Not in accordance with the drawings.


b) Not in accordance with the specifications in terms of either
work methods or materials specifications.
c) Covered prior to inspection for acceptance or after rejection
as unacceptable.

5.3 Project Control:

5.3.1 The consultant shall monitor the project covering all aspects of the project
but not limited to:

 Progress in accordance with schedules with the objective of taking


remedial measures to ensure project completion date and costs.

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 Critical Interface requirements particularly when different agencies are


involved whether under different contracts or within the same contract
for works.
 Cost Control
 Environmental matters
 Quality Control

5.3.2 The Consultant shall develop systems to professionally manage the project
implementation. The system to include the physical and Financial Progress
vis-à-vis program and forecast cash flow. Project Management Software, as
mutually agreed with the Contractor and the Employer. The Program must
identify the milestones, interface requirements and program reporting
elements. The consultant shall supply a soft copy of program (macro)
developed. The output shall be updated every month.

5.3.3 Project Management control to include cost, schedule, quality control,


technical performance and reporting for the entire project, up to the end of
the defect liability period of the contract.

5.3.4 The consultant shall take actions as may be necessary for expeditious
completion within the contract period.

5.4 Construction Supervision:

5.4.1 The Consultant shall:

(i) Ensure adequacy, stability and safety of all personnel and


construction works being executed by the contractor during the
construction, operation and maintenance up to the end of the defect
liability period, including ensuring the safety of the running trains in
the vicinity of the project site.

(ii) Ensure that the works to be carried out on running lines are
coordinated, planned meticulously and executed without exceeding
the traffic and power block, ensuring that Railway operations are not
disturbed by duly coordination with Railway authorities,
arrangement of power and traffic blocks from Railway will also be
the responsibility of consultant. He shall also ensure safety of
workers, Railway assets, Rolling stock and Railway users.

(iii) Conduct site visits to review progress in implementation, including


physical progress, environmental mitigation, contractor performance,
and adequacy of contractor’s supervision.

(iv) Assist/advise the Employer timely regarding handing over the site by
Railway which they will hand over in stages, in the advance actions
required to be taken for the handing over of the site and to achieve
the milestones for completion of the construction packages.

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(v) Assist the Employer in co-ordination with different agencies and


hold meetings for proper and timely implementation of the Project.

(vi) Assist the Employer for liaison and co-ordination with the relevant
authorities to remove all obstacles and encumbrances from the
project site, including utility relocation and tree cutting, as required.

(vii) Assist the Employer in coordination with different agencies and hold
meetings for proper and timely implementation of the project.

(viii) Assist the Employer in the proper monitoring of progress of the


works through computer aided project management techniques.

(ix) Check contractor setting out for conformance with the drawings.

(x) Maintain close liaison with State Electricity Board to ensure


modification of overhead power lines.
(xi) Prepare/issue modified drawings required for variation orders, or any
other change, agreed by the Employer.
(xii) Approve contractor’s proposed designs/drawings for all temporary
works except that of the launching scheme for triangulated steel
girders.
(xiii) Inspect at regular intervals the contractor’s plant and facilities,
including the workers’ accommodation at site, to ensure conformity
with the construction contract and all government/state regulations.
(xiv) Inspect the contractor’s safety measures, including labour welfare,
and immediately notify both the Employer and the contractor of any
infringement or violation.
(xv) Maintain records, working/as-built/completion drawings, test data,
details of variations, correspondence, and diaries in the formats
approved/specified by the Employer.
(xvi) Verify lines and levels to ensure works are being executed as per the
approved drawings/layouts, alignments and levels.

(xvii) Check all hidden measurements through Project Manager/Resident


Engineer which shall be recorded by Experts before covering the
works.

(xviii) Ensure that the materials used meet the specifications.


(xix) Ensure that the quality of workmanship and the temporary
arrangements/structures made for carrying out the works meet the
requirement of specifications and safety standards.

(xx) Ensure that the reinforcement provided is as per the approved


drawings tied properly with cover blocks and chairs as required.
xxi) Inspect the works or any part of the works, at substantial completion
and advise the Employer and the contractor of any outstanding work,

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including defect, to be completed/remedied during the defect liability


period.
(i) Inspect the works at appropriate intervals during the Defect Liability
Period.
(xxiii) Ensure “as-built/completion” drawings, as true record of the works
as constructed, are documented and kept in a systematic manner by
the contractor.
(xxiv) Prepare an inventory of the completed works, in a format agreed with
the Employer, for use by the maintaining authority.
(xxv) Maintain accountal of various materials and machinery as stated
below.
(xxvi) Maintaining material at site account for (a) all materials to be issued
by the Employer free of cost, (b) all released materials till they are
handed over to the Railway/re-used.
(xxvii) Maintaining accounts of (a) material brought to the site by the
Contractor for which secured advance has been paid and the use of
such material; (b) other materials brought to the site by the
Contractor for which part payments are arranged and the use of such
material; (c) other materials brought to the site by the Contractor for
which, no payment will be made till they are laid and use of such
material for execution of works.
(xxviii) Maintenance of accounts of machinery made available by the
Employer to the Contractor, either free of cost or otherwise, and their
effective utilization.
(xxix) Submission of monthly statement of material consumed and material
balance available to employer and review the consumption.

5.5 Conflict and change Management:

5.5.1 Any disputes with regard to works being executed by the contractor shall
be resolved in the most amicable manner in accordance with the provisions
of the contract.

5.5.2 The proposals for variations shall be processed in the shortest possible time
duly coordinated with the Contractor and the Employer

5.6 Measurement and Payment:

5.6.1 The Consultant shall:

i) Take measurements (including plotting of cross sections for


earthwork) and keep measurement records, in measurement books
issued to him by the Employer.
ii) Issue interim certificates for progress payments.
iii) Certify completion of part or all of the works.
iv) Review and ensure continuity of the contractor’s sureties in approved
formats.

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v) Prepare quarterly cash flow projections for the Employer in a format


acceptable to the Employer. Cash flows should identify budget
estimates for all outstanding work.
vi) Update cost estimates on completion of 50 percent, 75 percent and
100 percent of the Project.
vii) Maintain records of all plant, labour and materials used in the
construction of the works.
viii) Check and agree the contractor materials ordering schedule.
ix) Analyze claims submitted by the contractor and prepare a report for
the Employer addressing the contractual basis, in terms of both
technical and financial issues, for the claims and recommendations
for a response to the contractor.
x) Assist the Employer in providing clarifications/explanations to the
observations made from time to time by auditors.
xi) Co-operate and assist the Central Vigilance Commission and other
organizations as instructed by the Employer in the event that the
construction of the Project is subject to review.
xii) Adhere to RVNL’s Procedure Order No. C/RVNL/065/2006/3 Pt.III
dated 13th Feb.2019 for measurement and payments, with latest
amendments, and also adhering to provisions in specifications and
Bill of Quantities as detailed in the construction contract.

5.7 Project Completion:

5.7.1 The Consultant shall issue the relevant certificates as may be required in the
construction contract documents.

5.7.2 Consultant shall be responsible to obtain all records of completion drawings


and completion documents from the contractor and prepare completion
estimates in accordance with provisions of Indian Railways Engineering
Code. This shall be submitted within six months of issue of taking over
certificate.

5.8 Reports:

5.8.1 The Consultant shall prepare and issue to the Employer six (6) copies of the
following reports, the format and content of which are to be acceptable to
the Employer:

(i) An Inception Report to be submitted within 21 days of commencement


of services.

(ii) Project Management Plan: Within 30 days of the Effective Date.

(iii) Systems and Procedures duly covering quality and safety plan: Within
45 days of Effective Date of services along with necessary proformas,
stationery for smooth functioning.

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5.8.2 In addition to the above the Consultant shall provide the following reports in
a format approved by the Employer.

i) A daily report including significant events, if any, on the previous day.


The report shall be sent by e-mail or fax to the Employer’s head office
and the Employer’s representative at site. This report will also include
any event/happening which is likely to affect the progress, quality of
work and safety.

ii) A brief monthly progress report to be submitted within 7 days of the end
of each month. This report should include details on progress of
checking of designs/drawings/approval of drawings and specifications
for construction, deployment of technical and supervisory staff by the
Contractor and progress of construction work with reference to the
targets.

The report should also include:-

(a) List of approval sought and given.

(b) Measures aimed at course corrections – their requirement and their


implications.

(c) Unresolved claims their genesis, justifications and recommendations


on the same.
iii) A detailed Quarterly Report, to be submitted within 14 days of the end of
each quarter. Quarterly reports should include a description of project
activities illustrated by progress/completion photographs, status of any
delays and detailed plan to make up any shortfall or deficiency, status of
contractual claims, and details of all latest financial projections;

iv) A detailed Contract Completion Report with completion documents


within 6 (six) months of completion and date of commissioning.

v) Any other report as sought by the Employer from time to time.

6 Implementation Arrangements:

6.1 It is anticipated that the consulting services defined under this TOR are
anticipated to commence as specified in Data Sheet in Section 2 hereof. The
actual commencement date will be confirmed during negotiations and will
be dependent upon progress towards the award of the construction contract.

6.2 The period of services has been derived on the basis of the consulting
services commencing in the same month as the commencement date of the
construction contract and extending 180 DAYS into the Defect Liability
Period. However, neither the Commencement Date(s) nor the end of the
Defect Liability Period shall be construed as necessary conditions of either
commencement or completion of the consulting services.
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6.3 Project Director, nominated by the Employer, will be the Employer’s


Representative.

7 Consultant’s Organization & Staffing

7.1 Organization:

7.1.1 The Employer’s require the projects to be managed in three tiers as given
below:
 Project Manager(s)
 Resident Engineers (Discipline wise)
 Experts and supervisors(Discipline wise)

7.1.2 Office staff team shall assist the personnel managing the project.

7.2 Estimate of Person-months of Personnel :

7.2.1 The estimated person-months of personnel are given below:

SN Description of Personnels Unit Quantity


A Key Personnel
Project Manager (PM)/Civil
1 Person-month 30
(1 x 30)
Resident Engineer (RE)/Sub-Structure/Civil
2 Person-month 90
(3x30)
Resident Engineer (RE)/Steel Bridges
3 Person-month 27
(1 x 27)
Resident Geotechnical Engineer
4 Person-month 30
(1 x 30)
CE-I-Civil Engineer Expert
5 Person months 120
(4 x 30)
CE-Sub Structure Expert
6 Person months 240
(8 x 30)
CE-II - Superstructure Expert / Steel Bridge
7 Person months 108
(4 x 27)
Electrical Expert (OHE/TSS/SCADA/GS)
8 Person months 12
(1 x 12)
Expert - Safety, Health and Environment
9 Person months 60
(2 x 30)
Quality Control Expert
10 Person months 120
(4 x 30)
Expert Alignment and Survey
11 Person months 60
(2 x 30)
Expert - Contract Management
12 Person months 30
(1 x 30)
Estimating Expert
13 Person months 30
(1 x 30)
B Supervisor
Supervisor - Civil Engineering
1 Person months 360
(12 x 30)
Supervisor - Steel Bridges
2 Person months 54
(2 x 27)

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SN Description of Personnels Unit Quantity
Surveyor
3 Person months 81
(3 x 27)
Supervisor - Quality Control
4 Person months 120
(4 x 30)
Supervisor - Geologist
5 Person months 60
(2 x 30)
C Office Staff Team
Computer Operator cum Stenographer
1 Person months 90
(3 x 30)
Clerk cum Record cum Store keeper
2 Person months 90
(3 x 30)
Office Attendant /Chainman
3 Person months 120
(4 x 30)
Draftsman (Civil)
4 Person months 90
(3 x 30)
Accountant
5 Person months 60
(2 x 30)

Note:
1. Project Manager will be the overall in charge of the work as grouped
above.

2. Employer reserves the right to reduce the number and estimated


person-months of key personnel, supervisors and Office Staff without
any claim on either side.

7.3 Consultants Key Personnel - Role & Responsibility:

7.3.1 While the role and responsibility of the personnel have to cover the
provisions of the TOR, details for Project Manager are given below for the
guidance of Consultants

i) Project Manager: He shall:


a) Be in the overall charge and control of the project contract.
b) Be the nodal person for the Employer.
c) Perform the role and responsibility envisaged for the consultant in
these TOR and Contract agreement as a whole and act as the
‘Engineer’ for that contract.
d) Be the leader for contract management, contract administration (post
award) which also includes site supervision, Quality Control in
accordance with provision of these TOR.
e) Comply with the instructions given by the Employer for proper
execution of the project.
f) Distribute the role and responsibility of each of the personnel
working under him in consultation with the Employer.
7.3.2 The qualifications of personnel required are indicated in various forms in
Section 3 i.e. Form 8 A for respective positions.

7.4 Deleted.
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7.5 Facilities for the PMC Personnel:

(a) The Consultant shall provide mobile phones for communications to all
the personnel at his own cost. In case of failure of the Consultant to do
so, the Employer may purchase and provide the same and recover double
the cost incurred from the bills of Consultant.

(b) The facilities to be provided to the PMC by the contractor are specified
in data sheet attachment 2 of Section 2. However, safety equipment like
safety shoes, jacket, helmets etc for PMC staff (over and above that
provided by the contractor) may be procured by the Consultant (to
ensure that each and every personnel of the PMC is provided with safety
equipment) of after obtaining prior approval of the Employer or the same
shall be provided by the PMC on the instructions of the Employer and
the expenditure incurred on the same shall be reimbursed to the
Consultant under GCC clause 6.14.

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Annexure 1 (Section 4)

Safety aspects specified for execution of Works Contract(s) for which presently
Project Management Consultancy Services
Is called for

Employer’s requirement regarding safety aspects are stipulated in the Bid


Documents for the works Contract(s) under Section 5 and its Corrigenda,
which may be referred to.

SAFETY IS PARAMOUNT. SPECIFIC PROVISIONS MADE IN THE


BID DOCUMENT FOR THE EXECUTION OF WORK REGARDING
SAFETY AND SECURITY ARE REPRODUCED BELOW FOR
READY REFERENCE.

1 Safety and Security


1.1 The works included in this contract are to be carried out close to the public
utilities, therefore, safety of the public is paramount. Therefore, all activities
undertaken by the Contractor / his Sub-contractors shall ensure safety at all
times. The contractor shall comply with the instructions issued by the
Railway / Engineer / Employer from time to time to ensure safety while
carrying out works. The rates quoted by the Contractor shall be deemed to
include all expenditure incurred in compliance with the same.
The contractor should submit a specific site safety plan within 45 days from
date of issue of Letter of Acceptance for approval.

The Contractor shall use the Manual for Safety, Health, Environment and
Disaster Management during construction as a guidance document and
observe all the provisions during the contract period.
The works included in this contract are to be carried out in a hilly terrain
which involves forest area also with villages located in the vicinity. The
Contractor shall, at all times, be responsible to take all precautions and adopt
such methods of working as will ensure safety of public, structures,
equipment, workers and the environment – in particular the flora and fauna
and the wildlife in the forest area. If at any time the Employer or the
Engineer finds the safety arrangements inadequate or unsafe, the Contractor
shall take immediate corrective action as directed by the Employer /
Engineer. The contractor shall comply with the instructions issued by the
Employer / Engineer while carrying out the works.
The provisions of Clause 17.1 of the General Conditions of Contract with
regard to the Contractor having to indemnify the Employer, the Employer’s
Personnel and their respective agents, against and from all claims, damages,
losses and expenses (including legal fees and expenses) will apply equally to
all claims, damages, losses and expenses (including legal fees and expenses)
in respect of any damage to the environment, ecology and the local, flora,
fauna and wildlife.
The Contractor remains fully responsible for ensuring safety. In case of any
accident the cause of which is attributed to the Contractor, the Contractor
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shall bear the cost of all damages to his equipment and men and also
damages to the Employer’s men and property and to Railway.
The cost of complying with all safety and security requirements, including
all the connected costs of all labour and materials, shall be deemed to have
been included in the item rates and percentage rates quoted by the
Contractor in his bid. No extra payments shall be payable on such account.
1.2 Before starting any excavation work, the contractor shall ensure that
necessary permissions has been obtained and required precautions have been
taken for doing such work.

1.3 Deleted
1.4 Deleted
1.5 Deleted
1.6 Deleted
1.7 Deleted

1.8 Ancillary and Temporary works


(a) The Contractor may be required to provide ancillary and temporary
works such as temporary supports. The following Sub-clauses shall
govern the provision of such ancillary and temporary works
(b) The Contractor’s proposals for erection of all ancillary and temporary
works shall be got approved by the Engineer in advance.
(c) The Contractor shall submit drawings, supporting design calculations
where called for by the Engineer and other relevant details of all such
works to the Engineer for approval at least one month before he
desires to commence such works. Approval by the Engineer of any
such proposal shall not relieve the contractor of his responsibility for
the sufficiency of such works. Suitable and additional ancillary works
as demanded by site conditions shall be executed by the Contractor at
his own cost.
(d) The Contractor shall, at his own cost, design and provide any
temporary arrangements including relieving/service girders required in
connection with the above said works and remove the same, when no
longer required. These arrangements shall conform to Railway
norms. The contractor shall obtain all necessary approvals and
sanctions of the concerned authorities in advance and well in time.
(e) The Contractor shall ensure and be entirely responsible for proper
design, fabrication, provision and upkeep of all temporary
arrangements and all associated activities so as not to endanger safety
of any assets, running track, traffic and traveling public and for
following all extent instructions, norms, practice and procedures laid
down by Railway authorities in this respect, which may be
ascertained from the Railways through the Engineer.
(f) If required, Railways may, in order to ensure the safety of the
running track, post at site regular Railway staff to watch the efficacy
and safety of temporary arrangements and protection measures round
the clock for the period the same exist in the running line and till the
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running line is restored back to normal. Railways may also supervise


the insertion, maintenance and removal of the temporary
arrangements. The cost of such staff shall be borne by the Employer.
(g) Notwithstanding the above, the Contractor shall not, be relieved of
his responsibility and obligation as aforesaid.
(h) Save as provided in para (f) above, the contractor shall bear the cost
of complying with all safety requirements. No extra payment will be
made for complying with the safety provisions and the cost of all such
elements to meet the safety requirements shall be deemed to be
included in the Bill of Quantities.

1.9 The contractor remains fully responsible for ensuring safety. In case of any
accident, the Contractor shall bear cost of all damages to his equipment and
men and also damages to Railway and its passengers.

1.10 Suitable barricading to forewarn road vehicle driver shall be provided by the
contractor. The luminous tape, strung on bamboo or steel poles can be
considered for such barricading. Barricading arrangement should be got
approved by the Engineer.

1.11 Indemnity by Contractor

The Contractor shall indemnify and save harmless the Railway / Employer /
Engineer from and against all actions, suit proceedings, losses, costs,
damages, claims, and demands of every nature and description brought or
recovered against the Railways / Employer / Engineer by reason of any act or
omission of the contractor, his agents or employees, in the execution of the
works or in his guarding the same. All sums payable by way of compensation
under any of these conditions shall be considered as reasonable compensation
to be applied to the actual loss or damage sustained, and whether or not any
damage shall have been sustained.

1.12 Damage to Railway Property or Life or Private Property


The contractor shall be responsible for all risks to the works and for the
trespass and shall make good at his own expense all loss or damage whether
to the works themselves or to any other property of the Railway or the lives
of persons or property of others from whatsoever cause in connection with
the works until they are taken over by the Employer and this although all
reasonable and proper precautions may have been taken by the Contractor,
and in case the Railway/Employer/Engineer shall be called upon to make
good any costs, loss or damages, or to pay any compensation, including that
payable under the provisions of Workmen’s compensation act or any
statutory amendments thereof to any person or persons sustaining damages
as aforesaid, by reason of any act, or any negligence or any omissions on
the part of the contractor, the amount of any costs or charges including costs
and charges in connection with legal proceedings, which the
Railway/Employer/Engineer may incur in reference thereto, shall be charged
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to the contractor. The Railway/Employer/Engineer shall have the power and


right to pay or to defend or compromise any claim of threatened legal
proceedings or in anticipation of legal proceedings being instituted
consequent on the action or default of the contractor, to take such steps as
may be considered necessary or desirable to ward off or mitigate the effect
of such proceedings, charging to Contractor, as aforesaid, any sum or sums
of money which may be paid and any expenses whether for reinstatement or
otherwise which may be incurred and the propriety of any such payment,
defence or compromise, and the incurring of any such expense shall not be
called in question by the Contractor.
1.13 Safety of Public
(i) The Contractor shall be responsible to take all precautions to ensure
the safety of the Public whether on Public or Railway property and
shall post such look out men as may in the opinion of the Engineer
be required to comply with regulations pertaining to the work.
(ii) The Contractor shall provide effective barricading using G.I.
corrugated sheets around foundation pits, trenches, erection sites,
demolition sites etc., to prevent accidents and injuries to the public.
He shall erect barricading duly leaving safe passage for the
movement of the public as per the directions of Engineer.
(iii) No payment will be made for providing such barricading and the
rates quoted by the Contractor shall be inclusive of such safety
measures.
1.14 Reporting of Accidents
The Contractor shall report to the Engineer details of any accidents as soon
as possible after its occurrence. In the case of any fatality or serious
accident, the Contractor shall, in addition, notify the Engineer and the
Employer immediately by the quickest available means.
1.15 Life-saving Appliances and First-aid Equipment:
The Contractor shall provide and maintain upon the Works sufficient, proper
and efficient life-saving appliances and first-aid equipment to the approval
of the Engineer and in accordance with the requirements of ILO Convention
No. 62. The appliances and equipment shall be available for use at all time
1.16 Security Measures
(a) Security arrangements for the work shall be in accordance with general
requirements and the contractor shall conform to such requirements and
shall be held responsible for the action or inaction on the part of his
staff, employees and the staff and employees of his subcontractors.
(b) Contractor’s as well as Sub Contractor’s employees and representatives
shall wear identification Badges (cards), uniforms, helmets, gum boots
and other safety/protection gadgets/ accessories provided by the
Contractor. Badges shall identify the Contractor and show the
employee’s name and number and shall be worn at all times while at
site.
(c) All vehicles used by the contractor shall be clearly marked with the
Contractor’s name or identification mark.
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(d) However, at work sites where public and/or traffic movement is there
and they are likely to come close to the work area, suitable barricading
as proposed by the Contractor and approved by the Engineer shall be
provided and no additional payments will be made for such
barricading”.
(e) The contractor shall be responsible for security of works for the
duration of the contract and shall provide and maintain continuously
adequate security personnel to fulfil these obligations. The
requirements of security measures shall include, but not be limited to,
maintenance of Law and Order at site, provision of all lighting, guard,
flagmen, and all other measures necessary for protection of works
within the colonies, camps and elsewhere at site, all materials delivered
to the site and all persons employed in connection with the works
continuously through out working and non-working periods including
nights, Sundays and holidays, for the duration of the contract.
However, at work sites in close proximity of traffic corridors where
public and traffic are likely to come close to the work area, suitable
barricading as proposed by contractor and approved by Engineer shall
be provided.

(f) No separate payment will be made for providing security measures and
will be deemed to be included in the rates quoted by the contractor.

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Annexure 2 (Section 4)
Scope of Works Specified for execution of Works Contract(s)
for which
Project Management Consultancy Services
are called for

Employer’s requirements as stipulated in Bid Documents for the works contract(s)


is contained in the Bid Document under Section 5 and in its Corrigenda, which may
be referred to. Some of the details with the same para numbers as in the bid
documents and in its Corrigenda are detailed below for ready reference. The A&C
issued may also be referred.

2.0 SCOPE OF WORK

2.1 Introduction:
This work pertains to “Construction of Foundations, Substructure &
Superstructure alongwith River Training/Protection Work, Earthwork &
Allied works for 05 Important Railway Bridges over Donal Khad, Dabatwali
khad, Balaknath Khad, Dharot I Nala & Dharot II Nala between Km 3.50 to
Km 20.00 in connection with Construction of Bhanupali-Bilaspur-Beri New
BG Line in the States of Punjab & Himachal Pradesh, India”

A.) Overview of Scope of The Work


(i) Ministry of Railways has decided to extend railway connectivity to Beri
in District Bilaspur of Himachal Pradesh, India by constructing a new
Railway line from existing Rail head at Bhanupali on Sirhind-Nangal
Section of Ambala Division, Northern Railway in the State of Punjab,
India.
(ii) Rail Vikas Nigam Ltd. (RVNL) has been entrusted with the work of
execution of new BG Rail Link from Bhanupali (Punjab, India) to Beri
(Himachal Pradesh, India) as a part of Northern Railway.
B.) Brief Description of the Project:

The Bhanupali-Bilaspur-Beri new Broad Gauge (BG) Railway line is a very


important development project undertaken by Ministry of Railway. The
major portion of alignment of the new line falls in outermost Sub-Himalayan
and Lesser-Himalayan mountain belt. The proposed alignment passes
through Rupnagar district of Punjab and Bilaspur district of Himachal
Pradesh.
i) Topography: The proposed alignment from Bhanupali (Punjab,
India) to Beri (Himachal Pradesh, India) via Bilaspur between
Longitude 76.4247° E to 76.8346° E and Latitude 31.2970° N to
31.4150° N. The total length between Bhanupali and Beri is
approximately 63 km. The entire length of the project alignment
falls in outermost Sub-Himalayan and Lesser-Himalayan mountain
belt. The physiography of the area can be divided into 4 units-
Siwalik Hills, Inter mountain valley of Sutlej, Kandi/Sirowal
formations and Alluvial plains. These run parallel to each other. The
area is drained by Sutlej river basin. Project area is a part of this
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Sutlej basin. There are seven main hill ranges in this area i.e. Naina
Devi, Kot, Jhanjiar, Tiun, Bandla, Bahadurpur and Ratanpur.
ii) Geological Features:
The area traversed by the proposed alignment is situated in hilly
terrain of outermost Sub-Himalayan and Lesser-Himalayan mountain
belt. Geological mapping in scale of 1 in 1000 upto km 20.00 along
railway alignment has been carried out and is available in the RVNL
office.
The area through which the proposed alignment passes lies in cusp of
Seismic Zone IV and V as per Seismic Zoning Map of India (IS:
1893-1984).
iii) Climate, Rainfall And Environmental Characteristics:
The monsoon normally occurs in the mid of June to September. The
starting point of this link i.e. Bhanupali is existing on Sirhind-Nangal
section of Northern Railway. The project area in districts Rupnagar
and Bilaspur are connected by National Highway no.21.
C.) Site Information
Land: The land at Bridge locations fall in the states of Punjab and Himachal
Pradesh. For land in Himachal Pradesh, it constitutes private land and forest
land. The private land has majorly been acquired for Railways. As regards
the forest land in Himachal Pradesh, the final approval under Forest
Conservation Act has been accorded by concerned authorities. The process
of land acquisition in the state of Punjab is in progress at present and likely
to be completed by July / August, 2019 and the final approval under Forest
Conservation Act has been accorded by concerned authorities. The proposed
centre line has been transferred on field, where RCC pillars have been
provided along the alignment. The contractor shall once again check the
accuracy of the existing pillars before commencing the work of bridges. The
Right of Way has also been demarcated on ground by providing RCC
Pillars.

D.) Access To Site


i) The Bridge locations are accessible through network of existing roads in
the project area. The strengthening of existing roads & construction of
new approach roads for approach to work locations may be required to
be done in isolated locations. However, no claim whatsoever shall be
considered on account of strengthening of existing roads. Such approach
roads to various parts of proposed bridges may also be through Right of
Way along the alignment. The new roads shall be payable under
relevant item of BOQ.
ii) The bidders are encouraged and advised to inspect the site and satisfy
themselves about the existing road network and approaches to various
portal locations.
2.2 Scope of Present Tender
The work involves construction of five important bridges between km3.50 to
km20.00 of the alignment. The tentative chainages and coordinates of these
bridges have been given in para 1.1.1 of Chapter-1 of this Section. The scope
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of work primarily involves but not limited to the following.


i) Salient features of the five important bridges are as given below:
(a) Type of foundation: Open foundation and / or well foundation
(b) Type of Substructure: RCC Solid / hollow Circular Shaft
(c) Type of Superstructure: Composite Steel Plate Girder with RCC
Deck Slab
(d) Type of Bearings: Mainly Spherical bearings
ii) These bridges involve spans (as per definition in IRS codes) of 30.5 m
and
45.7 m approximately.
iii) Fabrication and Erection of built up sections of superstructure.
iv) Slip-form shuttering shall be required for construction of the shafts in
substructure.
v) Earthwork in cutting and filling, slope protection works, related
drainage works etc.
vi) Launching schemes to be designed and submitted by the contractor.
vii) Allied and other miscellaneous works like protection works, back
filling, pier protection work, approach roads as required etc.
viii) Minor / major bridges as per design.
ix) Environment Impact Assessment (EIA) and Environment Management
Plan (EMP) and monitoring.
x) Installation of Instrumentation Scheme as per direction of Employer, if
required.
xi) The work includes provision for Over Head Electrification masts.
However, the erection of OHE equipment shall be done by another
contractor which shall be invited later.
xii) Works required for rectification of defects or damages over a defect
liability period of 6 months as provided in the General Conditions of
Contract.
xiii) The profile, longitudinal sections & levels of the bridges as indicated in
the relevant drawings of the subject bid document are tentative. The
finalized profiles and the exact locations from where bridge
construction will be commenced and terminated will be as per
approved drawings.
xiv) The earthwork which includes cutting, filling along the railway
alignment.
xv) The earthwork may also be required in railway embankment along the
alignment elsewhere on need basis. The dumping of surplus earth shall
be at approved dumping locations.
xvi) Roadwork
Note:
(a) The approach on bridge No. 2 is also earmarked for the dumping of
surplus earth where other agencies may also work simultaneously. The
contractor shall have to maintain a close coordination for smooth activities at
such locations.

2.3 Formation & Bridges

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A. Formation
Earthwork in formation and cuttings for the full length, laying of a blanket
layer as per RDSO guidelines with suitable materials as approved by
Engineer. The top width of the proposed new alignment for bank shall
normally be 7.85m and 8.15m on curves with 2(H):1(V) side slopes.
Formation shall be 10m wide on approaches of the bridges for about 50m
length. For cutting width of the proposed line excluding side drain shall be
7.85m on straight and 8.15m on curves, side slopes for cutting shall be as
under:
H:V
(i) Hard rock ¼:1
(ii) Soft rock ¼:1
(iii) Moorum/Hard soil/Ordinary soil 1:1

Formation in embankment shall be provided with side slopes of 2:1 or flatter


as required. Side slopes shall be turfed. Bank of height more than 6 Mts shall
be designed for slope stability and the slope shall be adopted accordingly.
Earthwork shall be provided with contractor’s own earth. Formation in
cutting shall be provided with side slopes of 1:1 in ordinary soil and up to
1/10:1 in rocky strata. Flatter slopes in ordinary soil can be adopted subject
to the design.

B. Salient Features of The Line: Salient features of this proposed Line are as
under:
CIVIL Engineering:
Sl. No Description Provision
1. Standard of Construction Group ‘E’.
2. Gauge 1676 mm BG
3. Track structure 60 Kg/90 UTS rails in mainline.
4. Sleeper density 1660 sleepers per km in main line.
5. Ballast cushion Mainline -350mm Minimum.
6. Welding of rails As far as possible, CWR/LWR to be
provided.

7. Formation 1. Blanket of adequate depth to be


provided depending on the sub-grade
proposed.
2. Protective measures, as required
ensuring safety in cutting must be
incorporated.
8. Ruling gradient 1 in 80 (compensated).
9. Speed 100 Kmph
10. TYPE OF LOADING 25 T-2008.

2.4 The contemplated works as a part of this tender consists of --

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(a) Providing and maintaining office accommodation and vehicles for use
of Employer and their Assistants and Staff.
(b) Survey for fixing the working alignment and establishment of working
bench marks for doing Earth Work and Bridges, river training and
protection works.
(c) Earth Work in formation in banks are to be done with suitable filling /
blanketing material. Also required protection works are to be done.
(d) Construction of Major Bridges, Minor Bridges for the proposed new line
including laying of suitable backings for the bridges and earth work in
bridge gaps.
(e) Protection works for bridges against severe exposure conditions and
temperate climate with heavy to very heavy rain fall.
(f) Setting of batching plant for production of controlled concrete.
(g) Setting out alignments and levels and marking of locations for all piers,
abutments of bridges as well as river training and protection works
(h) Making and supply of ‘As Built” drawings of all the assets created.

2.5 The Nature of work:


The works to be executed can broadly be grouped as under:
1. Providing and maintaining office accommodation, equipment and
vehicles for the use of the Employer and their Assistants and Staff
during the contract and defect liability periods.
2. Setting out the alignment of proposed new line and establishing
working, bench marks and alignment references, taking the details from
bench marks and alignment references established by the Employer
earlier. This work has to be done before any works under this contract.
3. Preparation of working plans for longitudinal sections, cross sections
and bridge layouts.
4. Carrying out the work of Earth work in formation in banks with Railway
earth, blanketing material with Contractor’s material, if required. The
earthwork and blanket layer have to be compacted with suitable
machinery at OMC.
5. Construction of Minor bridges (either RCC Box), Major bridges on
approaches of proposed five important bridges. The minor bridges are
either balancing bridges or RUB over village roads or small nullahs and
irrigation canals.
6. Fixing of bridge plaques, bridge boards, painting of HFL etc.
7. Transportation, handling, stacking, watching, protection, etc of all
material from the manufacturer’s works/place of purchase to the sites of
use.
8. Setting out the line and level of alignment for the proposed new line and
establishing working bench marks and alignment references, taking the
details from bench marks and alignment references established by the
Employer/ other designated contractors.
9. For carrying out accurate survey work, survey control points shall be
established along the railway line using high end survey equipment such
as DGPS or Total Station connected with nearest GTS Bench Mark.
Also reference pillars are to be established for relocation. This work is

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meant for maintaining & checking proper alignment of mid section &
bridges for which the contractor is solely responsible.
10. Every precaution has to be taken such that there shall be least
disturbance to road traffic during transportation of construction
materials to the site of work.
11. Making and supply of ‘As Built’ drawings for the new assets created.

2.6 Some Special stipulations/features:


Civil Work
2.6.1 While planning for the work of transportation of construction materials to the
site, the contractor shall maintain the approach road to avoid causing of local
pits leading to water accumulation.
2.6.2 The mechanical means required to meet the stipulations mentioned in the
above sub Para should be arranged by the Contractor.
2.6.3 Railway land, if available and spare able in revenue area, shall be provided
for the purpose of stacking of material and setting up of concrete batching
plant, etc. However, the Contractor shall be responsible for arranging any
such requirement of land and arranging/developing any required approach to
site of work, etc at his own cost. Bidders are requested to examine this aspect
before quoting.
2.6.4 The Contractor shall be required to mobilize resources for taking up work at
a number of locations simultaneously to meet the tentative scheduling as
specified in the contract. Planning of resources may be done at least to meet
these requirements.
2.6.5 The quantities for excavation required under varying ground conditions for
foundation work mentioned in the schedule is only an estimate and actual
quantities or time taken to complete the activities in this respect will vary.
No additional payment/ financial claim on account of this variation will be
admissible other than that provided for in the conditions of contract. It will
be assumed that bidder took into account the cost of material, equipment,
labor, overheads, time and all his other costs required for completing the
work successfully while quoting unit rates for various items in the bill of
quantities.
2.6.6 Photo/Video records of construction work: The Contractor shall take colored
photographs/Videos of various construction activities (minimum 20MP
camera, each photo bearing date and time) and maintain a monthly storage
of such recording on storage devices like Hard disk / CD of appropriate
capacity. The photographs/ video will be taken at work-locations and at
times according to requirements of employer. All the cost of photographs/
video taken shall be deemed to have been included in rates quoted against
various items and nothing extra shall be paid for the item of work under this
clause. Contractor shall hand over all the photographs/Videos taken and duly
stored on storage devices on a monthly basis to the employer, which will be
the property of Employer. These photographs shall be the property of
Employer and these shall not be used by contractor for any other purpose
without permission of employer.
2.6.7 Deleted
2.6.8 If the Contractor is required to purchase certain material(s) from firms in the
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approved list of RDSO/Zonal Railways /RVNL, as per terms and conditions


of the contract, then the Contractor shall place orders accordingly on firms
appearing in the approved list, as specified, on the date of placing the order
and provide details of such orders placed to RVNL.

In case the contractor places an order on an approved firm, but the firm is
subsequently de-listed before the supply is completed, then in such cases, if
there are any outstanding orders on the de-listed firm, then wherever the
balance delivery period is available, the extent of supply made by the firm
within the original delivery period, shall be accepted provided it passes the
inspection of RITES/RDSO/inspecting authority specified in the contract. If
the de-listed firm fails to deliver the material within the original delivery
period, no extension shall be granted by the Contractor to such firms after
date of issue of de-listing order. In case where delivery period has expired,
no extension shall be granted and all such orders shall be cancelled and a
fresh purchase action should be taken.
2.6.9 The plant and materials etc. so procured for the works shall be properly
stored on Site and protected against loss, damage or deterioration. For this
purpose, the contractor shall make necessary arrangements of store
godown/fenced area at site in Railway land as per directions of Engineer. In
case the contract is terminated, the Employer shall have the right to take
possession of the godown/store and reasonable cost of such store/godown
shall be determined by the Engineer and included in the Final Payment
Certificate.

2.7. CODES & SPECIFICATIONS

2.7.1 GENERAL

Wherever reference is made in the Contract to specific standards and codes


to be met by the goods and materials to be furnished and work performed or
tested the provisions of the latest current edition or revision of the relevant
standards and codes in effect shall apply, unless otherwise expressly stated
in the Contract. Where such standards and codes are national or relate to a
particular country or region, other authoritative standards which ensure an
equal or higher quality than the standards and codes specified will be
accepted subject to the Engineer’s prior review and written approval.
Differences between the standards specified and the proposed alternative
standards must be fully described in writing by the Contractor and submitted
to the Engineer at least 28 days prior to the date when the Contractor desires
the Engineer’s approval. In the event the Engineer determines that such
proposed deviations do not ensure equal or higher quality, the Contractor
shall comply with the standards specified in the documents.

All goods and materials to be incorporated in the goods be new, unused, and
of the most recent or current models, and that they incorporate all recent
improvements in design and materials unless provided for otherwise in the
contract.

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a) The specifications mentioned in these specifications shall be prime


governing.

b) Where there is conflict between provision in IRS & IS specifications,


provisions in IRS specifications shall prevail.

c) Where there is no provision of specifications in IRS, provisions in IS


specifications should be adopted. Where there are no provisions in IRS
and IS Specifications, provisions in IRC Specifications should be
followed.

d) For items not covered in IRS/IS/IRC specifications, BS-5400 Part 1 to


10 may also be considered.

e) Where applicable CEB/FIP recommendations and codes of practices


shall be used if specific recommendation does not exist in IRS/IRC/BS
specifications.

f) The decision of Engineer shall be final and binding in the interpretation


of the clause of the codes of practice and specifications of this tender and
no claim whatsoever shall be entertained on this account from the
Contractor.

2.8 SURVEY AND FIXING WORKING BENCH MARKS AND


ALIGNMENT MARKERS.

2.8.1 The work of conducting survey and fixing bench marks and
alignment markers before the start of any work on this tender is
included in the works covered by the present Tender.

2.9 Bench marks:

2.9.1 All along the length of the proposed New Line bench marks have
been set up by the Employer at intervals of about a kilometer with
reference to the nearest GTS Bench Mark. The details of these bench
marks along with their reduced levels have been marked on the
design drawings indicating the plan and ‘L’ section which form a
part of the tender. The contractor along with the Engineer should
verify the details of these bench marks in the first instance, soon after
taking possession of the site. If any mistakes are detected in these
details of these bench marks the same should be indicated to the
Engineer. The mistakes detected should be corrected in consultation
with the Engineer. These corrections should be got approved by the
Engineer before starting of any other work.

2.9.2 The contractor shall then in presence of the Engineer establish


working bench marks at short intervals, adequately connecting them
to the reference bench marks set up by the Employer in the Project
length. The working bench mark levels should be got approved from
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the Engineer. An up to date record of all bench marks including


approved corrections if any, shall be maintained by the contractor
and also the Engineer.

2.9.3 All levels taken for making out the longitudinal section and cross
section should be related only to these working bench marks.

2.9.4 While doing the above mentioned work, the fact that similar work
will have to be done once again on the completed earth work in
formation for fixing up the longitudinal levels of the installed P.Way
should be kept in view.

2.10 Alignment:

2.10.1 All along the length of the proposed New Line at a intervals of about
half a kilometer, alignment reference pillars have been set up the
Employer using latest survey equipment such as DGPS and Total
Stations; in addition five reference pillars have been erected for each
of the curves to indicate the start & end of the over all length of the
curve and its circular portion and apex, by the Employer. In the
design drawings showing the plan and ‘L’ section, which forms part
of the tender, the co-ordinates for these pillars have also been given.
This has been done to facilitate setting of the alignment of the
proposed line. The contractor along with the Engineer should verify
the details of these alignment pillars, soon after taking possession of
the site. If any mistakes are detected in these details, the same
should be indicated to the Engineer before starting any other work.
These detected mistakes should be corrected by the Contractor in
consultation with the Engineer. These corrections should be got
approved from the Engineer.

2.10.2 The contractor shall then in presence of the Engineer establish


working alignment reference markers at shorter intervals, adequately
connecting them to the reference pillars set up by the Employer in
the Project length. The location of these subsidiary alignment
markers should be got approved from the Engineer. An up to date
record of all alignment pillars, and corrections, if any done, shall be
maintained by the contractor and also the Engineer.

2.10.3 The alignment for the new Line should be related only to these
working bench marks.

2.10.4 While doing the above mentioned work, the fact that similar work
will have to be done once again on the completed earth work in
formation for fixing up the alignment of the installed P.Way should
be kept in view.

2.10.5 After the formation and bridges have been constructed, the centre
line of alignment of both in Block Sections at either end should be
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refixed taking guidance from already set up alignment references.


Similarly the rail levels of track both in the block sections and the
yards should also be fixed with reference markers. These will be
used for installation of track by other agency.

2.11. Responsibility for establishing and maintaining working bench


marks and alignment markers

2.11.1 The Engineer when necessary will provide the contractor with the
data necessary for setting out of the centerline. All dimensions and
levels shown on the drawing or mentioned in the documents forming
part of or issued under the contract shall be verified by the contractor
on the site; he shall immediately inform the Engineer of any apparent
errors or discrepancies noticed in such dimensions or levels. In
consultation with the Engineer, the noticed mistakes should be
corrected. These corrections should have the approval of the
Engineer.

2.11.2 The contractor will be entirely responsible for accurate setting out of
the works and safeguarding all survey monuments, bench marks,
alignment references etc. The work of setting out shall be deemed to
be a part of the general works preparatory to the execution of work
and no separate payment shall be made for the same.

2.11.3 The above mentioned points have been repeated in the respective
sections dealing with specifications for different works for laying
emphasis on these items.

2.11.4 The contractor will be entirely responsible for accurate setting out of
the works and safeguarding all survey monuments, bench marks,
alignment references etc. The work of setting out shall be deemed to
be a part of the general works preparatory to the execution of work
and no separate payment shall be made for the same.

2.12 INTERFACING AND INTEGRATION OF WORKS


2.12.1 Deleted
2.12.2 Deleted.
2.12.3 It is the intention of the Employer that the overall interfacing,
planning, scheduling, logistic administration inclusive of necessary
logistic planning and all tasks that are necessary to guarantee proper
co-ordination and proper interfacing of all activities during the
complete execution of the works, is clearly understood and agreed to.
Integrated programme shall set out in detail how the different
contractors will work together in execution of the works. It shall also
spell out the overall interfacing, planning, scheduling, logistic
administration inclusive of necessary logistic planning and all tasks
that are necessary to guarantee proper co-ordination and proper
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interfacing of the different activities by various agencies during the


execution of the works. A master schedule incorporating the
milestone of works completion by each contractor shall be included
in the integrated programme to demonstrate the capability of all
parties involved in the completion of the works. The essence of the
integrated programme shall be that the contractors have both overall
responsibility for the completeness and the timeliness of all the works
and quality of the contractual works within the agreed time frame.
Allowance need to be made by the contractors in their resources and
pricing to ensure that proper co-ordination of the various items is
incorporated in their contract.

2.12.4 Needless to say that commissioning of this new line project requires
close coordination among various agencies executing the works in
this section, Engineer, Employer and the Railway authorities. The
contractor shall therefore plan all his works meticulously, in
consultation and coordination with all concerned parties, in advance,
for expeditious execution, without causing any delay either to his
works or those of others.

2.12.5 The contractor shall strictly adhere to the work plan made for works
requiring interfacing. Any delay either on his part or on the part of
other agencies and other bottlenecks that could affect the pace of
works shall be informed to the Engineer in time so as to enable him
to take corrective steps.

2.12.6 If, in the opinion of Engineer, any delay in execution of any part of
the Project requiring interfacing is attributable to the failures of the
contractor to take adequate steps for smooth execution of such
works, then the Engineer shall have the right to take necessary steps
to organize and streamline such works, including excluding the
requisite portion of work from the scope of the Contractor and
getting the same executed by other agencies, at the risk and cost of
the contractor.

2.13 Damages to property:

The contractor shall organize all his activities so as not to cause any
damage to the property of Railway or that of other agencies or any third
party. In spite of taking all precautions, in the unfortunate event of any
damage to the property, then the contractor shall not only indemnify the
Employer of the claims made by the affected parties but also settle the
matters with the affected parties as per law. If the nature of damage is
one of that affecting the train movements or causing a safety hazard to
the public, then the situation will be treated as an emergency and the
Engineer reserves the right to take all necessary steps as deemed
necessary to restore train operations or to remove the hazardous
situation or to mitigate the damage, at the risk and cost of the contractor.

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2.14 Tentative scheduling of major works:


The details are given in Section-7 (A) of Works Tender.

2.15 SURVEY EQUIPMENT

All survey shall be done with Total Stations and high precision Auto levels.
The contractor should provide the survey equipment and other accessories as
per the instructions of Engineer as and when required. He should also
provide all necessary help as required by the Engineer for checking the
works, whenever required.

2.16 Power Line Crossings:

2.16.1 The Contractor shall co-ordinate with the concerned State Electricity
Authorities for carrying out all modifications to the power line
crossings and strictly adhere to the Schedules of power shut down
while executing the works if required. The Contractor shall hand
over all released materials arising out of modifications to power line
crossings to the respective Authorities and no separate payment will
be made for loading, leading, transporting etc. The entire work shall
be planned in advance and submitted to the Engineer for approval.
The Contractor shall provide adequate resources as per the approved
plan to complete the work as per programme.

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SECTION 5

FORM OF AGREEMENT,

GENERAL CONDITIONS OF CONTRACT


AND
SPECIAL CONDITIONS OF CONTRACT

Project Management Consultancy

For “Construction of Foundations, Substructure &


Superstructure alongwith River Training /
Protection Work, Earthwork & Allied works for 05
Important Railway Bridges over Donal Khad,
Dabatwali khad, Balaknath Khad, Dharot I Nala &
Dharot II Nala between Km 3.50 to Km 20.00 in
connection with Construction of Bhanupali-
Bilaspur-Beri New BG Line in the States of Punjab
& Himachal Pradesh, India”.

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SECTION 5

CONTENTS

Cl Description Page
NO.
4 to 7
A:FORM OF CONTRACT
AGREEMENT

CONTAINING CLAUSES
1 Services 4
2 Reports 5
3 Personnel 5
4 Commencement Date 5
5 Date of Arrival 5
6 Provision of Services and Payment to the 5
Consultant
7 Accounts for payment 6
8 Authorized Representative of Consultant 6
9 Notices and Requests 6
10 Effective Date 6
11 Miscellaneous 7
12 Documents forming the Contract 7
B: GENERAL CONDITIONS OF 8 to 38
CONTRACT

Article
No.

I Personnel 8 to 11
II Staffing Schedule 12
III Performance of the Services 12 to 16
IV Sub-Contracts 16
V Relationship of parties 16
VI Payment and mode of Billings 16 to 22
VII Accounts and Records 22
VIII Indemnity and Insurance 23 to 24

IX Ownership of work product, Computer 24 to 25


Programs and Equipment
X Disposal of Data & Equipment 25
XI Co-ordination 25
XII Exemptions and Facilities 25 to 26
XIII Force Majeure 27

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XIV Suspension 27
XV Termination 27 to 30
XVI Settlement of Disputes 31 to 34
XVII Variations 34 to 35
XVIII Conflict of Interest 35
XIX Confidential Information 35
XX Contractual Ethics 36
XXI Compliance to Laws, Bylaws and 36
Regulations
XXII Specifications & Designs 36

C: SPECIAL CONDITIONS OF 37
CONTRACT

Annexure ‘A’ 38 to 49
(Travelling & Daily Allowance)

Annexure ‘B’ 40 to 42
(Fee Structure for Arbitrators/Conciliators)

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A: FORM OF CONTRACT AGREEMENT

PROJECT MANAGEMENT CONSULTING SERVICES FOR THE


IMPLEMENTATION OF RAILWAY PROJECTS-

CONTRACT No. __________________

This AGREEMENT (hereinafter, together with all the appendices/attachments


attached hereto called the “Contract”) is made on the _________ day of
__________, 2011, between the ______________________________________ on
the one part (hereinafter called the “Employer”) acting through the Managing
Director, and ____________________ in association
with_______________________________ (hereinafter [jointly] called the
“Consultant”) on the other part [notwithstanding such association] the Consultant
will be represented hereunder at all times by ____________________ which will
retain full and undivided responsibility for the performance of obligations hereunder
and for the satisfactory completion of the Consultant's services to be performed
hereunder.

WHEREAS

A) Rail Vikas Nigam Limited has been established by Ministry of Railway,


hereinafter referred to as “Railway” as a Special Purpose Vehicle (SPV)
under the Companies Act 1956 to develop, mobilize resources and
implement these projects which are part of National Railway Vikas Yojana
(NRVY) Scheme through a Memorandum of Understanding.

B) The Employer has requested the Consultant to provide consulting services


for “Project management Consultancy for the works “Construction of
Foundations, Substructure & Superstructure alongwith River
Training / Protection Work, Earthwork & Allied works for 05
Important Railway Bridges over Donal Khad, Dabatwali khad,
Balaknath Khad, Dharot I Nala & Dharot II Nala between Km
3.50 to Km 20.00 in connection with Construction of
Bhanupali-Bilaspur-Beri New BG Line in the States of Punjab
& Himachal Pradesh, India”.

C) The Consultant has agreed to provide the Services on the terms and
conditions set forth in this Contract.

NOW THEREFORE the parties hereto hereby agree as follows:

Clause 1. Services.

The work to be performed by the Consultant under the Contract


(such work being hereinafter called the Services) is more particularly

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described in the Terms of Reference (TOR) set forth in the RFP


document. Any modifications to such TOR that materially impact
upon the Services which may be agreed between the Consultant and
the Employer pursuant to Section 17.01 of the General Conditions of
Contracts and any subcontract approved by the Employer pursuant to
the terms of Section 4.01 of the General Conditions of Contract, shall
only be implemented with the prior concurrence of the Employer.

Clause 2. Reports.

The Consultant shall submit to Employer in the English language the


reports and documentation specified in TOR and in Section 6.05(b)
of the General Conditions of Contract:

Clause 3. Personnel.

(a) Subject to Sections 1.01, 1.02, 2.01 and 3.01 of the General
Conditions of Contract, the Services shall be carried out by the
personnel specified in the RFP document (hereinafter called the
personnel) for the respective periods of time indicated therein.

(b) The consultant shall, at all times, ensure that there is a Project
Manager acceptable to the Employer to supervise and coordinate the
operations of the personnel in the field and to be responsible for
liaison between the Consultant and the Employer.

Clause 4. Commencement Date.

The Consultant shall commence the Services within Forty Five (45)
calendar days after the issue of LOA except when the Employer
notifies for commencement of services for a later date.

Clause 5. Date of Arrival.

The Consultant shall promptly inform the Employer of the date of


arrival of the personnel at site.

Clause 6. Provision of Services and Payment to the Consultant:

(a) In consideration of the payments to be made by the Employer to the


Consultant as indicated in this agreement, the consultant hereby
covenants with the Employer to provide the services in conformity in
all respects with the provisions of the contract.
(b) The Employer hereby covenants to pay the Consultant in
consideration of the provision of services for completion of the
project, the contract price or such other sum as may become payable
under the provisions of the contract at the time and in the manner
prescribed in the contract.

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Clause 7. Accounts for Payment:

Subject to Articles VI of the General Conditions of Contract, all


payments under this Contract shall be made to the following account
of the Consultant:

(To be indicated by the Consultant and agreed by the Employer)

Clause 8. Authorized Representative of Consultant.

Any action required or permitted to be taken, and any documents


required or permitted to be executed under this Contract may be
taken or executed on behalf of the Consultant by a designated
representative and on behalf of the Employer by designated
representative of Rail Vikas Nigam Limited.

Clause 9. Notices and Requests.

Any notice or request required or permitted to be given or made


under the Contract shall be in writing and in the English language.
Such notice or request shall be deemed to be duly given or made
when it shall have been delivered by hand, mail, telex or facsimile to
the party to which it is required to be given or made at such party's
address (given below) specified in writing to the party giving such
notice or making such request.

The Chief Project Manager-I,


Rail Vikas Nigam Limited
Off : First Floor, Railway Recruitment Board Building
Railway colony, Near Chandigarh Railway Station,
Chandigarh 160002
Tele FAX - 0172-2730197
Email- piurvnlcdg@gmail .com

For the Consultant

_____________________

_____________________

Clause 10.Effective Date.

(a) The Contract shall become effective upon the date notice is given to
the Consultant to proceed with the Services pursuant to Clause 4
above.

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(b) Should the Contract not have become effective within ninety (90)
calendar days of the issue of Letter of Acceptance, either party may,
by not less than ten (10) calendar days written notice to the other
party, declare the 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.

Clause 11. Miscellaneous.

(a) No delay in exercising or omission to exercise, any right, power or


remedy accruing to their party under this contract upon any default
shall impair any such right, power or remedy, or be construed to be a
waiver thereof or an acquiescence in any default, affect or impair any
right, power or remedy of such party in respect of any other
subsequent default.
(b) The General Conditions of Contract and documents attached hereto,
which including this Agreement collectively constitute this Contract
(as defined hereinabove) are each integral and substantive parts of
this Contract and are fully binding on each of the parties.

Clause 12: Documents forming the Contract.


The following documents along with original RFP documents,
addendum/corrigendum or any other reference made in connection
with RFP document shall be deemed to form and be read and
construed as part of this Contract Agreement.
i) The Letter of Award

ii) The consultant’s Proposal along with the addenda


iii) All correspondence between Consultant and Employer after
Submission of RFP and before issue of Letter of Award.
iv) Notice to Proceed.
v) Performance Security.
IN WITNESS WHEREOF, the parties hereof have caused the Contract to be
signed in their respective names as of the day and year first above written.

FOR AND ON BEHALF OF (THE EMPLOYER)

______________________________________
(Authorized Representative)

FOR AND ON BEHALF OF (THE CONSULTANT)

______________________________________
(Authorized Representative)

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B: - GENERAL CONDITIONS OF CONTRACT

ARTICLE I

Personnel
Section 1.01: If any of the key personnel, for whom CV has been submitted
with the proposal, and the personnel has obtained a score less
than 70% during evaluation, the Consultant shall provide
replacement at the time of initial deployment as per
undertaking submitted. Consultant shall promptly submit the
CV of the personnel proposed to be deployed as replacement
and RVNL shall convey approval/rejection (after personal
meeting, if required, with Project Director), within a period of
10 days of receipt of such CV. Failure in deployment within
75 days of the request for deployment by the Employer shall
result in deduction @ 0.5% of the accepted monthly
remuneration rate of the key personnel per day of delay, shall
be applicable. In case RVNL does not convey the
approval/rejection within 10 days of receipt of CV, the period
of 75 days shall deemed to be extended by the number of days
taken beyond stipulated 10 days subject to the condition that
there is no delay on account of the Consultant in presenting
the person for meeting with Project Director on the date
decided and conveyed by RVNL.

Section 1.02: The Consultant is expected to deploy the key personnel for
whom the Consultant has submitted the CVs with the
proposal, no changes shall be made in the personnel at the
time of initial deployment. However, personnel, who are not
asked to be deployed by the Employer at the time of issue of
LOA or LOA was not issued within 180 days from deadline
of submission of applications, may be changed with equal or
better qualification and experience. If, for any reason (except
as mentioned in the foregoing sentence) beyond the
reasonable control of the Consultant, it becomes necessary to
replace any of the personnel, the Consultant shall forthwith
provide a replacement acceptable to the employer with
equivalent or better qualifications and experience (Total
marks obtained in evaluation as per ITC clause 5.7.2.4 should
be equal or more than the replaced personnel. However,
personnel obtaining lower marks subject to a maximum
reduction of 5% of marks of the personnel being replaced and
also satisfying the minimum stipulated qualification and
experience may be accepted on reduced rate {accepted rate x

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0.95 x the score obtained by the proposed personnel/ the score


of the personnel being replaced} subject to further condition
that in case this is leading to vitiation in contract i.e. change in
rank based on combined scores as per ITC 5.7.4, the rate has
to be further reduced to avoid vitiation.) subject to the
provisions of Para 1.04 below.

In case RVNL does not convey the approval/rejection within


10 days of receipt of CV for the proposed replacement, the
Consultant shall give a reminder to the Employer promptly
and wait for the decision of the Employer for another 10 days
from the receipt of such reminder by the Employer, if still
Employer fails to convey its approval/rejection of the CV,
then the CV shall be deemed to be accepted and such
proposed personnel shall become eligible for deployment.

Section 1.03: In the event that any of the deployed personnel is found by the
Employer to be incompetent, guilty of misbehaviour or
incapable of discharging the assigned responsibilities, the
Employer may direct the Consultant by a written notice, at the
expense of the Consultant, to forthwith provide a replacement
with equivalent or better qualifications and experience (Total
marks obtained in evaluation as per ITC clause 5.7.2.4 should
be equal or more than the replaced personnel) acceptable to
the Employer.
Consultant shall promptly submit the CV of the personnel
proposed to be deployed as replacement and RVNL shall
convey approval/rejection (after personal meeting, if required,
with Project Director), within a period of 10 days of receipt of
such CV.
Such replacement should be arranged at the earliest but not
later than 75 days of such notice. If a replacement is not given
within 75 days then a deduction @ 0.5% of the accepted
monthly remuneration rate per day of delay, shall be
applicable. In case RVNL instructs to remove the personnel
with immediate effect in the interest of project
implementation, the Consultant shall be bound to comply with
Employer’s instructions without demur. However, in such a
case payment of remuneration for the notice period of 75 days
shall be borne by RVNL.
In case RVNL does not convey the approval/rejection within
10 days of receipt of CV, the period of 75 days shall deemed
to be extended by the number of days taken beyond stipulated
10 days subject to the condition that there is no delay on
account of the Consultant in presenting the person for meeting
with Project Director on the date decided and conveyed by

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RVNL and in such a case, the Consultant shall give a


reminder to the Employer promptly and wait for the decision
of the Employer for another 10 days from the receipt of such
reminder by the Employer, if still Employer fails to convey its
approval/rejection of the CV, then the CV shall be deemed to
be accepted and such proposed personnel shall become
eligible for deployment.

Section 1.04 If the key personnel are required to be replaced on its own by
the consultant at the time of initial deployment as per section
1.02 above or the key personnel are replaced by the consultant
after initial deployment (including the key personnel for
whom CV were not required to be submitted along with the
proposal), for the reasons other than permanent long term
disability or death (i) for total replacement above 25% and
upto 40% of key personnel, remuneration shall be reduced by
5% of the accepted remuneration rate of the personnel
replaced (ii) for total replacement above 40% and upto 65%
remuneration shall be reduced by 10% and (iii) for total
replacement beyond 65% of the key personnel the employer
shall initiate action of higher
deduction/termination/debarment upto 2 years as considered
appropriate. To arrive at the percentage replacements,
multiple replacements for the same position shall be counted
multiple times. However, any replacement beyond 3 years
from the date of deployment of the personnel being replaced
shall not be counted for arriving at the percentage
replacements.

Section 1.05: The Project Manager/Resident Engineer being important


controlling personnel for the project should normally not be
changed once deployed. However, in exceptional
circumstances if change is a must, then an overlapping period
of 7 days is to be provided for proper handing over and taking
over. For such overlapping period, the Employer will pay the
man month rate for one person only. In case if such
overlapping period is not ensured, recovery @1/30th of the
accepted monthly remuneration rate of the personnel shall be
done for each day of reduction in overlap.

Section 1.06 If CV of the proposed personnel is found incorrect or inflated


at a later date, the personnel accepted will be removed from
his assignment and debarred from further assignments in
RVNL works for a period of 3 years. If a consulting firm
submits such incorrect or inflated CV for the second time in
the same contract, necessary action shall be taken by RVNL
to debar the firm from participation in future assignments of
RVNL for a period upto 2 years.

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Section 1.07: To ensure better discipline, management and better


availability of PMC personnel, the Consultant shall ensure
that the deployed personnel reside in the vicinity of the PMC
office(s) in their work area by making suitable arrangement.
Failure to ensure this will be treated as non compliance of
contractual obligations under section 3.07.

Section 1.08 The deployment schedule for each Expert and Supervisor for
Intimation of the next day should be fixed on daily basis by the Project
Daily Deployment Manager on the previous evening, and conveyed by email to
the concerned CPM/Project Director of RVNL. Failure to
ensure this will be treated as non compliance of contractual
obligations in terms of section 3.07. If during check by RVNL
any of the personnel is not found at site as per the deployment
intimated, the person shall be marked absent for the day.

Section 1.09: The Consultant shall not recruit, or attempt to recruit


personnel from amongst persons in the services of the
Employer, or working on the works of the Employer from
contractors/consultants side unless such recruitment is for a
position higher than the existing position of the person, which
can be done only after the approval of the Employer. In case
of non compliance detected at any time the Employer it will
be treated as non compliance of contractual obligations in
terms of section 3.07 and may also lead to termination of
contract.

Section 1.10: Any personnel who have been removed by RVNL, in any of
its contracts, shall not be recruited for the assignment.

Section 1.11 Minimum monthly payment by the Consultant :

The Consultant shall ensure that each key personnel and


supervisor is not paid less than the minimum monthly
payment stipulated below for each category:

Project Manager - Rs. 1,40,500/-


Resident Engineer - Rs. 79,000/-
Expert - Rs. 62,000/-
Supervisor - Rs. 48,000/-
Trainee Supervisor - Rs. 36,000/-

The payment for this purpose shall include only salary, leave
salary, medical insurance, PF contribution of the employer.

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The minimum payment as specified above shall be applicable


for the first 12 months from the date of commencement and
shall be increased @ 3% every 12 months from the date of
commencement. However, any reduction in remuneration rate
under provisions of this Article 1 of GCC shall not affect the
payment of minimum monthly salary to the personnel by the
consultant.
The Consultant will certify in each interim payment certificate
that no personnel is being paid less than the minimum
stipulated amount. In addition the Consultant will be required
to submit documentary proof thereof as demanded by RVNL
including Form 24 or any other relevant Form (submitted
quarterly to Income Tax Department) and Form 16 or any
other relevant Form (Issued annually to the employee) under
Income Tax Act.

Section 1.12 A system of monitoring the progress of the projects


through Remote Eye System is under implementation in
RVNL. The Consultant will be required to visit sites and
upload the required information/data as per the system.

ARTICLE II
Staffing Schedule
Section 2.01: DELETED.

Section 2.02: Employer reserves the right to reduce the nos. and estimated
person months of key personnel and site supervisors by
serving 30 days notice to the consultant, without any claim
on either side, as per site requirement and the staffing
schedule shall be amended accordingly.

ARTICLE III
Performance of the Services
Section 3.01: The Consultant shall carry out the Services with due diligence
and efficiency and shall furnish to the Government and the
Employer such information related to the Services as the
Government, or the Employer, may from time to time
reasonably request.

Section 3.02: The Consultant shall act at all times so as to protect the
interest of the Employer and will take all reasonable steps to
keep all expenses to a minimum consistent with sound
professional practices.

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Section 3.03: The Consultant shall furnish to the Employer such


information related to the Services as the Employer may from
time to time reasonably request.

Section 3.04:
(a) Performance Security

The Consultant shall furnish performance security as


specified in Data Sheet for carrying out the services in
accordance with the provisions of Contract Agreement. The
consultant shall ensure that the Performance Security is valid
and enforceable until the Consultant has completed the
services and remedied any defects. If the terms of the
Performance Security specify its expiry date, and the
Consultant have not become entitled to receive the
Performance Certificate by the date 28 days prior to the
expiry date, the Consultant shall extend the validity of the
Performance Security upto the anticipated date that the
services will be completed and any defects remedied.
The Guarantee shall be unconditional and irrevocable. The
Employer shall return the Performance Security to the
Consultant within 21 days after issue of Performance
Certificate.
Whenever the contract is terminated under Section 15.01 due
to default of the Consultant, Performance Security shall be
forfeited in full and the Performance Guarantee shall be
encashed.
The balance work shall be got done independently by the
Employer without risk and cost of the failed Consultant. The
failed Consultant shall be debarred from participating in the
tender for carrying out the balance work.

(b) List of Personnel

The Consultant shall submit a list of names of personnel


immediately required as indicated in the notification of award
fulfilling the qualifications and experience as prescribed in
Form 8A along with the Curriculum Vitae of each Personnel
in Form 8C and summary in form 8B, as given in section 3,
within a period of 30 days from the issue of Notification of
Award. Failure to submit the same shall entitle the Employer
to terminate the Consultancy Contract and forfeit the proposal
security.
The list of balance personnel, in full or part, whenever
subsequently required will be provided, fulfilling the

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qualifications as mentioned above within 30 days of receipt of


such request.
On submission of the CV’s by the consultant, RVNL shall
examine the same and the candidate proposed may be
required to have a personal meeting with the Project Director
before the acceptance of the proposed personnel by the
Employer. The approval or rejection of the personnel will be
communicated by RVNL within 10 days. In case RVNL does
not convey the approval/rejection within 10 days of receipt of
CV, the period of 90 days shall deemed to be extended by the
number of days taken beyond stipulated 10 days subject to the
condition that there is no delay on account of the Consultant
in presenting the person for meeting with Project Director on
the date decided and conveyed by RVNL and in such a case,
the Consultant shall give a reminder to the Employer
promptly and wait for the decision of the Employer for
another 10 days from the receipt of such reminder by the
Employer, if still Employer fails to convey its
approval/rejection of the CV, then the CV shall be deemed to
be accepted and such proposed personnel shall become
eligible for deployment.

Section 3.05: Effectiveness of Contract


The Contract shall come into force and effect on the effective
date subject to fulfilment of conditions precedent to signing
of contract agreement.

Section 3.06: Commencement of Services

The consultant shall commence the services in accordance


with clause 4 of the Contract Agreement. The anticipated
dates of commencement and completion of works for which
project management consultancy is required to be provided
by the consultant are:

a. Date of commencement: As specified in Data Sheet.

b. Period of Consultancy Services: As specified in Data Sheet.

Section 3.07 - Deficiency in Services:

I) In case of failure of initial deployment of key personnel;


(i) for whom CVs were submitted along with the tender
proposal and not covered under section 1.01 above,
within 60 days of the request of the Employer; and/or

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(ii) for the position(s) other than (i) above within 90 days
from the date of the request of the Employer;

RVNL will be entitled to a deduction @ 0.5% of the accepted


monthly remuneration rate of the personnel not deployed per
day of delay, after the notice period of 60/90 days for key
personnel covered under (i)/(ii) above.

II) In case of failure of replacement of key personnel on its own by


the consultant after initial deployment, within 60 days from the
date the Consultant intimates the Employer of his intention to
replace the personnel (as the existing personnel has already left
and unlikely to resume his duties), RVNL will be entitled to a
deduction @ 0.5% of the accepted monthly remuneration rate
of the personnel for each day of delay beyond 60 days.

Section 3.08 Extension of Time:


a) Extension of time due to reasons not attributable to Consultant:
In case of delays in completion of works and remedying defects
during defect notification period of the construction contract(s) on
account of any reason(s) which are not attributable to the Consultant,
the period of consultancy shall be extended by the Employer on the
same rates and terms and conditions of the Agreement.
b) Extension of time due to reasons attributable to the Consultant:
If the period of consultancy is required to be extended due to
extension of time of the construction contract for the reasons
attributable to the Consultant, the Employer shall grant such
extension of the Consultancy contract with imposition of delay
damages @ 1/5000 of the contract price for each day of delay.

Section 3.09 Performance Certificate:


Performance of the Consultant’s obligations shall not be considered
to have been completed until the Employer has issued the
Performance Certificate to the Consultant, stating the date on which
the Consultant completed his obligations under the Contract.
The Employer shall issue the Performance Certificate within 28 days
after the latest of the expiry dates of the Defect Notification Periods
of the construction contract(s), or as soon thereafter as the Consultant
has completed and tested all the Works, including remedying any
defects, prepared final bill, completion report and the Consultant has
handed over all the documents and drawings related to the works to
the satisfaction of the Employer.
Only the Performance Certificate shall be deemed to constitute
completion of the consultancy services.

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Section3.10 Maximum limit of delay damages under section 3.08 and


deductions/recoveries/reduction in payment effected in terms of
provisions of section 1.01, 1.03, 1.04, 1.05 1.06 and 3.07 a) shall be
10% of the original contract price.

Section3.11 If validity of contract is extended beyond the original time of


completion of services for reasons not attributed to the Consultant,
then no deduction shall be made in terms of section 1.04 during such
extended period for any personnel who has been deployed during the
original completion period on replacement basis and is continuing
during the extended period .

The provisions of section 1.04 shall be applied afresh starting from


start of extended period i.e. replacements made during the extended
period shall only be counted for arriving at the percentage
replacements duly considering all the conditions of section 1.04.

ARTICLE IV

Sub-Contracts

Section 4.01: Not permitted.


ARTICLE V

Relationship of Parties

Section 5.01: Nothing contained herein or in the Technical Assistance


Agreement shall be construed as establishing or creating
between the Employer and the Consultant a relationship of
master and servant or principal and agent.

Section 5.02: The Consultant shall during the performance of the Services
be an independent contractor retaining complete control over
its personnel, conforming to all statutory requirements with
respect to all its employees, and providing all appropriate
employee benefits.

ARTICLE VI
Payments and Mode of Billings

Section 6.01: The Employer shall pay to the Consultant in respect of the
Services, such remuneration on the accepted rates and reimburse
the expenditure as per clause 6.14. The monthly payment will be
made as per actual deployment of staff duly certified by
employer or his representative.

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In case the project being supervised is completed ahead of


schedule of the original completion date, then the payment to the
consultant will be restricted up to the month in which the project
is concluded plus the defect liability period or upto the period
Consultant is asked to continue the services.
In the event of termination of construction contract or removal of
contractor, no further payment beyond 30 days of such event
shall be made to the Consultant, till it is decided by the
Employer, if the services of the Consultant/personnel are required
and in which case the situation shall be reviewed including
further deployment of consultant’s staff etc.

Section 6.02
a) Remuneration shall be determined on the basis of time spent
by the personnel listed in the Staffing Schedule in
performance of the Services after the Effective Date at the
accepted man month rates.

b) Remuneration for periods of less than one month shall be


calculated on a calendar day basis for the time spent in the
field for part of the month. The personnel shall not be entitled
to be paid for overtime nor to take paid sick leave or vacation
leave. The Consultant’s remuneration shall be deemed to
cover these items. Any taking of leave by personnel shall be
subject to the prior approval of the Employer (except in
emergency cases post facto approval may be considered by
the Employer) and the Consultant shall ensure that absence
for leave purpose will not delay the progress and adequate
supervision of the Services. The period for which the
Consultant’s personnel will be on leave or absent, shall not be
charged on the bill and the bill must be accompanied with the
attendance record for the period. In case a person remains
absent for more than 3 days in a month, on one hand period
of such absence shall not be charged on the bill and in
addition recovery @ 1% of the monthly billing rate of the
personnel shall also be done from the bills of the consultant
for each day of unauthorized absence exceeding 3 days. In
case, the Consultant becomes aware that the personnel is
unlikely to resume his duty, he shall inform the Employer
accordingly and initiate action for replacement of the
personnel. The additional recovery for unauthorised absence
shall be stopped from the day when the Employer is intimated
so by the Consultant. The work of the personnel of the
Consultants will have to be adjusted for proper supervision at
all times when the work is in progress, without any over time
according to the requirement at site.

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c) PMC Personnel can avail a weekly rest, National holidays


and three of the religious holidays from the list of religious
holidays declared at CPM/RVNL office, with the approval of
Project Director, for which no deduction in their
remuneration will be made. Maximum of Six Weekly rests
can be clubbed With/Without prefixing/suffixing it with
National Holiday, Religious holiday and taken together,
solely at the discretion of the Project Director. However this
will only be with the prior approval of Employer. Consultant
if required shall stagger/defer such weekly rest or availing
National Holiday or religious holiday during exigencies, so as
to ensure uninterrupted progress of works.

Section 6.03: DELETED

Section 6.04: DELETED

Section 6.05:
(a) Payments to be made by the Employer hereunder shall be
strictly subject to, and representative of, satisfactory progress
achieved by the Consultant.

(b) Deleted

(c) Deleted

(d) As soon as practicable and not later than fifteen days after the
end of each calendar month during the period of the Services,
the Consultant shall submit to the Employer, in duplicate,
itemized statements, accompanied by receipted invoices,
vouchers and other appropriate supporting materials
including the attendance record for the period., of the
amounts payable to the consultant for such month. Each such
separate monthly statement shall distinguish that portion of
the total eligible costs which pertains to remuneration from
that portion which pertains to reimbursable expenses.

Section 6.06: As soon as practicable after the completion of the Services or


termination of the Contract, the Consultant shall submit to the
Employer the Final Statement of Eligible Costs incurred, with
vouchers and other appropriate supporting documents for
such reimbursable expenditures referred to in Section 6.14.
The statement shall distinguish that portion of the total
eligible costs which pertains to remuneration from that
portion which pertains to reimbursable expenses.

Section 6.07: Final payment shall be made by the Employer only after the
Final Statement and the Final Report have been submitted by

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the Consultant and approved by the Employer. The


Consultant shall submit the Final Statement to the Employer
within 120 calendar days of the date of approval by the
Employer of the Final Report. All costs, including
reimbursable expenses, which have not been included in the
Final Statement will not be paid or reimbursed. Should any
discrepancy be found to exist between the actual payments
made by the Employer and the costs authorized to be incurred
by the Consultant pursuant to this Contract, the final payment
shall be adjusted by the Employer to reflect such discrepancy.
The Consultant shall reimburse any amount that the
Employer has paid or caused to be paid in accordance with
this Section in excess of the costs actually incurred to the
Employer within 3 days after receipt by the Consultant of
notice thereof.

Section 6.08: DELETED

Section 6.09:
(a) Subject to Sections 6.01 and 6.05 above, the Employer shall pay
to the Consultants the amounts claimed pursuant to this Article
VI within twenty one (21) calendar days after receipt of
satisfactory statements and supporting documents. The Employer
may add to or subtract from any subsequent payment any amount
to cover the difference between the amount paid and the cost
authorized to be incurred.

(b) All payments by the Employer shall be made to the account(s)


specified in Clause 7 of the Agreement.

Section 6.10: Payments do not constitute acceptance of the Services nor


relieve the Consultant of any obligations hereunder.

Section 6.11: DELETED

Section 6.12: The Consultant shall give the following details of their
bankers for payments in accordance with clause 7 of the
Contract Agreement and Section 6.09 of General Conditions
of Contract.
(i) Name of the Bank
(ii) Address of the Bank
(iii) Title of Bank Account
(iv) Bank Account Number
(v) Bank’s sort code
(vi) Bank’s swift code
(vii) Bank’s telephone number

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Section 6.13: Payments shall be made in accordance with Section 6.09. No


interest is admissible on amounts payable by the Employer.

Section 6.14: Reimbursable Expenses: The Employer shall pay or reimburse


to the consultant in Indian Rupee (INR) for the expenditures
incurred in India in respect of the Services as follows on
production of vouchers etc:-
a. For the visits of Project Manager, Resident Engineers & other
personnel as required by the Employer to places outside the
construction contract package in which the personnel is deployed,
the Entitlement for Daily allowance, Lodging charges and local
conveyance shall be as applicable to E7 category of RVNL
employees in case of Project Manager, E3 in case of Resident
Engineer, E2 in case of experts, E1 in case of Supervisors and
below Executive category of RVNL employees in case of other
personnel and shall be reimbursed on submission of claim
supported by vouchers (For lodging charges & local
conveyance).
b. Relevant provision regarding entitlement in above respects is
enclosed as Annexure ‘A’ to Section 5 and shall remain fixed
during the currency of this contract.
c. Cost of Travel for attending RVNL office at New Delhi or other
places outside the construction contract package in which the
personnel is deployed, by train will be limited to 2nd AC Class.
However, with prior written approval of the Employer the travel
may be permitted by Air limited to Economy class.
d. Cost of drawings/documents and cross acceptance obtained from
RDSO on production of proof as per para 5.1.2(viii) in Section 4.
e. The monthly expenditure on stationery, and other consumable
required for upkeep of office, shall be reimbursed.
i) On submission of vouchers for items costing more than
Rs 50/- each subject to monthly ceiling of Rs 20,000/-
per office.

ii) On submission of itemized accountal of claim (duly


signed by Project Manager(PMC) for items costing upto
Rs 50 each subject to monthly ceiling of Rs 2000/- per
month per office.
f. The safety equipment like safety shoes, jacket, helmets etc for
PMC staff (over and above that provided by the contractor) may
be procured by the Consultant (to ensure that each and every
personnel of the PMC is provided with safety equipment) after
obtaining prior approval of the or the same shall be provided by
the PMC on the instructions of the Project Director and the

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expenditure incurred on the same shall be reimbursed to the


Consultant.
g. Any other such thing deemed necessary but not covered in this
contract is purchased/hired with the approval of Project Director.

Section 6.15: Adjustment for changes in cost.


(A) Price Adjustment: The amounts payable to the Consultant at the
accepted remuneration rates as per agreement shall be adjusted by the
formulae prescribed in this clause.
(B) Other Changes in Cost: To the extent that full compensation for any
rise or fall in the costs to the Consultant is not covered by the
provisions of this or other Clauses in the Contract, the unit rates and
prices included in the Contract shall be deemed to include amounts to
cover the contingency of such other rise or fall in costs.
(C) Adjustment Formulae: Remuneration rates for the first 12 months
from the date of commencement of services shall remain the same as
accepted by the employer and indicated in the contract agreement.
From the beginning of 13th month from the date of commencement
of services, remuneration rates shall be adjusted as per the formula
given below for every 12 months.
(i) When adjustment due date falls before original date of
completion of services
Il
R l  R lo   0 .1  0 .9 
I lo
(ii) When adjustment due date falls in extension period for
which extension is sanctioned for reasons not attributable to
the consultant
Il
R l  R lo   
I lo
where
Rl is the adjusted remuneration,
Rlo is the remuneration payable on the basis of the rates set
forth in Form 11 of Section 3 for remuneration payable in
local currency,
Il is the all India Consumer Price Index for Industrial
Workers as published by RBI (Reserve Bank of India)
Bulletin for the month on the day 28 days prior to the date
of completion of every 12 months from date of
commencement of services and,
Ilo is the all India Consumer Price Index for Industrial
Workers as published by RBI (Reserve Bank of India)
Bulletin for the month on the day 28 days prior to the
closing date of submission of proposals.

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(iii) In addition to the above, in case any personnel is


continuing for more than 12 months from date of his/her
deployment then the Consultant shall be entitled for
increase in monthly remuneration rate @ 3% of the
accepted monthly remuneration rate of such personnel, on
completion of every 12 months.

For other than remuneration rates there shall be no adjustment for


rates or prices and they will remain fixed during the currency of the
contract. In case new category of personnel is required to be
deployed (not provided in the contract), the base rate would be fixed
with mutual consent of both parties and adjustment as above shall be
applicable after 12 months from the initial deployment of such
category.
(D) Price adjustment shall not be applicable during the extension period
for which extension is sanctioned for reasons attributable to the
consultant.

ARTICLE VII
Accounts and Records

Section 7.01: The Consultant shall keep accurate and systematic accounts
and records in respect of the Services in such form and detail
as are customary in its profession and are sufficient to
establish accurately that the remuneration and reimbursable
expenses referred to in Article VI have been duly incurred.

Section 7.02: The Consultant shall permit duly authorized representatives


of the Employer, including auditors selected by the
Employer, to inspect and make an audit of all such
documents, accounts and records in connection with
payments made in accordance with this Contract, including a
breakdown of remuneration rates and reimbursable expenses,
and make copies of such documents, accounts and records if
so requested by the Employer. The basic purpose of this audit
is to verify payments under this Contract and, in this process,
to also verify representations made by the Consultant in
relation to the Contract. The Consultant shall cooperate with
and assist the Employer and its authorized representatives in
making such audit. In the event the audit discloses that the
Consultant has overcharged the Employer, the Consultant
shall immediately reimburse the Employer an amount
equivalent to the amount overpaid or short payment of
remuneration as specified in Section 7.01(i) above, together
with interest on such amount calculated at the then current
interest rate for lending by the Employer from its ordinary

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capital resources, payable from the date of such overpayment


until the date of reimbursement. If overpayment is a result of
the Consultant having been engaged in what the Employer
determines to constitute corrupt practices or fraudulent
practices, the Employer shall, unless it decides otherwise,
terminate the contract. Such action shall be in addition to any
action that the Employer may declare the Consultant
ineligible for award of further the Employer-financed
contracts.

ARTICLE VIII

Indemnity and Insurance

Section 8.01: The Consultants (a) shall take out and maintain, and shall
cause any Sub-Consultants to take out and maintain, at their
(or the Sub-Consultants, as the case may be) own cost but on
terms and conditions approved by the Employer, insurance
against the risks, and for the coverage, as specified in the
Section 8.02 hereunder, and (b) at the Employer’s request,
shall provide evidence to the Employer, showing that such
insurance has been taken out and maintained and that the
current premiums have been paid.

Section 8.02: The risks and the coverage’s shall be:

(1) Third Party motor vehicle liability insurance as required


under Motor Vehicle Act, 1988, in respect of motor vehicles
operated in India by the Consultants of their Personnel or any
Sub-Consultant’s or their Personnel, for the period of
Consultancy.

(2) Third Party liability insurance, with a minimum coverage for


Rs.2 lakhs for the period of Consultancy.

(3) Employer’s liability and worker’s compensation insurance in


respect of the Personnel of the Consultants and of Sub-
Consultant’s, in accordance with the relevant provisions of
the Applicable Law, as well as with respect to such
Personnel, any such life, health, accident, travel or other
insurance as may be appropriate; and

(4) Professional liability insurance with a minimum coverage


equal to total contract value for this consultancy.

Section 8.03:

(a) The Consultant shall indemnify, protect and defend at Consultant’s own
expense the Employer, its agents and employees from and against any

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and all actions, claims, losses or damages arising out of Consultant’s


failure to exercise the skill and care required under Section 3.01.
However, the ceiling on Consultant’s liability shall be limited to the
original value of the consultancy contract, except that such ceiling shall
not apply to actions, claims, losses or damages caused by Consultant’s
gross negligence or reckless conduct.

(b) In addition to any liability Consultant may have under


Section 3.01 Consultant shall, at its own cost and expense,
upon request of Employer, re-perform the services in the
event of Consultant’s failure to exercise the skill and care
required under Section 3.01.

(c) The Consultant shall have no liability whatsoever for actions,


claims, losses or damages occasioned by (I) Employer’s
overriding a decision or recommendation of consultant or
requiring consultant to implement a decision or
recommendation with which consultant does not agree.

ARTICLE IX

Ownership of Work Product, Computer Programs and Equipment

Section 9.01: All reports, documents, correspondence, draft publications,


maps, drawings, notes, specifications, statistics, work product
in any form and technical data compiled or prepared by the
Consultant and communicated to the Employer in performing
the Services (in electronic form or otherwise and including
computer-disks comprising data) shall be the sole and
exclusive property of the Employer, and may be made
available to the general public at its sole discretion. The
Consultant may take copies of such documents and data for
purpose of use related to the Services under terms and
conditions acceptance to the Employer, but shall not use the
same for any purpose unrelated to the Services without the
prior written approval of the Employer.

Section 9.02: All computer programs developed by the Consultant under


this Contract shall be the sole and exclusive property of the
Employer; provided, however, that the Consultant may use
such programs for their own use with prior written approval
of the Employer. If license agreements are necessary or
appropriate between the Consultant and third parties for
purposes of development of any such computer programs, the
Consultant shall obtain the Employer’s prior written approval
to such agreements. In such cases, the Employer shall be

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entitled at its discretion to require recovering the expenses


related to the development of the program(s) concerned.

Section 9.03: Equipment, vehicles and materials furnished to the


Consultant by the Employer, or purchased by the Consultant
wholly or partly with funds supplied or reimbursed by the
Employer hereunder, shall be the property of the Employer;
Equipment, or materials furnished by the Consultant shall
remain the property of the consultant.

ARTICLE X

Disposal of Data and Equipment

Section 10.01: Upon completion or termination of the Services, the


Consultant shall:
(i) Sort and index the documents and data (including the related
software) referred to in Sections 9.01 and 9.02 hereof and
transmit the same to the Employer; and

(ii) Furnish to the Employer, as the case may be, inventories of


the equipment and materials referred to in Section 9.03 hereof
as it then remains, and dispose of the same as directed by the
Employer, respectively.

ARTICLE XI

Coordination

Section 11.01: The Consultant shall at all times cooperate and coordinate
with the Railway and the Employer, with respect to the
carrying out of its assignment under the project.

ARTICLE XII

Exemptions and Facilities

Section 12.01: Taxes and Duties:


(a) For Consultants/personnel: The consultants and its personnel
shall pay the taxes, duties, fees, levies and other impositions
levied under the existing, amended or enacted laws during life
of this contract and the Employer shall perform such duties in
regard to the deduction of such tax as may be lawfully imposed.
However, GST will be paid extra, as applicable, to the
Consultant by the Employer.

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Section 12.02: Facilities: The Construction Contractor shall provide facilities


as detailed in Data Sheet Attachment 2 of Section 2.

ARTICLE XIII

Force Majeure

Section 13.01: If either party is temporarily unable by reason of force majeure


or the laws or regulations of Republic of India to meet any of
its obligations under the Contract, and if such party gives
written notice of the event within fourteen (14) days after its
occurrence, such obligations of the party as it is unable to
perform by reason of the event shall be suspended for as long
as the inability continues.

Section 13.02: Neither party shall be liable to the other party for any loss,
actually incurred or not, or damage sustained by such other
party arising from any event referred to in Section 13.01 or
delays arising from such event.

Section 13.03: The term “force majeure” shall mean events beyond the control
of either party, which prevent the affected party from
performing and fulfilling its obligations under the Contract, and
could not have been reasonably anticipated or foreseen, or
although foreseen were inevitable, such as acts of war, whether
or not war be declared, public disorders, insurrection, riots,
sabotage, explosions, violent demonstrations, blockades and
other civil disturbances, epidemics, nuclear contamination,
landslides, earthquakes, typhoons, volcanic eruption floods,
washouts and other natural calamities and acts of God, strikes,
lock-outs or other industrial action or equivalent disruption or
disturbances, boycotts and embargo or the effects thereof, and
any other similar events.

Section 13.04: No Breach of Contract:


The failure of a Party to fulfil any of its obligations under the
Contract shall not be considered to be a breach of or default
under this Contract in so far as such inability arises from an
event of Force Majeure, provided that the Party affected by
such an event (a) has taken all reasonable precautions, due care
and reasonable alternative measures in order to carry out the
terms and conditions of this Contract, and (b) has Informed the
other Party as soon as possible about the occurrence of such an
event.

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Section 13.05: Extension of Time:


Any period within which a Party shall, pursuant to this Contract
complete any action or task, shall be extended for a period
equal to the time during which such Party was unable to
perform such action as a result of Force Majeure.

Section 13.06: 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
for the personnel actually deployed during the period and
reimbursable expenses incurred.

ARTICLE XIV

Suspension
Section 14.01:
(a) The Employer may, by notice to the Consultant, suspend, in
whole or in part, the Services or the disbursement of funds
hereunder if the Employer determines that
(i) The Consultant shall have failed to carry out any of its
obligations under this Contract;
(ii) any other condition has arisen which, in the reasonable
opinion of the Employer interferes, or threatens to interfere,
with the successful carrying out of the Services or the
accomplishment of the purposes of the Contract; or
(iii) A force majeure event has occurred.

(b) In the event of a major delay in the implementation of the


Services, the Employer may suspend the payments as
scheduled.

ARTICLE XV

Termination

Section 15.01: Termination by the Employer:

The Employer may terminate the Contract in case of the


occurrence of any of the events specified in paragraphs (a)
through (i) below. In such an occurrence the Employer shall
(except in the case of paragraph (f), (g) & (h) below)serve not
less than Fourteen (14) days written notice of termination and if
the Consultant does not within 14 days after the delivery to
him of such notice proceed to make good his default in so far

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as the same is being capable of being made good and carry on


the work or comply with such directions as specified in such
notice to the entire satisfaction of the Employer, the Employer
shall be entitled to terminate the contract by issue of
termination notice to the Consultant. In the case of sub-
paragraph (f) or (g) or (h), the Employer may by a notice
terminate the Contract immediately.

(a) fails to remedy a failure as specified in a notice of


suspension under Clause 14.01
(b) fails to comply with Sub-Clause 3.04 (a) Article III
[Performance Security] ;
(c) fails to comply with Sub-Clause 3.04 (b) Article III [List
of Personnel];
(d) If as the result of Force Majeure, the Consultants are
unable to perform a material portion of the Services for a
period of not less than forty five (45) days,
(e) abandons the Works or otherwise plainly demonstrates
the intention not to continue performance of his
obligations under the Contract,
(f) without reasonable excuse fails:
(i) to perform any of its obligations under the contract,
including the carrying out of the Services, or

(ii) to take steps to deploy competent and adequate


number of personnel as per requirement of the
Employer
(g) becomes bankrupt or insolvent, goes into liquidation, has
a receiving or administration order made against him,
compounds with his creditors, or carries on business
under a receiver, trustee or manager for the benefit of his
creditors, or if any act is done or event occurs which
(under applicable Laws) has a similar effect to any of
these acts or events, or
(h) gives or offers to give (directly or indirectly) to any
person any bribe, gift, gratuity, commission or other thing
of value, as an inducement or reward:
(i) for doing or forbearing to do any action in relation
to the Contract, or
(ii) for showing or forbearing to show favour or
disfavour to any person in relation to the Contract,
or if any of the Consultant’s Personnel, agents or

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Subcontractors gives or offers to give (directly or


indirectly) to any person any such inducement or reward
as is described in this sub-paragraph (g). However,
lawful inducements and rewards to Consultant’s
Personnel shall not entitle termination.
(i) If the consultant, in the judgment of the Employer has
engaged in corrupt or fraudulent practices in competing
for or in executing the Contract.

For the purpose of this clause:

“Corrupt Practice” means the offering, giving, receiving


or soliciting of anything of value to influence the action
of a public official in the selection process or in contract
execution.

“fraudulent practice” means a misrepresentation of facts


in order to influence a selection process or the execution
of a contract to the detriment of the Employer, and
includes collusive practice among consultants (prior to or
after submission of proposals) designed to establish
prices at artificial non competitive levels and to deprive
the Employer of the benefits of free and open
competition.

(j) If the Employer, in its sole discretion and for any reason
whatsoever, decides to terminate this Contract.

The Employer’s decision to terminate the Contract shall not


prejudice any other rights of the Employer, under the Contract
or otherwise.
The Consultant shall then leave the Site and deliver any
required Goods, Documents, and other design documents made
by or for him, to the Employer.
After termination, the Employer may complete the Services
and/or arrange for any other entities to do so, in the manner and
method at his sole discretion and whose decision shall be final.
The Employer and these entities may then use any Goods,
Documents and other design documents made by or on behalf
of the Consultant.

Section 15.02: By the Consultant:

The Consultant may terminate this Contract, by not less than


thirty (30) days written notice to the Employer, such notice to

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be given after the occurrence of any of the events specified in


paragraphs (a) and (b) of this Section 15.02.

a) if the Employer fails to pay any sum due to the Consultants


pursuant to this Contract and not subject to dispute pursuant to
Article XVI hereof within forty five (45) days after receiving
written notice from the consultants that such payment is
overdue, or.

b) If, as the result of Force Majeure, the Consultants are unable to


perform a maternal portion of the services for a period of not
less than forty five (45) days.

Section 15.03: Payment upon Termination:

(a) If the termination has been occasioned by the default of the


Consultant as per section 15.01 (a) to (h) except (c), the
Employer shall encash the performance Guarantee and forfeit
the Performance Security in full. Employer shall release any
payment due to the Consultant for satisfactory services
provided prior to termination and evaluated at the date of
termination as per contract conditions. However, if by this
time the Consultant has failed to make a payment due to the
Employer, the same will be deducted from the payment due
and any balance remaining shall then be paid to the Consultant.

(b) Unless such termination shall have been occasioned by the


default of the Consultant, the Consultant shall be entitled to
reimbursement in full for the costs specified in Section 6.05
as shall have been incurred up to the date of such termination
and for costs incident to the orderly liquidation of the
Services (including return travel of the personnel).

(c) All claims made by the Consultant under Section 15.03 (b)
shall be supported by documentation submitted to the
Employer, satisfactory in form and content to the Employer.

(d) Upon the receipt or giving of any notice referred to in Section


15.03 (a), if the Consultant is not in default under the
Contract and has partly or substantially performed its
obligation under the Contract up to the date of termination
and has taken immediate steps to bring the Services to a close
in prompt and orderly manner, to reflect the reduction in the
Services, provided that in no event shall the Consultant
receive less than his actual costs up to the effective date of
the termination, plus a reasonable allowance for overhead and
profit.

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ARTICLE XVI

Settlement of Disputes

Section 16.01 Amicable Settlement:


In case any dispute or difference between the Employer and
the Consultant for which claim has already been made by the
Consultant, remains unresolved, the Consultant shall then,
give notice of dissatisfaction and intention to commence
arbitration to the Employer duly specifying the subject of the
dispute or differences as also the amount of claim item-wise.
The parties shall make attempts to settle the dispute amicably
before the commencement of arbitration. However, unless
both parties agree otherwise, demand for arbitration may be
made by the Consultant after 90 days from the day on which a
notice of dissatisfaction and intention to commence
arbitration was given, even if no attempt for amicable
settlement has been made.

Section 16.02: Arbitration

Any dispute, in respect of which amicable settlement has not


been reached, arising between the Employer and the
Domestic or Foreign Consultant related to any matter arising
out of or connected with this contract, then the Consultant
shall be entitled to demand in writing that the dispute or
difference be referred to arbitration.
Only such dispute(s) or difference(s) in respect of which the
demand had been made for amicable settlement under clause
16.01 but could not be settled, shall be referred to arbitration
subject to the condition that cumulative amount of claims in
the contract is not exceeding 20% of the contract price. In
case the cumulative amount of claims exceeds 20% of the
contract price, arbitration clause will not be applicable.
The Arbitration proceedings shall commence from the day, a
written and duly quantified demand for arbitration is
received by Chairman and Managing Director, Rail Vikas
Nigam Limited, New Delhi (CMD/RVNL).
The disputes so referred to arbitration shall be settled in
accordance with the Indian Arbitration & Conciliation Act,
1996 and any statutory modification or re-enactment thereof.
Further, it is agreed between the parties as under:

16.02.1 Number of Arbitrators: The arbitral tribunal shall consist of


three arbitrators.

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16.02.2 Procedure for Appointment of Arbitrators: The arbitrators


shall be appointed as per following procedure:
(a) The Consultant, while invoking demand for arbitration,
shall submit to CMD/RVNL, claims duly quantified
along with name and contact details of his nominee
arbitrator. Thereafter, he Employer will nominate his
nominee arbitrator within a period of 30 days from
receipt of such demand from the Consultant and will
issue letter of appointment to both the arbitrators
appointed by the parties with a copy to the Consultant.
(b) The third Arbitrator shall be chosen by the two
Arbitrators so appointed by the parties and shall act as
Presiding Arbitrator. In case of failure of the two
Arbitrators appointed by the parties to reach upon
consensus within a period of 30 days from the
appointment of the Arbitrators subsequently appointed,
then, upon the request of either or both parties, the
Presiding Arbitrator shall be appointed by the Chairman
and Managing Director, Rail Vikas Nigam Limited,
New Delhi.
(c) If one or more of the arbitrators appointed as above
refuses to act as arbitrator, withdraws from his office as
arbitrator, or vacates his/their office/offices or is/are
unable or unwilling to perform his functions as
arbitrator for any reason whatsoever or dies or in the
opinion of the CMD/RVNL fails to act without undue
delay, the CMD/RVNL shall appoint new
arbitrator/arbitrators to act in his/their place except in
case of new Presiding Arbitrator who shall be chosen
following the same procedure as mentioned in para (b)
above. Such re-constituted Tribunal may, at its
discretion, proceed with the reference from the stage at
which it was left by the previous arbitrator(s).
16.02.3 Qualification and Experience of Arbitrators (to be appointed
as per sub-clause 16.02.2 above): The contract being of
specialized nature requiring knowledge and experience of
dealing with project management / construction contracts, the
arbitrators to be appointed shall have minimum qualification
and experience as under:
Arbitrator shall be;
a working/retired officer (not below E-9 grade and above in a
PSU with which RVNL has no business relationship) of any
discipline of Engineering or Accounts/Finance department,
having experience in project management consultancy /
construction contracts; or

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a retired officer (retired not below the HAG level) of any


Engineering/Accounts Services of Central Government, having
experience in Contract Management of construction contracts; or
a retired officer who should have retired more than 3 years
previously from the date of appointment as Arbitrator (retired not
below E-9 grade in RVNL or a PSU with which RVNL has a
business relationship) of any Engineering discipline or Accounts
department, having experience in project management
consultancy / construction contracts.
No person other than the persons appointed as per above
procedure and having above qualification and experience shall
act as Arbitrator.
16.02.4 No new claim, except as otherwise mutually agreed by the Parties,
shall be added during proceedings by either party. However, a
party may amend or supplement the original claim or defence
thereof during the course of arbitration proceedings subject to
acceptance by Tribunal having due regard to the delay in making
it.
16.02.5 Neither party shall be limited in the proceedings before such
arbitrators to the evidence nor did arguments previously put
before during amicable settlement.
16.02.6 The reference to arbitration may proceed, notwithstanding that the
services shall not then be or be alleged to be complete, provided
always that the obligations of the Employer and the Consultant
shall not be altered by the reason of the arbitration being
conducted during the progress of the Consultancy. Neither party
shall be entitled to suspend the services, nor shall payment to the
Consultant be withheld on account of such proceedings.
.
16.02.7 If the Consultant(s) does/do not prefer his/their specific and final
claims in writing, within a period of 90 days of receiving the
intimation from the Employer/Engineer that the final bill is ready
for signature of the Consultant(s), he/they will be deemed to
have waived his/their claim(s) and the Employer shall be
discharged and released of all liabilities under the contract in
respect of these claims.
16.02.8 Arbitration proceedings shall be held at New Delhi, India or at a
place where CPM/RVNL’s (dealing the contract) office is located,
and the language of the arbitration proceedings and that of all
documents and communications between the parties shall be in
English.
16.02.9 The Arbitral Tribunal should record day to day proceedings. The
proceedings shall normally be conducted on the basis of documents
and written statements.

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All arbitration awards shall be in writing and shall state item wise,
the sum and detailed reasons upon which it is based
16.02.10 Any ruling on award shall be made by a majority of members of
Tribunal. In the absence of such a majority, the views of the
Presiding Arbitrator shall prevail.
A party may apply for correction of any computational errors, any
typographical or clerical errors or any other error of similar nature
occurring in the award of a tribunal and interpretation of specific
point of award to tribunal within 60 days of the receipt of award
A party may apply to tribunal within 60 days of receipt of award to
make an additional award as to claims presented in the arbitral
proceedings but omitted from the arbitral award.
16.02.11 Where the Arbitral award is for the payment of money, no interest
shall be payable on whole or any part of the money for any period
till the date on which the award is made.
16.02.12 The fees and other charges of the conciliator/arbitrators shall be as
per the fee structure fixed by the employer (enclosed as Annexure
‘B’ to Section 5) and as amended from time to time irrespective of
the fact whether the Arbitrator(s) is/are appointed by the parties or
by the Court of law unless specifically directed by Hon’ble Court
otherwise on the matter, and shall be shared equally by the
Employer and the Consultant. However, the expenses incurred by
each party in connection with the preparation, presentation will be
borne by itself.

Section 16.03 The Contract Agreement shall be subject to exclusive


jurisdiction of Courts as indicated in the Data Sheet.

ARTICLE XVII

Variations

Section 17.01: The Contract may be varied by agreement between the


parties. All such variations shall be in writing signed by the
authorized representative of the Consultant and the Employer.

Section 17.02: The Employer may notify the Consultant to alter, amend,
omit, add to, or otherwise vary the Services upto 25%
increase of the contract value or upto 50% increase of the
original completion period stipulated in the contract,
whichever is earlier, on the same rates, terms and conditions
and the Consultant shall be bound by such variations. Beyond
25% increase of the Contract Value or beyond 50%
increase of the original completion period, whichever is

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earlier, new rates shall be agreed between Employer and


Consultant.
In such an event, the Consultant shall submit an estimate for
proposed changes in rates along with justification for such
rates to the Employer:

(i) within fourteen (14) calendar days of receipt of a


notice of variation in case of proposed increase of the
contract value beyond 25%;

(ii) atleast 60 days in advance of reaching limit of 50%


increase in completion period, if it is anticipated that
consultancy contract period shall need to be extended
beyond 50% of the original completion period.
.

ARTICLE XVIII

Conflict of Interest

Section 18.01: Except as the Employer shall otherwise specifically agree in


writing:

(a) Neither the Consultant, the personnel nor any subsidiary or


affiliate of the Consultant shall engage in any activities, other
than as consultant, on any future project which may emerge
from the Services;

(b) No personnel of the Consultant listed in the Staffing Schedule


shall engage, directly or indirectly, in any business or
professional activities which would conflict with the
Services.

ARTICLE XIX

Confidential Information

Section 19.01: Except with the prior written consent of the Employer, the
Consultant and the personnel shall not at any time
communicate to any person or entity any confidential
information acquired in the course of the Services, nor shall
the Consultant and the personnel make public the
recommendations formulated in the course of, or as a result
of, the Services. For purposes of this section, “confidential
information” means any information or knowledge acquired
by the Consultant and/or its personnel arising out of, or in
connection with, the performance of the Services under this
Contract that is not otherwise available to the public.

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ARTICLE XX

Contractual Ethics

Section 20.01: No fees, gratuities, rebates, gifts, commissions or other


payments, other than those shown in the proposal or the
contract, have been given or received in connection with the
selection process or in the contract execution.

ARTICLE XXI

Compliance to Laws Bylaws & Regulations

Section 21.01: The Consultants shall respect and abide by all applicable laws
and regulations in force and effect as of the date hereof and
which may be promulgated or brought into force and effect
hereinafter in the Republic of India including regulations and
rules made there under as may be in force and effect during
the subsistence of this agreement. The consultant shall use its
best efforts to ensure that their personnel and their
dependents, while in India and local employees of the
consultant shall respect and abide by the said laws and
regulations.

ARTICLE XXII

Specifications and Designs

Section 22.01: The consultant shall prepare all specifications and designs
(wherever applicable) using the metric system and so as to
embody the latest design criteria.

Section 22.02: The consultant shall ensure that the specifications and designs
and all documentation relating to procurement of goods and
services (wherever applicable) for the project are prepared on
an impartial basis so as to promote international competitive
bidding.

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C. SPECIAL CONDITIONS OF CONTRACT


(These conditions are amendments, supplements and modifications to General
Conditions of Contract (GCC) and shall supercede the GCC in interpreting the
contractual obligations)

Definitions: Unless the context otherwise require the following terms wherever
used in this contract shall have the following meaning:
a) ”Applicable Law” means all laws in force and effect as of the date hereof
and which may be promulgated or brought into force and effect thereafter in
India, including regulations and rules made there under, as may be in force
and effect during the subsistence of this Agreement.
b) “Contingencies” means provision for items of work which have been
overlooked or which may turn out to be necessary during the progress of
the services and price contingencies due to increase in international and
domestic costs for the person-months rates and reimbursable.
c) “Contract” means the Contract Agreement signed by the Parties which
includes all the documents listed in clause 14 of the Contract Agreement.
d) “Effective Date” means the date on which `notice to proceed’ is given to
the consultant pursuant to clause 12 and clause 4 of the Contract
Agreement.
e) “Foreign Currency” means currency of any other country other than the
currency of the Republic of India.

f) “Local Currency” means the currency of the Republic of India.

g) “Party” means the Employer or the Consultants, as the case may be, and
parties means both of them.

h) “Personnel” means persons hired by the Consultants or by any sub-


consultant as employees and assigned to the performance of the services or
any part thereof.

i) “SCC” means the Special Conditions of Contract by which the General


Conditions of Contract may be amended or supplemented; and

j) “Services” means the work to be performed by the Consultants pursuant to


this Contract as described in RFP document.

k) “Sub-Consultant” means any entity to which the Consultants subcontract


any part of the Services in accordance with the provisions of Section 4.01
of Article IV of GCC.

l) Consultant means the firm providing project management services to the


Employer.
m) Contractor means the firm who is executing the project for the Employer

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ANNEXURE ‘A’

(RELEVANT ABSTRACT OF RVNL’S HAND BOOK ON


ESTABLISHMENT MATTER)
9. TRAVELLING AND DAILY ALLOWANCE RULES
9.1 In cases of journeys from Headquarters to contiguous places like Delhi/New
Delhi to Tughlakabad, Dadri, Ballabgarh, Gurgaon, Ghaziabad, Noida,
Faridabad, i.e. within a radius of 40 km. from the Headquarters, daily
allowance is not admissible. However, actual conveyance charges as per
entitlement as mentioned in para 9.2 will be reimbursed.

9.2 Entitlement of local conveyance

Category of Employees Entitlement


E-9 & E-7 Actual Taxi fare
E-0 to E-3 Actual Auto charges/Tong/Rickshaw
Below Executive Public Transport

9.3 An amount equal to maximum 80% of the anticipated expense including


TA/DA and conveyance to much use of the term etc. can be drawn as
advance adjustable from the TA/DA bill, which must be submitted within
one month after resuming duty at Headquarters. No advance on this account
will be payable to credit card holders except in the following cases:

9.3.1 For travel by train, if the train reservation is to be made by a person other
than credit card holder.

9.3.2 While travelling to smaller cities where it cannot be ensured if the hotels will
accept the payment through a credit card.

9.4 In case the tour expenditure is estimated to exceed the credit card limit,
advance to the extent of 80% of the difference of estimated expenditure and
credit card limit can be drawn.

9.5 Travel entitlements while on tour/transfer: -

S.No. Mode Category of Employees Entitlement


(i) By Air E-9 & E-7 Economy. ’Y’ class
(ii) By Rail a) E-0 to E-3
AC 2 Tier
b) Below Executive
AC 3 Tier

(iii) By Road a) E-7 Actual Taxi Fare

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S.No. Mode Category of Employees Entitlement


b) E-0 to E-3 Actual Auto
Charges/Tonga/Rickshaw or
Rs.6.00 per km.

c) Below Executive Actual bus fare

9.6 ENTITLEMENT OF DAILY ALLOWANCE

Category of Employees Entitlement


(1) (2)
E-9 1500
E-8 1350
E-7 1200
E-5 to E-6 1050
E-2 to E-4 900
E-0 to E-1 800
Below Executive 500

9.7 Daily allowance may be drawn for broken periods of a “Day” on the
following scales:
For absence of less than 6 hours 30%
For absence of 6 hours and more but less than 12 hours 70%
For absence of 12 hours and above 100%

9.8 For the time spent on Journey, rates of D.A. as indicated in Para 9.6 above
(for other cities) will be admissible.

9.9 Lodging Charges: Upper ceiling for lodging charges shall be as under: -

Category and Upper ceiling for lodging charges


scale of the
* * *
employee X Class Cities Y Class Cities Z Class Cities
(Rs.) (Rs.) (Rs.)
(I) (II) (III) (IV)
E-9 & E-8 10000 9000 7500
E-7 7500 6000 5000
E-5 to E-6 6000 5000 4000
E-2 to E-4 3000 2500 2000
E-1 to E-0 2000 1500 1000
Below Executive 500 300 200

* - As notified by Ministry of Finance for the purpose of grant of HRA.


Note:
The above rates of accommodation are exclusive of taxes and surcharges.

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RVNL/BBB/Important Bridge/PMC/BR.1

Annexure ‘B’

Section 5 Page 40 of 42
Page 186 of 188
RVNL/BBB/Important Bridge/PMC/BR.1

Section 5 Page 41 of 42
Page 187 of 188
RVNL/BBB/Important Bridge/PMC/BR.1

Section 5 Page 42 of 42
Page 188 of 188

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