INDB BNI DD and PMC Tender
INDB BNI DD and PMC Tender
FOR
“Detailed Design Consultancy for Tunnel and Viaduct including
Geotechnical Investigation and Project Management Consultancy for
Construction of Tunnel, Viaduct, ROBs / RUBs and Waterways in
connection with Construction of electrified new BG railway line
between Mangliya Gaon (Indore) to Budni stations (198 KMs) of West
Central Railway and Western Railway in Madhya Pradesh State, India.”
Digitally signed by
CHINMAY CHINMAY SHARMA
Date: 2021.08.13
SHARMA 17:06:07 IST
INDB-BNI New BG Rail Line DDC and PMC
FOR
August 2021
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SECTION CONTENTS
4 Terms of Reference
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SECTION 1
Period of Completion:
Sr. Estimated
Activity Remarks
No. Period
1 Detailed Design of 3 Months for Preliminary Design, Preparation
Tunnels Stage of Bid Document. Remaining 3 months for
6 Months
Finalization of Design & same overlapping
period for finalization of Bids.
2 Construction
42 Months
Supervision Stage
3 Defect Liability Period
6 Months
for construction works
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
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Draft on any Scheduled bank payable at New Delhi drawn in favour of Rail
Vikas Nigam Limited, New Delhi.
In case of MSEs, they should upload the scanned copies of their registration
in place of scanned copy of Bank Guarantee. In case the consultant opts to
submit proposal security declaration, as per format given in Section-3, they
should upload the scanned copies of their declaration in place of scanned
copy of Bank Guarantee.
6. REGISTRATION
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c. Consultants are advised to register their valid email address and mobile
numbers as part of the registration process. These would be used for any
communication with the bidder.
e. Only one valid DSC should be registered by a consultant. Please note that
the consultants are responsible to ensure that they do not lend their DSC’s
to others which may lead to misuse.
f. Consultants then logs in to the site through the secured log-in by entering
their user ID/password and the password of the DSC / e-Token.
a. There are various search options built in the e-bid Portal, to facilitate
consultants to search active proposals by several parameters. These
parameters could include Proposal ID, Item/work id, Title, Date, etc.
b. Once the consultants have selected the proposals they are interested in,
the consultant can pay non-refundable processing fee of Rs. 7500 + 18 %
GST by net-banking / Debit / Credit card and then download the required
documents / Proposal documents etc. Once processing fee is paid, it will
be moved to the respective “requested” Tab. This would enable the e-bid
Portal to intimate the consultants through e-mail in case there is any
addendum and corrigendum issued to the proposal document.
b. To avoid the time and effort required in uploading the same set of
standard documents which are required to be submitted as a part of every
proposal, a provision of uploading such standard documents (e.g. PAN
card copy, annual reports, auditor certificates etc.) has been provided to
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d. Consultant should log into the website well in advance for the submission
of the proposal so that it gets uploaded well in time i.e. on or before the
proposal submission time. Consultant will be responsible for any delay
due to other issues.
e. The consultant has to digitally sign and upload the required proposal
documents one by one as indicated in the bidding document.
h. Upon the successful and timely submission of bid click “Complete” (i.e.
after Clicking “Submit” in the portal), the portal will give a successful
proposal submission acknowledgement & a proposal summary will be
displayed with the unique id and date & time of submission of the
proposal with all other relevant details.
10. 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.
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SECTION 2
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CONTENTS OF SECTION 2
1 Instructions to Consultants 5 to 34
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CONTENTS
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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
14. - JURISDICTION OF COURT
15. - SPECIAL PROVISION FOR MSEs
Data Sheet
Attachment 1 to Data Sheet: Hurdle Criteria
Attachment 2 to Data Sheet: Facilities for the
Consultant during Pre-Construction
Annexure 1
Attachment 3 to Data Sheet: Facilities for the
Consultant during Construction
Attachment 4 to Data Sheet: Minimum Eligibility
requirements and evaluation of marks for
consultant’s personnel
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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. Funds for this project will be provided by
Government of India. The status and scope of work of this project is included in
Section 4. The works contracts for this project will be awarded by RVNL as per scope
of work given in section-4 TOR with technical/contractual support from the
Consultant who is under selection through this RFP.
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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) Submission: CVs for the positions of Team Leader-Team Leader-Chief
Tunnel Design Engineer (for the pre- construction stage), Team Leader-
Chief Tunnel Construction Engineer (for the construction stage) and
Chief Geotechnical Engineer shall be required to be submitted along
with the proposal in Form TECH-20(CV)/27(CV) (Section-3) fulfilling
the qualification and experience as prescribed in Table-1 (Section-
2:ITC), 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) Deployment:
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delay, for the first 90 days after the notice period of 90 days. For
delay beyond first 90 days, a deduction @ 2% of the accepted
monthly remuneration rate of that personnel per day of delay shall be
applicable.
c) DELETED
V. 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.
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VII. Consultant shall immediately inform the Employer in case they cease to fulfil
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.
1.3.1 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 to be floated for the execution of the works of this Project,
related drawings will be prepared by the selected consultant. However, 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.
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1.5.1 The Association of the Consultants (in case of JV) may be for the long term
(independent of any particular assignment) or for this specific assignment.
1.5.2 To qualify for award of Contract, the Consultants shall submit written Power of
Attorney (either Form TECH-2 or TECH-9) authorising the signatory of the bid to
commit the Consultant and the respective consultant partners in case of a Joint
Venture.
1.5.3 Proposals submitted by a Joint Venture; its partners shall comply with the following
requirements: -
(i) JV Agreement (made out as per guidelines given in Form TECH-12 or the
Memorandum of Understanding (MoU) for Joint Venture participation (Form
TECH-11) should accompany the proposal;
(ii) One of the partners shall be authorized to be in-charge and called as `Lead
Consultant’; and this authorization shall be evidenced by submission of a
Power of Attorney signed by legally authorized signatories of all the partners
(Form TECH-10);
(iv) All partners of the Joint Venture shall be jointly and severally liable for the
execution of the Contract in accordance with the Contract terms, and a relevant
statement to this effect shall be included in the JV agreement and MOU for JV
participation mentioned under (i) above as well as in the Bid Form and the
Form of Agreement (in case of a successful bid); and
(v) In case a Joint Venture is the successful Bidder, the Joint Venture Agreement
(made out as per the guidelines given in Form TECH-12) should be entered
into by the Joint Venture partners and should be submitted duly signed along
with the Performance Security to the Employer after Notification of the Award
of Contract within 30 days.
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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 4 types of consultancy services in RVNL i.e.
(i) Pre-Investment studies (PETS & Bankability Studies),
(ii) Detailed Engineering & Design (FLS & DDE),
(iii) Project Implementation (PMC) and
(iv) General Consultancy (GC).
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), (iii) and (iv) above. Hence there is no conflict of interest involved
for a firm doing the consultancy for (i) and (ii) or (i) and (iii) or (i) and (iv).
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(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.
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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
TECH-) and a Financial Proposal Submission Form (Form FIN-1) signed by person(s)
with full authorization to make legally binding contractual (including financial)
commitments on behalf of the firm/JV. The letter of JV should specify all association
arrangements and certify that each associated firm will perform its designated tasks
under the assignment if the lead firm is awarded the contract.
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Sr.
Particulars Remarks
No.
i)
Form TECH-1 (TPSF) Technical Proposal Submission Form (TPSF)
ii) Form TECH-2 (POA- Format for Power of Attorney for Authorised
SE) Signatory of Single Entity
iii) Form TECH-3 Format for Affidavit to be submitted by the
(Affidavit-1) Consultant along with the Proposal
iv) Form TECH-4
Deleted
(Affidavit-2)
v)
Form TECH-5 (BG-1) Proposal Security
vi)
Form TECH-5A (BG-1) Proposal Security Declaration Form
vii)
Form TECH-6 (BG-2) Form of Contract Performance Security
viii) Form TECH-7 Format for undertaking to be submitted by
(Holding) parent/holding company of the consultant
ix) Pro-forma letter of participation from each
Form TECH-8 (JV/1)
partner of Joint Venture (JV)
x) Form TECH-9 (JV/2- Format for Power of Attorney for Authorized
POA) Signatory of Joint Venture (JV) Partners
xi) Form TECH-10 (JV/3- Format for Power of Attorney to Lead Partner of
POA) Joint Venture (JV)
xii) Draft Memorandum of Understanding (MOU1)
Form TECH-11 (JV/4)
For Joint Venture participation
xiii) Form TECH-12 (JV/5) Draft format of Joint Venture Agreement
Form TECH-13 (ELI -
xiv) Consultant ’s Information Sheet
1)
Form TECH-14 (ELI -
xv) JV Information Sheet
2)
xvi) Form TECH-15 (NW) Financial Situation
Annual Consultancy Turnover for the last 5
xvii) Form TECH-16 (TO)
years
xviii) Form TECH-17 (WIP) Deleted
Form TECH-18/1 to Self-Evaluation for Hurdle criteria and Quality
xix)
18/2 based Selection. Form 18/3 deleted
xx) Form TECH-19 Summary of Information of Proposed Personnel
xxi) Form TECH-20 (CV) Curriculum Vitae (CV) format for the Key
(National) personnel (National)
xxii)
Form TECH-21 Description of Approach and Methodology
xxiii)
Form TECH-22 Deleted
1In case of existing joint venture, the certified copy of JV Agreement be furnished.
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Sr.
Particulars Remarks
No.
xxiv)
Form TECH-23A Work Schedule
xxv)
Form TECH-23B Personnel Schedule
xxvi)
Form TECH-24 Deleted
xxvii)
Form TECH-25 (QC) Deleted
xxviii)
Form TECH- 26 A Deleted
xxix) Team Composition, Task Assignments and
Form TECH-26B
Summary of CV Information
xxx) Form TECH-27 (CV) Curriculum Vitae (CV) format for the Key
(Expat) personnel (Expat)
xxxi) Form TECH-28 (EXP) Organizational experience of having provided
(DDC) design and design support during construction
for railway, road or metro tunnels, of minimum
length as per para 5.7.2.2.3 (i) in one continuous
stretch with NATM concept.
xxxii) Form TECH-29 (EXP) Details of Experience of Project Management
(PMC) Consultancy Services / Services of Independent
Engineer as per para 5.7.2.2.3 (ii).
xxxiii) Form TECH-30 Format for undertaking under Clause 1.2.2
(III) (b) for deployment of Personnel
xxxiv) Form TECH-31 Format for providing details of Shareholders
(constituting majority shareholding) as a proof of
fulfilling eligibility under clause 1.2.2 (i)
“Financial Proposal” in accordance with clause 5
2 Financial Proposal
of section 2
(i) Form FIN-1 in Section 3, forming the covering letter for proposal.
(ii) Form FIN-2 in Section 3 relate to the costs of consulting services. Form-2 is
the BOQ for detailed design of tunnels and Remuneration billing rates for
personnel divided into three subheads (A) Key Personnel (B) Supervisors and
(C) Office Staff Team for advice on problems in their respective field beyond
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(iii) DELETED.
(iv) Form FIN-1 should be typed on the Consultants’ Letter Heads exactly in the
same format of the form.
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 arrived at based on rates quoted online through e-
tendering portal in the summery sheet of remuneration shall be the proposal price.
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.
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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(ii) The proposal shall be digitally signed by a person duly authorized to sign on
behalf of the consultant.
(iii) All the corrigenda/addenda issued pursuant to clause 2.3 must be digitally
signed and submitted through e-tendering portal with the Proposal which
forms part of the RFP document.
(v) Scanned copy of the Proposal Security in case of Bank Guarantee shall be
submitted in accordance with ITC Clause 5.4.
5.1.3 DELETED
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5.2.2 DELETED
i) DELETED
ii) DELETED
5.3 Deadline for submission of Proposals:
Proposals must be received by the Employer through e-tendering portal only 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. The e-
Tendering portal cannot accept any proposal once the deadline for the tender
submission has lapsed.
OR
In case the consultant has opted for Bid security in the form of an unconditional
Bank Guarantee, the consultant should upload the scanned copy of Bank
Guarantee with the bid. The original Bank Guarantee should be delivered in
person to the official nominated as indicted in the bid data sheet within 5
working days of deadline of submission of bids. Non submission of scanned
copy of Bank Guarantee with the bid on e-tendering portal and/or non-
submission of original Bank Guarantee within the specified period shall lead to
summary rejection of bid. The details of the BG, physically submitted should
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match with the details available in the scanned copy and the data entered during
bid submission time, failing which the bid will be rejected.
OR
In case of MSEs they should upload the scanned copy of their registration in
place of scanned copy of bank Guarantee.
OR
In case the consultant opts for giving Proposal Security Declaration, they should
upload the scanned copy of their Proposal Security Declaration in the format as
given in Form-5A in place of scanned copy of bank Guarantee.
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) 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.
c) 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;
d) 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;
e) if any tampering or changes are made in the RFP document;
f) if the consultant violates any other provision of RFP document.
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(c) DELETED
(d) DELETED.
(e) DELETED.
(f) DELETED
5.6.2 DELETED
5.6.3 The details of proposal security, 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.
5.6.4 The Financial Proposals of the Consultants shortlisted in technical evaluation, will
be opened through e-tendering portal of RVNL i.e.
https:www.rvnl.euniwizarde.com. The shortlisted Consultants will be advised
through email, the date and time of opening of their financial proposals.
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Compliance Requirements
Joint Venture Documents
Criteria Requirement Single All Each of Submission
Entity Partners Lead Requirements
the other
Partner
Combined Partner(s)
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
Form TECH-15
Not applicable
consultancy turnover of
INR 105.50 Cr calculated
as total certified
Form TECH-16
consultancy payments
received for contracts in
progress or completed,
within the last three years.
Notes:
If the balance sheets of the
consultant or any of its
constituents is in the
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Compliance Requirements
Joint Venture Documents
Criteria Requirement Single All Each of Submission
Entity Partners Lead Requirements
the other
Partner
Combined Partner(s)
currency other than INR and
US$, the same shall be
converted to INR as per
Note (h) below the table.
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Compliance Requirements
Joint Venture Documents
Criteria Requirement Single All Each of Submission
Entity Partners Lead Requirements
the other
Partner
Combined Partner(s)
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] The contract should have been completed within this period irrespective of date of start.
[b] The DDC/PMC/Independent Engineer Contract shall be treated as completed as on the
date of commissioning of the project (excluding defect liability/ maintenance period) or
satisfactory completion of the contracted services as certified by the Employer.
[c] Deleted[d] Deleted
[e] Deleted
[f] In case a JV quoting for the consultancy proposal has executed similar work specified in
5.7.2.2.3 with the same constitution of JV, the requirement specified to be met under sub
clause 5.7.2.2.3 shall be evaluated considering the JV as a single entity for this purpose.
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[g] For the purpose of value of work, experience of a firm in a JV in sub clause 5.7.2.2.3 and
for past experience of assignment in sub clause 5.7.2.2.3 credit shall be given for execution
of the value/quantity of that assignment executed by the firm as part of a JV, as certified by
the Employer. If the Employer’s certificate does not indicate the specific fee received by
each partner or quantity of assignment executed by each partner, in such a case credit for
value/quantity of each assignment shall be given as per following provisions in order of
priority:
(i) As per details given in JV agreement forming part of the relevant Contract
Agreement.
(ii) If JV agreement does not provide such details, then credit shall be given in
proportion of the percentage share of the firm in that JV.
[h] For Sub-clause 5.7.2.2.2 Average Annual Consultancy Turnover, the Bidder should
submit actual construction turnover figures for the specified financial years. For Evaluation
purposes the figures of previous years shall be updated @ 5% per year compounded annually
based on Rupee value to bring them to the level of the last Financial Year specified in sub-
clause. If the figure for turnover in an individual year is in a currency other than INR, then
the same shall first be converted to INR based on the exchange rates published by Reserve
Bank of India/International Monetary Fund (in that order) as on last day of that year and then
the figures in INR shall be updated as mentioned above.
[i] For Sub-clause5.7. 2.2.3 Contract of similar work of size and nature, the Bidder should
submit actual Value of Work completed. Value of Work for Evaluation purposes shall be
updated based on Rupee value to bring them to the price level of date of deadline for
submission of bids as per formula given below:-
A = B [1+ (5÷36500) x N]
Where
A = updated value of work on dead line for submission of bids.
B = value of work on the date of completion/substantial completion as indicated in
the Employer’s certificate.
N = Number of days between date of completion and dead line for submission of
bids.
The base date for updating purpose shall be considered as the date of completion of
work as certified by the Engineer-in Charge.
In case value of the work is mentioned in a currency other than INR, then the same
shall first be converted to INR based on the exchange rates published by Reserve
Bank of India/International Monetary Fund (in that order) as on the date of
completion/substantial completion of the work and then the figures in INR shall be
updated as mentioned above.
Section 2 Page 25 of 52
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5.7.2.2 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) Approach and Methodology; and
(iii) Qualification and experience of Key Personnel
The marking system for evaluation under each criterion of the Technical Proposals
shall be as given below.
Sr. DDC&PMC
Criteria
No. Marks
A Experience of similar works 450
Section 2 Page 26 of 52
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Sr. DDC&PMC
Criteria
No. Marks
work plan, commensurate
personnel deployment plan to
meet the objectives of the
project.
B.5 Presentation about the above
B.1 to B.4
A presentation will be made by
the Bidder on a date and time 100
notified by the Employer to
further elaborate the above
items.
Qualification and experience
C 250
of Key Personnel
(a.1) Team leader-Chief Tunnel 100
Design Engineer*- Expat
And And
(a.2) Team leader-Chief Tunnel
Construction Engineer*- Expat 75
(b) Chief Geotechnical
75
Engineer
Total of A + B + C 1000
Note:
1. *Chief Tunnel Design Engineer will be Team Leader during pre-
construction stage only for all services as defined in Part-I of TOR and . Chief
Tunnel Construction Engineer will also act as Team Leader / Project Manager
during construction stage for all services as defined in TOR.
**Resident Engineer (Tunnel/Civil) will assist in Tunnelling works during
absence/leave period of Project Manager (Chief Tunnel Construction
Engineer) at construction stage.
#Team Leader / Project Manager Chief Tunnel Construction Engineer) will be
put off during long periods of inactivity, if any, as decided by RVNL. In such an
eventuality, RVNL shall pay one month accepted salary for each such break (or
pro-rata) and return airfare by economy class by shortest/most practicable
route.
## Chief Geotechnical Engineer who is involved in Design Services at pre-
construction stage and also during construction stage may also be called on
need basis during construction stage. In such eventuality, the return airfare by
economy class by shortest/most practicable route shall be payable in addition
to daily allowance equal to 1/30th of monthly salary as given and accepted for
Tunnel Construction Engineer in FIN-2 in Section-3.
1. During Pre-construction stage, Team leader will be stationed at Design office
located in Bhopal M.P. India for meetings and discussions with
Section 2 Page 27 of 52
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Section 2 Page 28 of 52
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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
Section 2 Page 29 of 52
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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.
5.7.3.3 DELETED
(i) DELETED
(ii) DELETED
(iii) DELETED
5.7.3.4 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
Section 2 Page 30 of 52
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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
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 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
Section 2 Page 31 of 52
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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
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.
In case the consultant fails to submit Performance Security within 28 days of issue of
LOA, it may seek extension of time for a period not exceeding 28 days along with
payment of damages either through bank transfer or Demand Draft in favour of RVNL.
The rate of payment of damages for such extended period shall be a sum calculated @
0.035% of the Performance Security for each day of the extension sought. Further, if
the last day of the extension sought happens to be a declared holiday in the concerned
office, submission of Performance Guarantee shall be accepted on the next working
day. Extension of time may be granted by the authority who is competent to sign the
contract agreement.
The contractor may commence the work within 42 days of issue of LOA subject to the
condition that, no payment will be made to the contractor till completion of the
following:
Section 2 Page 32 of 52
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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 Centres
2. Khadi and Village Industries Commission
3. Khadi and Village Industries Board
4. Coir Board
5. National Small Industries Corporation
6. Directorate of Handicraft and Handloom
7. ‘UdyogAadhaar’ – The Online Portal of MSME
8. Any other body specified by Ministry of MSME.
Section 2 Page 33 of 52
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Failing which, their proposals shall not be liable for consideration of benefits
detailed in para (i) & (ii) above.
Section 2 Page 34 of 52
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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 28.01.2022 i.e. 120 days from the deadline of
Proposals submission of proposal
2.1 Pre-bid Meeting : 11:00 hours on 31.08.2021
time, date and venue Through video Conference. The prospective
Consultant who wish to attend the meeting shall
submit a maximum of two e-mail ids of the persons
nominated to attend the meeting, to the person
nominated to contact at least 2 working days before
the pre-bid meeting
2.2 Name and Address of Chief Project Manager Office,
the Employer where the Rail Vikas Nigam Limited,
correspondence 174/2, Shakti Nagar,
concerning this Request Habibganj,
for Proposal is to be
Bhopal – 462024
sent:
Telephone: +91 755 4295368
FAX: +91 755 4295368
Email : atul.nigam@rvnl.org
Section 2 Page 35 of 52
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Clause
Item Data
Ref.
5.3 Deadline for Submission 11:00 hours on 30.09.2021
of Proposals
5.4 Proposal Security To submit Proposal Security Declaration as per
Declaration FORM TECH-5A in Section 3.
5.4.1(I) Proposal Security shall Not Applicable
be valid up to
5.5 Opening of Technical 11.30 hours on 30.09.2021
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
Score The weightage to be applied to the financial score
(Wf) : 0.20 (or 20%)
6.1 Negotiations The contents are replaced as below:
Negotiations will include a discussion of the
Technical Proposal, the proposed technical approach
and methodology, work plan and schedule, and
organization and personnel, and any suggestions
made by the Consultant to improve the TOR. The
Client and the Consultants will finalize the TOR,
personnel schedule, work schedule, logistics, and
reporting. These documents will then be
incorporated in the Contract as “Description of
Services.” Special attention will be paid to clearly
defining the inputs and facilities required from the
Client to ensure satisfactory implementation of the
assignment. The Client shall prepare minutes of
negotiations which will be signed by the Client and
the Consultant.
Section 2 Page 36 of 52
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Clause
Item Data
Ref.
12 Expected date for (i) Detailed Design of Tunnels – Nov/Dec 2021
commencement of (ii) Construction stage supervision – April/May
consulting services 2022
13 Time of Completion i. Detailed Design of Tunnels – 6 months
ii. Construction stage supervision of Viaduct - 36
months
iii. Construction stage supervision of ROB, RUB
and Waterway Bridge - 36 months
iv. Construction stage supervision of tunnels - 42
months
v. Defect Liability Period (DLP) for construction
works - 6 months
vi. Completion period of whole consultancy-48
months + 6 months DLP
14 Jurisdiction of Courts DELHI
Note:
1) In the event of the dates refer to in this document happen to be a holiday; the next
working day shall be applicable.
Section 2 Page 37 of 52
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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:
Required
S. No. Item
Response
Section 2 Page 38 of 52
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Required
S. No. Item
Response
6 Has the firm submitted audited financial data for last 3 financial Yes
years in Form TECH-15 & TECH-16?
7 Has the firm submitted data regarding experience in Form Yes
TECH-28 & TECH-29?
8 Has the Consultant submitted CVs of Key Personnel in Form Yes
TECH-20 and 27?
9 Has the Consultant any conflict of interest? No
10 Is the Consultant involved in any fraud and corrupt practices? No
11 Has the consultant submitted affidavit that he is not disqualified Yes
under clause 1.2.2 (VII) of Section 2 Form TECH-3?
12 Has the Consultant submitted undertaking from the Yes/Not
parent/holding company as per ITC Clause 1.2.2(I) in Form applicable
TECH-7?
13 Whether undertaking for Staffing Schedule, approach and Yes
methodology has been submitted by the Consultancy firm in
Form TECH-1?
14 Personnel:
Whether undertaking to provide Personnel, other than Key
Personnel, with qualifications and experience, as stipulated in Yes
the RFP document, has been submitted by the Consultancy
Firm in Form TECH-1?
Section 2 Page 39 of 52
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Annex 1 (Section 2)
Attachment 2
The consultant shall set up Local Design Office in Bhopal during pre-construction stage. The
rates quoted in Form FIN-2 include cost of Local Design office including its logistics support
complete in all respect and are also inclusive of all costs of key personnel, support staff,
transportation, office rent, office supplies & utilities, communication, furniture, equipment,
reports & documents, residential accommodation for the Design Office personnel of the
Consultant. Nothing extra shall be payable on this account other than quoted rates except
Goods and Service Tax which shall be paid extra as applicable.
*****
Section 2 Page 40 of 52
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Chapter – 3
3.0 SITE FACILITIES FOR THE EMPLOYER AND THE ENGINEER FOR
PACKAGE 2
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. The provisions of the site
facilities will be paid for separately.
3.2.1 Accommodation for the Employer / Engineer shall consist of site office to
be constructed by the Contractor at Chapda 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 Each Site Office will provide for the following rooms: However, at
intermediate locations, a minimum essential accommodation shall be provided
as per space availability.
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The accommodation requirement and the timing shall be decided during the
execution of the project
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) running 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
Section 2 Page 42 of 52
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power load. Fans and coolers etc will be provided as decided by the engineer.
Rooms for (i) Project Director of Employer (ii) Project Manager (iii)
Conference/Visitor Room shall be provided with Air Conditioners of
appropriate capacity
3.2.7 Deleted
3.2.8 Fire fighting equipment shall be provided in accordance with the local
recommendations.
3.2.9 Deleted
3.3.1 The Contractor shall supply and maintain at each office the following new
furniture and equipment to the Engineer’s offices within Two month of the
date of commencement of the works until the defect liability period is over:
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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 licensed and insured for use on the public highway
and shall have comprehensive insurance cover for any qualified driver
authorised by the Engineer together with any authorised passengers and
the carriage of goods or samples.
d) The Contractor shall provide fuel, oil for running of each vehicle for 4000
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. 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 kilometres shall be paid
separately under item 9003(c), 9003(d) of schedule.
Section 2 Page 44 of 52
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Type Numbers
TATA SUMO,
6
BOLERO/SCORPIO or similar
Motor Bikes 4
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. The road transport for the movement of
PMC personnel to work sites shall be provided on pooled basis depending
upon the requirements as deemed fit by the Project Director. However, the
Project Manager shall be provided independent vehicle for this purpose.
The actual 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.
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.
Section 2 Page 45 of 52
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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 month from the Date of
Commencement following personnel in the office as required for watch and
ward of the site office.
Note: In case of delay beyond Two months penalty @ Rs 5000/- Per week or
part thereof will be imposed.
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.
Section 2 Page 46 of 52
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LARGE FORMAT 36 inch colour plotter: Model -HP T830 Design jet
(d)
PLOTTER - 2 NO. Multifunction plotter or similar/ better
Xerox Machine- 2 No. for paper prints capable of reduction and copying A3 &
(g)
A4 size paper with automatic document feeder capability and sorter. (Canon IR
2020 or similar/ better)
UPS system with sufficient power backup (with minimum backup time of 30
(h)
minute) to meet the sufficient power load in case of power disruption.
Surge Protection Devices (one for each computer and printer as given above)
(i)
8 MBPS internet connection with Wi-Fi facility so that multiple devices can be
(k)
connected.
Section 2 Page 47 of 52
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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
Section 2 Page 48 of 52
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Team Leader-Chief
Evaluation for Marks for Key Personnel (Expat)
Tunnel Design Engineer
Qualifications in Relevant Field Relevant Field Civil Engg/ Mining Engg
Academics (100 marks)
Section 2 Page 49 of 52
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And
Team Leader-Chief
Evaluation for Marks for Key Personnel (Expat) Tunnel Construction
Engineer
Qualifications in Relevant Field Relevant Field Civil Engg/ Mining Engg
Academics (100 marks)
of experience in tunnel
3 construction supervision by 25-45
Marks 45
NATM / Observational method Pro-rata
for road/rail Project.
Construction supervision Criteria (No.) >5 2-5
experience out of those
qualifying experiences in row 3
4 above, with finished X-section of 10-20
Marks 20
30 sqm or more and single Pro-rata
continuous tunnel length of 3
Kms .
Construction supervision
experience out of those Criteria (No.) >5 2-5
5 qualifying experiences in row 4
above, with single continuous 10-20
tunnel length ≥ double of 3 Kms . Marks 20
Pro-rata
Sub - Total for marks on basis of
B
Experience
Total marks for Academics and
A/5+4B/5
Experience (%)
Section 2 Page 50 of 52
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Resident Geotechnical
Evaluation for Marks for Key Personnel (National)
Engineer
Academics (100 marks)
of geotechnical related
3 experience for road/rail 25-45
Marks 45
tunnelling Project executed by Pro-rata
NATM / Observational method.
Geotechnical related experience Criteria (No.) >5 2-5
out of qualifying experiences in
row 3 above with finished X-
4 10-20
section of 30 sqm or more and Marks 20
Pro-rata
single continuous tunnel length
of 3 Kms
Geotechnical related experience
out of qualifying experiences in Criteria (No.) >5 2-5
row 3 above with single
5 continuous tunnel length ≥
double of 3 Kms
10-20
Marks 20
Pro-rata
Section 2 Page 51 of 52
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*Experience relating to Geotechnical work other than for tunnelling works will not be
considered for evaluation of above criteria.
Note:
(i) NE means Not Eligible.
(ii) Under the experience criteria if the personal is having less experience than the
lower limit of the prescribed range then he will be assigned zero marks against that
criteria.
(iii) If the minimum academic qualifications of the proposed key personnel is not in the
relevant field as defined in the academics criteria, he shall be considered ineligible
and assigned Zero marks for both academic and experience criteria.
(iv) Key Personnel (Expat) not having good working knowledge of English will be
assigned Zero marks.
(v) Following key personnel will be evaluated for marks for which CVs shall be
submitted with the proposal.
a) Team Leader-Chief Tunnel Design Engineer (pre-construction stage)
And
b) Team Leader-Chief Tunnel Construction Engineer (construction stage)
c) Chief Geotechnical Engineer
Remaining Key Personnel and other than Key Personnel shall submit their
CVs with the above qualification and experience at the time of deployment, as
per request of the Employer.
(vi) Marks in each criteria/sub-criteria will be rounded off to two decimal places only.
(vii) Each Key Personnel is expected to score at least 70% marks for being eligible for
deployment in the proposed position. Each Other than Key Personnel is expected to
have minimum eligibility requirement as indicated in the bid document at the time
of deployment.
(viii) Equivalent academic qualification must have supporting document for justification.
In Indian context, diploma means a 3 year course, Graduation means a 4 year
course, post-graduation means a 1-2 year course after graduation and Doctorate
means specialized course after post-graduation.
In case of Doctorate after Graduation without Post graduate, Additional marks for
Doctorate will be +15.
(ix) In the table 1 to 3, under Experience criteria for “Tunnelling experience of long
tunnels and large X-section tunnels”, experience of twin tube tunnels will be
counted separately for each tube subject to stipulated criteria.
Section 2 Page 52 of 52
(SBD issued on 28.04.2021 for e-tendering)
INDB-BNI New BG Rail Line DDC and PMC
PROPOSAL FORMS
FOR
“Detailed Design Consultancy for Tunnel and Viaduct including Geotechnical Investigation
and Project Management Consultancy for Construction of Tunnel, Viaduct, ROBs / RUBs and
Waterways in connection with Construction of electrified new BG railway line between
Mangliya Gaon (Indore) to Budni stations (198 KMs) of West Central Railway and Western
Railway in Madhya Pradesh State, India.”
SECTION 3
CONTENTS
Page
Form No. Description
No.
TECHNICAL FORMS
Form TECH-1 (TPSF) Technical Proposal Submission Form (TPSF) 04-06
Form TECH-2 (POA-SE) Format for Power of Attorney for Authorised Signatory 07-08
of Single Entity
Form TECH-3 (Affidavit- Format for Affidavit to be submitted by the Consultant 09-11
1) along with the Proposal
Form TECH-4 (Affidavit- Deleted 12
2)
Form TECH-5 (BG-1) Proposal Security 13-17
Form TECH-6 (BG-2) Form of Contract Performance Security 18-20
Form TECH-7 (Holding) Format for undertaking to be submitted by 21
parent/holding company of the consultant
Form TECH-8 (JV/1) Pro-forma letter of participation from each partner of 22-23
Joint Venture (JV)
Form TECH-9 (JV/2- Format for Power of Attorney for Authorized Signatory 24-25
POA) of Joint Venture (JV) Partners
Form TECH-10 (JV/3- Format for Power of Attorney to Lead Partner of Joint 26-27
POA) Venture (JV)
Form TECH-11 (JV/4) Draft Memorandum of Understanding (MOU 2) 28-31
For Joint Venture participation
Form TECH-12 (JV/5) Draft format of Joint Venture Agreement 32-35
Form TECH-13 (ELI -1) Consultant ’s Information Sheet 36-37
Form TECH-14 (ELI -2) JV Information Sheet 38
Form TECH-15 (NW) Financial Situation 39
Form TECH-16 (TO) Annual Consultancy Turnover for the last 3 years 40
Form TECH-17 (WIP) Deleted 41
Form TECH-18/1 to 18/2 Self-Evaluation for Hurdle criteria and Quality based 42-46
Selection. Form TECH-18/3 Deleted.
Form TECH-19 Summary of Information of Proposed Personnel 47
Form TECH-20 (CV) Curriculum Vitae (CV) format for the Key personnel 48-84
(National) (National)
Form TECH-20A(CV) Summary for experience for nationals as per cv 85
submitted
Form TECH-21 Description of Approach and Methodology 86-87
Form TECH-22 Deleted 88
Form TECH-23A Work Schedule 89
Page
Form No. Description
No.
Form TECH-23B Personnel Schedule 90-91
Form TECH-24 Deleted 92
Form TECH-25 (QC) Deleted 93
Form TECH- 26 A Deleted 94
Form TECH-26B Team Composition, Task Assignments and Summary 95
of CV Information
Form TECH-27 (CV) Curriculum Vitae (CV) format for the Key personnel 96-99
(Expat) (Expat)
Annex to Form TECH- Self-Evaluation by the Personnel 100
27 (CV) (Expat)
Form TECH-27A Summary for experience for expats as per CV 101
(Expats) submitted
Form TECH-28 (EXP) Organizational experience of having provided design 102
(DDC) and design support during construction for railway,
road or metro tunnels of minimum length as per para
5.7.2.2.3 (i) in one continuous stretch through NATM
concept
Form TECH-29 (EXP) Details of Experience of Project Management 103-104
(PMC) Consultancy Services/Services as Independent Engineer
Form TECH-30 Format for undertaking under Clause 1.2.2 (III) (b) for 105
deployment of Personnel
Form TECH-31 Format for providing details of Shareholders 106
(constituting majority shareholding) as a proof of
fulfilling eligibility under clause 1.2.2 (i) (c)
FINANCIAL FORMS
(To be submitted in separate envelope)
FORM FIN-1 Financial Proposal Submission Form 108-110
FORM TECH-1(TPSF)
From:
…………………………………
…………………………………
To:
---------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------
------------------------------------
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
Defect Liability Period as specified in the Terms of Reference.
(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.
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 personnel other than Team Leader-Chief Tunnel
Design Engineer, Team Leader-Chief Tunnel Construction Engineer and Chief
Geotechnical Engineer immediately required as indicated in the notification of
award and/or as indicated separately by RVNL, in Table-1, Table-2a (National),
Table-2b (National) of Annexure-1, (Section-2) Attachment-4 and summary in Form
TECH-19along with the Curriculum Vitae of each Personnel in Form TECH-27,
Form TECH-20 (National) for the persons having the qualifications and experience
as prescribed in Table-1, Table-2a (National), Table-2b (National) of Annexure-1,
(Section-2) Attachment-4 as given in section 3, within a period of 30 days from the
issue of notification of award and/or as indicated separately by RVNL.
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/Primavera
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 which
will be decided by RVNL within a period of 60 days of the approval of the
personnel/list by RVNL.
iv. We will decide the Approach and Methodology for the project supervision 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.
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 180 days beyond the date of opening of technical proposal and will
be binding on us.
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 FIN-1 to FIN-2
FORM TECH-2(POA-SE)
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.
Powers of Attorney issued outside India have to be authenticated by an Indian Consulate official
or duly apostilled and duly translated in English.)
We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney pursuant to
this Power of Attorney and that all acts, deeds and things done by our aforesaid attorney shall and
shall always be deemed to have been done by us.
......................................................
(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.
FORM TECH-3(AFFIDAVIT-1)
(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.
Affidavit issued outside India have to be authenticated by an Indian Consulate official or duly
apostilled and duly translated in English.)**
I hereby certify that this bidder fulfils all requirements in this regard
and is eligible to be considered.
7. 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.
8. 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.
9. We understand that in case we cease to fulfil 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 up to a period of five
years.
10. 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 up to a period of five years.
11. 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
Verification:
FORM TECH-4(AFFIDAVIT-2)
Deleted
FORM TECH-5(BG-1)
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).
............................ [Insert Bank’s Name, and Address of Issuing Branch or Office] ......................
Beneficiary: [Insert Name and Address of Employer (hereinafter called “the Employer”)]
....................................................................................
Date: ...........................................................................
Proposal Security No.: ......................................................................................................................
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
DETAILED DESIGN AND 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.
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.
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.
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:
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.
FORM TECH-5A
Proposal Security Declaration Form
(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/We understand that, according to your conditions, Applications must be supported by a Proposal
Security Declaration.
I/We accept that we will automatically be disqualified from bidding for any contract with RVNL
for a period of 3 (three) years starting from the date of notification from the Employer, if the
undertaking of the affidavit submitted by us or our constituents in pursuance to ITC clause 1.2.2
VII or any of the declarations of Letter of Technical Bid or Letter of Price Bid submitted by us are
found to be false at any stage during the process of bid evaluation; or
I am /We are in a breach of any obligation(s) under the bid conditions, because I/We
a) have withdrawn/modified/amended, impairs or derogates from the bid, my/our Bid during
the period of bid validity specified in the form of Bid; or
b) do not accept the correction of errors in accordance with the Instructions to Bidders; or
c) having been notified of the acceptance of our Bid by the employer during the period of bid
validity,
(i) fail or refuse to execute the contract, if required; or
(ii) fail or refuse to furnish the Performance Security, in accordance with the
Instructions to Bidders; Or
(iii) fail or refuse to furnish a domestic preference security, if required.
I/We understand this Proposal Security Declaration shall cease to be valid if I am/we are not the
successful Bidder, upon the earlier of
(i) the receipt of your notification of the name of the successful Bidder; or
(ii) 28 (Twenty eight) days after the expiration of the validity of my/our Bid.
Signed: [insert signature of person whose name and capacity are shown]
In the capacity of [insert legal capacity of person signing the Bid-Securing Declaration]
Duly authorized to sign the bid for and on behalf of [insert complete name of the Bidder]
FORM TECH-6(BG-2)
From:
Name and Address of the Bank…..
……………………………………..
To:
CPM/GM (Name of PIU)
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 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.
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 its 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 totalling 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 its 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 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.
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.
FORM TECH-7(HOLDING)
** 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.
FORM TECH-8(JV/1)
No…. Dated
From:
……………………..
………………..
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.
Gentlemen,
1. We wish to confirm that our company/firm (delete as appropriate) has formed a Joint Venture
by name of -------- with for the purposes associated with RFP referred to above.
(Members who are not the lead partner of the JV should add the following paragraph)*.
2. ‘The JV is led by … whom we hereby authorize to act on our behalf for the purposes of
submission of Bid for ………. and authorize to incur liabilities and receive instructions
for and on behalf of any and all the partners or constituents of the Joint Venture.’
OR
(Member(s) being the lead member of the group should add the following paragraph)*
2. ‘In this group we act as leader and, for the purposes of applying for qualification,
represent the Joint Venture:’
3. In the event of our group being awarded the contract, we agree to be jointly with ………
(names of other members of our JV) ……… and severally liable to the Rail Vikas Nigam
Limited, its successors and assigns for all obligations, duties and responsibilities arising
from or imposed by the contract subsequently entered into between Rail Vikas Nigam
Limited and our JV.
4. *I/We, further agree that entire execution of the contract shall be carried out exclusively
through the lead partner.
Yours faithfully,
(Signature)
(Name of Signatory)………………….
(Capacity of Signatory)…………………
Seal
* Delete as applicable
FORM TECH-9(JV/2-POA)
FORMAT FOR POWER OF ATTORNEY FOR AUTHORISED SIGNATORY OF
JOINT VENTURE (JV) PARTNERS
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. Powers of Attorney issued outside India have to be authenticated by an Indian
Consulate official or duly apostilled and duly translated in English)
Know all men by these presents, we … do hereby constitute, appoint and authorize Mr/Ms. ….
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 our bid for the work of …Including signing and submission of all documents and providing
information/responses to Rail Vikas Nigam Limited, 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 by our aforesaid attorney shall and
shall always be deemed to have been done by us.
………………………………………
(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:
i) To be executed by all the partners individually, in case of a Joint Venture.
ii) 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.
FORM TECH-10(JV/3-POA)
(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. Powers of Attorney issued outside India have to be authenticated by an Indian
Consulate official or duly apostilled and duly translated in English.)
POWER OF ATTORNEY1
Whereas Rail Vikas Nigam Limited has invited Bids for the work of
Whereas, the members of the Joint Venture comprising of M/s. …, M/s. ……, and M/s. …. are
interested in submission of bid for the work of …[Insert name of work]… in accordance with the
terms and conditions contained in the bidding documents.
Whereas, it is necessary for the members of the Joint Venture to designate one of them as the Lead
Partner, with all necessary power and authority to do, for and on behalf of the Joint Venture, all
acts, deeds and things as may be necessary in connection with the Joint Venture's bid for the
project, as may be necessary in connection the Joint Venture's bid for the project.
We, M/s. ………………, hereby designate M/s. ………………………………, being one of the
partners of the Joint Venture, as the lead partner of the Joint Venture, to do on behalf of the Joint
Venture, all or any of the acts, deeds or things necessary or incidental to the Joint Venture's bid
for the contract, including submission of bid, participating in conferences, responding to queries,
submission of information/ documents and generally to represent the Joint Venture in all its
dealings with the Railway or any other Government Agency or any person, in connection with the
contract for the said work until culmination of the process of bidding till the contract agreement is
entered into with the Rail Vikas Nigam Limited and thereafter till the expiry of the contract
agreement.
We hereby agree to ratify all acts, deeds and things lawfully done by lead member, our said
attorney, pursuant to this power of attorney and that all acts deeds and things done by our
aforesaid attorney shall and shall always be deemed to have been done by us/ Joint Venture.
Witness 1: Witness 2:
Name: Name:
Address: Address:
Occupation: Occupation:
Notes:
1. To be executed by all the Partners of the JV, except the lead Partner.
2. 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.
FORM TECH-11(JV/4)
DRAFT MEMORANDUM OF UNDERSTANDING (MOU 2)
For
JOINT VENTURE PARTICIPATION
BETWEEN
The expressions of …………….. and ………….. shall wherever the context admits, mean and
include their respective legal representatives, successors-in-interest and assigns and shall
collectively be referred to as “ the Parties” and individually as “ the Party”
WHEREAS:
Rail Vikas Nigam Limited (RVNL) [hereinafter referred to as “Employer”] has invited bids for …
“[Insert name of work]…………………...”
1. The following documents shall be deemed to form and be read and construed as an integral part
of this MOU.
2. The `Parties’ have studied the documents and have agreed to participate in submitting a`bid’
jointly in the name of ------
2
In case of existing Joint Venture, the certified copy of JV Agreement be furnished.
3. M/s ………shall be the lead member of the JV for all intents and purpose and shall represent
the Joint Venture in its dealing with the Employer. For the purpose of submission of bid proposals,
the parties agree to nominate …….. as the leader duly authorized to sign and submit all documents
and subsequent clarifications, if any, to the Employer. However M/s ……… shall not submit any
such proposals, clarifications or commitments before securing the written clearance of the other
partner which shall be expeditiously given by M/s……..…….to M/s………….
4. The ‘Parties’ have resolved that the distribution of share and responsibilities between the JV
partners (Consultant shall ensure that the assigned responsibilities are commensurate with
the Qualification Criterion being met by the respective JV partners under Clause 5.7 of
Section-2, failing which the bid may be rejected) is as under:-
(a) Lead Partner share ……..% ;
Responsibilities
(i) ………
(ii) ……….
(iii) …..
(b) Joint Venture Partner share ……..% ;
Responsibilities
(i) ………
(ii) ……….
(iii) …..
(C) Joint Venture Partner share ……..% ;
Responsibilities
(i) ………
(ii) ……….
(iii) …..
7. EXECUTIVE AUTHORITY
The said Joint Venture through its authorized representative shall receive instructions, payments
from the Employer. The management structure for the project shall be prepared by mutual
consultations to enable completion of project to quality requirements within permitted cost and
time.
The Bid Security of a JV shall be in the name of the JV that submits the bid. If the JV has not been
legally constituted at the time of bidding, the Bid Security shall be in the names of all future
partners through which JV is intended to be formed.
9. BID SUBMISSION
Each Party shall bear its own cost and expenses for preparation and submission of the bid and all
costs until conclusion of a contract with the Employer for the Project. Common expenses shall be
shared by both the parties in the ratio of their actual participation.
10. INDEMNITY
Each party hereto agrees to indemnify the other party against its respective parts in case of
breach/default of the respective party of the contract works of any liabilities sustained by the Joint
Venture.
11. For the execution of the respective portions of works, the parties shall make their own
arrangements to bring the required finance, plants and equipment, materials, manpower and other
resources.
15. This MOU is drawn in ….. number of copies with equal legal strength and status. One copy is
held by M/s ………… and the other by M/s. ......,M/s ……& M/s….. and a copy submitted with the
bid.
16. This MOU shall be construed under the laws of India.
Notices shall be given in writing by fax confirmed by registered mail or commercial courier to the
following fax numbers and addresses:
Lead Partner Other Partner
…………….. …………………
…………………………. …………………
(Name & Address) (Name & Address)
IN WITNESS WHEREOF THE PARTIES, have executed this MOU the day, month and year first
before written.
M/s…………………………….. M/s……………………….
…….…………………………… …………………………..
(Seal) (Seal)
Witness
FORM TECH-12(JV/5)
and
The expressions of …………….. and ………….. shall wherever the context admits, mean and
include their respective legal representatives, successors-in-interest and assigns
and shall collectively be referred to as “ the Parties” and individually as “ the Party”
WHEREAS:
Rail Vikas Nigam Limited (RVNL) [hereinafter referred to as “Employer”] has invited bids for …
“[Insert name of work]…………………...” Vide LOA No……….awarded contract.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. The following documents shall be deemed to form and be read and construed as an integral part
of this AGREEMENT.
i) Notice for Bid, and
ii) Bidding document
iii) Any Addendum/Corrigendum issued by Rail Vikas Nigam Limited
iv) The bid submitted on our behalf jointly by the Lead Partner.
v) Letter of Acceptance issued by Rail Vikas Nigam Ltd.
2. The `Parties’ have studied the documents and LOA issued to enter into Joint Venture as under
and have agreed to participate..
3. M/s ………shall be the lead member of the JV for all intents and purpose and shall represent
the Joint Venture in its dealing with the Employer. For the purpose of execution, the parties agree
to nominate …….. as the leader duly authorized to sign and submit all documents and enter into
correspondence with the Employer.
4. The ‘Parties’ have resolved that the distribution of share and responsibilities between JV
partners (Consultant shall ensure that the assigned responsibilities are commensurate with
the Qualifying Criteria being met by the respective JV partners under Clause 5.7of Section-
2, failing which the bid may be rejected) is as under :-
(a) Lead Partner share ……..% ;
Responsibilities
(i) ………
(ii) ……….
(iii) …..
(b) Joint Venture Partner share ……..% ;
Responsibilities
(i) ………
(ii) ……….
(iii) …..
(C) Joint Venture Partner share ……..% ;
Responsibilities
(i) ………
(ii) ……….
(iii) …..
The Performance Security and other Securities of a JV shall be in the name of the JV that submits
the bid.
9. BID SUBMISSION
Each Party shall bear its own cost and expenses for preparation and submission of the bid and all
costs until conclusion of a contract with the Employer for the Project. Common expenses shall be
shared by both the parties in the ratio of their actual participation.
10. INDEMNITY
Each party hereto agrees to indemnify the other party against its respective parts in case of
breach/default of the respective party of the contract works of any liabilities sustained by the Joint
Venture.
11. For the execution of the respective portions of works, the parties shall make their own
arrangements to bring the required finance, plants and equipment, materials, manpower and other
resources.
13. ARBITRATION
Any dispute, controversy or claim arising out of or relating to this agreement shall be settled in the
first instance amicably between the parties. If an amicable settlement cannot be reached as above,
it will be settled by arbitration in accordance with the Indian Arbitration and Conciliation Act 1996
or any amendments thereof. The venue of the arbitration shall be Delhi.
14. VALIDITY
This Agreement shall remain in force till the defect liability period is over and Securities are
released.
15. This AGREEMENT is drawn in ….. number of copies with equal legal strength and status.
One copy is held by M/s ………… and the other by M/s. & …….M/s ……….. and a copy submitted
with the bid.
Notices shall be given in writing by fax confirmed by registered mail or commercial courier to the
following fax numbers and addresses:
Lead Partner. Other Partner
…………….. …………………
…………………………. …………………
(Name & Address) (Name & Address)
IN WITNESS WHEREOF THE PARTIES, have executed this AGREEMENT the day, month and
year first before written.
M/s…………………………….. M/s……………………….
…….…………………………… …………………………..
(Seal) (Seal)
Witness
1…………………..(Name & Address)
Consultant’s Information
Consultant’s legal name
Consultant’s year of
Registration in India, if not
constituted 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 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 or any other country for foreign firms.
3. Information of Engineers with minimum qualification of Graduate, continuing with the Firm
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)
JV Partner’s country of
constitution
JV Partner’s year of
constitution
JV Partner’s authorized
representative information
(name, address, telephone
numbers, fax numbers, e-mail
address)
The Consultant shall attach copies of the following original documents with the form:
FORM TECH-15(NW)
Net Worth
NAME OF CONSULTANT:
Block Year Financial Data for Latest Year (in INR for Indian
applicants and in US $ for applicants of other countries)
Year1
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 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)(d), data and supporting documents of their parent/holding company shall also be
submitted.
FORM TECH-16(TO)
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 TECH-16(TO) should be certified by Chartered Accountant.
3. In case an Indian subsidiary is using credentials of a foreign parent/holding company
in terms of ITC 1.2.2 I, figures and supporting documents of the parent/holding
company shall be submitted.
4. If the balance sheets of the consultant or any of its constituents is in the currency other
than INR and US$, the same shall be converted to INR as per Note (h) of clause 5.7.2.2.
of section-2 ITC. For evaluation purposes the figures of previous years either submitted
in INR or already converted to INR as per above shall be updated @ 5% per year
compounded annually based on Rupee value to bring them to the level of the last
Financial Year specified in sub-clause.
5. If the Indian company is using the credential of parent/holding company whose balance
sheet is in other then INR, then also conversion shall be done as mentioned in (4) above.
DELETED
FORM TECH-18/1
Summary of Marks of the Consultant for Quality based Self evaluation
Summary of Marks claimed by the Consultant for Maximum Folio No.
Marks Claimed
Quality based Self evaluation marks
(1) (2) (3) (4) (5)
Experience of similar work for DDC and PMC services
A 450
A.1 Completed similar contracts as per clause 5.7.2.2.3 (i) 180
Completed contracts of minimum value as per clause
A.2 180
5.7.2.2.3 (ii)
If the qualifying work is ≥ double the minimum length
A.3 60
of tunnel as per clause 5.7.2.2.3 (i)
If the qualifying work is ≥ triple the minimum length of
A.4 30
tunnel as per clause 5.7.2.2.3 (i)
Will be
B Approach and Methodology 300 evaluated by
Employer.
C Qualification and experience of Key Personnel for
250
consultancy services
Team leader-Chief Tunnel Marks (D) =
Design Engineer Breakup of marks for 100 100 x %
and each category of key weight
and
personnel to be filled
Team leader-Chief Tunnel 75
in separate Form
Construction Engineer Tech 18/2
(a) Chief Geotechnical Engineer 75
Note: Relevant submission with Folio Reference no. should be indicated in support of marks claimed in Column (4).
FORM TECH-18/2
Breakup of marks for each category of key personnel (Expat and National) proposed by the Consultant
(According to criteria of Table-1 clause 5.7.2.4.4 of Section -2)
Chief Tunnel
Breakup of marks for each category of key personnel (Expat and National) Chief Tunnel Design Chief Geotechnical
Construction
proposed by the Consultant Engineer Engineer
Engineer
(100 marks)
Academics
Achievement
1 Criteria 1 of relevant Key personnel
Marks
Achievement
3 Criteria 3 of relevant Key personnel
marks)
Marks
Achievement
4 Criteria 4 of relevant Key personnel
Marks
Criteria 5 for relevant Key personnel Achievement
5
Marks
Sub - Total for marks on basis of Experience B
Total weight for Academics and Experience (%) (C) A/5+4B/5
Chief Tunnel
Breakup of marks for each category of key personnel (Expat and National) Chief Tunnel Design Chief Geotechnical
Construction
proposed by the Consultant Engineer Engineer
Engineer
Reference of CV at Folio No.
Note: Relevant submissions with Folio Reference no. should be indicated in support of marks claimed for each personnel.
FORM TECH-18/3
Deleted
Section 3
Proposed position for the project
Nationality
INDB-BNI New BG Rail Line
Education/
Degree (Year/ Institution)
FORM TECH-19
Page 47 of 117
CV Signature (by Personnel and by authorised
Signatory of consultant)
INDB-BNI New BG Rail Line DDC and PMC
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
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 Positio Mention whether Descripti Any
Employer the n Held worked as In- on of other
Project, charge or one Duties releva
Specific level below the discharg nt
section of In-charge of the ed facts
Project, Project/section of including
location the project or Works
& length any other Underta
capacity ken
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. In case RVNL at any
stage detects that misstatement have been made by me, it would be at
liberty to take any appropriate action against me including debarment for
up to Three Years.
(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 any appropriate action
against me including debarment for up to Three Years.
(iii) I hereby undertake that I will not leave RVNL assignment without giving
a minimum notice of 30 days and handing over of all records. I
understand that in case I do so then RVNL would be at liberty to take any
appropriate action against me including debarment for up to Three Years.
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.
Seal
Full Name…………………………
Title…………………………………
Address …………………………...
(Enter the
Breakup of marks for each category of key personnel (National) proposed
Reference item of
by the Consultant
CV)
Criterion
(100 marks)
Academics
Criteria(Years)
3 Criteria 3 for relevant personnel
Marks
Criteria (No.)
4 Criteria 4 for relevant personnel
Marks
Criterion (years)
5 Criteria 5 for relevant personnel
Marks
Sub - Total for marks on basis of Experience B
Total weight for Academics and Experience (%) A/5+4B/5
Date of Birth:
Qualification
S.N. Details
Parameters Requirements as per
RFP
1. Professional (a) Essential: Degree in Civil
Qualification Engineering from a 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 Experience At least 10 years for Graduate
Engineer.
Note:
Project Manager/Civil
Name: ___________________________
Date of Birth: ______________________
OR
Length of (ii) At least 3 years experience in JA Grade and above
2.
Experience of Engineering department of Railways and/or as
JGM and abovein Civil Engineering department in
RITES/IRCON/RVNLor equivalent grade in Konkan
Railway/MRVC/DFCCIL/ any Metro Rail
Corporation either individually or combined. The
person should also meet the hurdle criteria of havingat
least3 years experience in construction of railway line
or maintenance of Permanent Way/ Bridges but
excluding USFD & Track Machine in any grade.
OR
(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
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
orconviction
Note:
1.The proposed person should not be older than 70 years as on deadline for
submission of proposals.
2.Deleted
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.
Does the
personnel have
any history of
involvement in
vigilance/CBI/SP
E/Police case
No(If the answer is Yes, then the personnel shall be
3. resulting in major
disqualified and his CV shall be assigned Zero marks)
penalty
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.
Note:
1. The proposed person should not be older than 70 years as on deadline for submission
of proposals.
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.
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.
Resident Geologist
Name
Date of Birth:
Note:
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.
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.
2. 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.
Estimating Expert
Name: ___________________________
Date of Birth:______________________
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.
S.N. Qualification
Parameters Requirements as per RFP Details
Preferably Degree and at least
Diploma in Environment / Safety
Engineering.
1. Professional Qualification
Bachelor’s Degree in
Environmental Management,
Environmental / Safety
Engineering or related field OR
PG Diploma in Environmental and
Sustainable Development from
IGNOU OR Master’s Degree in
Environmental Engineering.
5 years for Degree holder and 10
2. Length of Experience years for Diploma holder.
At least 3 years experience in
3. Relevant Experience Safety, Health & Environmental
Management, Forest Clearance &
Monitoring in Tunnel/Viaduct
Construction.
Does the personnel have any
history of involvement in
vigilance / CBI / SPE / Police
4. No
case resulting in major
penalty
punishment of removal /
dismissal /compulsory
retirement or conviction
Land Expert
Name: ____________________________
Date of Birth:_____________________
S.N. Qualification
Parameters Requirements as per RFP Details
Preferably Degree and at least
Diploma in any stream
Engineering
1. Professional Qualification
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.
Superstructure Expert
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 of
3. Relevant Experience Major Bridges with steel/PSC
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. The exact number of PSC / Steel expert will be informed later.
Expert-Contract Management
Name: ____________________________
Date of Birth:_____________________
Quality Control Expert
S.N. Qualification Parameters
Requirements as per RFP Details
Professional Qualification Preferably Degree or at least
1.
Diploma in Civil Engineering /
Construction Management.
Length of Experience 10 years for Degree holder and 15
2.
years for Diploma holder.
At least 5 years of
3.
Relevant Experience Construction/Supervision
experience in Construction of
Infrastructure Projects involving
Tunnels by NATM concept with
PMC/Construction Agency.
Does the personnel have any history
of involvement in
vigilance/CBI/SPE/Police case
4. 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.
Environmental Expert
Name: _________________
Date of Birth: _____________
Note :
The proposed person should not be older than 70 years as on deadline for submission of proposal.
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.
Supervisor-Geologist
Name: ____________________________
Date of Birth:_____________________
S. Tunnel Construction Supervisor
Qualification Parameters
N. Requirements as per RFP Details
Degree in Geology
1. Professional Qualification
Minimum service of 5 years for
2. Length of Experience Degree holder
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.
Name: _________________________
Date of Birth: _________________________
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.
Surveyor
S.N. Qualification Parameters
Requirements as per RFP Details
Preferably Degree or at least
1. Professional Qualification
Diploma in Civil Engineering from
recognized institution.
Minimum 3 years for Diploma
2. Length of Experience
holder and 2 year for degree holder.
At least 1 year as Surveyor/Quantity
3. Relevant Experience
Surveyor in Construction of Rail/
Road/ Metro/ Hydro tunnel and
underground cavern projects
Does the personnel have any history of
involvement in vigilance / CBI /SPE
/Police case resulting in major penalty
4. punishment of removal / dismissal / No
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
Supervisor-Material/Laboratory
Name: ____________________________
Date of Birth:_____________________
S. Tunnel Construction Supervisor
Qualification Parameters Requirements as per RFP Details
N.
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 tunnel and underground
cavern Projects.
Does the personnel have any history
4. of involvement in
vigilance/CBI/SPE/Police case
No
resulting in major penalty
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
Minimum 5 years.
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,
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.
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 requirements can be relaxed in case of Ex-Railway
men who has worked in a position of Junior Engineer or above in the respective
department of Railway and has relevant experience with total length of experience
not less than that prescribed for minimum professional qualification.
Minimum 5 years.
(2 years for Diploma holder and one
2. Length of Experience
year for degree holder)
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.
S&T Supervisor
Name: ___________________________
Date of Birth:______________________
OR
ii) having at least 3 years experience as supervisor
and above in Infrastructure Projects of Signalling
with Project Management Consultant for
RRI/SSI/PI in tunnels
OR
iii) having at least 5 years experience in maintenance
of RRI/PI/SSI in tunnels as ESM and above or 3
years construction experience as ESM and above
Length of in S&T Department of Railways.
2.
Experience
OR
iv) having 3 years experience in Infrastructure
Projects of Signalling for RRI/SSI/PI in tunnels as
Executive and above in RITES/ IRCON/RVNL or
equivalent grade in Konkan
Railway/MRVC/DFCCIL/ any Metro Rail
Corporation and/or as Jr Site Engineer(S&T) and
above in RVNL or similar contract employment
in RITES/IRCON.
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 ESM or above and has relevant experience
with total length of experience not less than that prescribed for minimum
professional qualification.
Experience in infrastructure
Professional Experience In Year project involving Tunnels with
PMC/ Construction Project Name Employment with the
of Relevant Name of the Bidding Consultant
SN Net duration Net duration
Tunnelling Employer
Duration without Duration without
projects
overlap period overlap period
From To Year Month Year Month Year Month Year Month From to Years
1
2
3
..
n
Total Total
Total
Completed Completed
years
Years Years
* Twin tunnels to be taken as 2 in no.
Form TECH-21
The assignment in this work is highly technical and as such requires competent
consultant, clear understanding of the work, knowledge of International Standards
& meticulous planning for timely and efficient implementation of the project.
The Consultant should present its Technical Proposal (maximum of 5 pages for each
section, for the following four sections:
B.3 Innovativeness
Workable suggestions specific to the project on improvements to quality will
be evaluated. Special emphasis will be on the implementable suggestions
specific to this work. Proposed innovative improvements in line with state-
of-the-art-technology is expected in this section apart from elaboration on
quality proposed in TOR.
B.4 Work Program & Deployment Schedule for design & design support
Graphical representation of work plan, commensurate personnel deployment
plan to meet the objectives of the project. You should propose the structure
and composition of your team. You should list the main disciplines of the
assignment, the key expert responsible and proposed technical and support
personnel.
FORM TECH-22
DELETED
FORM TECH-23A
WORK SCHEDULE
Months2
N° Activity1
1 2 3 4 5 6 7 8 9 10 11 12 n
1
2
3
4
5
1 Indicate all main activities of the assignment, including delivery of reports (e.g.: inception, interim, and final reports), and other
benchmarks such as Client approvals. For phased assignments indicate activities, delivery of reports, and benchmarks separately for
each phase.
2 Duration of activities shall be indicated in the form of a bar chart…
FORM TECH-23B
PERSONNEL SCHEDULE1
Name of Expert Professional Expert input (in the form of a bar chart)2 Total person-month
N° /Position input
1 2 3 4 5 6 7 8 9 10 11 12 n Home Field3 Total
International
[Hom
e]
1
[Field
]
Subtotal
National
[Hom
e]
1
[Field
]
Subtotal
Total
1 For international experts the input should be indicated individually; for national experts it should be indicated individually, or, if
appropriate, by category (e.g. economists, financial analysts, etc.).
2 Months are counted from the start of the assignment. For each expert indicate separately the input for home and field work.
3 Field work means work carried out at a place other than the expert’s home office; i.e. normal place of business.
FORM TECH-24
DELETED
FORM TECH-25(QC)
Deleted
Deleted
Section 3
Firm
Acronym
INDB-BNI New BG Rail Line
Area of
Expertise
Task
International or
National Expert
Citizenship
Employment Status
with Firm (full-time, or
other)
Education / Degree
(Year / Institution)
TEAM COMPOSITION, TASK ASSIGNMENTS AND SUMMARY OF CV INFORMATION
CV signature (by
Page 101 of
expert/by other)
DDC and PMC
FORM TECH-26B
INDB-BNI New BG Rail Line DDC and PMC
1. PROPOSED POSITION :
2. NAME :
3. DATE OF BIRTH :
4. NATIONALITY (Passport No.) :
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
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, tunnel
design/construction, E&M, survey, geotechnical, geologist 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. In case RVNL at any stage detects
that misstatement have been made by me, it would be at liberty to take any
appropriate action against me including debarment for up to Three Years.
(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 any appropriate action against me including
debarment for up to Three Years.
(iii) I hereby undertake that I will not leave RVNL assignment without giving a
minimum notice of 30 days and handing over of all records. I understand
that in case I do so then RVNL would be at liberty to take any appropriate
action against me including debarment for up to Three Years.
(iv) I am willing to undertake the assignment and ensure my availability for the
duration of the assignment.
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.
13. DELETED
Seal
Full Name…………………………
Title…………………………………
Address …………………………...
Note:
a) Scan of signed CVs of the concerned candidates on each page, with original
signature of the authorized representative of the firm are permitted for submission
with the proposal provided that if the Consultant’s proposal is ranked first, a copy
of the CV signed by the expat and authorized representative of the firm, in original
must be submitted to the Client before the agreement is signed.
b) Self-evaluation of the marks by consultant shall be done separately for each
personnel in Annexure to FORM TECH-27(CV) (Expat) attached.
Criterion (years)
5 Criteria-5 for relevant key
personnel
Marks
Sub - Total for marks on basis of Experience B
Total weight for Academics and Experience (%) A/5+4B/5
(Bidder should provide details of maximum 12 works duly filled in Form Tech-
28(EXP)(DDC) which would be evaluated for marks in the order of page numbers.
In case Bidder provides details of more than 12 works in the order of page numbers,
no cognizance shall be given for the details of works beyond 12)
Assignment Name:
Country:
Location within Country:
Sole Entity/JV:
If JV, % of Share:
Name of Client:
Client Contact No.:
Client Address :
Sector (Rail/Road/Metro):
Start Date (Month/Year):
Completion date (Month/Year):
Total value of the consultancy fee:
Share Value in case of JV:
Value of Services received up to 28 days prior to date of
submission of bid:
Share Value in case of JV:
Minimum continuous length of Tunnel:
NATM concept/ Observational Method:
Design provided (Y/N):
Design/technical support during construction provided (Y/N):
Name of Senior Staff (Project Director / Coordinator, Team Leader) involved and functions
performed:
Narrative Description of Project:
Description of Actual Services Provided by your Staff:
(For each experience consultant should attach Certificate from Employer giving at
least above mentioned details failing which the claim of the Consultant shall be liable
to be rejected).
(Bidder should provide details of maximum 8 works duly filled in Form TECH-
29(EXP)(PMC) which would be evaluated for marks in the order of page numbers.
In case Bidder provides details of more than 8 works in the order of page numbers,
no cognizance shall be given for the details of works beyond 8)
Contract Name:
Contract No.:
Country:
Award Date:
Completed/Substantially completed
Actual Completion Date:
Employer Name & Address :
Employer Contact No/Email.:
Sole Entity/ JV:
Category of services:- (Project Management
Consultancy (PMC) services/ Services of
Independent Engineer or Similar service where the
services actually provided under the contract must
include construction supervision)
Type of Projects-: (Railway/ Road projects)
In case having experience as a partner in a JV Total Percent Share
Consultancy share of Amount:
contract amount: Total:
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)
FORM TECH 30
We undertake that from the list submitted by us for the personnel given in Table-
1 (Expats), Table-2a (National), Table-2b (National) of Annexure-1, (Section-2)
Attachment-4 and summary in Form TECH-19 along with the Curriculum Vitae
of each Personnel in Form TECH-27 (Expats), Form TECH-20 (National) having
the prescribed qualifications and experience, and approved by RVNL, required
personnel at the required time as requested by RVNL, will be deployed within 60
days from the date of such request of the Employer.
Form TECH-31
Firm’s Name
S. Name of the Shareholder % Share Country of Origin
No.
1.
2.
3.
4.
5.
Verification:
FINANCIAL FORMS
FORM FIN-1
From:
…………………………
…………………………
To:
-------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------
---------------------------------
(ii) Furnish performance security within 28 (twenty eight) days of issue date
of letter of award.
(iii) 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.
5. Our attached financial proposal is for the sum of Rs. …… (Rupees …….
only) inclusive of all taxes but exclusive of Goods and Service Tax (GST).
8. 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.
10. 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.
12. 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.
13. 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,
………………………..
Address: ……………………..
………………………………...
Enclosures: As per ITC Form FIN-1 to FIN-4
FORM FIN-2
TERMS OF REFERENCE
FOR
“Detailed Design Consultancy for Tunnel and Viaduct including Geotechnical Investigation
and Project Management Consultancy for Construction of Tunnel, Viaduct, ROBs / RUBs
and Waterways in connection with Construction of electrified new BG railway line between
Mangliya Gaon (Indore) to Budni stations (198 KMs) of West Central Railway and Western
Railway in Madhya Pradesh State, India.”
SECTION – 4
Section 4 Page 1 of 65
(SBD issued on 28.04.2021 for e-tendering)
INDB-BNI New BG Rail Line DDC and PMC
CONTENTS
S.No. Description
Section 4 Page 2 of 65
(SBD issued on 28.04.2021 for e-tendering)
INDB-BNI New BG Rail Line DDC and PMC
1 Introduction
1.1 Ministry of Railways, Government of India has entrusted Rail Vikas Nigam Ltd
(RVNL), a PSU under Ministry of Railway, with the responsibility of execution of
198 km long single line electrified new BG Mangliyagaon (Indore) - Budni Rail
Line infrastructure project, to be financed by Govt. of India, in the State of Madhya
Pradesh, Rail Vikas Nigam Ltd (RVNL) is the Implementing Agency (IA) of the
project.
1.2 Name of the Assignment: “Detailed Design Consultancy for Tunnel and Viaduct
including Geotechnical Investigation and Project Management Consultancy for
Construction of Tunnel, Viaduct, ROBs / RUBs and Waterways in connection with
Construction of electrified new BG railway line between Mangliya Gaon (Indore)
to Budni stations (198 KMs) of West Central Railway and Western Railway in
Madhya Pradesh State, India.”.
(i) While providing consultancy services, the consultant shall have or will set
up Local Design Office at Bhopal during pre- construction stage. Site office
accommodation during Construction stage shall be provided by RVNL
according to Attachment-2 and Attachment-3 of Annexure-1 of Section-2.
Section 4 Page 3 of 65
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INDB-BNI New BG Rail Line DDC and PMC
(ii) Team Leader (TL) will be stationed at Local Design Office for meetings,
presentations and discussions with RVNL/Railway, and shall provide all
necessary services/ deliverables as per scope of work given in section-4:
TOR including their approval. The key personnel other than TL whose CVs
have been submitted with the proposal and other experts as may be required
to provide the services as per TOR during pre-construction stage may not be
stationed at local design office. Expenditure for the experts visit to work site
or local site office for quality delivery of the services during pre-
construction stage is deemed to be included in quoted item rates.
(iii) The rates quoted in Form FIN-2 are all inclusive of cost of setting up of
Local Design office, its operational & logistics costs, all remunerations of
key personnel, other experts, support staff etc., as may be required to deliver
the services. Quoted rate also include transportation charges, office rent,
expenditures on stationary, utilities, communication, furniture, computers,
software, equipment, reports and residential accommodation of the
personnel employed etc.,
(iv) After the services of detailed design as per TOR is over, the services of
specialized personnel(s) and of personnel(s) required for assisting RVNL in
technical evaluation of construction works tender, during construction will
also be made available as per requirement of RVNL, for which the
remuneration shall be paid as per Note of Fin-2 of section-3.
(v) After pre-construction period is over, the consultant after prior approval of
RVNL may have to continue the existing local design office with logistic as
required for delivery of services for reasons not attributable to the
consultant. The payment for cost of continuing the office in such a case
shall be made at the rate of Rs.1Lac per month for the period as approved
by RVNL. All other costs including that of Experts and other manpower
etc. during the extended pre-construction period for delivery of services as
per TOR is covered under the relevant Items and nothing extra is payable.
(vi) The cost of air travel (National/International) by direct and most practicable
route, lodging and local conveyance will be reimbursed as applicable to E5
category of RVNL employee for national experts and shall be reimbursed
on submission of claim supported by vouchers (for air travel, lodging
charges & local conveyance). Relevant provision regarding entitlement in
above respects is as per Section 6.14 of Section-5: (General Condition of
Contract).
(vii) The consultant shall also provide necessary design support and technical
assistance during the construction stages to experts stationed in field for
successful completion of tunnel work from their home office. This cost
Section 4 Page 4 of 65
(SBD issued on 28.04.2021 for e-tendering)
INDB-BNI New BG Rail Line DDC and PMC
shall be inbuilt in the rates quoted and will be released in pro-rata basis as
per progress of the civil works. However, during the construction stage,
cost of traveling and stay to the site visits if required, will be reimbursed as
per Section 6.14 of Section-5: (General Conditions of Contract) with prior
approval for the name(s) of such official(s) from RVNL.
(ix) The Work Schedule for the execution of the services illustrated with bar
charts of activities shall be submitted as per Form TECH-23A.
(x) The availability of key personnel must be ensured at site during the period
shown in the Personnel schedule submitted as per Form TECH- 23B.
2 Brief of the Project : Mangliya Gaon (Indore) (Project Chainage 0.000) – Gadarwara
(Jabalpur) via Budni proposed new electrified line (342 Kms) is sanctioned Pink Book
Item no 03 of 2016-17. In the first phase the project is sanctioned between Indore- Budni
The new electrified Broad Gauge (BG) Railway line between Mangliyagaon (Indore)
and Budni is a very important development project undertaken by Ministry of Railway.
The proposed line shall pass through important towns such as Panod, Semaliya Chau,
Chapda, Kannod, Khategaon, Nasrullaganj and Salkanpur. This belt is rich in agriculture
produce and lot of traffic is expected to generate which will grow over the years. The
local people have been demanding railway line to connect Jabalpur to Indore via
alternative route connecting Khategaon. The proposed line will reduce the travel distance
between Indore-Jabalpur by 74.22 Kms and will provide better transportation facilities to
the area apart from generation of employment. Rly Ministry has sanctioned this project
in first phase between Indore-Budni.
2.1 Geology
The alignment falls on Deccan Plateau with steep Ghat area up to chainage 84.00
beyond Mangliyagaon towards Budni after which the alignment falls on north bank
of Narmada Valley. The Geology of the Ghat area widely varies in different
sections but can be broadly covered as follows:
i. Detrital cover constituted by chaotic assemblage of boulders and pebbles in
a gravelly / sandy to silty matrix originated by degradation of collapse of
the higher outcropping sandstone.
ii. Ganurgarh formation with presence of alluvial- colluvial cover, represented
by thin bedded siltstone with interlayer of shale/silty– sandstone with
metric to decametric layers of red shale dipping with few degrees (3 o to 8o).
iii. Govindgarh formations represented by grey to beige sandstone with
interlayer of siltstone / shale having centimetric to metric spacing and
bedding gently dipping up to 10o.
Section 4 Page 5 of 65
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INDB-BNI New BG Rail Line DDC and PMC
Attribute Value
Length of alignment : 198 KMs
Ruling gradient : 1 in 200 C
Degree of curvature (max) : 1.0 deg.
% track under curve : 13.47%
Design speed : 160 kmph
No. of New Intermediate Stations : 18
No. of Xing stations : 12
No. of Tunnels : 2 Nos.
No. of tunnels more than 2 km length : 1 No.
Total length of tunnels : 9.88 KMs
No. of Major Bridges : 66 Nos.
No. of Minor Bridges : 53 Nos.
Length in Bridges : 2047 (1.04%)
Length of Alignment in Sanctuary (Core & Eco-sensitive : Nil
No of road under bridges : 77
No. of road over bridges :5
No. of Level Crossings : Nil
No. of Viaducts :2
Length of longest viaduct : 7.54 Kms
Total length of viaduct : 9.945 Kms
Ruling Gradient- Ruling gradient of 1:200 (c) has been adopted on the project
alignment. This is as per DPR.
Permanent Way
Rails, Sleepers & Fasteners: Rails of 60kg/m 90UTS LWR with new rails on
PRC mono block sleeper density with 1660 per km with new elastic fastenings have
been proposed for the main line and 60 kg/m 90UTS LWR rails with PRC sleeper
with sleeper density 1540 per km have been proposed for loop lines and sidings.
Section 4 Page 6 of 65
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INDB-BNI New BG Rail Line DDC and PMC
Points and Crossings: All points and crossing in running lines to be negotiated by
passenger trains, are proposed to be laid with 60 KG 1 in 12 over-riding type TWS
with concrete turnout sleepers.
Road Crossing: All road crossings have been planned with ROBs & RUBs on the
proposed alignment. This is as per DPR.
Residential Accommodation: In the Detailed Estimate, 288 type – II, 144 Type-
III, 18 Type-IV and 2 Type-V quarters have been provisioned. This as per DPR.
Station Machinery: In the DPR, Foot Over Bridges were planned at crossing
stations which has been replaced with Sub-ways as per Rly Bd’s instructions. Apart
from this, necessary provision has been made in the estimate for providing fouling
marks, sand humps, traps, dead ends, drainage arrangements etc.
Deleted.
Land: The requirement of land has been assessed as per Engg code. A total of
1860 hectares of land has been provisioned in the estimate out of which 115 hectares
is forest land.
Formation: The top formation width in embankment and cuttings has been
adopted as 7.85m with side slopes of 2H: 1V in terms of RDSO Guidelines and
Specifications for Design of Formation for Heavy Axle Load (RDSO/2007/GE:
0014 Nov 2009). The formation slopes will be designed for high embankments and
be protected with Geo-jute and turfing. Deep cuttings have been planned with Rock
bolting and Shotcreting. Provision of side drains and catch water drains has also
been made. Boulders obtained from rock cuttings are proposed to be used for
Section 4 Page 7 of 65
(SBD issued on 28.04.2021 for e-tendering)
INDB-BNI New BG Rail Line DDC and PMC
pitching and toe protection. Blanket has been adopted as per RDSO’s instructions
dated 22.11.2016.
Tunnels: Two tunnels are proposed to be constructed on the alignment. Details are
as follows:
All tunnels will have provision of ballast less track for higher safety and
minimum maintenance.
Bridges
There are 119 nos. of bridges on the project alignment of which 66 Nos. are Major
Bridges.
All bridges have been proposed for 25T loading 2008 Standards. All bridges are
planned with ballasted deck with maximum span size of 30.48m which is
Section 4 Page 8 of 65
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INDB-BNI New BG Rail Line DDC and PMC
composite girder. RDSO standard drawings have been adopted for superstructure
of major bridges. Minor bridges have been planned as RCC Boxes / PSC Slabs /
Hume Pipes conforming to RDSO standard.
The alignment has not been modified to cross the channel at right angles. Bridges
have been provisioned with an additional span at skew locations. Circular piers
shall be adopted to mitigate skew angle of substructure and superstructure shall be
square to the track.
Apart from above, quite a few minor bridges are also provisioned for Canal
Crossings and Lift irrigation schemes which are syphon type.
Future Doubling
Concept plans of stations have been designed with future doubling so that the
second mainline can be laid without any dismantling of OHE/PFs/Sidings etc. land
has been provisioned in station yards for doubling. However, acquisition will be
required in block sections. Deep cuttings will be widened for doubling. Tunnels
and viaducts are planned for single line only. On major bridges, substructure up to
foundation level will be for double lines.
The S&T cost for this line project is Rs 117.19 Cr against the Abstract Estimate
cost of Rs 98.33 Cr.
Multiple Aspect Colour Light signalling has been provided in the section. The
signals are pre-warned with double distant signal. LED lamps are provided in the
signals. Home signals and Main line starter signals are of three aspects and other
stop signals with two aspects.
Absolute Block working is adopted for the train working in the section. Proposed
line will be controlled by Single line Axle counter-based block panel. Block proving
by Axle counters is provided in the block section.
Integrated Power supply is provided for the signalling equipment with battery
backup. Two input power supplies are available at the station for the signalling
system i.e. one AT Supply and one DG set. The selected output supply from the auto
change over unit is fed to the Integrated Power Supply System.
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Provision of wireless communication i.e. leaking cables have been made for
communications inside the tunnels.
Electrical Works
The electrical estimated cost for the project is Rs. 284.93 Cr against the Abstract
Estimate cost of Rs 261.96 Cr. The total TKM of Mangliyagaon – Budni New line is
232 Km.
The type of overhead equipment is simple polygonal type with swivelling brackets
having tensions in the conductors regulated automatically in mainlines as well as
yard lines.
There are 3nos TSS of 132KV / 25KV, 3 SP and 5 SSP in the entire section. All
the switching operations are remote controlled from a single remote – control centre
located at Bhopal Divisional Control Office.
Electrification of stations, Platforms, residential quarters, pumping etc. has been
accounted for.
3 Status of other works: The construction of Bridge has already been started in both
packages of Indore-Budni new BG Rail line work. The work of Final Location Survey
(FLS) has been completed. Employer shall tentatively invite following works tenders in
suitable packages for implementation of the entire project-
3.1 Construction of Roadbed, Buildings and Systems: This tender will involve
construction of formation, all remaining bridges, Buildings, Stations, Electrical General
and Power Supply Installation for OHE, P. Way, OHE, Signalling etc.
3.2 Construction of Tunnels: This tender will involve construction of two tunnels of
the project. This tender will be initiated based on BOQ prepared by consultant appointed
through this bid.
3.3 Construction of Viaducts: This tender will involve construction of two viaducts
of the project. This tender will be initiated based on BOQ prepared by consultant
appointed through this bid.
4.1 The objective of the consultancy services is to provide Investigation and Detailed
Design for Tunnels and Viaducts during pre-construction and Project Management
Consultancy services for Construction of Tunnel, Viaduct, ROBs / RUBs and
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(viii) that the Consultant assists the Employer for the required coordination
with the railway administration and any other agencies.
(ix) that the consultant will prepare written submissions and technical defence
statements to the satisfaction of employer, in case the project executing
agency evokes demand for arbitration.
(x) Quick decisions on doubts and clarifications sought by the RVNL in
reasonable time without affecting execution of works.
4.3.2 The Consultant shall discharge their duties in a fair, impartial and efficient
manner, consistent with the highest standards of professional integrity and good
industry practices. While assisting RVNL in execution of the project, the
Consultant will ensure:
Role of RVNL
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section.
The Organization chart shall be in sufficient detail to enable the Client or the
Clients’ Representative to identify how and with whom the Consultant is
intending to manage the works. The chart shall be submitted together with the
names and curriculum vitae of all Key Personnel to demonstrate the competence
of those persons who will be employed in the management of the Tunnel Works
as well as other formation and bridge works.
In addition to the names and curriculum vitae of all Key Personnel, the
Consultant shall provide details of the roles and responsibilities of those
personnel identified.
7.1 Organization:
The Employer’s require the projects to be managed in general in three tiers as given
below. Office staff team shall assist the personnel managing the project.
Project Manager
Resident Engineer (Discipline wise)
Experts, Foremen and supervisors (Discipline wise)
7.2 The consultancy services shall be provided through National Experts and
Engineers headed by a Team Leader. Team Leader will lead and interface with
all other Experts/Engineers of the consultant during entire period of this
consultancy contract. Broad task assignment for Key Personnel of the Consultant
is given in Annexure-2.
7.3 Chief Tunnel Design Engineer will act as Team Leader with role and
responsibility of coordinating and delivering the services during pre-
construction stage. Tunnel Construction Engineer will also be Project Manager
and act as Team Leader during construction stage with role and responsibility
given in para 7.4.6 below. The Resident Engineer nominated by the consultant
will also act as Deputy Team Leader to assist the Team Leader and will be in
charge of the project when the Project Manager is not available.
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7.4.1 The Consultant shall have technical and contract management competence
appropriate to the type, scope and extent of the project to be planned, designed
and procured for construction in Pre-construction Stage (Work Development Stage
studies; Design Stages; Construction Contract Procurement Stage procedures
including selection of a Form of Contract) and in Construction stage.
7.4.2 The Consultant shall take full responsibility for the information prepared by him
and issued to tenderer’s as works information'.
7.4.3 The Consultant shall ensure that provision is made for the appointment(s) of an
identified individual or individuals who is/are suitably qualified and experienced
and hence competent in risk management practices and responsible for the
identification, collection, collation and coordination of hazards and associated
risks and the development and preparation of appropriate Risk Assessments and
Risk Registers for each and all stages of a Tunnel and associated Works.
7.4.4 The Consultant shall make arrangements for checking of designs, construction
supervision and monitoring of the Tunnels and associated Works. Proof checking
of designs shall be at reputed institutions such as IITs/IISc, approved by RVNL.
7.4.5 The Consultant shall develop and maintain during the course of design,
construction of the Tunnels and associated Works an Overall Management
Organization Chart which should identify reporting structures and lines of
communication between the Client, Consultant, the Designer(s) and the
Contractor including supervision and monitoring of the Tunnels and associated
Works. The Chart should be accompanied with curricula vitae of key personnel
from these organizations to support and demonstrate the competence of those
persons designated for the design, construction and project management of the
works.
7.4.6 The Consultant shall take into account all other matters relating to his role and
responsibilities to cover the provisions of TOR. Role and responsibilities for
Project Manager (during Construction Stage) are given below for the guidance
of Consultants:
b) Perform the role and responsibility envisaged for the consultant in these
TOR and Contract agreement as a whole.
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d) Comply with the instructions given by the Employer for proper execution
of the project.
f) Coordinate with Railways, Forest and other State Govt departments for
obtaining various approvals/permissions to facilitate smooth execution
of the work.
RUB, ROB
Description of and Total
SNo Unit Tunnel Qty Viaduct Qty
Personnel Waterway Qty
Bridge Qty
A Key Personnel
Team Leader-Project
Person (1X48)
1 Manager (Tunnel - - 48
month (Expat)
Construction Engineer)
Project Manager
2 - (1X42) (1X42) 84
(PM)/Civil
Resident Geotechnical Person
3 (1X48) - - 48
Engineer month
Person (1X42 +
4 Resident Geologist - - 90
month 1X48)
Resident Alignment & Person
5 (1X48) - - 48
3D Monitoring Engineer month
Resident Engineer Person (1X48)
6 - - 48
(Civil)-Tunnel month National
Resident Engineer (RE)/ Person
7 - - (1X42) 42
Steel Bridges month
Resident Engineer (RE)/ Person
8 - (1X42) (1X42) 84
PSC Bridges month
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RUB, ROB
Description of and Total
SNo Unit Tunnel Qty Viaduct Qty
Personnel Waterway Qty
Bridge Qty
Resident Engineer (RE)/
Person
9 Sub Structure (Bridge - (1X42) (1X42) 84
month
Contract)
(2X48 +
CE-I Civil Engineer Person
10 2X36) - - 168
Expert Tunnel National month
National
Person
11 Sub Structure Expert - (2X42) (2X42) 168
month
Person
12 Super Structure Expert - (2X42) (2X42+2X36) 240
month
Person
13 Quality Control Expert (1X42) (2X42) 126
month
Quality Control Expert Person (1X48 +
14 - - 90
(Tunnel) month 1X42)
Person
15 Estimating Expert (1X48) (1X42) (1X42) 132
month
Expert - Safety, Health Person
16 (1X48) - - 48
& Environment month
Person
17 Land Expert - - (1x42) 42
month
Person
18 Environmental Expert - - (1x42) 42
month
Expert- Contract Person
19 (1X48) - - 48
Management month
(B) Supervisors
Supervisor – Civil
Person (4x48)
1 Engineer (Tunnel - - 192
month National
Construction)
Person (1x48)
2 Supervisor - Geologist - - 48
month National
Supervisor – Steel Person
3 - - (2X36) 72
Bridge month
Supervisor - Civil Person
4 - (2X42+2X36) (4X42+4X36) 468
Engineering month
Person
5 Surveyor - (1X42) (1X42+1X36) 120
month
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RUB, ROB
Description of and Total
SNo Unit Tunnel Qty Viaduct Qty
Personnel Waterway Qty
Bridge Qty
Supervisor - Civil
Person (1x48+1x42)
7 Engineer (Quantity - - 90
month National
Surveyor)
Availability of key personnel must be ensured at site during the period shown in the Personnel
schedule as per Form TECH-23B.
8 RVNL may provide assistance in coordination with Railway, RDSO, various local
authorities and government departments for approval/NOC/resolution of issues
related to the implementation of the project. The Consultant will associate to
provide support to RVNL by way of providing expert advice and providing data,
drawings, sketches etc and technical inputs on the issues, attending the meetings
and giving presentations wherever required.
Reviews/endorsements/proposals/recommendations/advice/comments/services
tendered by the consultant shall be put up for approval/NOC of RVNL before
implementation. The recommendations/suggestions should be proposed in
conformity with the constraints of overall time and cost of the project.
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ii) Survey reports and coordinates of project Control Pillars and TBM.
(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) During pre-construction stage, consultant shall have or arrange local design
office/facilities in accordance with Attachment 2 to Data Sheet (section-2).
RVNL will arrange to provide the site office and other facilities as indicated in the
Attachment 3 to Data Sheet (section-2) during the construction stage. However,
safety equipment like safety shoes, jacket, helmets etc for DD&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 DD&PMC is provided with safety
equipment) 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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Part-1: Terms of Reference for Detailed Design; and Design Support during construction
stage
1 General Requirements:
(i) The consultancy services shall provide Investigation report, Detailed design
and Design support consultancy services during pre-construction and
construction stage of various tunnels & Viaducts of single track electrified
Broad Gauge new rail line between Indore and Budni of Broad Gauge new
rail line between Mangliya Gaon (Indore) and Budni. The designs shall be
got proof checked from approved institutions such as IITs/IISc.
(ii) Design includes preliminary and detailed designs for permanent Tunnels and
associated Works and also temporary works designs during the Construction
Stage of the project.
(iii) The principles to be adopted for Design shall apply equally for the designs
for permanent works and the designs for temporary works.
(iv) The design processes for safety-critical temporary works, and/or any
temporary works that support the ground during construction, shall be the
same as for permanent works.
The services to be provided shall include all provisions which shall cater for safe
and comfortable running of freight as well as passenger services with minimum
maintenance.
The services are listed below under different categories but the services required
may be overlapping also. The scope of the consulting services for each of the major
category listed below includes, but is not limited, to the following activities:
2.1 Tunnel Works: Planning and design philosophy for tunnel shall be as under
2.1.1 Planning: Planning of a tunnel work would require the interdependent
participation of the following discipline, at a minimum:
(i) Geology
(ii) Geotechnical engineering
(iii) Excavation technology i.e. Drill and blast, road header etc
(iv) Design of supporting structural elements, including long term behaviour
of materials.
(v) Contract principles and law
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Although the experts in each of these disciplines may be responsible only for
their specific area of knowledge, the decision on the main design features should
be the outcome of the cooperative integration of all the discipline thus, ensuring
that the project, in all its details, has been developed in unity, and not as the
consecutive addition of the separate work of each of the experts.
2.1.2 Risk Assessment and Management: The consultant shall employ a formalized
procedure to:
i) Identify hazards and associated risks, through Risk Assessments and the
management of risk to ensure their reduction to a level “as low as reasonably
practicable” shall be integral considerations in the planning, design,
procurement and construction of Tunnel and associated Works. So far as it is
reasonably practicable, risk should be reduced through appropriate design and
construction procedures.
iii) Identify and evaluate the hazards; and identify and quantify their consequent
risks throughout all stages of a project.
iv) Prepare Risk Registers to identify and clarify ownership of risks and to detail
clearly and concisely how the risks are to be allocated, controlled, mitigated
and managed. To develop the systems to track risks and to enable the
management and mitigation of risks through contingency measures and
controls; to be monitored through all stages of a project.
i) The design process should be such that, the risk of failure or damage to the
Tunnel and associated Works or to a Third Party from all reasonably
foreseeable causes, including health and safety considerations, is extremely
remote during the construction as well as during the design life of the Tunnel
and its associated Works.
ii) Risks from high consequence, low frequency events that could affect the
works or a Third Party must be explicitly considered in the design process.
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iii) The Designer shall prepare documentation which shall include but not
necessarily be limited to:
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i) The Designer shall assess and confirm the appropriateness of the design in
terms of construct-ability, including health and safety considerations and
impacts on Third Parties.
ii) The Designer shall take account of the impact of staged or sequential
excavations to ensure the feasibility of construction stages and hence the
appropriateness of the design. Provision shall be made by the Consultant for
ensuring that the Designer's intent/requirements are adhered to during
construction.
iii) The Designer shall use the available geological and geotechnical data for
design of tunnels and if required get the additional site investigation to
obtain, inter alia, ground and ground water information and geotechnical
properties appropriate for the construction of the Tunnel and associated
Works, recognizing the likely method(s) of tunnelling/ excavation that may be
employed at consultants own cost.
iv) Where appropriate, the design shall detail the excavation/support sequences and
identify appropriate monitoring measures during the works for the range of
anticipated ground and ground water conditions and shall also include for the
provision of contingency measures. The Designer shall ensure the design is
consistent with the fundamental requirements of 2.1.3(v) in terms of
geotechnical variability, workmanship and construction tolerances.
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These shall be as per the laid down guidelines in UIC Code 779-9R for Safety of
Railway Tunnels /other relevant international codes/standards, and other good
practices being followed for railway tunnels world over. Study should involve
model/simulation studies wherever required to workout optimum solution. The
safety system should cater for continuation of existing railway communication
between Guard and Driver of the train in the tunnel; Emergency communication
system within the tunnel and include planning for functioning of future train
communication systems and advance signalling systems.
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The maximum track gradient within the tunnel (after allowances for curve
compensation) permitted is 1 in 150. The maximum length of continuous track at
or close to the maximum grade shall be based on a consideration of the
capability of the rolling stock using the tunnel. Where twin tunnels or escape
tunnels are prescribed, the tunnels shall be linked with cross passages for the
purpose of emergency egress.
i) Detailed design and drawings of main tunnel, escape tunnel, loop line
tunnels, cross-passages, caverns, crossover tunnels, adits (last 50 m and
connections), shafts, cut & cover, and associated works including portals
required to complete the tunnel works.
ii) The design shall elaborate proposed method of construction, rock mass
classification (rock characterization), excavation sequence, behaviour type
and support system of tunnel etc., as part of detailed design in sufficient
detail to obtain second opinion from third party, if required by RVNL.
iii) Method of excavation can be drill and blast type(D&B) or with rock
breaker/ road header as per site requirement; with primary lining of sprayed
concrete and a secondary lining of in-situ concrete using the New Austrian
Tunnelling Method (NATM) concept. However, the designer can suggest
any other tunnelling technique on techno- economic consideration.
iv) The detailed design will include design and drawing of longitudinal profile,
cross sections, support systems, lining, water proofing, rock bolting,
shotcrete, traction type(OHE), ventilation system, tunnel illumination, Sign
ages, fire protection, self-rescue & self-evacuation concepts,
communication, surveillance, drainage, muck dumping plans of excavated
material keeping in view environmental issues, OHE fixtures, other
Electrical & S&T related issues for successful completion of the tunnel
works for railway operation. Invert and OHE fixtures shall be designed
compatible with ballast-less track system and OHE system as recommended
and designed by the consultant.
vi) The design of tunnels and tunnel services is to take into account the ability
to access components for inspection and maintenance purposes.
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vii) Tunnel lining, invert, fittings and components shall be designed to mitigate
the effect of stray currents from the overhead wiring system.
ix) Mechanical and chemical anchors should be designed and installed taking
into account the long- term strength of the natural ground-and tunnel linings
allowing for deterioration overtime.
The rate of inflow of ground water into the tunnel is to be limited to the
extent possible, in order not to adversely affect surrounding environment,
property and infrastructure caused by changes to the groundwater level and
flow regime.
x) The tunnel and associated systems shall be designed to allow acceptable
noise and vibration during operation.
xi) Material and man refuges may be provided in tunnels for infrastructure and
other authorized staff to stand during the passage of a train. The spacing at
each location is to be determined by a risk assessment, taking account of
factors such as train speed, available sighting distances, and existence of
warning light systems. In single track tunnels, refuges may be provided on
one side only or staggered on both sides. In double track portion of tunnels,
refuges shall be provided in a staggered pattern on both sides of the tunnel.
xiii) The design of tunnels is to take into account safety considerations for
construction and maintenance personnel, and any other parties including
operational personnel who may be required to use the structure for
operation of trains.
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xv) Tunnels shall be designed for earthquake forces as per relevant IS code.
xviii) The design of tunnel fire systems shall consider the tunnel system as a
whole including rolling stock, stations, tunnel configuration, railway
equipment and railway operating and emergency procedures. Tunnel
emergency lighting is required to provide minimum safe levels of lighting
to enable passengers and/or train crew to detrain to tunnel walk ways and
for safe egress from the tunnel. This shall be achievable under power failure
conditions
a) Emergency telephones
b) Train radio network
c) Mobile phone network
i) Plan and L section of the approved alignment for section between Chainage
33160 To 34400 For Tunnel No. 1 (1.24 Km) and 57400 To 66040 For
Tunnel No. 2 (8.64 Km) is indicative and shall be refined if required by the
consultant, with most appropriate vertical and/or horizontal alignment
considering tunnelling methodology, ground geology, ground & ground
water treatment measures, constructability, environmental, operational and
maintenance issues and based on refinement of structures i.e. tunnels,
portals, bridges, yards layout along the alignment. The refinement of the
alignment geometry shall be carried out as per technical parameters
approved by RVNL.
ii) Horizontal control has been fixed by establishing GCPs along the alignment
using DGPS sets by putting them in static mode for sufficient duration.
TBMs have been established all along the route on existing bridge parapets
and tunnel portals. SOI - GTS bench mark referred above has been used for
deriving the values of all TBMs.
iii) The Consultant will be required to perform full and detailed re- surveying of
all projects’ components – including the establishment of a new control grid
for the project. The Employer is not responsible for incompatibilities that
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may be caused as a result of the use of the survey included in the framework
of the design transmitted to the Consultant.
iv) The design work shall include survey, marking and geodetic
coordination works that will ensure precision of the works and their
compatibility with the other project components and as mandated by the
requirements of the specification.
v) During construction, the Consultant shall inspect and verify the tunnel
alignment including independent survey of the work of the contractor’s
surveyor.
vi) Prepare method statement and accuracy standards for vertical and horizontal
control survey for tunnelling works.
2.3 Viaducts: The scope of the consultancy work is detailed design and drawings
for Viaducts of the project including river training works/protection works etc.
The detailed scope is given below but is not limited to following:
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5. Once the GADs and DBR are finalized consultant will submit Detailed
Design and drawings including launching scheme, construction
methodology. Detailed Design of all components of bridge including
foundation, sub-structure, bearings, super-structure, approach, slope-
protection, river training work, soil stabilization works, etc will be done
by consultant. Relevant drawings will be submitted.
11. Proof Consultant will be appointed and paid by the RVNL and will
perform the Proof check of design/s and drawing/s of the main Bridge and
river training/protection works etc. regarding the correctness and
acceptability of the design and drawing. The consultant shall work in
close liaison with the proof consultant for obtaining the approval of the
Proof Consultant in reasonable time frame so that construction work on
this account is not delayed. The Design Consultant and Proof Consultant
will interact directly with a copy of comments to RVNL. RVNL will only
interact in case of policy/ important matters.
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13. The consultant shall also make schedule for inspection and
maintenance of the structure.
2.4.1 Geology: Review of the available geological data. However, consultant shall
independently carry out geological mapping of alignment, portal area sand
locations having geological risks in appropriate scale in such details as required
for detailed design of tunnels, portals, cross passages etc., at no extra cost to
RVNL. Necessary hydro-geological survey shall also be carried out by the
consultant for up gradation of design It will include regular updating of
existing geological model with additional data available during pre-construction
and construction stages.
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(ii) Design of slope and slope protection works in and around portal area.
(iii) Layout and Design of Surface drainage works and diversion schemes in
the open area, in and around portal as per site topography.
(v) Planning for road accessibility to both the portals of the tunnel. In long
tunnels, a rescue area is to be suitably designed and provided at each
portal, adit and emergency exits if required in accordance with the
requirements of international safety norms.
2.6. General:
i. Submission of detailed Approach and Construction Methodology for all
tunnels, formation and all related works from Chainage 33160 To 34400
For Tunnel No. 1 (1.24 km) and 57400 To 66040 For Tunnel No. 2 (8.64
km).
ii. Prepare and submit Quality Control (QC) and Quality Assurance Plan
(QAP).
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2.7.0 For knowledge up-gradation and better appreciation of latest design concepts and
systems as recommended for the project, the consultant would organize and
arrange four study tours for RVNL officials to projects outside India which are
under construction/ operation in consultation with RVNL. Each visit will have
maximum of six (06) officials and duration will be of seven (07) working days
excluding traveling time. The class of air travel for most of the officials will be
business class, and hotel accommodation shall be commensurate with their
official position in RVNL as per Annexure-A of section-5 GCC and shall not be
less than $280 for Directors and above, $220 for ED/GGM/CPM or equivalent
$160 for GMs and above and $130 for rest of the RVNL officials in accordance
with Ministry of Finance circulars. Place of Return journey can be
accommodated from other places within the limits of air journey tickets. The
other expenses like hiring of local transport to & from airport/hotel,
refreshments/working lunch/dinner etc., & cost of lectures, presentations,
demonstrations, field training, course material, during field programs shall be
included in rates quoted in Form FIN-2. The place of visit shall be
Austria/Norway/Other countries as decided by RVNL to impart knowledge of
new tunnelling and other underground construction machinery. The timing of
tours will be decided in consultation with RVNL.
RVNL proposes to get the study and detailed design of ballast less track(s) for
tunnels, bridges, formations, Switch expansion joints (SEJ) and points &
crossing etc. for straight and curve tracks through separate DD&PMC
contract. The consultant shall integrate the ballast less track design in all
tunnels. The dimensioning of tunnel cross sections in all underground
structures with track shall be compatible with the recommended ballast less
track parameters. The consultant shall also prepare tender document,
specifications and BOQ of ballast less track for all tunnels for the purpose of
tendering.
2.9 Detailed Design of E&M system, OHE works and S&T works
2.9.1 E&M works: Detailed design of E&M systems design which includes design of
ventilation, emergency doors, fire prevention, fire alarm, fire safety systems,
hydraulics, drainage, cables and pipework, LT panel, LT cable distribution, UPS,
DG sets, transformers, lighting, air conditioning in underground part of station area
an associated tunnel sections, monitoring and control systems. It also includes
E&M systems relating to design of self-evacuation concepts, emergency safety
concepts etc., complete in all respect for underground structures.
2.9.2 To assist RVNL in obtaining clearance from statutory bodies such as Local fire
service, electrical inspectorate, pollution control boards etc., and coordination with
civic bodies for works related with E&M systems.
RVNL will scrutinize the reports, concepts, designs and drawings submitted by
Consultant and give No Objection Certificate".
2.9.3 OHE Works
i) To study suitability of fixed or flexible type OHE system and recommendation on
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2.10
2.11 Procurement for Construction Contract.
2.11.1 RVNL intends to call separate “construct only” contracts for Civil and E&M works.
The Consultant shall assist RVNL in procurement of consultants/ vendors and
contracts, by framing technical specifications, design, drawings, EQC, BOQ and
preparing and/or review of tender documents for all type of civil works for this
stretch of section i.e. tunnels, shafts, adits, viaducts, formation in
embankment/cuttings, drainage, protection works etc., including associated civil
works related to Signalling & Telecommunication, Electrical, E&M, OHE works in
and outside tunnels, etc. as per approved procurement procedure in consultation with
RVNL complete in all respect as per best international practices/standards. It
includes similar separate tender document for execution of track linking and other
works at a later stage when tunnels are nearing completion.
2.11.2 Evaluation of tenders will be done by RVNL, however assistance shall be provided
by the Consultant if required in technical evaluation. If the construction contract or
suggests their construction methodology, in such eventuality, consultant will assess
such proposals and recommend techno-economically best- suited proposal.
2.11.4 The Works Requirements and BOQ for Works and E&M construct contracts
should include following aspects as applicable but not limited to, for successful
completion of tunnel and associated works for operational requirements:
i. Main tunnel, escape tunnel, cross passages, etc., and its drainage & allied civil
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a) The preparation of Contract Document for tendering purposes shall take due
regard of the type of contract to be awarded (i.e. construct only) and the Form of
Contract (i.e. standard forms of Contract published by the International
Federation of Consulting Engineers (FIDIC), RVNL standard bidding documents
or Local National forms appropriate to Tunnel Works,).
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b) The selection of a Form of Contract by the Consultant and the drafting of its
detailed terms should take due regard of the allocation of risks to the parties of the
(the proposed) Contract and consequently the liabilities to the parties of the
(proposed) Contract. All Contract Documentation shall clearly demonstrate how the
parties to each contract should clearly and explicitly set out the responsibilities and
duties for each contract.
g) Contract Documentation shall clearly identify current best practices with respect
to risk management procedure, contractor’s staff and organization, methods and
equipment, management systems, monitoring, management of change etc.,
h) Contract Documentation should clearly set out the information required for
assessment of tenders together with the criteria and their weighting on which the
evaluation of the tenders will be based.
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2.12.1.1 To provide approved "fit for construction" drawings to the successful bidder
for execution of work in-time.
2.12.1.2 Provision shall be made in a Contract for sufficient monitoring of tunnel and
associated works during the Construction Stage to ensure that the design
being implemented remains valid at all times. Such monitoring by the
Consultant shall include the monitoring of the performances of the ground
and ground water, the Tunnel works structures and adjacent structures
potentially affected by the Tunnel and associated Works as appropriate to the
method(s) of working adopted during the Construction Stage.
2.12.1.4 Review and modify the detail design/plans for all stages of the works in
underground works as per actual geological conditions and incorporate
changes in design resulting from 3D monitoring and instrumentations. In
case any modification in design/drawings is required during the progress of
work due to change of strata from that observed during investigation or due
to any difficulty encountered during execution, the same will be carried out
by the consultant without any additional cost.
2.12.1.5 It is in the scope of work of the consultant that all the works including
temporary works being carried out at site shall be reviewed by the consultant
and ensured that the work is proceeding according to his design and
specification. The comprehensive quality plan, safety plan, environmental
mitigation plan, disaster management plan as submitted in the final design
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stage shall be strictly adhered to. The consultant shall approve all works with
respect to quality.
2.12.1.6 The Consultant shall provide adequate number of suitably experienced and
qualified and hence competent persons during the execution of the design for
the tunnel works, so that the works are implemented at the Construction
Stage to the absolute satisfaction of the Designer including the
implementation of any pre-planned contingency measures.
2.12.1.7 A team of key personnel will provide design support during construction
stage. The team shall comprise of Tunnel Construction Engineer, Resident
Geotechnical Engineer, Resident Geologist, Resident Alignment & 3D
Monitoring Engineer.
2.12.1.8 The consultant shall ensure that contractor undertakes preparation and
submission of working drawings before construction and "As- Built"
drawings after construction. The same shall be submitted to RVNL duly
verified by the consultant.
2.12.1.9 Interface and coordination with other designated system contractors and design
consultants.
2.12.2.1 To provide approved detailed working drawings to the successful bidder for
execution of work.
2.12.2.2 To provide technical support during execution of E&M works contract relating
to ventilation, emergency doors, fire prevention systems, drainage, cables and
pipe work, transformers, lighting, monitoring and control systems,
communication systems etc.
2.12.2.3 To assist in supply, installation, testing and commissioning of E&M systems
including preparation of operating and maintenance manual, training of
operating and maintenance personnel.
2.12.2.4 The Consultant and/or authorized representative of RVNL will undertake
inspection during the manufacture, delivery at site, installation, construction,
testing, and commissioning of E&M systems including integrating testing.
2.12.2.5 The Consultant shall monitor the contractor's activities for quality assurance
and for conformity to contract specifications and time frame.
2.12.2.6 The consultant shall ensure that contractor undertakes
preparation and submission of working drawings before construction and" As-
Built" drawings after construction. The same shall be submitted to RVNL duly
verified by the consultant for its correctness.
2.12.2.7 Interface and coordination with other designated system contractors and design
consultants.
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2.12.0 The consultant shall prepare all the documents required for minor sanctions
and opening documents required for statutory inspection of Commissioner of
Railway safety.
The inception report shall be submitted within 4 weeks from the date of
commencement of services, comprising-
Pre-final design which shall be submitted within 10 weeks from the date of
commencement of services. It shall consist of the following:
3.2.1 Design
The Pre-Final Designs shall provide RVNL with an indication of the manner in
which the works will be performed in general and shall consist of key features
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pertinent to the design work. The Pre-Final Designs submission shall be a coherent
and complete set of documents, properly consolidated and indexed and shall fully
describe the proposed Pre-Final Designs. It shall include but not limited to the
following:
(A) System Decision Report for all systems/concepts required for operation of
railway tunnel such as ventilation system, drainage system, rescue
&evacuation system, safety management, firefighting, emergency and
disaster management concepts, lighting system, signages, communication
system, environment monitoring system for performance of the tunnel. It
would include Electrical and Mechanical (E&M) services and equipment
and their interaction with the structures.
(B) Deleted.
(C) Reports on OHE system to be adopted and its interface with the tunnel
components.
(D) Deleted
(E) This would include presentations and workshops for RVNL/Railway for
finalization of systems/concepts including computer simulation in relevant
concepts/designs wherever required.
(F) Finalization of size and shape (design cross section) for various
tunnels/underground structures including the dimensioning of all major
features, structural elements and members on the basis of reports finalized
above. This shall be submitted within 10 weeks from the date of
commencement of services.
ii) Design Manual (Design Basis Report) -The Design Manual shall
incorporate all design requirements/criteria, standard codes/ manuals/
guidelines, loading cases, construction methodology, permissible
movements and deflections, material properties, Detailed construction
methodology, details of support system design and all other documents or
matters which are relevant to and govern the design. The design manual
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shall refer to all codes and standard used, making clear their specific
applications. The design manual shall be produced so that it can be used by
those involved in the preparation or review of the design of the permanent
works as a comprehensive reference text and efficient working document.
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The submission shall contain the final design drawings, specifications, Bill of
Quantities and Employer’s Requirements for use in the Contract Documents and
Drawings for issue on award of the Construction. Complete design report
including a sign off letter from each designated consultant/designer shall also be
submitted.
3.5 Stages of submission of various E&M systems Reports
3.5.1 Inception Report:
The inception report shall be submitted within 10 weeks from the date of
commencement of services, comprising-
a) The approach and methodology to meet the requirement of Deliverables and
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The Final Design report shall be submitted within 20 weeks from the date of
commencement of services, comprising of detailed technical specifications and design
which includes detailed design of ventilation, emergency doors, fire prevention , fire
alarm, fire safety systems, hydraulics, drainage, cables and pipework, catenary
fixtures, LT panel, LT cable distribution, UPS, DG sets, transformers, lighting, air
conditioning in underground part of station area and associated tunnel sections if
required, surveillance as well as communication systems etc.
The design shall be finally revisited at the time of tendering for construction
contract once substantial progress of the tunnel work is completed.
3.5.3 Preparation of tender document for E&M work of tunnels and other
electrical structures specified in Scope of Works
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Note: The time for RVNL’s approval is included in the above key dates which are
stipulated as 2 weeks from the date of acceptable submission for the Purpose of
above key dates. Incase actual time taken for approvals beyond stipulated period of
2 weeks; the consultant’s key dates for subsequent submissions will be accordingly
extended, without any extra payment on account of this extension.
A soft copy of each item listed below shall be delivered together with the number of
hard copies indicated below for the final and accepted submissions.
All material shall be delivered to RVNL as follows:
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6.1 Augmentation of data –In the conduct of the consultancy service the Design
Consultant shall co-operate and associate fully with RVNL, which shall provide
available relevant data and reports, but these may or may not be adequate. Any
further investigation proposed by Consultant and accepted by RVNL, shall be got
done by consultant at its own cost. The consultant shall not be entitled for
additional cost on any account whatsoever for the period required for such further
investigations. The Design Consultant shall be solely responsible for the analysis
and interpretation of all data received and collected and for the conclusion and
recommendations contained in their report. Plan, L-section, typical section of the
tunnel and geotechnical investigations of the tunnel are for reference and guidance
only.
6.2 Reference codes-Designs are to comply the requirements of the relevant Indian
standards, specific site geotechnical parameters and the requirements of these TOR.
All relevant Indian Acts and Regulations shall also be complied with. Should the
Design Consultant propose to use alternative Standards or Codes of Practice they
shall buy and submit two copies of such standards or codes with justification for
their use to RVNL for review and acceptance within 4weeks from issue of the
LOA. A tentative list of Codes and Manuals is given as Annexure-1.
The design life of the permanent civil engineering works shall be 100 years.
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ii) The consultants shall assist in preparation of the necessary documentation for
obtaining statutory approvals/approval of concerned government authorities as
required for successful execution of works.
The forest clearance and land acquisition proposal are already submitted and
are in advance stage of approval.
10.1 Unless otherwise required by RVNL, calculations relevant to the Design shall be
submitted for review with the respective Design Submission. The Employer’s
Representative may require the submission of applicable software including in
house software program/work sheets developed by the Consultant, computer
input and program logic for its review prior to the acceptance of the computer
output.
10.2 Consultant will submit two copies of design calculations and drawings to RVNL
for obtaining NOC after which the consultant will submit final copies for
execution and record. However, the responsibility for correctness/adequacy of
the design shall continue to lie with the consultant.
10.3 Consultant will prepare his design note containing design criteria and obtain No
Objection Certificate (NOC) signed from RVNL to proceed with the detailed
design. However, the responsibility for correctness/adequacy of the design shall
continue to lie with the consultant.
10.4 The Consultant shall prepare and submit a comprehensive set of a calculation for
the Pre-Final Design in a form acceptable to RVNL. Should the design of the
Permanent works be revised thereafter and such revision renders the
calculations, as submitted, obsolete or inaccurate, the Consultant shall prepare
and submit the revised calculations.
10.5 Drawing Standards: Construction drawings are to comply with Indian standard
procedures and formats, and are to detail the design criteria and any other
information that is relevant to ensuring that the new structure is constructed and
maintained in accordance with the design.
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12.2 It shall approach all assignments objectively and by using sound technical and
economic principles and provide solutions, which serve the best interest of
RVNL.
12.3 The Consultant shall give a declaration that its firm has no financial or
managerial ties with other organization that could influence its independence.
**********
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Part-2: Terms of
Reference for
Project Management services during construction stage
1 Scope of work:
1.1 Scope of the main works to be executed by the Works Contractors will be defined
by the Consultant for Construction of entire project. The tender document for the same
will be prepared by the Consultant as per Part-1 of the TOR and will be invited and
awarded by the Employer.
1.2 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 1.1above.
2.1 The Consultants’ team of key personnel will comprise of Project Manager, Resident
Engineers, Foremen, supervisors 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.
3.1(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 work and handing
over the completed work to Railway, duly ensuring safety at work sites, 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, exercising
supervision on the execution of works, 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,
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3.1(b) In a nut shell the objectives of the consulting services are to assist the Employer to
implement the work in conformity with Railways’ rules and regulations; and codes
Local laws, bye laws, regulations, rules etc.
(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.
(ii) That the Contractors 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.
(iv) Accuracy, quality of work man ship safety of the works being carried out by the
contractors.
(ix) That the Project Management Consultant assists the Contractor and the Employer
for the required coordination with the railway administration and any other
agencies.
(xii) DELETED
(xiv) Accurate measurement of work done for payment, record and verification.
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(xv) Timely payments and recovery of advances, various securities and liabilities
including statutory recoveries.
(xxi) Deleted.
(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.
4.1 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’s representative on site and deploy other personnel as per requirement of
Employer for provision of services. The contract for the project management
consultancy shall be up to the end of Defect Liability period. The consultant will act
as the Engineer for the purpose of the works contract as specified in the same.
4.2.2 Consultant’s Authority: The Consultant shall exercise such authority, in his capacity
as the ‘Engineer’ defined in the construction contract documents subject to the
Consultant having no authority for:
In case the emergency mentioned in above Sub Paras occurs on account of failure
of Contractor, by way of not adhering to the approved scheme of work or not
taking adequate safety precautions or by any other reason attributable to the
contractor, then no additional amounts shall be paid to the Contractor for
attending to such emergencies and the Contractor shall
be liable for Employer’s claims”.
a) Developing Project Management Plan within 30 days from the Effective Date
in the format specified by the General Consultant/or the 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 within45 days of effective date. This includes job related to proper
accountal of the material both supplied by the contractor and the old released
one.
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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.
h) Preparation and submission for Railways approval all those plans and
documents which are required for the execution of the work but which are not
covered in the construction contract.
n) Deleted.
p) To propose a viable phase working plan for the work, if situation warrants.
r) Project monitoring for the implementation of the Project up to the end of the
defect liability period.
s) Deleted.
1. Provide technical guidance to the contract or 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 EMP (Environmental Monitoring
Programme) in the Initial Environmental Examination (IEE) report, and maintain
records for the same.
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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 into 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 plan:
(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.
(ii) Review the adequacy of the contractor’s quality management system and
contractor’s proposed personnel specified in the construction contract.
(v) Deleted
(vi) Deleted
(vii) Liaison between various contractors, designers, such that the designs for
these sub-systems, that in particular their civil works, such as ducting,
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pedestals, cabins, poles and supports will be integrated properly into the
overall project works.
(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.
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 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
don’ts 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;
i) Issue orders to the contractor to remove or make good any work which is found
to be:
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5.3.1 The consultant shall monitor the project covering all aspects of the project but not
limited to:
a) Progress in accordance with work schedules with the objective of taking
remedial measures to ensure project completion date and costs.
b) Critical Interface requirements particularly when different agencies are
involved whether under different contracts or within the same contract for
works.
c) Cost Control
d) Environmental matters such as Environmental Mitigation Plan (EMP) and
its implementation.
e) Quality Control/Quality Assurance Plan.
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. Critical path analysis using suitable Project
Management Software such as TILOS/Primavera or similar as mutually agreed with
the Contractor and the Employer. Establishing project monitoring and reporting
program for the project to fulfil the requirements of project and to highlight issues
such as constraints of resource, manpower and equipment, interfaces issues pending
approvals and critical activities which are impeding progress of the project. 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.
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(i) Ensure adequacy, stability and safety of all personnel and construction works
being executed by the contractor during the construction, operation and
maintenance upto 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.
(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.
(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 powerlines.
(xi) Prepare/issue modified drawings required for variation orders, or any other
change, agreed by the Employer.
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(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, and 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.
(xx) Ensure that the reinforcement provided is as per the approved drawings tied
properly with cover blocks and chairs as required.
xxii) Inspect the works or any part of the works, at substantial completion and advise
the Employer and the contractor of any outstanding work, including defect, to
be completed/remedied during the defect liability period.
(xxiv) 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.
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(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 or 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.
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
23.08.2016 for measurement and payments (Annexure-10), 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.
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:
(iii) Systems and Procedures duly covering quality and safety plan: Within 45 days of
Effective Date of services along with necessary preform as, stationery for smooth
functioning.
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
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(a) List of approval sought and given. Measures aimed at course corrections–their
requirement and their implications.
(b) 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;
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 in to 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.
6.3 Project Director, nominated by the Employer, will be the Employer’s Representative.
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Annexure 1
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Annexure-2
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SECTION 5
FORM OF AGREEMENT,
AND
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CONTENTS
Cl NO. Description Page
A: FORM OF CONTRACT AGREEMENT 3 to 6
CONTAINING CLAUSES
1 Services 4
2 Reports 4
3 Personnel 4
4 Commencement Date 4
5 Date of Arrival 4
6 Provision of Services and Payment to the Consultant 4
7 Accounts for payment 5
8 Authorized Representative of Consultant 5
9 Notices and Requests 5
10 Effective Date 6
11 Miscellaneous 6
12 Documents forming the Contract 6
B :GENERAL CONDITIONS OF CONTRACT 7 to 35
Article
No.
I Personnel 7 to 10
II Staffing Schedule 10 to 11
III Performance of the Services 11 to 15
IV Sub-Contracts 15
V Relationship of parties 15
VI Payment and mode of Billings 16 to 21
VII Accounts and Records 21 to 22
VIII Indemnity and Insurance 22 to 23
Ownership of work product, Computer Programs and
IX 23 to 24
Equipment
X Disposal of Data & Equipment 25
XI Co-ordination 25
XII Exemptions and Facilities 25
XIII Force Majeure 25 to 26
XIV Suspension 27
XV Termination 27 to 30
XVI Settlement of Disputes 30 to 33
XVII Variations 33 to 34
XVIII Conflict of Interest 34
XIX Confidential Information 34 to 35
XX Contractual Ethics 35
XXI Compliance to Laws, Bylaws and Regulations 35
XXII Specifications & Designs 35
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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
“Detailed Design and Project management Consultancy for the works --------------
-------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------
----------
C) The Consultant has agreed to provide the Services on the terms and conditions set forth
in this Contract.
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Clause 1. Services
The work to be performed by the Consultant under the Contract (such work
being hereinafter called the Services) is more particularly 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.
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 Team leader and/or
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.
(a) For detailed design stage, the Consultant shall commence the Services within
fifteen (15) calendar days after the issue of LOA.
(b) Project Management Services and Design Support services during construction
stage: The consultant shall commence the services within 45 days from the issue
of notice of commencement by the Employer.
The Consultant shall promptly inform the Employer of the date of arrival of the
personnel at site.
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(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.
(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.
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.
______________________________________
(Authorized Representative)
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______________________________________
(Authorized Representative)
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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 the
deadline of submission of applications, may be changed with equal or
better qualification and experience. If, for any reason (except as
mentioned in the forgoing 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 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.
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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.
Such replacement should be arranged at the earliest but not later than 60
days of such notice. If a replacement is not given within 60 days then a
deduction @ 1% of the accepted monthly remuneration rate per day of
delay, for the first 60 days after the notice period of 60 days shall be
applicable. After 60 days period, a deduction @2% 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 60 days shall be
borne by RVNL.
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 within two years of
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Section 1.05: The Team Leader and key personnel 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 15 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 @2/30th 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 will be taken by
RVNL to debar the firm from participation in future assignments of
RVNL for a period up to 2 years.
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 the next
Intimation of Daily day should be fixed on daily basis by the Team leader/Project
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.
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Section 1.10: Any personnel who have been removed by RVNL, in any of its contracts, shall
not be recruited for the assignment.
The Consultant shall ensure that each national personnel deployed for
services is not paid less than the minimum monthly payment stipulated
below for each category:
Resident Engineer - Rs.79,000/-
Expert - Rs.62,000/-
Supervisor - Rs.48,000/-
The payment for this purpose shall include only salary, leave salary,
medical insurance, PF contribution of the employer.
The minimum payment as specified above shall be applicable for the first
12 months from the date of commencement and shall be increased @ 5%
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.
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: During construction stage, initial deployment of key and non-key
personnel as specified by the employer, will be done within 90 days of
the notice of commencement of Project Management services linked
with anticipation of award of construction contract.
Section 2.02: Employer reserves the right to reduce the nos. and estimated person
months of key personnel and site supervisors by serving 60days’ notice
to the consultant, without any claim on either side, as per site
requirement and the staffing schedule shall be amended accordingly.
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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.
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 up to 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.
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Failure to submit the above list shall entitle the employer to terminate
the Consultancy Contract and forfeit the Proposal Security/Performance
security.
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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: Payment of the amount due, shall be made in INR as specified in the
Data Sheet, into the bank account of the consultant. However, in case of
JV, direct payment to individual JV partners shall be made on joint
certification (about the net amounts payable to individual partners) by
the authorised representatives of the JV and concerned respective
authorised representatives of the JV partners, after making requisite
recoveries/deductions from the gross payment. In case of any dispute
regarding the net amount payable to individual partners, the Engineer
shall decide the same on the basis of responsibility indicated in the JV
Agreement as the responsibility of each JV partner. Payment to
individual JV shall be treated as payment made to the JV. The said
amount shall not alter any obligation of the JV and its individual partners
under the Agreement and their obligations under the agreement shall
remain joint and several. However, on specific request of the JV the
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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 @ 95% of the accepted
man month rates as per actual deployment of staff duly certified by
employer or his representative.
a) 5% will be released proportionately to the average financial progress
of the construction contract for which Consultant has been appointed.
b) Deleted
c) However, the payment so withheld in terms of sub- section (a) and
(b) above, can be released by the Employer if the consultant submits
Bank Guarantee(s) of equal amount valid up to 28 days beyond the
completion date of the consultancy contract. The Consultant shall
ensure that the guarantees are valid and enforceable until the
completion of work. If the terms of the guarantee specify its expiry
date, and the work has not been completed by the date 28 days prior
to the expiry date, the Consultant shall extend the validity of the
guarantee until the completion of work failing which Employer shall
have the right to encash the Bank Guarantee(s).
d) In case of validity of contract is extended for reasons not attributed to
Consultant, the payment per month in the extended period shall be
made based on accepted man month rates and actual deployment of
staff. The part of the money held back attributed to financial progress
of work will continue to be released based on actual financial progress
of work
e) In case the contract is extended due to reasons attributed to
Consultant, the payment per month in the extended period shall
made based on accepted man month rates and actual deployment of
staff subject to recovery of delay damages specified in Section 3.08
and no payment for adjustment for changes in cost shall be
permissible. The part of the money held back attributed to financial
progress of work will continue to be released based on actual
financial progress of work.
f) 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.
g) 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
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It is anticipated the project during construction stage will have multiple shift
work, 24 hours a day 7 days a week. Working in nights, weekends and
holidays will be required. Back-up Consultant resources should be available
in case of loss of staff, sickness, or vacations or as required for the project.
c) Consultant Personnel can avail one weekly rest, National holidays and three
of the religious holidays from the list of religious holidays declared at
CPM/BHOPAL/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 6.05:
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(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 6.07: Final payment shall be made by the Employer only after the Final
Statement and the Final Report have been submitted by 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 6.09:
(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
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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 6.12: 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
Section 6.13: Payments shall be made in accordance with Section 6.09. No interest is
admissible on amounts payable by the Employer.
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(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
Ilo
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(b) However, if design stage assignment gets delayed beyond 3 months from the
original currency of the Design stage for any reason beyond the control of the
Consultant i.e. approval delays by the Employer, then the price adjustment for
balance value of all stage payments of FIN-2 shall become applicable from the 13 th
month of the commencement date as per above formula prescribed in (b) above.
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 capital
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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
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 coverages 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.
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
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
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(b) In addition to any liability Consultant may have under Section 8.01
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
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 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.
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ARTICLE X
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 12.02: Facilities: The Construction Contractor shall provide facilities as detailed
in Data Sheet Attachment 2 of Section2.
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
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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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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
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(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.
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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.
The Consultant may terminate this Contract, by not less than thirty (30)
days written notice to the Employer, such notice to 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.
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(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.
ARTICLE XVI
Settlement of Disputes
Section 16.01Amicable 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, after 90 days but within 150 days from the
day on which a notice of dissatisfaction and intention to commence
arbitration was given under clause16.01, 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, together with counter claims or set off, given by the Employer,
shall be referred to arbitration subject to the condition that total amount
of claims in the contract is not exceeding 20% of the contract price.
Other matters shall not be included in the reference.
The Arbitration proceedings shall be assumed to have commenced from
the day, a written and valid 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:
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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.
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
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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: (i) The second part of the contact i.e. design support and PMC services
during construction stage shall only come into operation once
construction contract is awarded and the consultant has deposited
the required performance security. In case the construction contract
is not awarded then the PMC services shall not be required and the
same shall not be treated as variation. In such case, no claim of the
consultant on account of non-operation of Design Support and PMC
services shall be entertained
(ii) Payments during design stage shall be released to the consultant as
per the services delivered by the consultant as specified in FIN-2.
(iii) The design and deliverables submitted by the consultant and
accepted by RVNL shall be the property of RVNL and will be used
in subsequent works.
(iv) In addition, 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 up to 25% increase of the contract value
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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;
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.
ARTICLE XX
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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
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
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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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 12 of the Contract Agreement.
d) “Effective Date” means the date on which ‘notice to proceed’ is given to the consultant
pursuant to clause 10 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.
g) “Party” means the Employer or the Consultants, as the case may be, and parties means
both of them.
i) “SCC” means the Special Conditions of Contract by which the General Conditions of
Contract may be amended or supplemented; and
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.
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ANNEXURE ‘A’
9.1 In cases of journeys within the project jurisdiction TA/DA in not admissible, daily
allowance is not admissible. However, actual conveyance charges as per entitlement as
mentioned in para 9.2 will be reimbursed.
Category of
Designation Entitlement
Employees
E9 ED Actual Taxi fare
E8 GGM/GM/CPM Actual Taxi fare
E7 AGM Actual Taxi fare
F6 JGM Actual Taxi fare
E5 DGM Actual Taxi fare
E4 Sr. Manager Actual Auto charges
E3 Manager Actual Auto charges
E2 Asst. Manager Actual Auto charges
E1 Sr. Executive Actual Auto charges
E0 Executive Actual Auto charges
S1 Below Executive Public Transport
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9.5 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%
9.6 For the time spent on Journey, rates of D.A. as indicated in Para 9.4 above (for other
cities) will be admissible.
9.7 Lodging Charges: Upper ceiling for lodging charges shall be as under: -
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Annexure-B
Letter of Acceptance
[on letterhead paper of the Employer]
. . . . . . . date. . . . . . .
To: . .... . .[name and address of the Consultant] . . . . . . .
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Annexure-C
FORM OF CONTRACT PERFORMANCE SECURITY
(BANK GUARANTEE)
[Refer Clause 11 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:
CPM/GM (Name of PIU)
WHEREAS, Rail Vikas Nigam Limited, hereinafter called the Employer, acting through
[Insert Designation and address of the Employer’s Representative], has accepted the bid of
[Insert Name and address of the Contractor], hereinafter called the Contractor, for the work
of [Insert Name of Work], vide Notification of Award No.[Insert Notification of Award No.].
AND
WHEREAS, the contractor is required to furnish Performance Security for the sum of [Insert
Value of Performance Security required], in the form of bank guarantee, being a condition
precedent to the signing of the contract agreement.
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 [Insert name of the JV partner] , a
JV partner on behalf of the contractor, agreed to give guarantee for performance security and
additional 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,
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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 unequivocal notwithstanding any disputes
raised/ pending before any Court, Tribunal, Arbitration or any Authority or any
threatened litigation by the Employer of 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 contractor 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 Contractor.
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 Contractor, 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 its 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.
9. The Bank agrees that the Employers right to demand payment of aforementioned full
amount in one instance or demand payments in parts totalling 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 its 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.
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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 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 the contractor in favour of the Employer available with the Employer.
The Bank, under this Guarantee, shall be deemed as Principal Debtor of the Employer.
…………………….
[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, which does not have operations in
India, the said bank shall have to provide a counter-guarantee by State Bank of India.
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3 The Bank Guarantee should be duly attested by Notary public with notarial stamp of
appropriate value affixed thereon.
4 In case the Contractor is a JV, the Performance Security is required to be furnished on
behalf of the JV in favour of the Employer by the JV Partners in proportion of their
respective percentage share specified in the JV Agreement. The percentage share of
M/s [Insert Name of the JV Partner] in the JV is[Fill share % in the JV ] percent.
All the Bank Guarantee of JV Partners are liable to be encashed cumulatively.
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Annexure-D
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