PMC Rga-Tmz & Pku-Kgp

RVNL/Kol/RGA‐TMZ
& PKU‐KGP/PMC/1
RAIL VIKAS NIGAM LIMITED

(A Government of India Undertaking)

RFP NO: RVNL/Kol/RGA‐TMZ & PKU‐KGP/PMC/2010/1 DATED: 11.06.10

DOCUMENTS OF REQUEST FOR PROPOSAL

PROJECT MANAGEMENT CONSULTANCY

FOR

“Construction of Roadbed, Major and Minor Bridges and Track
Linking (Excluding supply of Rails, Thick web Switches and line
sleepers) S&T and OHE & General Electrical Work in Connection
with Doubling Between Rajgoda‐Tamluk (Junction Cabin) and S&T
works for 3rd Line between Panskura‐Kharagpur in Kharagpur
Division of South Eastern Railway in the state of West Bengal,
India.”

June’ 2010
1 of 182
RVNL/Kol/RGA‐TMZ & PKU‐KGP/PMC/1

SECTION CONTENTS

1 Notice Inviting `Request for Proposals’

2 Instructions to Consultant, Data Sheet &
Selection Criteria

3 Proposal Forms (Technical & Financial)

4 Terms of Reference

5 Form of Agreement, General Conditions of
Contract and Special Conditions of Contract

2 of 182
SECTION 1

NOTICE INVITING ‘REQUEST FOR PROPOSALS’


FOR

Construction of Roadbed, Major and Minor Bridges and Track Linking (Excluding
supply of Rails, Thick web Switches and line sleepers) S&T and OHE & General
Electrical Work in Connection with Doubling Between Rajgoda‐Tamluk (Junction
Cabin) and S&T works for 3rd Line between Panskura‐Kharagpur in Kharagpur
Division of South Eastern Railway in the state of West Bengal, India.

CONTENTS

Letter of Invitation – (Page 4)

Notice Inviting Request For Proposals – (Page 5 to 6)

(A Government of India Undertaking)
Ist Floor, August Kranti Bhavan, Bhikaji Cama Place, R.K. Puram, New Delhi – 110 066
Section 3 of 182
Ref: RVNL/Kol/RGA‐TMZ & PKU‐KGP/PMC/2010/1 DATED: 11.06.10

…………………………………
………………………………….
………………………………….
………………………………….

Attention: ………………………..

Dear Sir/Madam.

Sub: Construction of Roadbed, Major and Minor Bridges and Track Linking
(Excluding supply of Rails, Thick web Switches and line sleepers) S&T and OHE
& General Electrical Work in Connection with Doubling Between Rajgoda‐
Tamluk (Junction Cabin) and S&T works for 3rd Line between Panskura‐
Kharagpur in Kharagpur Division of South Eastern Railway in the state of West
Bengal, India.

Ref: ‐ Your application No……………. dated…………….

***
In response to Notice of Request for Proposal published in newspapers on
__________________.

1. A copy of the RFP documents in one volume is enclosed herewith.
2. The RFP document includes the following documents:

Section 1 Letter of Invitation & Notice for RFP.
Section 2 Instructions to Consultants including Data Sheet
and Evaluation Criteria.
Section 3 Technical & Financial Proposal Forms.
Section 4 Terms of Reference.
Section 5 Form of Contract Agreement, General
Conditions of Contract and Special Conditions of
Contract.
3. Kindly acknowledge receipt.

Yours faithfully,
Encl:‐RFP Document

Chief Project Manager
Kolkata
Section 4 of 182
(A Government of India Enterprise)

REQUEST FOR PROPOSALS

Ref: RVNL/Kol/RGA‐TMZ & PKU‐KGP/PMC/2010/1 DATED: 11.06.10

1. RAIL VIKAS NIGAM LIMITED (RVNL) invites sealed proposals on single stage
two packet system, from experienced and reputed Consultants, that are
registered in India, to provide Project Management Consultancy Services for
the following Railway Projects:

“Construction of Roadbed, Major and Minor Bridges and Track Linking
(Excluding supply of Rails, Thick web Switches and line sleepers) S&T and
OHE & General Electrical Work in Connection with Doubling Between
Rajgoda‐Tamluk (Junction Cabin) and S&T works for 3rd Line between
Panskura‐Kharagpur in Kharagpur Division of South Eastern Railway in the
state of West Bengal, India.”

Period of Completion: 18 months and 6 months Defect Liability Period.

2. Scope of Consulting Services: The scope of the Project Management
Consultancy Services required by RVNL for the above mentioned Project is
detailed in this Document. The execution of work is being done by two
separate construction agencies.

3. RFP Documents: The interested Consultants may obtain further information
from the `Request for Proposal Document (RFP)’ which can be obtained
between 10.00 hrs and 17.00 hrs on all working days from 14.06.2010 to
29.07.2010 in person from the RVNL Office at the address, given in paragraph
8 below, on payment of non‐refundable document fee of Rs.5,000/‐(Rupees
Five thousand only) in the form of Demand Draft in favour of `Rail Vikas
Nigam Limited’ payable at New Delhi.

RFP Documents requested by post will be dispatched by courier on payment
of an extra amount of Rs 750/‐ (Rupees Seven hundred fifty only).

4. Bidding document can also be downloaded from RVNL website www.rvnl.org
and the bids can be submitted on the downloaded document along with a
separate demand draft towards the cost of bidding documents at the time of
tendering in a separate envelope marked “cost of bidding documents” failing
which the offer will be summarily rejected.

Please note that, if any drawings are referred in the bid document, the cost
of such drawings shall be inclusive of in the cost of bidding documents. For
viewing the drawings and to have a copy of the same, the Tenderer can
Section 5 of 182
contact this office on any working day. It will be the responsibility of the
bidder who is submitting the bid on down loaded bidding documents to
check and see any addendum/corrigendum issued in this regard from the
website from time to time and ensure submission of bid along with all
addendum/corrigendum.

5. Proposal Security: The proposals must be accompanied by Proposal Security
of INR 5.17 Lacs in the form of Bank Demand Draft drawn on any Scheduled
Bank in India. Proposal Security may be also in the form of Bank Guarantee
drawn on Scheduled/Nationalised Bank in India.

6. Receipt of Proposals: Sealed proposals should reach RVNL at the address
given in Para 8 below not later than 11:00 Hrs on 30.07.2010. Bids will be
opened on the same day at 11:30 hours in presence of Consultants’
representatives who choose to attend. Rail Vikas Nigam Limited will not be
responsible for any delay in receiving the RFP documents by the Consultant
or in receipt of their proposals. RVNL reserves the right to accept/reject any
or all proposals without assigning any reason thereof.

7. The Consultancy firms will be selected based on fulfilling the eligibility criteria
detailed in this RFP document along with cost based system.

8. Address For Communication:

Rail Vikas Nigam Limited Phone: 033‐2424‐7330
24, Deshpran Shasmal Road, Fax: 033‐2424‐7332
Beside Tollygunge Railway Station, E‐mail: rvnl.kolkata@gmail.com
Kolkata – 700033

9. Pre‐Bid Meeting: ‐ A pre‐bid meeting will be held on 02.07.2010 at 11:00
Hrs in the Corporate Office of Rail Vikas Nigam Limited, at 1st floor, August
Kranti Bhavan, Bhikaji Cama Place, New Delhi‐ 110066 to clarify any issues
and answer any queries on any matter relating to the services, as stated in
the clause 2.1 of ITC.

Rail Vikas Nigam Limited
Kolkata.

Section 6 of 182

SECTION 2

INSTRUCTIONS TO CONSULTANTS


FOR

OHE & General Electrical Work in Connection with Doubling Between
Rajgoda‐Tamluk (Junction Cabin) and S&T works for 3rd Line between
Panskura‐Kharagpur in Kharagpur Division of South Eastern Railway in the

CONTENTS

♦ Instructions to Consultants (Page: 9 to 26)

♦ Data Sheet (Annexure‐I) (Page: 27 & 28)

♦ Data Sheet Attachment 1
(Selection Criteria) (Page: 29 to 31)

♦ Data Sheet Attachment 2
Site Facilities (Page: 32 to 37)
Section 7 of 182
DETAIL OF CONTENTS

Sub‐
Clause Particulars
Clause
1. INTRODUCTION
1.1 Background
1.2 Selection of Consultants
1.3 Familiarization of Site and other details of the Projects
1.4 Examination of RFP Documents
1.5 Joint Proposal
1.6 Conflict of Interest
1.7 Fraud and Corruption
1.8 Only one Proposal
1.9 Proposal Validity
1.10 Participation Government Employees
2. CLARIFICATIONS AND AMENDMENTS TO RFP
DOCUMENTS
2.1 Pre‐bid Meeting
2.2 Clarifications
2.3 Addendum
3. PREPARATION OF THE PROPOSAL
3.1 Components
3.2 Language
4. THE PROPOSAL
4.1 General
4.2 Proposal Letter
4.3 Documents Comprising Proposal Format
4.4 Proposal Content
5. SUBMISSION, RECEIPT AND OPENING OF PROPOSALS
5.1 Submission of Fully Responsive Proposal
5.2 Submission of Proposals
5.3 Deadline for submission of Proposals
5.4 Proposal Security
5.5 Modifications and withdrawal of proposals
5.6 Opening of Proposals
6. ‐ NEGOTIATIONS
7. ‐ CONFIDENTIALITY
8. ‐ NOTIFICATION OF AWARD
9. ‐ SIGNING OF CONTRACT
10. ‐ PERFORMANCE SECURITY
11. ‐ CONTRACT COMMENCEMENT DATE
12. ‐ TIME OF COMPLETION
‐ Annex 1 Data Sheet
Attachment 1 to Data Sheet: Selection Criteria.
Attachment 2 to Data Sheet: Site Facilitates for the
Consultant.
Section 8 of 182
INSTRUCTIONS TO CONSULTANTS
1. INTRODUCTION

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

1.2 Selection of Consultants:

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

1.2.2 Eligibility and Minimum Qualification Criteria:

The firm(s) has/have to qualify for the following:

i) Eligibility: Only firms that are registered or incorporated in India are
eligible to compete.

ii) Execution of Single Contract of PMC:‐ The firms should have
completed at least one single contract of project management
consultancy services which must include construction supervision, in
last 7 years, i.e. 2003‐2004 to 2009‐10, of minimum value as indicated
in data sheet. The contract should have been completed within this
period irrespective of date of start.

iii) Turnover: From consultancy services should be as indicated in data
sheet.

iv) Key Personnel: The firm will be required to submit an undertaking at
the time of submission of Proposal that a list of names of immediately
required personnel as indicated in the notification of award fulfilling
the qualifications and experience as prescribed in Form 8A along with
the Curriculum Vitae of each Personnel in Form 8C and summary in
form 8B, as given in section 3, will be provided within a period of 28
days from the issue of Notification of Award. Failure to submit the
same shall entitle the employer to forfeit the proposal security.

Section 9 of 182
The list of balance personnel in full or part whenever subsequently
required will be provided, fulfilling the qualifications as mentioned
above within 15 days of receipt of such request.

The Firm is also required to submit an undertaking at the time of
submission of Proposal that from the list already submitted by them,
and approved by RVNL, required personnel at required time as
requested by RVNL, will be deployed within the period of 45 days
from such request being made. In case of failure of deployment of
such persons, RVNL will be entitled to impose a penalty of Rs 500/‐ or
1.0% of the agreed monthly billing rate of the personnel, whichever is
higher per day per person for each day of delay beyond 45 days.

v) Staffing Schedule: The firm will be required to submit an undertaking
that consultant shall deploy the personnel included in staffing
schedule ( which will be decided as per RVNL's advice)

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

vii) Responsiveness: The firm should have submitted the proposal in
accordance with the guidelines in the instructions to consultants and
it should have required response as per check list given in Datasheet
(continued) Attachment 1, clause 2.1.

viii) The Consultant shall be disqualified if:

a) The Consultant or any of its constituents has been blacklisted/banned
business dealings by any Government Department., Govt. Agency or
Public sector undertaking at any time: except in cases where such
blacklisting/banning has been withdrawn or ceased on the deadline
for submission of the bid, for which satisfactory evidence is produced.

b) Any previous contract of the Consultant or any of its constituents has
been terminated /rescinded for Consultant’s failure by Rail Vikas
Nigam Limited during the period of last 2 years before the deadline for
submission of bids. Provided however, there has been no stay order or
declaration by any court against such termination or rescission of the
contract by the Rail Vikas Nigam Limited.

Section 10 of 182
c) The Consultant or any of its constituents has been imposed by RVNL,
liquidated damages of 5% or more of contract value due to delay in
implementation of any previous contract, unless it has been set aside
by the competent authority.

d) The Consultant or any of its constituents has suffered
bankruptcy/insolvency or it is in the process of winding up or
insolvency pending before any Court on the deadline of submission of
bid.

e) The Consultant or any of its constituents has been declared ‘poor
performer’ of RVNL on the deadline for submission of this bid.

f) The Consultant is determined ineligible by the Employer in the
evaluation of this bid, in accordance with ITC‐1.7 or thereafter.

The consultant shall submit an affidavit stating that they are not liable
to be disqualified as per this sub clause using the appropriate
proforma (Form‐17) given in section 3. If the proposal is not
accompanied with the above affidavit the proposal shall be summarily
rejected.

1.3.1 Familiarization of Site and other details of the Project:
Consultants should familiarize themselves with local conditions and take
them into account in preparing their Proposals. To obtain first‐hand
information on the assignment and local conditions, Consultants are
encouraged to visit the project site.

1.3.2 The Bid Documents floated for the execution of the works of this Project,
related drawings, and RVNL Standard Specifications for Materials and Works
are available in the Office of the Employer at the address specified in Data
Sheet. The Consultants may examine these documents at any time during the
working hours in this Office

1.4 Examination of RFP Documents: In preparing their Proposals, Consultants are
expected to examine in detail the documents comprising the RFP. Material
deficiencies in providing the information requested in the RFP documents
may result in rejection of Proposal.

1.5 Joint Proposal:
1.5.1 Consultants may associate with each other to complement their respective
areas of expertise, or for other reasons. Such an association may be for the
long term (independent of any particular assignment) or for a specific
assignment. The "association" may take the form of a joint venture or of a
sub‐consultancy. Not more than three Consultants may associate as a joint
venture for the purpose of submitting a joint Proposal. The eligibility criteria
Section 11 of 182
requirement will be evaluated across the Joint Venture partners i.e.
arithmetic sum for Joint Venture partners.

1.5.2 To be qualified for award of Contract Consultants shall:
a) Submit a written power of attorney (Form no. 3) authorizing the signatory
of the bid to commit the Consultant and the respective consultant
partners in case of a Joint Venture, and
b) Have qualified the eligibility criteria to undertake the Contract. This will
include capability of a consultant’s technical capacity to mobilize key
equipment and personnel for the contract, consistent with its proposals
regarding work methods, scheduling and materials sourcing, in sufficient
detail and fully in accordance with the requirements stipulated in Terms of
Reference in Section 4 of the ITC.
1.5.3 Proposals submitted by a joint venture of two or more firms as partners shall
comply with the following requirements:
a) The Memorandum of Understanding (MoU) for Joint Venture participation
(Form 6) should accompany the proposal;
b) One of the partners shall be authorized to be in‐charge and called as `Lead
Consultant’; and this authorization shall be evidenced by submitting a
power of attorney signed by legally authorized signatories of all the
partners; ( Form 4 )
c) The partner in charge shall be authorized to incur liabilities, receive
payments and receive instructions for and on behalf of any or all partners
of the joint venture;
d) 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 authorization
mentioned under (b) above as well as in the Bid Form and the Form of
Agreement (in case of a successful bid); and
e) In case a Joint Venture is the successful Bidder, the Joint Venture
Agreement (made out as per the guidelines given in Form 5) should be
entered into, by the Joint Venture Partners. The duly signed Joint Venture
Agreement should be submitted along with the Performance Security to
the Employer after Notification of the Award of Contract within 30 days.
1.5.4 The Financial and Technical credential of the Joint Venture firm shall be
considered for evaluating the proposal, however financial and technical
credentials of the sub‐consultancy/Associates shall not be considered while
evaluating the proposal but the strength of persons proposed to be deployed
for specific assignments shall be considered.
1.5.5 Conflict of Interest: RBV NO.2/2005 issued by the Govt. of India, Ministry of
Railways, Railway Board under letter No.2005/V‐1/CVC/1/1 dated. 18.01.2005
details this aspect.
Section 12 of 182
1.6.1. Employer requires that Consultants provide professional, objective, and
impartial advice and at all times hold the Employer’s interests paramount,
avoid conflicts with other assignments or their own corporate interests, and
act without any consideration for future work. Consultants shall not be
recruited for any assignment that would be in conflict with their prior or
current obligations to other Employers, or that may place them in a position
of not being able to carry out the assignment in the best interest of the
Employer.
1.6.2. Without limitation on the generality of the foregoing paragraph,
Consultants, and any of their associates shall be considered to have a conflict
of interest and shall not be selected under any of the circumstances set forth
below:

(i) If a Consultant combines the function assigned under this contract
with those of contracting of works and/or supply of equipment for the
same project/works; 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 Two and half years (2 ½ years) (subject to
relaxation by RVNL in special cases), that may emerge from this
assignment (including bidding or any part of the future project), 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 this
assignment. The duties of the Consultant depend on the circumstances
of each case. While providing consultancy services to RVNL for this
particular assignment, the consultant shall not take up any assignment
that by its nature will result in conflict with present assignment.

(v) As per Railway Board’s letter No. 2005/V‐1/CVC/1/1 dated 18.01.2005,
a Firm which has been engaged by RVNL to provide Goods or Works for
Project and any of its affiliates, will be disqualified from providing
consulting services for the same project. Conversely, a firm had hired
to provide consulting services for the preparation of implementation of
a project and any of its affiliates will be disqualified from subsequently,
providing goods or works or services related to the initial assignment
for the same project.

Section 13 of 182

1.7 Fraud and Corruption:

1.7.1 The Consultants are required to observe the highest standard of ethics
during the procurement and execution of such contracts. In such pursuance
of this policy, the following shall apply:
(i) For the purposes of this provision, the terms are defined as set forth
below as follows:

(a) “Corrupt practice” means behavior on the part of officials in the
public or private sectors by which they improperly and unlawfully
enrich themselves and/or those close to them, or induce others to do
so, by misusing the position in which they are placed, and it includes
the offering, giving, receiving, or soliciting of anything of value to
influence the action of any such official in the procurement process or
in contract execution; and

(b) “Fraudulent practice” means a misrepresentation of facts in order to
influence a procurement process or the execution of a contract to the
detriment of the borrower, and includes collusive practices among
bidders (prior to or after bid submission) designed to establish bid
prices at artificial, non‐competitive levels and to deprive the borrower
of the benefits of free and open competition.

(ii) Employer will reject a Proposal for award if it determines that the
bidder recommended for award has engaged in corrupt or fraudulent
practices in competing for the contract; and

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

1.8 Only One Proposal:

1.8.1 If a Consultant submits or participates in more than one Proposal, such a
Consultant shall be disqualified. However, this does not limit the participation
of an associate consulting firm, including independent individuals in more
than one Proposal.

Section 14 of 182
1.9 Proposal Validity

1.9.1 The Data Sheet indicates how long the Consultants’ Proposals must remain
valid after the submission date.

1.9.2 The Employer will make its best effort to complete negotiations within this
period. In case of need, the Employer may request Consultants to extend the
validity period of their Proposals. Consultants have the right to refuse to
extend the validity period of their Proposals.

1.10 Participation of Government Employees: The government employees are
not permitted to undertake any assignment without the approval of the
government as per extant Govt. rules’ in addition no close relatives of RVNL
staff should be proposed for participation in the assignment.

2. CLARIFICATIONS AND AMENDMENTS TO RFP DOCUMENTS

2.1 `Pre‐bid Meeting’: A pre‐bid meeting will be held on the date and time
specified in Data Sheet.

2.2 Clarifications: Consultants may request a clarification of any of the RFP
documents up to eighteen (18) days prior to the Proposal submission date
indicated in the Data Sheet. Any request for clarification must be sent in
writing to the address indicated in the Data Sheet. The Employer will respond
in writing and will send written copies of the response, including an
explanation of the query but without identifying the source of inquiry, to all
Consultants who have purchased the RFP documents. Should the Employer
deem it necessary to amend the RFP as a result of a clarification, it shall do so
following the procedure detailed under Sub‐Clause 2.3.

2.3 Addendum: At any time prior to the submission of Proposals, the Employer
may, whether at its own initiative, or in response to a clarification requested
by a firm, amend the RFP by issuing an addendum. The addendum shall be
sent to only those consultants who have paid the Document fees, at any time
prior to the submission date, and will be binding on them. 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 proposal of the firm in one packet only.

3.2 Language: The Proposal, as well as all related correspondence exchanged by
the Consultants and the RVNL, shall be in English. All reports prepared by the
contracted Consultant shall also be in English.
Section 15 of 182

4. THE PROPOSAL

4.1 General: The Proposal should clearly demonstrate the Consultants’
understanding of the requirements of the services, capability and approach
for carrying out the tasks for the project management set forth in the Terms
of Reference (TOR) 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 Letter: The Proposal should include a cover letter i.e. Proposal
Submission Form (Form 1A&1B) signed by person(s) with full authorization to
make legally binding contractual (including financial) commitments on behalf
of the firm. 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.

Documents Comprising Proposal Format

4.3.1 The consultants to submit the proposal compiling all details and information
as under:
S.N. Particulars Remarks
In a separate sealed envelope
1. Technical Proposal superscribed “Technical Proposal” in
accordance with clause 5 of section 2
i) Proposal submission Form Form 1 A
ii) Letter of participation from Form 2
each member of JV
iii) Power of Attorney Format Forms 3 &4

iv) Memorandum of Under‐ Form 6
standing in case of Joint
Venture
v) a) Summary of Credential. Form 6A
b) Consultant’s, his partners in Form 6B
case of JV and Associates
Credentials
vi) a) Consultant’s Experience in Form 7A
multi disciplinary projects.
b) Consultant’s Experience in Form 7B
Relevant Railway projects.
c) Major work done during last Form 7C
5 yrs.
Section 16 of 182
S.N. Particulars Remarks
vii) Role and responsibility of each Form 9
partner in JV.
viii) Firms Financial Data Form 11
ix) Balance Sheets for each Partner For 3 years
x) Form of performance security Form 12
(Bank Guarantee)
xi) Bid Security (Bank Guarantee) Form 13

xii) Proof of payment of RFP In a separate envelope superscribed
document and Proposal “Proposal Security”.
Security.
xiii) Affidavit as per clause 1.2.2 Form 17
(viii) of Section2:
In a separate sealed envelope
2 Financial Proposal superscribed “Financial Proposal” in
accordance with clause 5 of section 2
i) Proposal submission Form Form 1 B
ii) Remuneration : Proposed Form 14
Billing Rates for Experts
iii) Provision and Maintenance of Form 15
Office:
iv) Summary of Cost Estimates Form 16

4.3.2 The proposal must be submitted in hard copy.

4.3.3 Documents related to financial information: The Financial information
requires completion of four forms namely Form 1B, 14, 15 & 16. These are to
be prepared as under:

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

(ii) Forms 14 and 15 shown in Section 3 relate to the costs of consulting
services under two distinct categories, namely: (a) Remuneration; and
(b) Provision & Maintenance of Office.

(iii) Remuneration is divided into billing rate estimates for consultants.

(iv) Form 16 summarizes the proposed cost(s) and the figures provided
therein will be read out aloud at the public opening of Financial
Proposals.

(v) Forms 1 B, 14, 15 and 16 should be typed on the Consultants’ Letter
Heads exactly in the same format of the forms.
Section 17 of 182

(vi) In Form 1A & 1 B, an undertaking is to be given that, in preparation
and submission of the Technical and Financial information,
Consultants have:
• Not taken any action which is or which constitutes a corrupt or
fraudulent practice as defined in the RFP documents; and
• Agreed to allow RVNL, at its option, to inspect and audit all
accounts, documents, and records relating to the Consultant’s
Proposal and to the performance of the ensuing Consultant’s
Contract.

4.3.4 Proposal Prices: The amount stated in Form 16 Section 3, should be matching
with the amount stated in Form 14 and Form 15.

4.3.5 Currency: Consultants have to submit their offer in INR.

4.3.6 Tax Liability: The consultant is liable to pay taxes as applicable. While the
service tax will be reimbursed as applicable to the consultant by the
Employer, all other taxes shall be payable by the Consultant. RVNL shall be
deducting tax to be deducted at source as per Tax laws in India.

4.4 Proposal Content:

The Proposals and qualification details shall be furnished for in accordance
with the formats given in Section 3 and elaborated in clause 4.3 of these ITC
shall ensure the following:

i) Each Partner/Associate must provide the relevant details;

ii) The information shall be concise, relevant and complete;

iii) A work plan in graphical format indicating the major activities
interface requirements and deliverables such as reports required
under TOR.

iv) A flow chart may be included to clearly indicate the involvement of
the various agencies including those of consultants/sub‐
consultant/Associates/Rail Vikas Nigam Limited/Railway
Administration etc. This may be linked to work plan. This is a must.

v) Comments, if any, on the TOR to improve performance in carrying out
the assignment. Innovativeness will be appreciated, including
workable suggestions that could improve the quality/effectiveness of
the Consultant. In this regard, unless the Consultant clearly states
otherwise, it will be assumed by the RVNL that work required to
implement any such improvements, are included in the inputs shown
on the Consultant’s Staffing Schedule.
Section 18 of 182

5. SUBMISSION, RECEIPT AND OPENING OF PROPOSALS

5.1 Submission of Fully Responsive Proposal:

5.1.1. The Consultant shall submit a fully responsive proposal including all the
supporting documents requested in the RFP. Non‐compliance with important
requirements will result in rejection of the proposal. Once the proposals are
received and opened, consultants shall not be required nor permitted to
change the substance, the key staff, quoted fee and so forth except at the
time of negotiations carried out in accordance with the provisions of the RFP.
Proposals must be delivered at the address given in the Data Sheet (Section
2) on or before the time and date stated in the Data Sheet or any new date
established by the RVNL according to provisions of Sub‐Clause 2.2.

5.1.2 The Consultants shall submit the proposals ensuring the following:

(i) The RFP document issued by the Employer in full duly initialed on all
pages by the authorized signatory shall be enclosed and form part of
Proposal marked ORIGINAL.

Note: Forms 1B, 14, 15 and 16 in the RFP document issued by RVNL,
should not be filled as the same are to be submitted in the Financial
Proposal on the consultant’s letter head typed in the exact same
format of the Form as available in the RFP.

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

(iii) All the corrigenda/addenda issued pursuant to clause 2.3 must be
serially enclosed with the Proposal duly initialed on all pages which
forms part of the RFP document.

(iv) Technical and Financial proposals shall be submitted in two separate
sealed envelopes in accordance with clause 5.2.

(v) Proof of having paid the cost of RFP documents and the Proposal
Security shall be enclosed in a separate envelope in the packet of
Technical Proposal.

(vi) The proposal shall be in single copy

(vii) The documents should be serially numbered and an index provided’ at
the beginning of the document.

Section 19 of 182
5.1.3 Proposal (both Technical and Financial Proposals) shall contain no
interlineations or overwriting, except as necessary to correct errors made by
Consultants themselves or to evidence provision of a price discount (which
discount will be applied in the manner specified in Clause 5.6.6.2(ii)). The
person(s) who signed the Proposal must initial any such corrections,
interlineations or overwriting.

5.2 Submission of Proposals:

5.2.1 The Proposal to be sent to the Employer shall be placed in a sealed envelope
clearly marked “PROPOSAL.”

5.2.2 The sealed envelope/packet shall contain two sealed envelopes/packets, viz.,

i) Sealed Envelope/Packet containing Technical proposal
superscribed “TECHNICAL PROPOSAL”. This packet will contain
Form 1A, all other forms (except Forms 1B, 14, 15 & 16) and all
other relevant data specified in this RFP documents. This envelope
or packet should also include an envelope superscribed “Proposal
Security”, containing proof of having paid for the cost of RFP
document fee and Proposal Security.

ii) Sealed Envelope/Packet containing financial proposal
superscribed “FINANCIAL PROPOSAL”. This packet will contain
Form 1B, 14, 15 & 16: These forms should be typed on
Consultants’ letter head in the exact format of the Forms.

All the envelopes must be addressed as below.

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

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

5.3 Deadline for submission of Proposals:

Proposals must be received by the Employer at the address specified in Data
Sheet in accordance with clause 5.2 of these ITC, not later than the time and
date specified in the Data Sheet or extended date in accordance with clause
2.3 of ITC. Proposals received after this deadline will be rejected and
returned to the Consultant unopened.
Section 20 of 182

5.4 Proposal Security:

5.4.1 (a) The proposal security as stated in Data sheet may be furnished in the
form of a Bank Draft drawn on a Scheduled / Nationalized Bank in India in
favour of “Rail Vikas Nigam Limited” payable at New Delhi.
OR
(b) An unconditional Bank Guarantee (valid for a period of 42 days beyond
the validity of the proposal) in the prescribed form given in Section 3,
Form 13, from the banks acceptable to the employer as mentioned
below:

(i) Scheduled Bank in India
(ii) Foreign Bank having their operations in India or
(iii) Foreign bank which do not have operations in India are
required to provide a Counter Guarantee by State Bank of
India.

5.4.2 The Proposal Security of unsuccessful consultants will be returned as
promptly as possible but not later than thirty (30) days after the expiration of
the validity of the proposal prescribed in clause 1.9 of these Ìnstructions to
Consultants’.
5.4.3 The Proposal Security may be forfeited:

a) if a consultant withdraws its proposal during the period of proposal
validity; or

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.
5.5 Modifications and Withdrawal of Proposals:

5.5.1 The Consultant may modify or withdraw its proposal after submission,
provided that the modification, substitution or written notice of withdrawal
of the proposal is received by the Employer prior to the deadline prescribed
for submission of proposals.

5.5.2 The Consultant’s modification or withdrawal notice shall be packaged and
dispatched in accordance with clause 5.2 of these ITC.

5.5.3 No proposal may be withdrawn in the interval between the deadline for
submission of proposals and the expiration of period of proposal validity.
Withdrawal of a proposal during this interval shall result in forfeiture of its
proposal security pursuant to clause 5.4.3 of these ITC.

Section 21 of 182
5.6 Opening of Proposals:

5.6.1 (a) The Employer will open the proposals at the time and place specified
in the ITC Data Sheet. Consultant’s representatives may attend the
opening, and those who are present shall sign a register evidencing
their attendance.

(b) No proposal shall be rejected at the proposal opening stage, except
for late proposals, which shall be returned unopened to the
consultant pursuant to clause 5.3

(c) The envelope containing proposals of modifications or withdrawal of
Consultants will first be opened. In case of withdrawals, the name of
the Consultant and the details of withdrawal will be noted in the
Register. Further opening of sealed envelopes / packets of such a
Consultant will be stopped. The unopened envelopes / packets will be
returned to the Consultant. In case of modifications the name of the
Consultant and the details of modifications will first be noted in the
Register. Subsequently action will be taken as mentioned in the Sub
Para below.
(d) Then the sealed envelope/packet superscribed “TECHNICAL
PROPOSAL” will be opened. The relevant details will be noted in the
Register.

(e) The sealed envelope/packet superscribed “FINANCIAL PROPOSAL” will
NOT be opened.

5.6.2 The Consultants names, proposal of withdrawal or modification and the
presence or absence of (a) Proof of payment of Cost of `Request for
Proposal’s’ Documents and (b) Proposal Security, and such other details as
the Employer may consider appropriate, will be announced at the opening.

5.6.3 The details of withdrawals, proof of payment of cost of RFP, proposal
security, modifications, details contained in the Technical proposals of the
various consultants will be examined by the nominated Tender Committee to
decide on the opening of financial bids of eligible Consultants.

Note: The offers of Consultants who have withdrawn their offers, who have
not given proof of payment of cost for RFP, who have not submitted
proposal security, who do not fulfill the eligibility criteria, whose offers
are not responsive, as decided by the Tender committee will be
rejected; the financial proposal of such Consultant, will not be opened
and will be returned to them subsequently unopened.

5.6.4 The Financial Proposal of the eligible Consultants, as decided by the
nominated Tender Committee, will be opened in presence of Representatives
of eligible Consultants who chose to be present at a specified venue, date
Section 22 of 182
and time. The eligible Consultants will be informed of specified venue, date
and time of opening of their financial proposals earlier.

5.6.5 (i) The financial proposals of the eligible Consultants will be opened
before the Representatives of the eligible Consultants, at the
specified venue, date and time. The representatives of the eligible
Consultants may sign in the register in token of their presence during
the opening of financial proposals.

(ii) The Employer’s Representative will inspect the sealed
envelope/packet containing “FINANCIAL PROPOSALS” of the eligible
consultants to confirm that packets have remained sealed and
unopened.

(iii) The Financial Proposals of consultants will then be opened. The name
of the Consultant along with the relevant details in the financial bid
will be written down in the Register.

(iv) The name of the consultant and details of the relevant portions of the
Financial Proposals as decided by the Employer will be announced.
5.6.6 Review of Financial Information in the proposal

5.6.6.1 Proposals containing financial information will be reviewed to ensure
that –
i) The figures provided therein are consistent with the details of the
corresponding Technical Proposal (e.g. personnel schedule inputs
etc.);

ii) The commercial terms in each of the Technical and Financial
Documents of the proposal will be checked for compliance with the
requirements set forth in the Data Sheet. For instance, the validity
period of the Consultants’ Proposals must accord with the validity
period set down in the Data Sheet.

5.6.6.2 The Evaluated Total Price (ETP) for each Proposal will be determined
as under:

(i) Proposals containing financial information will be checked for
computational errors or material omissions, and prices will be
corrected and adjusted as necessary. In the case of material
omissions, the cost of the relevant Proposal will be increased by
application of the highest unit cost and quantity of the omitted item
as provided in the other submitted Proposals.

Section 23 of 182
(ii) If a discount has been offered in any Proposal, such discount will be
applied pro‐rata i.e., each expert’s remuneration and each Provision
of Temporary office cost item.

6.0 NEGOTIATIONS

6.1 Normally Negotiations are not allowed. However, if required, negotiations
will be held at the address indicated in the Data Sheet. Normally, such
negotiations commence not less than seven days after issuance of the
Employer invitation to attend the negotiations. 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 The technical negotiations cover review of the Consultant’s Technical
Proposal, including the proposed technical approach and methodology, work
plan, staffing schedule, organizational arrangements, and any suggestions
made by the Consultant or Employer to improve the implementation of the
assignment. Negotiations will not result in substantial modifications to either
the Consultant’s Technical Proposal or the TOR.

6.3 The financial negotiations will generally fine‐tune duration of experts’ inputs
and quantity of Provision of temporary office item may be increased or
decreased from the relevant amounts shown or agreed otherwise, in the
Financial Proposal. Unless exceptional circumstances exist, the details of
experts’ remuneration and specified unit rates for Provision of temporary
office will not be subject to negotiations.

6.4 The Employer shall prepare minutes of the negotiations which will be signed
by the Employer and the Consultant.

6.5 If contract negotiations fail for any reason, RVNL will commence negotiations
with the next ranked consultant.

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.

Section 24 of 182
8. Notification of Award

8.1 After completion of negotiations, 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.

8.2 The notification of award will constitute the formation of contract.

8.3 In case the successful consultant is a Joint Venture, the Joint Venture
partners should enter into a Joint Venture agreement duly signed by them.
One copy of this Joint Venture Agreement and the Performance Security
should be submitted to the Employer.

8.4 Upon the successful consultant’s furnishing of the performance security,
pursuant to clause 10 of these ITC, and in case of Joint Venture the Joint
Venture Agreement has been submitted 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.

9 Signing of Contract

9.1 At the same time as the Employer notifies the successful consultant that its
proposal has been accepted, the consultant has furnished the performance
security in accordance with Clause 10 of ITC, and in case of Joint Venture the
Joint Venture Agreement has been submitted, the Employer will send to the
consultant the Form of Contract provided in the Request for Proposals,
incorporating all agreements between the parties.

9.2 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.

10 Performance Security

10.1 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 12 provided in the Request for Proposals Section 3
or another form acceptable to the Employer.

10.2 Failure of the successful consultant to comply with the requirements of ITC
Clause 9 or ITC Clause 10.1 shall constitute sufficient grounds for the
annulment of the award and forfeiture of the proposal security, in which
event the Employer may make the award to the next highest evaluated
consultant or call for new proposals.

Section 25 of 182
11 Contract Commencement Date

11.1 The Data Sheet indicates the anticipated date for the commencement of the
contract services.

11.2 The actual date of commencement shall be within fifteen (15) days of the
notice to proceed is given by the Employer in accordance with the provisions
of the General Conditions of Contract in Section 5 of these ITC.

12. Time of Completion: 18 months and 6 months defect liability period.
Section 26 of 182
Sheet 1 of 2
DATA SHEET – ANNEXURE 1 TO SECTION 2

S N. Clause Item Data
Ref.
1 1.2. Selection of Eligibility and minimum qualification criteria
Consultants. and cost based system
2. 1.2.2 Minimum value of (A) Cost of Project Management Services for
(ii) Single contract Railway related Project equal to Rs 50 lakhs
OR for other than Railway projects Rs. 1.0
Crore.
OR
(B) Cost of construction contract of a
Project, where Consultant has rendered
Project Management Services, for Railway
related project equal to Rs 52.4 Crs. OR for
other than Railway Projects equal Rs 104.8
Crs.
3 1.2.2 (iii) Turnover of the firms The firm, including the JVs, should have
Minimum turnover of Rs. 1.87 Cr. (in last
three years i.e. 2006‐2007, 2007‐08 & 2008‐
09 OR 2007‐08, 2008‐09 & 2009‐10).
4 1.9 Validity of the Proposals 120 days from the date of submission
5 2.2 Representative/Contact Chief Project Manager
person of the Employer Rail Vikas Nigam Limited
and Address: 24, Deshpran Shasmal Road,
Beside Tollygunge Railway Station,
Kolkata ‐ 700033
Phone: 033‐2424‐7330
Fax: 033‐2424‐7332
E‐mail: rvnl.kolkata@gmail.com
6 2.2 Name and Address of Chief Project Manager
the Employer where Rail Vikas Nigam Limited
correspondence 24, Deshpran Shasmal Road,
concerning this Request Beside Tollygunge Railway Station,
for Proposal is to be Kolkata ‐ 700033
sent: Phone: 033‐2424‐7330
Fax: 033‐2424‐7332
7 2.1 Date, Time & Place of On 02.07.2010 at 11:00 Hrs in Rail Vikas
Pre‐bid Meeting Nigam Limited Corporate Office, 1st floor,
August Kranti Bhavan, New Delhi‐ 110066.
8 4.4 (vii) Facilities to be provided Employer will arrange to provide the
by the Employer facilities as indicated in the Data Sheet –
(Attachment 2 of Annexure 1 to Section 2).
9 4.3.4 Provisional sums Nil

Section 27 of 182
S N. Clause Item Data
Ref.
10 4.3.6 Local Taxation Amount payable by Employer to the
consultant under the contract will be
subject to local taxation. Income Tax will be
deducted as Tax Deducted at Source (TDS).
However, service tax as applicable will be
reimbursed.
11 5.1.2(vii) Cost of RFP Documents Rs.5,000.00
12 5.2 Address of Employer Chief Project Manager
where Consultant must Rail Vikas Nigam Limited
submit the proposal in a 24, Deshpran Shasmal Road,
sealed cover containing Beside Tollygunge Railway Station,
the Technical Proposal, Kolkata ‐ 700033
and Financial Proposal Phone: 033‐2424‐7330
to be sent Fax: 033‐2424‐7332
13 5.3 Deadline for submission 11.00 hrs on 19.07.2010
of Proposals
14 5.6 Opening of Proposals 11.30 hrs on 30.07.2010
15 5.4 Proposal Security Rs. 5.17 Lacs
16 Selection Criteria Please refer to Attachment 1 to this Data
Sheet
17 10. Performance Security 10% of the Contract Value
18 11 Expected date for 01/08/2010
commencement of
consulting services
19 12 Expected date of 31/07/2012 (including DLP)
completion of
assignment

Note :‐ (i) In the event of the dates referred to in this document being a holiday, the
next working day shall be the reference date.
(ii) For Clause Ref. 1.2.2(ii) Minimum value of Single contract, the Consultant
should submit actual cost of the project management services completed.
Value of the services for Evaluation purposes shall be updated based on
the rupee value to bring them to the price level of date of submission of
deadline for submission of bids as per the formula given below.
A = B [1+ (5/36500) x N]
Where
A = updated value of the services on dead line for submission of bids.
B = value of work on the date of completion
N = number of days between date of completion and deadline for
submission of bids
The base date for updating purpose shall be considered as the date of
completion certified by the employer.

Section 28 of 182

DATA SHEET

Attachment 1

SELECTION CRITERIA
1. General :
HURDLES

1.1 The evaluation of proposals received shall be carried out by the Tender
Committee (TC) on the basis of responsiveness to the TOR and the criteria
specified below.

1.2 The proposals received by RVNL in response to RFP shall be examined in
Five stages as under:

S. No. Particulars Criteria Remarks
1 Cost of RFP and • Hurdle Checking for submission of
proposal security proof of payment of cost of RFP
and proposal security.
2. Responsiveness • Hurdle Checking for submission of
various documents in
accordance with the guidelines
indicated in the Instructions to
Consultants.
3. Technical • Hurdle. Checking for Consultants:
Soundness (i) Eligibility and
qualification in
accordance with the
specified eligibility
criteria,
(ii) Undertaking to deploy
required personnel as
per required
Qualification and
experience stipulated in
the bidding document.
4. Priced offer Offered Checking the eligible
Prices consultant’s Price Bids.
5. Selection of • Qualifica Evaluation of Bids for final
Consultant tion, selection of Consultant based on
Experience qualifications and financial
and quoted soundness of the Consultant,
cost. and the quoted cost.

2. Selection Criteria:
Section 29 of 182

2.1 The tender committee appointed by Employer will examine the technical
proposals on the basis of their responsiveness to the Terms of Reference as
per required response given in format as below. A proposal will be rejected at
this stage if it does not respond to important aspects to TOR and does not
contain the prescribed desired qualification.

Responsiveness:

Required
S. No. Item Response
1. Has the Consultant Paid the RFP document Cost? Yes
2. Is Proposal Security furnished Yes
3. RFP Bid: Received prior to Deadline Yes
(a) Is the Financial proposal in a sealed envelope Yes
All the pages of proposal are numbered and
(b) Yes
initialed.
(c) Submitted P.O.A.? Yes
(d) In case of JV has the MOU been furnished? Yes
(e) Balance Sheets 3 years Yes
4. Is the Consultant registered in India? Yes
5. Does the firm have specified turnover (in 3 Yes
previous years) of over Rs 1.87 Cr.?
6. Has the Consultant submitted an undertaking to Yes
provide all the key Personnel/field staff of
desired qualifications and integrity?
7. Has the firm submitted sufficient financial data Yes
8. Has the firm submitted sufficient data regarding Yes
experience
a) Experience in PMC of infrastructure No / Yes
projects(other than Railway) duly certified by
concerned Engineer/Employer
Or
b) Experience in Consultancy on railway related Yes / No
Project duly certified by concerned
Engineer/Employer.
9 Does the Consultant participate in more than No
one proposal for this package
10 Has the Consultant any conflict of interest No
11 Is the Consultant involved in any fraud and No
corrupt practices
12 Has the consultant submitted affidavit that he is Yes
not disqualified under clause 1.2.2 (viii) of
Section 2

Section 30 of 182

2.2 Staffing Schedule, Approach and Methodology:

Whether undertaking for Staffing Schedule, approach and Yes
methodology has been submitted by the Consultancy firm ?

2.3 KEY PERSONNEL:

Whether undertaking to provide Key Personnel as stipulated Yes
in the bidding document has been submitted by the
Consultancy Firm?

2.4 Technical & Financial Soundness of the Consultant:

This will be judged by the tender committee based on the various criteria
mentioned in Clause 1.2.2 of ITC of the RFP document.

2.5 Price Proposals of only those consultants will be opened who are found
eligible and meet the minimum qualification criteria prescribed in clause
1.2.2 of ITC of the RFP document and priced proposals of consultants who are
found ineligible as per aforesaid criteria shall be returned unopened.

2.6 The Financial Proposals of eligible and qualified Consultants will be evaluated
as detailed in “Review of Financial Information in the proposal”, Para 5.6.6 of
Section 1 & 2.

2.7 The lowest eligible consultant will be considered for award of contract, after
conducting negotiations, if found necessary.

Section 31 of 182
DATA SHEET
Attachment 2
Chapter – 3
3.0 SITE FACILITIES FOR THE EMPLOYER AND THE ENGINEER

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 SITE OFFICES
3.2.1 Accommodation for the Employer / Engineer shall consist of one site
office to be constructed by the Contractor at a place decided by the
Employer, within Two months from the date of commencement of the
works. In case of delay beyond Two months in provision of the
accommodation either through construction or hire, penalty @ Rs
10000/- Per week or part thereof will be imposed.
3.2.2 The site office should remain open for 24 hours a day and 7 days a
week i.e. round the clock till the defect liability period is over.
3.2.3 Each Site Office will provide for the following rooms: SITE OFFICE
Area required
for Engineer/Employer to be constructed by Contractor
(Sq. m)
Project Director of RVNL 16

Other Officers of RVNL i.e.. Manager & above @10 sqmt each 10
Other Officers of RVNL @5 sqmt each 10
Project Manager of PMC 0
Resident Engineers @ 10 sqmt each 0
Experts @5 sqmt each 15
Office staff of RVNL & PMC@2.0 sqmt each 8
Conference/Visitor Room 25
Computer/Drawing Office 12
Pantry & Kitchen area 6
File and Documents & Instruments Storage 10
Toilets 10
Total “A” 122
Common Area/Verandah @10% of “A” above 12.2
GRAND TOTAL 134
Section 32 of 182
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 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 FURNITURE AND OTHER OFFICE EQUIPMENT

3.3.1 The Contractor shall supply and maintain the following new furniture
and equipment to the Engineer’s offices within two months of the date
of commencement of the works until the defect liability period is over:
Description of Item Nos.

Conference table (4000mm x 1500mm) 1
Conference chairs 8
Glass-fronted lockable bookcase 2
1500mm x 900mm double pedestal desk 1
1200mm x 900mm single pedestal desks 4
Swivel office chair with armrests 6
Swivel office chair without armrests 2
Typist chair 1
Visitors chair 8
4-drawer filing cabinet 2
Plan chest (A 0 size) 1
1500mm x 900mm tables 8
Steel lockable cupboard 6ft high with internal shelves 2
Heavy Duty Paper Shredders 1
Section 33 of 182
Tele-facsimile transmission/reception facility connected to a 1 sets
dedicated line with STD facility
Telephone switchboard connected to 2 external Lines at each 4 phones
office lines
with STD facility, and with independent
Internal communication Facilities with conference facilities.
First aid kits for up to 36 persons 1
Safety helmets 8
Safety harness 10
Day-glow waistcoat 10
Pairs industrial safety goggles 3 pairs
5 L kettles 1
2 L kettles 1
Potable water dispenser with hot/cold Taps 1
Cups and plates 10
Fire extinguisher (As required
confirming to
the
stipulations of
Local
authorities ).
Silent DG set of minimum power of 10 KVA 1
Note: In case of failure to provide the equipments within Two months, penalty @
Rs 5000/- Per week or part thereof will be imposed
3.4 TRANSPORT
3.4.1 General
The Contractor shall provide road transport (for the use of the
Employer and the Engineer within one month from the date of
commencement of the works) and the Payment for the same shall be
covered in relevant schedule of the BOQ
3.4.2 Road Transport

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
Section 34 of 182
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.
(e) A suitable replacement shall be provided by the contractor for

any vehicle out of service for more than 24 hours. If the
contractor at any time fails to provide vehicle(s) or substitute
vehicle(s) as specified, an amount of Rs.1500 per day for
each vehicle (that the Contractor failed to provide) shall be
recovered from the Contractor.
3.4.3 Number of Vehicles

3.4.3.1 The Contractor shall provide the following type of vehicles as per
requirement indicated by the Project Director within one month of the
date of commencement.
Type Numbers
TRAVERA, INOVA or similar 1
TATA SUMO, BOLERO/SCORPIO or 7

similar
3.4.3.2 The vehicle requirement given in para 3.4.3.1 above is the

maximum requirement of the vehicles at a time. However
requirement in a particular period will be intimated by the project
director to the contractor on programme basis at least 7 days
before the actual date of requirement after approval of the
distribution by the Project Director. The Contractor shall withdraw
particular vehicle(s) if the same is not further required by the
Engineer/Employer if so directed by the Project Director. In such
cases the instructions shall be given in writing 7 days in advance.
The requirement during the Defect Liability Period will be quite less
than the maximum requirement mentioned above.
3.4.3.3 Duration of Transport Requirements

Transport for the Engineer / Employer shall be provided so as to
cover the entire completion period(s) and defect liability period(s).
The transport so provided, as per Para 3.4.3, shall continue to be
the property of the Contractor.
Section 35 of 182
3.5 OFFICE MAINTENANCE
3.5.1 The contractor is required to maintain the offices throughout the
contract period and provide the following, but not limited to:
i. Pay all electricity charges.
ii. Reimburse telephone bills for the use of telephone, upto Rs 3000/-
per month for each external landline connection
iii. Pay all water charges.
iv. Carry out necessary repairs to office and equipment as and when
required.
v. Day - to - Day cleaning and maintenance and watch & ward etc
3.5.2 The contractor shall provide within Two months from the Date of
Commencement following personnel in the office as required for
watch and ward of the site office.
Watchmen / Security (3 shifts of 2 men in a shift, till the defect

Liability period is over)
Note: In case of delay beyond Two month, penalty @ Rs 5000/-

Per week or part thereof will be imposed.
3.6 EQUIPMENT FOR USE OF THE ENGINEER.

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
equipment shall be property of the Employer.
(a) Computers- two nos.

Windows XP Professional, Licensed O.S. with minimum specification of Intel
Pentium V, 2.8 GHZ 3MB L2 cache, 2 GB DDR 3 RAM, 250 GB Hard Drive
Disk, DVD Writer, 15” colour TFT monitor, 10/100 LAN Card, Modem Card.
(b) Printers – 2 nos. (A4 size – 1 No. and A3 size – 1 No.
The A4 size printer shall be all in one officejet, having features of Fax,
Scanner and Printer, A3 size printer shall be Colour Officejet with a print
speed of up to 8 pages at 800 dpi or More.
(C) LARGE FORMAT PLOTTER ONE NO HP Model C6084A (3800CP 54

colour Plotter).
(d) Application software

(i) Microsoft office latest release(2008).
(ii) AUTOCAD 3D 2010
(iii) M S Project/ Sure Track.
(iv) PDF Converter/Professional
(e) Colour scanner- 1 no. A3 size.
Section 36 of 182
(f) Xerox Machine- 1 No. for paper prints capable of reduction and copying A3
& A4 size paper with automatic document feeder capability and sorter.(Canon
IR 2020)
(g) UPS system with sufficient power backup (with minimum backup time of
30 minute) to meet the sufficient power load in case of power disruption.
(h) Surge Protection Devices (one for each computer and printer as given
above)
(i) Power supply for the systems is to be AC 240 volts, 50 Hz from normal
building wiring circuit mains, power regulator, stabilizer or transformer should
be supplied by the Contractor for the computer systems such that the
systems can function efficiently.
Note: In case of failure to provide the equipments within one month, penalty @ Rs
5000/- Per week or part thereof will be imposed
3.7 Documentation
(a) A complete set of documentation will be supplied with each System. The
documentation should be self tutorial in nature and be readily
understood by non-computer personnel.
(b)The following manuals will be supplied with the system:

(g) Manual on how to operate the equipment; and
Manual on how to use the facilities and software provided by the supplier. (Including
languages and utilities).

Section 37 of 182

SECTION 3

PROPOSAL FORMS

(Technical & Financial)


FOR

supply of Rails, Thick web Switches and line sleepers) S&T and OHE & General

Section 38 of 182
CONTENTS

FORM NO. Description
Form 1 A Proposal submission Form (along with TECHNICAL PROPOSAL)
Form – 1 B Proposal Submission Form (along with FINANCIAL PROPOSAL)
Form – 2 Pro‐Forma Letter Of Participation From Each Member Of JV/Consortium
Form – 3 Format For Power Of Attorney For Authorised Signatory Of Consortium
Members
Form – 4 Format For Power of Attorney to Lead Member Of Consortium
Form – 5 Draft Format of JV Agreement
Form – 6 Format for MOU
Form – 6 A Summary of credentials
Form – 6 B Credential of Consultant’s, his partner’s in case of JV and Associate Members
MAJOR WORKS EXECUTED DURING LAST SEVEN YEARS
Form – 7A Consultant’s experience in Projects (other than Railways)
Form – 7 B Consultant’s experience in Railway Project
Form – 7 C Major works executed during last seven years that best
illustrates qualifications
Form – 8 A Key Person’s Qualification and Experience
Form – 8 B Summary of information on Proposed experts
Form – 8 C Curriculum Vitae of Key personnel
Form – 9 Role and responsibility of each partner in JV & Associates
Form – 10 Approach & Methodology proposed for performing assignment
Form – 11 Firm’s Financial Data
Form – 12 Form of Performance Security (Bank Guarantee
Form – 13 Form for Proposal Security – Bank Guarantee
Form – 14 Remuneration proposed billing rates for experts/Site Supervision Team
Form – 15 Provision of Temporary Office.
Form – 16 Summary of cost estimates
Form—17 Affidavit by consult stating that they are not liable to be disqualified.

Section 39 of 182
FORM ‐1‐A
PROPOSAL SUBMISSION FORM
(On letter head of the Consortium Leader)

From:
…………………………………
…………………………………
To:

24,Deshpran Shasmal Road,
Kolkata‐700 033.

Dear Sir,

Bengal, India.

Ref: RVNL/Kol/RGA‐TMZ & PKU‐KGP/PMC/2010/1 Dated : 11.06.10.

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

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

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

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

4. I/We …………………..(Name of the Consulting Firm)…… on behalf
of…………….(Names of Joint Venture Firms, if applicable)……… submit herewith
Section 40 of 182
our Proposal for selection of our firm/organization as Project Management
Consultant for the above mentioned Project. The submission comprises,
separately of :

i) Technical proposal &
ii) Financial proposal

5. I/We undertake that:
i. in competing for (and, if the award is made to us, in executing) the
above Contract, we will strictly observe the laws against fraud and
corruption in force in India namely “Prevention of Corruption Act
1988”.

ii. We will submit a complete list of names of the personnel in Form 8B
along with the Curriculum Vitae of each Personnel in Form 8C, as given
in section 3, within a period of 28 days from the issue of Notification of
Award.

iii. We will deploy required personnel (from the list already submitted by
us, and approved by RVNL) within a period of 40 days of issue of
request by RVNL, personnel as requested by RVNL.

iv. We will deploy the personnel as per the RVNL’s advice from the staffing
schedule which will be decided by RVNL.

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

6. We certify that in preparation and submission of Technical and Financial
information, we have not taken any action which is or which constitutes a
corrupt or fraudulent practice as defined in the RFP documents.

7. 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.

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

9. We have not made any tampering or changes in the bidding 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
Section 41 of 182
forfeiture of bid security/the contract will be liable to be terminated along with
forfeiture of Performance Security, even if LOA has been issued.

10. We declare that we are not liable to be disqualified in accordance with ITC
1.2.2 (viii) and for this we have furnished the affidavit.

11. 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 Lead Member
(Seal)

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

Enclosures: As per ITC, except for Forms 1B, 14, 15
& 16

Section 42 of 182
FORM ‐1 B
PROPOSAL SUBMISSION FORM
(On letter head of the Consultant/Consortium Leader)

From:
…………………………
…………………………

To,
Kolkata‐700 033.

Dear Sir,

Bengal, India.

Ref: Ref: RVNL/Kol/RGA‐TMZ & PKU‐KGP/PMC/2010/1 Dated : 11.06.10.

***

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

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

(i) Furnish performance security within 28 (twenty eight) days of issue date
of letter of award.

(ii) Enter into the contract agreement within 28 (twenty eight) days of issue
of draft Contract Agreement papers.

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

Section 43 of 182
4. I/We ………………….. (Name of the Consulting Firm)…… on behalf of
…………….(Names of Joint Venture Firms, if applicable)……… submit herewith
our Proposal for selection of our firm/organization as Project Management
Consultant for the above mentioned Project. The submission comprises,
separately of :

i) Technical proposal &
ii) Financial proposal

5. i) Our attached financial proposal is for the sum of
Rs.________________________(Rupees___________________only).
This amount is inclusive of the local taxes. This amount is exclusive of
Service Tax and the Cesses on the Service Tax, which will be
reimbursable.

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

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

7. I/We undertake that, in competing for (and, 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”.

8. We certify that in preparation and submission of Technical and Financial
information, we have not taken any action which is or which constitutes a
corrupt or fraudulent practice as defined in the RFP documents.

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

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

11. We have not made any tampering or changes in the bidding 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
Section 44 of 182
and forfeiture of bid security/the contract will be liable to be terminated
along with forfeiture of Performance Security, even if LOA has been issued.

12. We declare that we are not liable to be disqualified in accordance with ITC
1.2.2 (viii) and for this we have furnished the affidavit

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,

………………………..

Signature of authorised signatory of Lead Member
(Seal)

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

Enclosures: As per ITC Form .1B, 14, 15 &
16

Section 45 of 182

FORM 2
PRO‐FORMA LETTER OF PARTICIPATION FROM EACH MEMBER OF
JV/CONSORTIUM
(On each Firm's Letter Head)

From:
…………………………
…………………………
…………………………

To
Kolkata‐700 033.

Dear Sir,

Bengal, India.

Ref: RVNL/Kol/RGA‐TMZ & PKU‐KGP/PMC/2010/1 Dated : 11.06.10.

***
(Members who are not the lead member of the group should add the following
paragraph)*.

‘The group is led by (member to insert name of lead member) whom we hereby
authorise to act on our behalf for the purposes of submission of Bid for “Project
Management Consultancy for Construction of Roadbed, Major and Minor Bridges and
Track Linking (Excluding supply of Rails, Thick web Switches and line sleepers) S&T
and OHE & General Electrical Work in Connection with Doubling Between Rajgoda-
Tamluk (Junction Cabin) and S&T works for 3rd Line between Panskura-Kharagpur in
Kharagpur Division of South Eastern Railway in the state of West Bengal, India.” and
authorize him to incur liabilities and receive instructions for and on behalf of any and
all the partners of the Joint Venture or constituents of the consortium.’

We wish to confirm that our company/firm (delete as appropriate) has formed a
Consortium with ………….. (Insert names of all other members of the group) …….. for
the purposes associated with Notice No………..dated……………
(Member(s) being the lead member of the group should add the following
paragraph)*
Section 46 of 182

‘In this group we act as leader and, for the purposes of applying for qualification,
represent the group.’

(Common to all Members)

In the event of our group being awarded the consultancy contract, we agree to
be jointly with ……… (names of other members of our group)……… 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 group.

*I/We, further agree that entire execution of the contract shall be carried out
exclusively through the lead partner.

Yours faithfully,
(Signature) ……………………* Delete as applicable

(Name of Signatory)………………………….
(Capacity of Signatory)……………………..
Seal

Section 47 of 182
FORM 3

FORMAT FOR POWER OF ATTORNEY FOR AUTHORISED SIGNATORY OF
CONSORTIUM MEMBERS

POWER OF ATTORNEY*

(To be executed on non‐judicial stamp paper of the appropriate value in
accordance with relevant stamp Act. The stamp paper to be in the name of the
company who is issuing the power of Attorney)

Know all men by these presents, we ………………………… (Name of member firm of the
consortium with address of the registered office) ……….. do hereby
constitute, appoint and authorize Mr./Ms. …………………………….(name and
residential address …………………….. who is presently employed with us and
holding the position of ……………………………………….. as our attorney, to do in
our name and on our behalf, all such acts, deeds and things necessary in
connection with or incidental to “PROJECT MANAGEMENT CONSULTANCY for
OHE & General Electrical Work in Connection with Doubling Between Rajgoda-
Tamluk (Junction Cabin) and S&T works for 3rd Line between Panskura-
Bengal, India.” including signing and submission of all documents and
providing information/responses to Chief Project Manager, RVNL, Kolkata
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.

Dated this the ……… day of …………. 200....

(Signature of authorised Signatory)

………………………………………
(Signature and Name in Block letters of Signatory)
Seal of Company
Section 48 of 182
Witness

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

*Notes:

♦ To be executed by all the members individually, in case of a Consortium.
The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of
the executant (s) and when it is so required the same should be under common
seal affixed in accordance with the required procedure.
Section 3 Page 49 of 182
FORM 4

FORMAT FOR POWER OF ATTORNEY TO LEAD MEMBER OF CONSORTIUM
(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)

POWER OF ATTORNEY*

Whereas Rail Vikas Nigam Limited has invited proposals from Applicants for
submission of Proposals for “Project Management Consultancy for Construction of
Roadbed, Major and Minor Bridges and Track Linking (Excluding supply of Rails,
Thick web Switches and line sleepers) S&T and OHE & General Electrical Work in
Connection with Doubling Between Rajgoda‐Tamluk (Junction Cabin) and S&T
works for 3rd Line between Panskura‐Kharagpur in Kharagpur Division of South
Eastern Railway in the state of West Bengal, India.”

Whereas, the members of the Joint Venture/Consortium comprising of M/s.
……………, M/s. …………………., M/s. ……………………, and M/s. ……………… (the
respective names and addresses of the registered office to be given) are interested
in submission of proposals for the Project Management consultancy in accordance
with the terms and conditions contained in the RFP documents.

Whereas, it is necessary for the members of the consortium to designate one of
them as the Lead Member, with all necessary power and authority to do, for and
on behalf of the consortium, all acts, deeds and things as may be necessary in
connection with the consortium's bid for the project, as may be necessary in
connection the consortium's bid for the project.

NOW THIS POWER OF ATTORNEY WITNESSETH THAT:

We, M/s. ………………, hereby designate M/s. ………………………………, being one of the
members of the consortium, as the lead member of the consortium, to do on
behalf of the consortium , all or any of the acts, deeds or things necessary or
incidental to the consortium's bid for the project management consultancy,
including submission of application/ proposal, participating in conferences,
responding to queries, submission of information/ documents and generally to
represent the consortium in all its dealings with the Railway or any other
Government Agency or any person, in connection with the Consultancy assignment
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/consortium.

Dated this the ………… Day of ……….. 200..

……………………………………….
(Signature)
………………………………………
(Name in Block letters of Executant)
Seal of Company

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

*Notes:
♦ To be executed by all the members of the consortium except the lead member.

♦ 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 5 (1/3)

DRAFT FORMAT
For
JOINT VENTURE PARTICIPATION
BETWEEN

M/s ……………….. having its registered office at ………………… (herein after referred to
as
…………………) acting as the Lead Partner of the first part,
and
M/s ………………………….having its registered office at ……………. (herein after referred
to
as `……………….’) in the capacity of a Joint Partner of the other part.

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 “Project Management Consultancy for Construction of Roadbed, Major
and Minor Bridges and Track Linking(Excluding supply of Rails, Thick web Switches
and line Sleepers)S&T and OHE and General Electrical Work in Connection with
Doubling Between Rajgoda –Tamluk(Junction Cabin) and S&T work for 3rd Line
between Panskura‐Kharaggpur in Kharagpur Division of South Eastern Railway in
the State of West Bengal,India.”

NOW, THERE FORE, 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 JV 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.

2. The `Parties’ have studied the documents and have agreed to
participate in submitting a `bid’ jointly.

1. 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………….

3. The `Parties’ have resolved that the following distribution of

(a) Responsibilities will be followed in the event of the ‘Joint Venture’
(JV) Bid is accepted by Rail Vikas Nigam Limited. Responsibilities of
Lead Partner:
(b) Responsibilities of Joint Venture Partner

4 JOINT AND SEVERAL RESPONSIBILITY
The Parties undertake that they shall be jointly and severally liable to the
Employer in the discharge of all the obligations and liabilities as per the
contract with the Employer and for the performance of contract awarded to
their JV.

5 ASSIGNMENT AND THIRD PARTIES
The parties shall co‐operate throughout the entire period of this JV
Agreement on the basis of exclusivity and neither of the Parties shall make
arrangement or enter into agreement either directly or indirectly with any
other party or group of parties on matters relating to the Project except
with prior written consent of the other party.

6. 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.

7. GUARANTEES AND BONDS
Till the award of the work, the lead partner shall furnish bid bond and all
other bonds/guarantees to the Employer on behalf of the Joint Venture
which shall be legally binding on all the partners of the Joint Venture.

8 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.

9. 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.

10. 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.

11. DOCUMENTS & CONFIDENTIALITY
Each Party shall maintain in confidence and not use for any purpose related
to the Project all commercial and technical information received or
generated in the course of preparation and submission of the bid.

12. 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.

13. VALIDITY
This Agreement shall remain in force till the occurrence of the earliest to
occur of the following, unless by mutual consent, the Parties agree in
writing to extend the validity for a further period.
a. The bid submitted by the Joint Venture is declared unsuccessful, or

b. Cancellation/ shelving of the Project by the Employer for any reasons
prior to award of work

c. Execution of detailed JV agreement by the parties, setting out
detailed terms after award of work by the Employer.

14. This JV 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 proposal.

15. This JV Agreement shall be construed under the laws of India.

16. NOTICES
Notices shall be given in writing by fax confirmed by registered mail or
commercial courier to the following fax numbers and addresses:

Lead Consultant Other Partner
…………….. …………………
…………………………. …………………
(Name & Address) (Name & Address)

IN WITNESS WHEREOF THE PARTIES, have executed this JV Agreement the day,
month and year first before written.

M/s…………………………….. M/s……………………….
…….…………………………… …………………………..
(Seal) (Seal)

Witness
1 .(Name & Address)

2. (Name & Address)

FORM 6 (1/3)

DRAFT MEMORANDUM OF UNDERSTANDING (MOU1)
For
JOINT VENTURE PARTICIPATION
BETWEEN

M/s ……………….. having its registered office at ………………… (herein after referred to
as
…………………) acting as the Lead Partner of the first part,
and
M/s ………………………….having its registered office at ……………. (herein after referred
to
as `……………….’) in the capacity of a Joint Partner of the other part.

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 “Project Management Consultancy for Construction of Roadbed, Major
and Minor Bridges and Track Linking (Excluding supply of Rails, Thick web Switches
and line sleepers) S&T and OHE & General Electrical Work in Connection with
Doubling Between Rajgoda‐Tamluk (Junction Cabin) and S&T works for 3rd Line
between Panskura‐Kharagpur in Kharagpur Division of South Eastern Railway in the

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 MOU.

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.

2. The `Parties’ have studied the documents and have agreed to
participate in submitting a `bid’ jointly.
1
In case of existing joint venture, the certified copy of JV Agreement be furnished.

2. 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………….

3. The `Parties’ have resolved that the following distribution of

(a) Responsibilities will be followed in the event of the ‘Joint Venture’
(JV) Bid is accepted by Rail Vikas Nigam Limited. Responsibilities of
Lead Partner:
(b) Responsibilities of Joint Venture Partner

4 JOINT AND SEVERAL RESPONSIBILITY
The Parties undertake that they shall be jointly and severally liable to the
Employer in the discharge of all the obligations and liabilities as per the
contract with the Employer and for the performance of contract awarded to
their JV.

5 ASSIGNMENT AND THIRD PARTIES
The parties shall co‐operate throughout the entire period of this MOU on
the basis of exclusivity and neither of the Parties shall make arrangement
or enter into agreement either directly or indirectly with any other party or
group of parties on matters relating to the Project except with prior written
consent of the other party.

6. 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.

7. GUARANTEES AND BONDS
Till the award of the work, the lead partner shall furnish bid bond and all
other bonds/guarantees to the Employer on behalf of the Joint Venture
which shall be legally binding on all the partners of the Joint Venture.

8 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.

9. 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.

10. 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.

11. DOCUMENTS & CONFIDENTIALITY
Each Party shall maintain in confidence and not use for any purpose related
to the Project all commercial and technical information received or
generated in the course of preparation and submission of the bid.

12. 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.

13. VALIDITY
This Agreement shall remain in force till the occurrence of the earliest to
occur of the following, unless by mutual consent, the Parties agree in
writing to extend the validity for a further period.
a. The bid submitted by the Joint Venture is declared unsuccessful, or

b. Cancellation/ shelving of the Project by the Employer for any reasons
prior to award of work

c. Execution of detailed JV agreement by the parties, setting out
detailed terms after award of work by the Employer.

14. 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 …………. and a copy submitted with the proposal.

15. This MOU shall be construed under the laws of India.

16. NOTICES
Notices shall be given in writing by fax confirmed by registered mail or
commercial courier to the following fax numbers and addresses:

Lead Consultant 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
1 (Name & Address)

2. (Name & Address)


Form 6A
BIDDER'S CREDENTIALS

1. The details to be furnished in the tabulated statement as given in Table
below. Please attach an attested photocopy of Certificate of Registration
and ownership as well as of Constitution and legal status of each company.
Summary of Credentials

Members
S.
Item JV JV
No. Lead
Member Member Total
Consultant
1 2
1. Share of Partners

2. No. of years in business

3. No. of PMC projects in any
Category

4. No. of railway related
consultancy assignments.

FORM 6B

Credential of consultant’s, his partner’s in case of JV and associate members

Names of participating
Structure of
S. members of Legal
company's Remarks
No. consortium/partners Status(2)
organization (1)*
of JV
1.
2.
3.
4.

*Notes: (1) Indicate whether Individual/JV/Partnership/consortium/subsidiary or
parent co/others.
(2)
Indicate Proprietary/Pvt. Ltd., /Ltd., etc.

1. Address, telephone, e‐mail address of each members/partners.

Name Registered Office Address for correspondence

(a)………… …………………… ……………………………
(b)………… …………………… ……………………………
(c)………… …………………… …………………………....

2 Name of Lead partner/member: …………………………………………

3. Contact person of Lead Member

Name : …………………………. Address: ……………………………………. Tel:…………………………..
E‐mail: ……………… Fax:………………..

4. Names and Addresses of Bankers to the Joint Venture/Consortium

S.N. Member/Partner of Bankers Name & Address
consortium/JV
1.
2.
3.
4.


5. Name and Address of Associates/Companies/Sub‐contractors and any other
parties proposed to be associated in the Project.

S.N. Name & address of Status Reference of member to
Company (proprietary JV, whom reporting
Public Ltd, Pvt.
Ltd. etc.)

6. Has the Joint Venture agreement enclosed?
Y N
Form 7A

MAJOR WORKS EXECUTED DURING LAST SEVEN YEARS

Please provide information only for the projects for which the Employer as a
corporate entity legally contracted your firm, or where your firm participated as
one of the major companies within a consortium. Only include:
1) Projects
2) Railway relevant projects
Consultant’s Experience in Projects (other than Railways)

Applicant’s Whether
Project share certificate of
S. No. Project Name Role
Value Amo engineer
%
unt attached
A. Lead Consulting Partner
1.
2.
3.
4.
5.
B. JV Member1:
1.
2.
3.
4.
5.
C. JV Member2:
1.
2.
3.
4.
5.

Form 7B

MAJOR WORKS EXECUTED DURING LAST SEVEN YEARS (CONTD.)

Consultant’s Experience in Railway Projects:

Applicant’s Descriptio
Whether
share n of
Project certificate of
S. No. Project Name Relevant
Value Amo engineer
% Experienc
unt attached
e
A. Lead Consulting Partner
1.
2.
3.
4.
5.
B. JV Member1:
1.
2.
3.
4.
5.
C. JV Member2:
1.
2.
3.
4.
5.

FORM 7C

MAJOR WORKS EXECUTED DURING LAST SEVEN YEARS THAT BEST
ILLUSTRATES QUALIFICATIONS

1. Project Name: 2. Country:

3. Project Location within country 4. Name and Address of Employer:
(a) Address
…………………………….
…………………………….
5. Project duration
…………………………….
(a) Start Date (mm/yy)
(b) Contact Person:
(b) Completion Date: (mm/yy)

(c) Telephone numbers & e‐mail address
6. Status of your company: 7. Name of Associated Firm(s), if any:
(a) The only firm, JV, Associate
etc.,
(b) Name(s) of associated firms
with details as Box 4.
8. Approximate value of services: Name of Senior Staff (Project
i) Overall Director/Coordinator/ Team Leader) involved
ii) Applicant’s share (in case of and Functions performed:
JV)

10. Detailed Narrative Description of Project:

(Give details of works that define the scope relevant to the project)
11. Specific Experience:

Note: (Give quantities & detailed
description of actual services provided by
your Company relevant to the Project
components viz.,

______________________________________
Firm’s Name & Signature of authorized signatory (Seal)
Form 8A (1/7)
Key Person’s Qualification and Experience
The key persons’ qualifications and competence shall be as below and in case
there is any deficiency in the qualification/experience/integrity of key
personnel, the same will be treated as disqualified and the person has to be
replaced acceptable to RVNL.
Project Manager
Name: ___________________________
Date of Birth: ______________________

S. Qualification Project Manager
No. Parameters Requirements as per RFP Details
Professional
1. Degree in Electronics Engineering
Qualification
15 years, with at least 5 years as Project In‐

charge/Resident Engineer/Dy Project Manager,
for whole or a specific section of the
Length of infrastructure project for Rail With SSI/PI/RRI of
2.
Experience three stations or having at least 5 years
experience of JA Grade in Engineering department
of Railways or equivalent grade in
RITES/IRCON/RVNL.
Does the personnel
have any history of
involvement in
3
vigilance/CBI/Polic No
e case resulting in
punishment
Note:
1 The proposed person should not be older than 65 years as on deadline for
submission of bids. However in exceptional circumstances Employer
(concerned Executive Director) may permit at his sole discretion, person older
than 65 years but not older than 70 years, after considering his physical and
overall fitness to perform the desired duties.

Form 8A (2/7)
Key Persons’ Qualification and Experience

Resident Engineer/CIVIL
Name____________________________
Date of Birth:______________________
Note:
Qualification Resident Engineer/Civil
S.N.
Parameters Requirements as per RFP Details
Professional
1. Degree in Civil Engineering
Qualification
10 years in Infrastructure Projects, with at least 5
years after graduation in Civil Engineering with
Project Management Consultant of infrastructure
projects of a minimum length of 6 kms
OR
Length of having at least 3 years experience in Senior Scale
2.
Experience Grade in respective Engineering Department of
Railways or equivalent grade in
RITES/IRCON/RVNL. [The experience must include
execution of Civil Engg work on Infrastructure
projects for Rail for at least one year, for Resident
Engineer (Civil)]
Does the personnel
have any history of
involvement in
3 No
vigilance/CBI/Police
case resulting in
punishment
3. The proposed person should not be older than 65 years as on
deadline for submission of bids. However in exceptional
circumstances Employer (concerned Executive Director) may
permit at his sole discretion, person older than 65 years but not
older than 70 years after considering his physical and overall
fitness to perform the desired duties.
4. The Professional Qualification requirement can be relaxed in case
of Ex‐Railway men who has worked in capacity of Sr. Scale or
above in the respective department of Railway and has
experience in similar work.


Form 8A (3/7)

Resident Engineer/S&T
Name____________________________
Date of Birth:______________________
S.N Qualification Resident Engineer/S&T

. Parameters Requirements as per RFP Details
Professional
1. Degree in Electronics Engineering
Qualification
10 years in Infrastructure Projects, with at least 5 years
after graduation in Electronics Engineering with Project
Management Consultant of infrastructure projects of rail
including SSI/PI/RRI.
Length of OR
2.
Experience having at least 3 years experience in Senior Scale Grade in
S&T Department of Railways or equivalent grade in
RITES/IRCON/RVNL. [The experience must include
execution of S&T works on Infrastructure projects for Rail
for at least one year, for Resident Engineer (S&T)]
Does the personnel
have any history of
involvement in
3 No
vigilance/CBI/Police
case resulting in
punishment
Note:
1. The proposed person should not be older than 65 years as on
permit at his sole discretion, person older than 65 years but not
older than 70 years after considering his physical and overall
fitness to perform the desired duties.
2. The Professional Qualification requirement can be relaxed in case
of Ex‐Railway men who has worked in capacity of Sr. Scale or
above in the respective department of Railway and has
experience in similar work.


Form 8A (4/7)

Civil Engineering Expert (CE‐I)
Name: ___________________________
Date of Birth:______________________

Qualification Civil Engg Expert
S.N.
Professional Preferably Degree and at least
1.
Qualification Diploma in Civil Engineering.
Length of 3 years for Degree holder and 7
2.
Experience years for Diploma holder.
Construction of Earth work &
Relevant
3. bridges/buildings in Railway/ Road/
Experience
Irrigation works for at least 2 years.
Does the
personnel have
any history of
4. involvement in No
vigilance/CBI/Polic
e case resulting in
punishment
Note:‐

1:‐ The proposed person should not be older than 50 years as on
circumstances Employer (concerned Executive Director) may permit
at his sole discretion, 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 total number of
experts/supervisors more than 50 years of age should not be more
than 75% 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 experience in similar work.
Form 8A (5/7)

P.Way and Formation Expert
Name: ___________________________
Date of Birth: ______________________

Qualification Bridge Expert
S.No.
Preferably Degree in Civil
Professional
1. Engineering and at least Diploma in
Qualification
Civil Engineering
Length of 3 years for Degree holder and 7
2.
Experience years for Diploma holder
Experience in Construction of
Relevant
3. Railway Lines or Track Renewals for
Experience
at least 2 years
Does the
personnel have
any history of
4 involvement in No
vigilance/CBI/Poli
ce case resulting
in punishment

Note:‐

2. The proposed person should not be older than 50 years as
on deadline for submission of bids. However in exceptional
circumstances Employer (concerned Executive Director)
may permit at his sole discretion, 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 total number of
experts/supervisors more than 50 years of age should not
be more than 75% of the total.

3. 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 experience in similar
work.

Form 8A (6/7)
S&T Expert
Name: _________________
Date of Birth: _____________

S.N Electrical Expert
Qualification Parameters
. Requirements as per RFP Details
Degree/Diploma in
1. Professional Qualification Electronics/Electrical
Engineering,
Minimum 3 years of service in
2. Length of Experience
Gazette scale in signaling field
Experience in construction of
relay based interlocking and
3.. Relevant Experience
colour light signaling for at
least 3 years.
Does the personnel have
any history of
vigilance/CBI/Police case
resulting in punishment

Note:

1. Separate sheet for each signaling and tele communication
expert may be used
permit at his sole discretion, 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 total number of experts/supervisors more
than 50 years of age should not be more than 75% of the
total.

case of Ex‐railway man who has worked in a position of
work.

Form 8A (7/7)
S&T Supervisor
Name: _________________
Date of Birth: _____________

S.N Electrical Expert
Qualification Parameters
. Requirements as per RFP Details
1. Professional Qualification Nil
Should have worked as section
2. Length of Experience Engineer for at least one year
in signaling field
Experience in
construction/Maintenance of
3.. Relevant Experience relay based interlocking and
colour light signaling for at
least 2 years.
Does the personnel have
any history of
vigilance/CBI/Police case
resulting in punishment

Note:

1. Separate sheet for each signaling and tele communication
expert may be used
permit at his sole discretion, 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 total number of experts/supervisors more
than 50 years of age should not be more than 75% of the
total.

case of Ex‐railway man who has worked in a position of
work.

FORM 8B

Name of Project: “Construction of Roadbed, Major and Minor Bridges and Track
Linking (Excluding supply of Rails, Thick web Switches and line sleepers) S&T and
OHE & General Electrical Work in Connection with Doubling Between Rajgoda‐
Tamluk (Junction Cabin) and S&T works for 3rd Line between Panskura‐Kharagpur
in kharagpur Division of South Eastern Railway in the state of West Bengal, India.”

SUMMARY OF INFORMATION ON PROPOSED EXPERTS:

S. Fam Propos Nation Firm Employm Education/ No. of Total CV
N ily ed ality (acrony ent Status Degree years of Experience Signature
Na positio m) with Firm (Year / relevant since (by
me, n for (Full time Institution) project Completion Expert/by
First the regular experie of Education authorise
Na project staff or nce in no. of years d
me other) Signatory)

Signature of Consultant,
Authorized signatory,
Seal
Full Name…………………………
Title…………………………………
Address …………………………...

FORM 8C (1/3)
in kharagpur Division of South Eastern Railway in the state of West Bengal, India.”

CURRICULUM VITAE (CV) FORMAT TO BE SUBMITTED WITH PROPOSAL

1. PROPOSED POSITION :
2. NAME :
3. DATE OF BIRTH :
4. NATIONALITY :
5. PERSONAL ADDRESS :
TELEPHONE NO. :
FAX NO.
E‐MAIL ADDRESS :
6. EDUCATION :
(The years in which various
Qualifications were obtained
must be stated) :
7. OTHER TRAINING :
8. LANGUAGE & DEGREE OF :
PROFICIENCY :
9. MEMBERSHIP IN :
PROFESSIONAL SOCIETIES :
10. COUNTRIES OF WORK
EXPERIENCE :
11. EMPLOYMENT RECORD : Starting with present position, list in
reversed order every employment
held and state the start and end
dates of each employment)
FORM 8C (Contd……2/3)

From To Employer Position Held Description Of Detailed Work
1
Duties Tasks Undertaken
Assigned2 3

Notes:

1 Under column ‘Position held’, 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 this column list tasks one by one and support each task by project experience.

3 In this column list project name, location, year, position held i.e. Team Leader,
Project Manager, Sr. Engineer etc. and exact duties rendered and time spent on
each project.

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 willful mis‐statement
described herein may lead to my disqualification or dismissal, if
engaged.

(ii) I have not left without approval of Competent Authority of RVNL
any of the RVNL works without completing my assignment and shall
be available to work with the consultants if the Consultancy
contract is awarded to the consultant. In case I leave the assignment
without approval of RVNL or is removed by RVNL on account of
some default, RVNL would be at liberty to take appropriate action
against me including debarment for Up to Two Years.

(iii) I am willing to undertake the assignment if the Consultancy contract
is awarded to the firm and ensure my availability for the duration of
the assignment.

FORM 8C (Contd……3/3)

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

(b) I have a history of involvement in Vigilance / CBI / Police
case, which has not yet been finalized.
0r

(c) I had history of involvement in Vigilance / CBI / Police Case,
resulting in imposition of ___ No. of minor penalties.
Or
(d) I had history of involvement in Vigilance / CBI / Police Case,
resulting in imposition of Major penalty.

Note:
Score out Items which is not applicable to you in (a) to (d) above.

SIGNATURE: …………………………..

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

FORM – 9

ROLE & RESPONSIBILITIES OF EACH PARTNER IN JV & ASSOCIATES

S.N. Name Status Scope of works
assigned, their role
and responsibility
A. CONSULTANTS

1. Lead
2. Partner 1
3. Partner 2
B. SUB‐CONSULTANTS

1.
2.
3.

Note for guidance:

i) The Overall scope of work as per work breakdown given in
Approach and Methodology must be covered in totality.

ii) In the last column, state clearly, the details e.g. a) works assigned; b)
Role QC and contractor’s bills certification, variations etc. c)
Responsibility – Quality, Accuracy, Safety.

FORM 10

in Kharagpur Division of South Eastern Railway in the state of West Bengal, India.”

APPROACH & METHODOLOGY PROPOSED FOR PERFORMING THE
ASSIGNMENT

The approach and methodology will be detailed precisely under the
following topics:

1. Understanding of the assignment
2. Work Breakdown structure.
3. Composition of the Team
4. Designated Experts and responsibilities‐ Link item 3
5. Duties and responsibilities of Team Leader and other key personnel.
6. Organizational set up and methodology for supervision and monitoring of
the work of contractor
7. QA System
8. Documentation and procedures to be prepared, adopted and furnished to
Rail Vikas Nigam Limited.
9. Reporting Procedure
*********

Notes: (i) The approach and methodology should be precise and relevant to
the assignment and should not exceed five pages excluding Bar
charts if any.
(ii) The approach and methodology should be submitted by the
successful bidder within 28 days of the notification of award.

FORM 11
Firm’s Financial Data:

JV Partners
S.
Particulars Lead JV JV Total
No.
Consultant Member 1 Member 2
1. Turnover from Consultancy Services
2005‐06
2006‐07
2007‐08
OR
2006‐07
2007‐08
2008‐09
Total Turnover of 3 years

Note:
1. Please provide Balance Sheets/Profit & Loss Accounts in support of
Information given above.
2. Form 11 should be certified by Chartered Accountant.


FORM 12 (1/3)

FORM OF PERFORMANCE SECURITY
(BANK GUARANTEE)

(Refer Clause 14 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. The executing bank
shall be from a Scheduled Bank in India having a networth of more than INR five
hundred crores)

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

To,
24, Deshpran Shasmal Road,
Kolkata‐700 033.

WHEREAS, Rail Vikas Nigam Limited, hereinafter called the “Employer" acting
through the Chief Project Manager, RVNL/Kolkata has awarded the “Project
Management Consultancy for “Construction of Roadbed, Major and Minor Bridges
and Track Linking (Excluding supply of Rails, Thick web Switches and line sleepers)
S&T and OHE & General Electrical Work in Connection with Doubling Between
Rajgoda‐Tamluk (Junction Cabin) and S&T works for 3rd Line between Panskura‐
Bengal, India.”

Vide Letter of Award No. …..dated …….. to M/s ………………(Name of Consultant, if
individual, or the Lead member in case of a Consortium/Joint Venture)
………………….. and *……. (Names of members of the consortium)……, hereinafter
called the Consultant,

AND
WHEREAS the Consultant is required to furnish a `Performance Security' in the
form of Bank guarantee for the sum of Rs. ………………(Rupees ……… amount in
words ……….) which is a condition precedent to the signing of the Contract
Agreement.
FORM 12 (Contd...) (2/3)

AND

WHEREAS ……………. Name of Bank ………… with its branch at ……….. (address)
…………….. , having our head office at ………. (address including name of
country)……… , hereinafter called "the Bank" acting through ……… have at the
request of the Consultant, agreed to give the guarantee as hereinafter contained:

1. KNOW ALL MEN by these presents that we the undersigned ………………
(Name of authorised representative of the Bank) …………. being fully
authorised to sign and incur obligations for and on behalf of …………(Full
Name of the Bank) ……., that the said Bank will guarantee the Rail Vikas
Nigam Limited the full amount in the sum of Rs………………. (…………….
Amount in words …………….) as stated above.

2. After the Consultant has signed the aforementioned Contract Agreement
with the RVNL , the Bank undertakes to immediately pay to Rail Vikas
Nigam Limited, any amount up to and inclusive of aforementioned full
amount upon written order from the Rail Vikas Nigam Limited, without any
demur, reservation or recourse;

3. The Bank shall pay the amount so demanded without any reference to the
Consultant and without the Rail Vikas Nigam Limited being required to
show grounds or give reasons for its demand or the amount demanded.

4. The guarantee hereinbefore shall not be affected by any change in the
constitution of our Bank or in the constitution of the Consultant.

5. We agree that no change, addition to or other modifications to the terms of
the Contract Agreement or to any documents which have or may be made
between Rail Vikas Nigam Limited and the Consultant will in any way
release us from any liability under this guarantee and we waive any
requirement for notice of any such change, addition or modification.

6. This guarantee is valid and effective from its date. This guarantee and our
obligations under it will terminate on the issue of Completion Certificate as
advised to us in writing by Rail Vikas Nigam Limited.
FORM 12 (Contd...) (3/3)

7. We agree that our obligation to pay any demand made by Rail Vikas Nigam
Limited before the termination of this guarantee will continue until the
amount demanded has been paid in full.

…………………………………..

Date………………... (Signature of Authorised person of Bank)

Place:………………
………………………………………………
(Name in Block letters)

……………………………………………….
(Designation)
……………………………………………….
(Address)…………………………………..
………………………………………………
Witness:
1. Signature………………………..

Name & Address & Seal

2. Signature Bank's Seal

Name & address & Seal

Authorization No………………………
FORM 13

FORM OF BID SECURITY (BANK GUARANTEE)

WHEREAS, ______________________________ [Name of Bidder] (hereinafter
called "the Bidder") has submitted his bid dated __________________ [Date] for
the “Proposed Project Management Consultancy for Construction of Roadbed,
Major and Minor Bridges and Track Linking (Excluding supply of Rails, Thick web
Switches and line sleepers) S&T and OHE & General Electrical Work in Connection
with Doubling Between Rajgoda‐Tamluk (Junction Cabin) and S&T works for 3rd
Line between Panskura‐Kharagpur in Kharagpur Division of South Eastern Railway
in the state of West Bengal, India.”.

KNOW ALL MEN by these presents that We __________________ [Name of Bank]
of______________________________ [Name of Country] having our registered
office at _____________________________________ (hereinafter called "the
Bank") are bound unto ________________________ [Name of Employer]
(hereinafter called "the Employer") in the sum of ___________________ for
which payment well and truly to be made to the said Employer the Bank binds
himself, his successors and assigns by these presents.

SEALED with the Common Seal of the said Bank this _________day of ____200 ___.

THE CONDITIONS of this obligation are:

(1) If the Bidder withdraws his Bid during the period of bid validity
specified in the Form of Bid: or

(2) If the Bidder does not accept the correction of arithmetical errors of
his bid price in accordance with the Instructions to Bidders: or

(3) If the Bidder having been notified of the acceptance of his Bid by the
Employer during the period of bid validity:

(a) fails or refuses to execute the Form of Agreement in
accordance with the Instructions to Bidders, if required; or

(b) fails or refuses to furnish the Performance Security, in
accordance with the Instructions to Bidders; or
(c) Fails or refuses to furnish the Domestic Preference Security,
where required.

We undertake to pay to the Employer up to the above amount upon receipt of his
first written demand, without the Employer having to substantiate his demand,
provided that in his demand the Employer will note that the amount claimed by
him is due to him owing to the occurrence of all of one or more of the above
conditions, specifying the occurred condition or conditions.

This Guarantee will remain in force up to and including the date of 162 days after
the deadline for submission of bids as such deadline is stated in the Instructions to
Bidders or as it may be extended by the Employer, notice of which extension{s} to
the Bank is hereby waived. Any demand in respect of this Guarantee should reach
the Bank not later than the above date.

DATE _________________ SIGNATURE OF THE BANK ___________
SEAL OF THE BANK_________________________________________
SIGNATURE OF THE WITNESS__________________________
Name and address of the witness
__________________________________________________________
FORM 14
Remuneration: Proposed Billing Rates for Experts/Site Supervision Team

Estimated
Sl. Expert/Site Supervisors Team Amount
Quantity Unit Rate
No. (By Designation)
(in Rs.) (in Rs.)
A. Key Personnel
1 Project Manager (PM)(S&T ) 24 Person months
2 Resident Engineer (RE/Civil) 24 Person months
3 Resident Engineer (RE/S&T) 24 Person months
4 CE‐I Civil Engineering Expert 36 Person months
Bridge
5 P.Way and Formation Expert 36 Person months
6 S&T Expert 24 Person months
7 S&T Design Assistant 24 Person months
8 S&T Supervisor 48 Person months
(B) Office Staff Team
1 Computer Operator cum 18 Person months
Stenographer
2 Clerk cum Record cum Store 18 Person months
Keeper
3 Accountant 24 Person months
Total

Total amount in words: Rupees. _______________________________only.

Note:

1. The remuneration for person months shall include every one of the
payments, expenditure allowances, overheads & profit, and all Taxes and
Cess thereon including Service Tax. Other reimbursable expenditures as
stipulated in bidding document will be over and above this.

2. Employer reserves the right to reduce the nos. and estimated person months
of key personnel and Office Staff without any claim on either side.

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

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

(c) The approved Design and Drawing mentioned above will require
to be checked for minor changes (e.g. change in foundation
design because of variations of SBC, non‐availability of the
reinforcement, round shown in the drawing etc.). Checking of
Design and Drawings for all temporary works, and checking of
Design and Drawing for Electrical works that can be done at field
level. (E.g. cable layout drawings, modification of Overhead
Power Lines etc.)

(d) If in any bridge or structure for which the earlier scope in general
arrangement drawings has to be completely revised then such
bridge or structure shall require fresh preparation of GAD &
design which shall be got done by Employer.

4. The Chain man/Staff man will be employed always in a set of two persons
and should be employed on weekly basis as and when required and asked
by the Employer. Their qualification and experience should be acceptable
to the Employer.

Authorised Signatory

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

FORM 15


PROVISION & MAINTENANCE OF OFFICE
(Separately for each package)

S.No Item Unit Quantity Unit Rate in INR Amount
in INR
In Figs In
Words

1. Provision of Temporary site office Per week 6 weeks
for Consultant with all required
facilities/Amenities (Equipments as
mentioned in Attachment 2 shall
be provided by the Works
Contractor) including Maintenance
of site office including watch and
ward, house keeping and provision
of potable drinking water.

G. Total

Grand total in words: Rupees _________________________________ only.

Note: (1) Arrangement for site office is to be made by the Consultant for the
supervision of work for the period before the construction contractor
makes available the stipulated site office. Refer to Para 7.6 of Sec. 5.


Name………………………………
Address……………………………
Seal…………………………………
FORM 16


Summary of Cost Estimates

S.N Item Total Cost

1. Remuneration

2. Provision and Maintenance of offices
Total

Note:
(1) Total cost under Remuneration should include every one of
the Payments, expenditure allowances, company overheads
& profit, and all Local Taxes.

(2) Service Tax and Cess thereon, and other reimbursable
expenditures as stipulated in bidding document will be over
and above this.


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


Form 17
FORMAT FOR AFFIDAVIT TO BE SUBMITTED
BY CONSULTANT ALONGWITH THE RFP

(To be executed in presence of Public Notary on non‐judicial stamp paper of the
appropriate value in accordance with relevant stamp Act. The stamp paper has to
be in the name of the Consultant)

I………. (Name and designation)** ……… appointed as the attorney/authorized
signatory of the Consultant (including its constituents), M/s ______
(hereinafter called the consultant) for the purpose of the proposal for the work
of _________________ as per the RFP No.________________of RVNL, do
hereby solemnly affirm and state on behalf of the Consultant including its
constituent’s as under:

1. That the Consultant or any of its constituents has not been
Blacklisted/banned business dealings by any Government Deptt., Govt.
Agency or public sector undertaking, at any time and no such blacklisting is
in force as on the deadline for submission of Proposal;

2. That none of the previous contract of the consultant or any of its
constituents have been terminated/rescinded for Consultant’s failure by
Rail Vikas Nigam Limited during the period of last 2 years before the
deadline for submission of proposal.

3. That liquidated damages of 5% or more of contract value have not been
imposed on the Consultant or any of its constituent by RVNL due to delay in
performance of any contract.

4. That Consultant or any of its constituent is neither Bankrupt/Insolvent nor
is in the process of winding‐up or insolvency before any Court on the
deadline of submission of the Proposal.

5. That the name of the Consultant or its constituents is not on the list of
“poor performer” prepared by RVNL, on the deadline for submission of
proposal.

6. We declare and certify that we have not made any misleading or false
representation in the forms, statements and attachments in proof of the
qualification requirements.

7. We declare that the information and documents submitted along with the
proposal by us are correct and we are fully responsible for the correctness
of the information and documents, submitted by us.

8. We understand that if the contents of the affidavit are found to be false at
any time during proposal evaluation, it will lead to forfeiture of the
proposal security. Further, we _______ and all our constituents are liable to
be blacklisted from award of any future contract for a period of five years
from the date of submission of the proposal.

9. 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 contract, forfeiture of Proposal or Performance Security and Blacklisting,
from any award of future contracts for a period of five years from a date of
submission of proposal.

SEAL AND SIGNATURE OF THE CONSULTANT

Verification:
Verified on _________day of ____________ at ______________ that the
contents of the above mentioned affidavit are true and correct and nothing
material has been concealed. There from.

SEAL AND SIGNATURE OF THE CONSULTANT

* Modify the contents wherever necessary, in terms of sub‐clause
1.2.2(viii) of ITC.

** The Contents in Italics are only for guidance purpose and details as
appropriate, are to be filled in suitably by Consultant).

Attestation before Magistrate/Public Notary.


SECTION – 4

TERMS OF REFERENCE


FOR

EXECUTION OF THE WORKS INVOLVED IN

supply of Rails, Thick web Switches and Line sleepers) S&T and OHE & General
Cabin) and S&T works for 3rd line between Panskura‐Kharagpur in Kharagpur

CONTENTS
S. No. Description Page No.

1 Introduction & Background (93)
2 The Consultants (94)
3 Objective of Consulting Services (94 to 96)
4 Scope of Consultancy Services (96 to 100)
5 Detailed Terms of Reference (100 to 109)
6 Implementation Arrangements (109)
7 Consultant’s Organization & Staffing (109 to 110)
8 Annexure ‐1 (111 to 122)
Safety aspects specified for execution of Works Contract
9 Annexure‐2 (123 to 138)
Scope of Works’ Specified for execution of Works
Contract
10 Anneuxre‐3 (139 to 140)
Qualification Requirement of Personnel.


TERMS OF REFERENCE

for

SERVICES TO BE PROVIDED BY PROJECT MANAGEMENT CONSULTANTS

1. Introduction & Background

1.1 RAIL VIKAS NIGAM LIMITED (RVNL), a Special Purpose Vehicle Company
under the Companies Act, 1956, established by the Ministry of Railways,
Govt. of India. Rail Vikas Nigam Limited (hereinafter referred to as
‘Employer’), invites bids under single stage two packet system for the work
of “Project Management Consultancy for Construction of Roadbed, Major
and Minor Bridges and Track Linking (Excluding supply of Rails, Thick web
Switches and line sleepers) S&T and OHE & General Electrical Work in
Connection with Doubling Between Rajgoda‐Tamluk (Junction Cabin) and
S&T works for 3rd Line between Panskura‐Kharagpur in Kharagpur Division
of South Eastern Railway in the state of West Bengal, India.”.

1.2 The composite bids for the execution of the doubling work for Rajgoda‐
Tamluk Junction Cabin which includes all civil, electrical OHE & general and
S&T works. While electrical works will be supervised departmentally by
RVNL, civil and S&T works will require project management consultancy. In
case of Panskura‐ Kharagpur 3rd Line work is in progress which is being
supervised departmentally at present. However, the S&T portion will be
supervised by the Project Management Consultant under this tender.
Broadly the scope of this consultancy work includes the following–

(a) Earthwork in formation (including blanketing) from Rajgoda to Tamluk
Junction;
(b) Construction of minor/major bridges in above section;
(c) Construction of station buildings, staff quarters and service buildings
excluding general electrical works in section mentioned in (a);
(d) Provision of S&T arrangements at Rajgoda, Tamluk and Junction cabin for
the section mentioned at (a).
(e) Provision of S&T arrangement for all stations and section of Panskura‐
Kharagpur section. The S&T works involves provision of Electronic
Interlocking at Panskura, Haur, Balichak, Shyamchak, Madpur and Jakpur.
The auto signalling work of the section is also included in the scope of work.

1.3 The scope of works described in Annexure 2 will be executed under
Competitive Bidding and tenders for the same have been invited by the
Employer. The project works include Construction of Roadbed, Major and
Minor Bridges and Track Linking (Excluding Supply of Rails and Sleepers),
S&T and OHE & General Electrical Work and other miscellaneous works,
along with testing and commissioning of created Assets and handing over
to South Eastern Railway.

1.4 These Terms of Reference (TOR) define the services required from the
`Consultants’ who are to be engaged to assist M/s RAIL VIKAS NIGAM
LIMITED (RVNL) for Project Management Consultancy for “Construction of
Roadbed, major and minor bridges and Track Linking (Excluding supply of
Rails, Thick web Switches and line sleepers) S&T and OHE & General
Electrical Work in Connection with Doubling Between Rajgoda‐Tamluk
(Junction Cabin) and S&T works for 3rd Line between Panskura‐Kharagpur
in Kharagpur Division of South Eastern Railway in the state of West Bengal,
India.”.

Tenders for execution of works have been invited and opened on
07.05.2010 for doubling of Rajgoda‐Tamluk junction Cabin. In case of
Panskura‐Kharagpur 3rd Line the work is under progress.

2. The Consultants:

2.1 The Consultants shall be a firm registered or incorporated in India (see
clause 1.2.2 & 1.5 of ITC).

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

3.0 Objective of Consulting Services

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

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

3.2 The Consultants shall ensure:

(i) That the Project is implemented up to the last detail for
commencement of commercial operations by the Railway
administration and provide assistance to the Employer up to the
end of `Defect Liability Period’ under the Contract. This may include
coordination with Electrical Inspector of Govt. (E.I.G) and
Commissioner of Railways Safety (CRS) in accordance with rules for
opening of new railway lines.

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

(iii) Compliance of all rules of railways related to the execution of the
project. Special care will be taken in imposing necessary speed
restriction, caution, arranging necessary traffic blocks & OHE blocks,
where necessary etc. in order to ensure safety at all times.

(iv) Accuracy, quality of workmanship safety of the works being carried
out by the contractors.

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

(vi) Completion of work in the prescribed time schedule

(vii) Implementation of environmental mitigation measures ;

(viii) That the Project Management Consultant’s personnel are
experienced in modern methods of contract management and
construction supervision, ensuring professional construction
supervision adhering to quality, target completion dates,
compliance with the drawings, technical specifications and various
requirements of the work’s contract documents including safety;

(ix) That the Project Management Consultant assists the Contractor and
the Employer for the required coordination with the railway
administration and any other agencies, till the assets are handed
over to the railway for operation.

(x) The application of reasonable and consistent design requirements
in, construction, and resolution of contractual claims and disputes.

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

(xii) The works requiring prior CRS sanction shall only be taken after
obtaining CRS sanction.

(xiii) Optimal utilization of resources/contractual provisions with a view
to bring economy in execution.

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

(xv) Timely payments and recovery of advances, various securities and
liabilities including statutory recoveries.

(xvi) Implementation of various Labour Rules, Regulations and welfare
measures as per the rules in force and laid down provisions in the
Agreement.

(xvii) Assessment of material requirements to be supplied by the
Employer and its proper accountal.

(xviii) Preparation of schedule for supply of materials and machinery to be
supplied by the Employer and the Contractor.

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

(xx) Appraising the Employer through progressive reports mentioned in
Para 5.8.

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

4. Scope of Consultancy Services:

4.1 The status and the scope of works to be executed by the contractors under
this Project are given in Annexure 2 of these Terms of Reference.

4.2 The scope of the consulting services includes but is not limited to the
following:

4.2.1 Consultant’s Role: The consultants will nominate a Project Manager to act
as the Engineer’s representative on site. The construction and completion
period for the work’s contract is 18 months and 6 months of Defect Liability
period. 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:

(a) Amending the `Contract for Works’ awarded to the Contractor subject to:

I) That the Engineer can sanction variation in quantity of any
item if this variation in quantity is within 25% of stipulated
quantity in the Agreement provided this variation does not
result in increase of Contract Price in excess of 0.1%and the
cumulative variation does not result in increase of Contract
Price in excess of 2%.

II) Variations resulting in Extension of time or delay on any
account shall require prior permission of Employer.

III) Agreeing or determining a new rate/extra item will require
prior permission of Employer.

IV) Agreeing or accepting Contractor’s claims require prior
permission of the Employer.

V) Agreeing to extension of time requires prior permission of
the Employer:

b) Relieving the Contractor of his duties, responsibilities and
obligations stated in their contract agreements.

c) Exercising authority for items other than those provided in these
terms of reference and stipulated in the consultant’s contract
agreement.

4.2.3 Consultant’s Responsibility:
The Project Management Consultant shall be responsible for the following:

a) Developing Project Management Plan within 30 days from the
Effective Date.

b) Developing systems and procedures to administer the construction
contracts and ensure that the contractual requirements, with
respect to both quality and quantity of work, are respected and the
works are constructed in accordance with the provisions of the
construction contract. The consultant shall finalize these within 45
days of effective date. This includes job related to proper accountal
of the material both supplied by the contractor and the old released
one.

c) Maintaining copies of all reference documents, specifications, and
drawings in a systematic manner in the office of the Project
Manager and provide relevant documents forms and stationery to
site supervision personnel.

d) Nominating an Èngineer’s Representative’ who will be full time
resident on the Project. The consultant shall provide competent
staff in full complement.

e) Making all engineering decisions required for the successful and
timely implementation of the construction contract.

f) The consultant shall arrange to train its Personnel who are deployed
for the Management of the Project, from time to time, as may be
required, for efficient Management.

g) Project Planning, Project coordination, Project interfacing or
linkages.

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, as clarified
in note no 3 of Form 14.

i) Expeditious completion of work to ensure the required time
schedule

j) Supervision of all construction work.

k) Conflict management and Change Management.

l) Making all necessary measurements and certify payments as per
RVNL’s procedure order/F&A No.3 dated 22.11.2005 with latest
amendment, In addition PMC is required to certify provisional
interim payment of the contractor within 2 days after receiving
statement & supporting documents from the contractor, and certify
interim payment certificate after detailed check within 28 days after
receiving statement & supporting documents from the contractor,
and, Project monitoring for the implementation of the project up to
commissioning of the project or the end of the defect liability period
or handing over of the assets thus created to the zonal railway,
whichever is later.

m) One level of checking of various drawings, plans, designs,
documents prepared by construction contractor before submission
to railway for their approval. This will include carrying out required
alterations in the drawings in the process of approval. This also
includes arranging various drawings (prints or tracings, as a case
may be) from railway for reference or for alterations/modification
required for execution of the work. Approval of Railways to various
plans, design, documents etc. shall be arranged by the Consultant.

n) Preparation of CRS applications and the related follow‐up work in
railways and CRS office.

o) Ensuring compliance to all safety requirements while progressing
the work.

p) To propose a viable phase working plan for the work, if situation
warrants.

q) Ensuring consignee inspection, receipt of materials at site,
accountal, issue of materials to works Contractors, (including
materials procured through Supply contractors) and proper storage
by Works Contractor.

r) Making all necessary measurements & certify payments, and,
Project monitoring for the implementation of the Project up to
commissioning of the project or the end of the defect liability
period or handing over the assets thus created to the Zonal
Railway, whichever is later.

s) Testing of complete signaling installation as per the various
provision in the codes, manuals and Railways instructions and
recording of complete testing data and submission same to the
client. The testing includes indoor testing like functional test,
testing of panel with reference to approved locking table, square
sheet, break test of circuits. Outdoor testing includes testing of
points for obstructions, track circuits voltages, signals, axle counter,
block working etc. to ensure safe working. During testing consultant
will liaison with Railway for any correction/modification, if required
in the Railways approved drawing to ensure safety in Train
operation.


4.2.4 Compliance with MOU/agreements:
Compliance with terms of memorandum of understanding (MOU) of Rail
Vikas Nigam Limited with Ministry of Railways and any other
MOU/Agreements with Division/Railway.

4.2.5 Environmental Issues:
Monitoring of environmental mitigation measures.

5. Detailed Terms of Reference:

5.1 ACTIVITIES TO BE TAKEN UP BY CONSULTANT BEFORE
COMMENCMENT OF WORK BY THE MAIN CONTRACTOR:

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

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

b) The detailed programme given by the works Contractor
for implementing the various activities of the project
including stage working, if any, for achieving the
Employer defined mile stone progress during the
execution of project leading to successful completion of
all works under the project including putting the created
assets to use.

c) The men, machinery and material requirement in
advance, so that the project gets implemented without
any hindrances as per the above mentioned programme.

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

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

f) Planning for the various checks and
supervisory/managerial functions to be performed in‐
house for the Project Management Consultancy, and
providing competent, qualified and experienced staff
including support staff to ensure implementation of
various obligations of the works contract.

g) Planning for maintenance of Records to be kept e.g.
checks to be carried for passing of materials/works at
various stages, measurement of works/materials used,
Accountal of materials etc.

h) Planning for submitting various documents required for
works requiring EGI/CRS’s sanction, checking of
Completion drawings, plans, work closed statements
etc.

5.1.2 Review: The Consultant shall

(i) Review the Detailed Project Reports, including the detailed
construction drawings, and the contract for the project work. The
review shall identify any defects or omissions that compromise the
completeness or consistency of the design including checking of
design or affect the viability, accuracy or implementation of the
construction contract.

(ii) Review the adequacy of the contractor’s quality management
system and contractor’s proposed personnel specified in the
construction contract.

(iii) Checking of designs/drawings as to functionality, general layout,
adherence to specifications and provisions of relevant codes,
constructability and construction impacts, maintainability and
aesthetics;

(iv) Approve drawings and specifications for construction including
approval of design changes during progress of work. Drawings not
included in the construction contractor’s scope including those
required for phase working shall be prepared by the consultant.
Further if any plan/drawings/Design (Tracing & prints) maintained
by railway are required for execution of the work same shall be
arranged by the consultant for reference, alteration, modification
etc. He shall arrange approval of various drawings from concerned
railway. The drawings and design work has to be followed till the
submission of as made (i.e. completion) drawings to railways.

(v) Review proposals for S&T disconnections, block working, non‐
interlock working which require “Commissioner of Railways’
Safety’s” (CRS) approval/Electrical Inspector to Government (EIG)
(wherever required), sanction/certification before the proposals are
forwarded to CRS/EIG.

(vi) Review arrangements during non‐interlock working and ensure
smooth progress of work and train operation with the required co‐
ordination with concerned Agencies.

(vii) Liaison between various contractors, designers, such that the
designs for these sub‐systems, that in particular their civil works,
such as ducting, pedestals, cabins, poles and supports will be
integrated properly into the over all 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.

5.2 Quality Assurance: The Consultant shall:

a) Prepare a Quality Assurance Manual, detailing the consultant’s quality
assurance/control procedures, to be submitted within 30 days of
commencement of services.

b) Assist the contractor to evolve a system of Quality Assurance for the
works, including but not limited to, establishing testing frequencies and
acceptance criteria for all materials and construction activities in
accordance with the specifications.

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

d) Inspect and approve all materials received at site proposed to be
incorporated in works;

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

f) Inspect the quality of the works with regard to workmanship,
compliance with the specifications and all necessary testing required
for acceptance of any item of work;

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

h) Maintain records of all testing, including cross referencing to items of
work to which each test refers and the location from which any samples
were obtained for testing.

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

a) Not in accordance with the drawings.

b) Not in accordance with the specifications in terms of either
work methods or materials specifications.

c) Covered prior to inspection for acceptance or after rejection
as unacceptable.

5.3 Project Control:

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

• Progress in accordance with schedules with the objective of taking
remedial measures to ensure project completion date and costs.
• Critical Interface requirements particularly when different
agencies are involved whether under different contracts or within
the same contract for works.
• Cost Control
• Environmental matters
• Quality Control

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

5.3.3 Project Management control to include cost, schedule, quality control,
technical performance and reporting for the entire project, up to the end
of the defect liability period of the contract.

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

5.4 Construction Supervision:

5.4.1 The Consultant shall:

(i) Ensure adequacy, stability and safety of all personnel and
construction works being executed by the contractor during
the construction, operation and maintenance up to the end of
the defect liability period, including ensuring the safety of the
running trains in the vicinity of the project site.

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

(iii) Conduct site visits to review progress in implementation,
including physical progress, environmental mitigation,
contractor performance, and adequacy of contractor’s
supervision.

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

(v) Assist the Employer in co‐ordination with different agencies and
hold meetings for proper and timely implementation of the Project.

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

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

(viii) Assist the Employer in the proper monitoring of progress of the
works through computer aided project management techniques.

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

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

(xvii) Check all hidden measurements through Project Manager/Resident
Engineer which shall be recorded by Experts before covering the
works.

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

(xx) Ensure that the reinforcement provided is as per the approved
drawings tied properly with cover blocks and chairs as required.
xxi) Inspect the works or any part of the works, at substantial
completion and advise the Employer and the contractor of any
outstanding work, including defect, to be completed/remedied
during the defect liability period.
(xxii) Inspect the works at appropriate intervals during the Defect Liability
Period.
(xxiii) Ensure “as‐built/completion” drawings, as true record of the works
as constructed, are documented and kept in a systematic manner by
the contractor.
(xxiv) Prepare an inventory of the completed works, in a format agreed
with the Employer, for use by the maintaining authority.
(xxv) Maintain accountal of various materials and machinery as stated
below.
(xxvi) Maintaining material at site account for (a) all materials to be
issued by the Employer free of cost, (b) all released materials till
they are handed over to the Railway/re‐used.
(xxvii) Maintaining accounts of (a) material brought to the site by the
Contractor for which secured advance has been paid and the use of
such material; (b) other materials brought to the site by the
Contractor for which part payments are arranged and the use of
such material; (c) other materials brought to the site by the
Contractor for which, no payment will be made till they are laid and
use of such material for execution of works.
(xxviii) Maintenance of accounts of machinery made available by the
Employer to the Contractor, either free of cost or otherwise, and
their effective utilization.
(xxix) Submission of monthly statement of material consumed and
material balance available to employer and review the
consumption.
5.5 Conflict and change Management:

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

5.5.2 The procedure for any variations shall be established in the shortest
possible time duly coordinated with the Contractor and the Employer

5.5.3 The Consultant’s functional responsibility is for the form and content of his
work including expeditious settlement of claims, grant of extensions, and
dealing with liquidated damages.

5.6 Measurement and Payment:

5.6.1 The Consultant shall:

i) Take measurements (including plotting of cross sections for
earthwork) and keep measurement records, in measurement books
issued to him by the Employer.
ii) Issue interim certificates for progress payments.
iii) Certify completion of part or all of the works.
iv) Review and ensure continuity of the contractor’s sureties in
approved formats.
v) Prepare quarterly cash flow projections for the Employer in a format
acceptable to the Employer. Cash flows should identify budget
estimates for all outstanding work.
vi) Update cost estimates at quarterly intervals or/on completion of 25
percent, 50 percent, 75 percent and 100 percent of the Project,
whichever takes place early.
vii) Maintain records of all plant, labour and materials used in the
construction of the works.
viii) Check and agree the contractor materials ordering schedule.
ix) Analyze claims submitted by the contractor and prepare a report for
the Employer addressing the contractual basis, in terms of both
technical and financial issues, for the claims and recommendations
for a response to the contractor.
x) Assist the Employer in providing clarifications/explanations to the
observations made from time to time by auditors.
xi) Co‐operate and assist the Central Vigilance Commission and other
organizations as instructed by the Employer in the event that the
construction of the Project is subject to review.
xii) Adhere to RVNL’s procedure order No.2005/RVNL/F&A/Procedures
dated 24.11.05 for measurement and payments, with latest
amendments.
5.6.2 If at any stage, it is detected that the consultant/consultant’s engineer/
expert etc. have/has indulged/done any wrong measurements or accepted
sub‐standard work, resulting into over‐payment to the contractor, the
recovery of such excess amount shall be made from the works contractor
and in case the consultant fails to recover the same from next running bill,
the same shall be recovered from the consultant and if it is detected that
any such act has been committed willfully, legal action will be taken against
the consultant including termination of the consultancy contract.

5.7 Project Completion:

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

5.7.2 Consultant shall be responsible to obtain all records of completion drawings
and completion documents from the contractor and prepare completion
estimates in accordance with provisions of Indian Railways Engineering
Code. This shall be submitted within six months of issue of taking over
certificate.

5.8 Reports:

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

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

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

(iii) Systems and Procedures: Within 45 days of Effective Date of services
along with necessary proformas, 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 month. This report should include details on progress of
checking of designs/drawings/approval of drawings and supervisory
staff by the Contractor and progress of construction work with
reference to the targets.

The report should also include:‐

(a) List of approval sought and given.

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

(c) Unresolved claims their genesis, justifications and recommendations
on the same.

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

iv) A detailed Contract Completion Report with completion documents
within 6 (six) months of completion and date of commissioning.

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

6. Implementation Arrangements:

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

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

6.3 The Employer will provide a Project coordinators with necessary support
staff who will function as Employer’s/Employer’s representatives.

7. Consultant’s Organization & Staffing

7. Consultant’s Organization & Staffing

7.1 Organization:

7.1.1 The Employer’s require the projects to be managed in three tiers as given
below:
• Project Manager
• Experts (Discipline wise)
• Office Staff

7.1.2 The following positions for key persons are suggested.

Sl.
Expert/Site Supervisors Team (By Designation)
No.
A. Key Personnel
1 Project Manager (PM) S&T(1x24)
2 Resident Engineer (RE/Civil)(1x24)
3 Resident Engineer (RE/S&T)(1x24)
4 CE‐I Civil Engg. Expert Br.(2x18)
5 P.Way and Formation Expert(2x18)
Sl.
Expert/Site Supervisors Team (By Designation)
No.
6 S&T Expert (1x24)
7 S&T Design Assistant(1x24)
8 S&T Supervisor(2x24)
1 Computer Operator cum Stenographer (1x18)
2 Clerk cum Record cum store keeper (1x18)
3 Accountant (1x24)

7.2 Estimate of Person‐months of Personnel:

7.2.1 The estimated person‐months of personnel separately for each package are
given below:

Sl. Expert/Site Supervisors Team (By
Quantity Unit
No. Designation)
A. Key Personnel
1 Project Manager (PM) S&T(1x24) 24 Person months
2 Resident Engineer (RE/Civil)(1x24) 24 Person months
3 Resident Engineer (RE/S&T)(1x24) 24 Person months
4 CE‐I Civil Engineer expert(Bridge) 36 Person months
(2x18)
5 P.Way and Formation Expert (2x18) 36 Person months
6 S&T Expert (1x24) 24 Person months
7 S&T Design Assistant(1x24) 24 Person months
8 S&T Supervisor(2x24) 48 Person months
1 Computer Operator cum 18 Person months
Stenographer (1x18)
2 Clerk cum Record cum Store 18 Person months
Keepers (1x18)
3 Accountant(1x24) 24 Person months

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

2. Employer reserves the right to reduce the nos. and estimated
person months of key personnel and Office Staff without any
claim on either side.

7.2.2 Consultants while submitting the proposals must indicate the details of
qualifications, experience of the persons proposed to be deployed and along with
his proposed designation.
Annexure 1 (Section 4)
Safety aspects specified for execution of Works Contract for which
presently
Project Management Consultancy Services
Is called for

Employer’s requirement regarding Safety aspects are stipulated in the enclosed Bid
Documents for the work of for “Project Management Consultancy for Construction
of Roadbed, Major and Minor Bridges and Track Linking (Excluding supply of Rails,
Thick web Switches and line sleepers) S&T and OHE & General Electrical Work in
Eastern Railway in the state of West Bengal, India.”.

Under Section 4 and its Corrigendum, which may be referred to.

AS SOME OF THE WORKS IN CONNECTION WITH THE NEW LINE HAVE TO
BE EXECUTED CLOSE TO RUNNING LINES, SAFETY IS PARAMOUNT.
SPECIFIC PROVISIONS MADE IN THE BID DOCUMENT FOR THE EXECUTION
OF WORK REGARDING SAFETY AND SECURITY ARE REPRODUCED BELOW
FOR READY REFERENCE.
1. Safety and Security

1.1 The works included in this contract are to be carried out close to the
running tracks and public utilities, therefore, safety of running trains and
the public is paramount. Therefore, all activities undertaken by the
Contractor/his Sub‐contractors shall ensure safety at all times. The
contractor shall comply with the instructions issued by the Railway/
Engineer/Employer from time to time to ensure safe running of trains while
carrying out works. The rates quoted by the Contractor shall be deemed to
include all expenditure incurred in compliance with the same.

1.2 Before starting any excavation work, the Contractor shall comply with the
instructions issued in the joint procedure order issued by Railway which is
reproduced below:

“JOINT PROCEDURE ORDER FOR UNDERTAKING DIGGING WORK IN THE
VICINITY OF UNDERGROUND SIGNALING, ELECTRICAL AND
TELECOMMUNICATION CABLES”.
A A number of Engineering works in connection with gauge
conversion/doubling/third line are in progress on various railways,
which require extensive digging work near the running track, in
close vicinity of the working S&T cables carrying vital safety
circuits as well as electrical cables feeding the power supply to
Cabins. ASM room, RRI Cabin, Intermediate Block Huts (IBH) etc.
Similarly, S&T organization under open line or construction units
under CAO/C are executing various Signaling and
telecommunication works requiring digging of earth for laying of
cables or casting of foundations for the erection of signal posts
etc. Rail Tel are also executing the work of laying of quad cable
and OFC on various Railways as a part of sanctioned works for
exclusive use of Railways for carrying voice and data i.e.
administrative and control communication, PRS, FOIS etc. or
shared by Rail Tel Corporation of India Ltd. On certain sections
digging is also required for laying of electrical cable and casting of
foundation for the erection of OHE masts by Electrical Deptt.
Generally, these works are executed by contractors employed by
these organizations.

B. However, while carrying out these works in the vicinity of working
signaling, telecommunication and electrical cables, at times,
cable cuts take place due to JCB machines working along the
track or during the digging work being done by Contractors
carrying out the Civil Engineering Works. Similarly, such cable
cuts are also resulting due to works undertaken by S&T or
Electrical deptts. Such Cable faults results in the failure of vital
signaling and telecommunication circuits.

C. Henceforth, the following joint procedure shall be followed by
Engineering, Electrical and S&T (and Rail Tel organization,
wherever such works are being done by them). Officers of the
respective divisions and by the Construction Organization, while
carrying out any digging work near to existing signaling &
telecommunication and electrical cables, so that the instances of
cable cut due to execution of works can be controlled and
minimized.

1. S&T Department (and Rai lTel, where they have laid the cables) &
Electrical Deptts shall provide a detailed cable route plan showing
exact location of cable at an interval of 200m or wherever there is
change in alignment so that the same is located easily by the
Engineering official/contractor. This cable route plans shall be
made available to the DSE/DEN or Dy .CE/C as the case may be by
Sr. DSTE/DSTE or Sr. DEE/DEE of the divisions or Dy .CSTE/C or Dy.
CEE/C within a reasonable time in duplicate. DSE/DEN or Dy. CE/C
will send copies to their field unit i.e. AEN/SE/P.Way & works.

2. Before taking up any digging activity on a particular work by any
agency, Sr. DSTE/DSTE or Sr .DEE/DEE of the section shall be
approached in writing by the concerned Engg. or S&T or Electrical
officer for permitting to undertake the work. After ensuring that
the concerned executing agencies, including the contractor have
fully understood the S&T and Electrical cable route plan shall
permit the work in writing.

3. After getting the permission from S&T or Electrical Deptt. as the
case may be, the relevant portion of the cable route plan shall be
attached to the letter through which permission is issued to the
contractor by concerned Engg. Official for commencement or
work and ensuring
that the contractors have fully understood the cable route plan
and precautions to be taken to prevent damage to the
underground cables. The contractor shall be asked to study the
cable plan and follow it meticulously to ensure that the Safety of
the cable is not endangered. Such a provision, including any
penalty for default, should form part of agreement also. It is
advisable that a suitable post of SE (Sig) or SE (Tele) or SE (Elect.)
shall be created chargeable to the estimates of doubling / Gauge
conversion, who can help engg. agencies in the execution of the
work. However basic responsibility will be of the Department
executing the work and the Contractor.

4. The SE (P.Way) or SE (Works) shall pass on the information to the
concerned SE (Sig) SE (Tele) or SE (Elect.) about the works being
taken up by the contractors in their sections at least 3 days in
advance of the day of the work. In addition Engineering control shall
also be informed by SE (P.Way) or SE (Works), which in turn shall
pass on the information to the Test Room/Network Operation Centre
of Rail Tel/TPC/Electrical Control.

5. On receiving the above information, SE (Sig) or SE (Tele) or SE (Elect.)
shall visit the site on or before the date of taking up the work and
issue permission to the contractor to commence the work after
checking that adequate precautions have been taken to avoid the
damage to the cables. The permission shall be granted within 3 days
of submission of such requests.

6. The name of the contractor, his contact telephone number, the
nature of the work shall be notified in the Engineering Control as
soon as the concerned Engg. official issued the letter authorizing
commencement of work to the contractor. Test Room be given a
copy and Test Room shall collect any further details from the
Engineering Control and shall pass it on to S&T/Rail Tel & Elect.
Officials regularly.

7. In case of works being taken up by the State Government, National
Highway Authority etc., the details of the permission given i.e. the
nature the work, kilometer etc. be given to the Engineering Control
including the contact person’s number so that the work can be done
in a planned manner. The permission letter shall indicate the
contact numbers of Test Room/Network Operations Centre of Rail
Tel/TPC/Elect. Control.

8. Where the nature of the work taken by the Engineering department
is such that the OFC or other S&T cables or Electrical cables is to be
shifted and relacoted, notice of minimum one week shall be given so
that the Division/Rail Tel/Construction can plan the works properly
for shifting. Such shifting works shall, in addition, for security and
integrity of the cables, be supervised by S&T supervisors/Rail Tel
supervisors/Electrical Supervisors.

9. The concerned SE (P.Way) / SE (Works) / SE (Sig.) / SE (Tele) / SE
(Elect.) or Rail Tel supervisors, supervising the work of the contractor
shall ensure that the existing emergency sockets are not damaged in
view of their importance in providing communication during
accident / emergency.

10. In case of minor nature of works where shifting of cable is not
required in order to prevent damage to the cable, the Engineering
Contractor shall take out the S&T or optical fibre cable or Electrical
cable carefully from the trench and place it properly along side at a
safe location before starting the earthwork under the supervision of
SE (Sig) or SE (Tele) or SE (Electrical) The cable shall be reburied
soon after completion of excavation with proper care including
placement of the brick over the cable by the concerned S&T
supervisors or Electrical Supervisors. However, the work will be
charged to the concerned engineering works.

11. In all the sections where major project are to be taken up/going on
RailTel/S&T Deptt. shall deploy their official to take preventive /
corrective action at site of work.

12. No new OFC/Quad cable shall be laid close to existing track. It shall
be laid close to Railway boundary as per extant instructions i.e. 1.0m
from the Railway boundary to the extent possible to avoid any
interference with future works (doubling etc.). It shall be ensured in
the new works of cable laying that the cable route is properly
identified with electronic or Concrete markers. Henceforth,
wherever cable laying is planned and before undertaking the laying
work, the cable route plan of the same shall be got approved from
the concerned Sr. DEN or Dy. CE/Constn. to avoid possible damages
in future. Such approvals shall be granted within 7 days of
submission of the requests.

13. The works of excavating the trench and laying of the cable should
proceed in quick succession, leaving a minimum time between the
two activities.

14. Any damage caused to OFC/Quad cable or Electrical cable during
execution of the work, necessary debit shall be raised
on Engineering Department who shall bear the cost of the corrective
action.

15. All types of bonds i.e. rail bond, cross bond and structure bond shall
be restored by the Contractor with a view to keep the rail voltage
low to ensure safety of personnel.

16. Above joint circular shall be applicable for construction as well as
open line organization of Engineering, S&T & Electrical.

17. The S&T cable and Electrical cable route plan should be got
approved from the concerned Sr. DSTE / DSTE & Sr. DEE / DEE
respectively, before undertaking the work and completion cable
route plan should be finalized Block section by Block section as soon
as the work is completed.

Sd/‐ Sd/‐ Sd/‐ Sd/‐
(R.S. Grover) (N.K. Goel) (R.C. Sharma) (R. Sundarajan)
AM (Elect.) Adv. (Sig) AM (Tele) AM (Works)”

1.3. Working near running line

1.3.1 The contractor shall not allow any road vehicle belonging to him or
his suppliers etc. to ply in railway land next to the running line. If for
execution of certain works viz earth work for parallel railway line
and supply of ballast for new or existing rail line, gauge conversion
etc, road vehicles are necessary to be used in railway land next to
the railway line, the contractor shall apply to the Engineer for
permission giving the type & no. of individual vehicles, names &
license particulars of the drivers, location, duration & timings for
such work/movement. The Railways/Employer/Engineer or his
authorized representative will personally counsel, examine &
certify, the road vehicle drivers, contractor’s flag men & supervisor
and will give written permission giving names of road vehicle
drivers, contractor’s flag men and supervisor to be deployed on the
work, location, period and timing of the work. This permission will
be subject to the following obligatory conditions:

1.3.2 Road vehicles can ply along the track after suitable cordoning of
track with minimum distance of 6 metres from the centre of the
nearest track. For working of machinery close to the running tracks
or plying of road vehicles during night hours, the contractor shall
apply to the Engineer in writing for permission, duly indicating the
site details in a neat sketch and safety measures proposed to be
taken. Subject to the approval of concerned Railway authorities, the
Engineer or his authorised representative will communicate
permission to the contractor/contractor’s representative. The
contractor and his men shall strictly adhere to the instructions given
along with such permissions.

1.3.3 Nominated vehicles and drivers shall be utilized for work in the
presence of at least one flag man and one supervisor certified for
such work. In order to monitor the activities during night hours,
additional staff may have to be posted based on the need of the
individual site.

1.3.4 The Contractor’ machinery, equipment and vehicles shall normally
operate 6 m clear of track. Any movement / work at less than 6m
and upto a minimum of 3.5m clear of track centre, shall be carried
out only in the presence of a person (including any railway
employee) authorized by the Engineer. No part of the road vehicle
shall be allowed at less than 3.5m from track centre. Cost of such
railway employee shall be borne by the Employer.

1.3.5 The Contractor’s machinery and equipment like Cranes, Flash Butt
Welders, Ballasting machinery, Compactors, Track Laying Systems
etc., are required to operate close to the existing line carrying
traffic. Contractor is fully responsible for operating these machinery
without endangering the safety of the running line and traffic.

1.3.6 Safety Fencing:

A. Before commencing any work close to the running track, the Contractor
shall provide safety fencing and obtain the specific permission of Engineer
to commence the work in that stretch.

B. The fencing shall be for a height of 1.5 metres with wooden/Casurina bulli
posts of length 2.1 m at 3 m centre to centre spacing as per relevant BOQ
item.

C. The Contractor shall maintain the safety fencing in good working condition
through out the period till the work in a given stretch is completed. He can
remove the fencing after getting the approval of Engineer. The fencing
material will be the property of the Contractor. Serviceable materials
obtained from the released fencing can be re‐used for providing fencing in
subsequent stretches.

D. The Contractor will be paid for providing safety fencing along the track as
per the relevant item in the BOQ.

E. The payment under the relevant item in BOQ will be made only once for
work in any stretch, irrespective of the number times such safety fencing is
erected and dismantled in that stretch”.

1.4. The contractor’s special attention is drawn to Para 826 of Indian
Railways Permanent Way Manual (IRPWM) introduced under
Advance Correction Slip no. 69 dated 23.05.2001, Correction Slip
No.95 dated 30.06.04 and further amendments from time to time,
if any, made in IRPWM through Advance Correction Slips, which
should invariably be complied with.

AND

Supplementary site specific instructions, wherever considered
necessary, shall be issued by the Engineer.

COMPETENCY CERTIFICATE

Certified that Shri_______________________ P.Way supervisor of
M/S___________________________________________has been
examined regarding P.Way working on______________________
work. His knowledge has been found satisfactory and he is
capable of supervising the work safely.

“ASSISTANT ENGINEER”

1.5. The work of formation in banks and cuttings through out the length
of doubling is adjacent to track under running traffic. Many of the
bridges on the proposed double line are to be constructed either as
extensions or just adjacent to the existing bridges under running
traffic. The work of Installation of Track through out the length of
doubling is adjacent to track under running traffic. The work of
Installation of Track and Signals in the Station yards including
alterations to the existing Track and Signals has to be done adjacent
to or in replacement of the existing Track and Signals which are
under running traffic. The contractor shall ensure that the safety of
the running lines and running traffic is not endangered, because of
his work.

1.6. Any traffic/traction blocks, temporary speed restrictions and caution
orders required in this connection shall also be got sanctioned from
the Railway authorities well in advance, through the Engineer. The
Railways may sanction the same for specific sites within the overall
recovery time available in the Railway’s time table. The contractor
shall have to schedule his programme according to the convenience
of the Railways. No claim from the contractor for any
delay/inconvenience/loss on this account shall be entertained by
the Employer.

1.7. The contractor shall provide at site at his own cost, all protection
measures including exhibition and lighting of all Temporary
Engineering Signals as per Railway rules, instructions and norms. All
lights provided by the contractor shall be screened so as not to
interfere with any signal light on the Railways or with any traffic or
signal lights of any local or other authority.
1.8. Ancillary and Temporary works

(a) The Contractor’s proposals for erection of all ancillary and
temporary works shall be in conformity with the proposals
submitted along with the tender and modifications thereto as
approved by the Engineer.

(b) The Contractor shall submit drawings, supporting design
calculations where called for by the Engineer and other
relevant details of all such works to the Engineer for approval
at least one month before he desires to commence such
works. Approval by the Engineer of any such proposal shall not
relieve the contractor of his responsibility for the sufficiency of
such works.

(c) The contractor shall, at his own cost, design and provide any
temporary arrangements including relieving/service girders
required in connection with the above said works and remove
the same, when no longer required. These arrangements shall
conform to Railway norms. The contractor shall obtain all
necessary approvals and sanctions of the concerned Railway
authorities including Commissioner of Railway Safety through
the Engineer in advance and well in time

(d) The contractor shall ensure and be entirely responsible for
proper design, fabrication, provision and upkeep of all
temporary arrangements and all associated activities so as not
to endanger safety of any assets, running track, traffic and
travelling public and for following all extent instructions,
norms, practice and procedures laid down by Railway
authorities in this respect, which may be ascertained from the
Railways through the Engineer.

(e) If required, Railways may, in order to ensure the safety of the
running track, post at site Regular Railway staff to watch the
efficacy and safety of temporary arrangements and protection
measures round the clock for the period the same exist in the
running line and till the running line is restored back to normal.
Railways may also supervise the insertion, maintenance and
removal of the temporary arrangements. The cost of such staff
shall be borne by the Employer.

(f) Notwithstanding the above, the contractor shall not, however,
be relieved of his responsibility and obligation as aforesaid.

(g) Save as provided in para 7 (e) above, the contractor shall bear
the cost of complying with all safety requirements. No extra
payment will be made for complying with the safety provisions
under this chapter and the cost of all such elements to meet
the safety requirements shall be deemed to be included in the
Bill of Quantities.

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

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

1.11 Indemnity by Contractor

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

1.12. Damage to Railway Property or Life or Private Property The contractor
shall be responsible for all risks to the works and for the trespass and
shall make good at his own expense all loss or damage whether to the
works themselves or to any other property of the Railway or the lives
of persons or property of others from whatsoever cause in connection
with the works until they are taken over by the Employer and this
although all reasonable and proper precautions may have been taken
by the Contractor, and in case the Railway/Employer/Engineer shall
be called upon to make good any costs, loss or damages, or to pay any
compensation, including that payable under the provisions of
Workmen’s compensation act or any statutory amendments thereof
to any person or persons sustaining damages as aforesaid, by reason
of any act, or any negligence or any omissions on the part of the
contractor, the amount of any costs or charges including costs and
charges in connection with legal proceedings, which the
Railway/Employer/Engineer may incur in reference thereto, shall be
charged to the contractor. The Railway/Employer/Engineer shall have
the power and right to pay or to defend or compromise any claim of
threatened legal proceedings or in anticipation of legal proceedings
being instituted consequent on the action or default of the
contractor, to take such steps as may be considered necessary or
desirable to ward off or mitigate the effect of such proceedings,
charging to Contractor, as aforesaid, any sum or sums of money which
may be paid and any expenses whether for reinstatement or
otherwise which may be incurred and the propriety of any such
payment, defence or compromise, and the incurring of any such
expense shall not be called in question by the Contractor.

1.13. Safety of Public

a) The Contractor shall be responsible to take all precautions to ensure
the safety of the Public whether on Public or Railway property and
shall post such look out men as may in the opinion of the Engineer
be required to comply with regulations pertaining to the work.

(b) The Contractor shall provide effective barricading using G.I.
corrugated sheets around foundation pits, trenches, erection sites,
demolition sites etc., to prevent accidents and injuries to the public.
He shall erect barricading duly leaving safe passage for the
movement of the public as per the directions of Engineer.

(c) No payment will be made for providing such barricading and the
rates quoted by the Contractor shall be inclusive of such safety
measures.

1.14. Reporting of Accidents
The Contractor shall report to the Engineer details of any accidents
as soon as possible after its occurrence. In the case of any fatality or
serious accident, the Contractor shall, in addition, notify the
Engineer and the Employer immediately by the quickest available
means.

1.15 Life‐saving Appliances and First‐aid Equipment:

The Contractor shall provide and maintain upon the Works
sufficient, proper and efficient life‐saving appliances and first‐aid
equipment to the approval of the Engineer and in accordance with
the requirements of ILO Convention No. 62. The appliances and
equipment shall be available for use at all time

1.16 Security Measures

(a) Security arrangements for the work shall be in accordance with
general requirements and the contractor shall conform to such
requirements and shall be held responsible for the action or
inaction on the part of his staff, employees and the staff and
employees of his subcontractors.

(b) Contractor’s as well as Sub Contractor’s employees and
representatives shall wear identification Badges (cards), uniforms,
helmets, gum boots and other safety/protection gadgets/
accessories provided by the Contractor. Badges shall identify the
Contractor and show the employee’s name and number and shall
be worn at all times while at site.

(c) All vehicles used by the contractor shall be clearly marked with the
Contractor’s name or identification mark.

(d) However, at work sites where public and/or traffic movement is
there and they are likely to come close to the work area, suitable
barricading as proposed by the Contractor and approved by the
Engineer shall be provided and no additional payments will be
made for such barricading. However payment will be made as per
item no. 1007 of BOQ for such fencing which is provided to
protect adjoining running railway track only.

(e) The contractor shall be responsible for security of works for the
duration of the contract and shall provide and maintain
continuously adequate security personnel to fulfil these
obligations. The requirements of security measures shall include,
but not be limited to, maintenance of Law and Order at site,
provision of all lighting, guard, flagmen, and all other measures
necessary for protection of works within the colonies, camps and
elsewhere at site, all materials delivered to the site and all persons
employed in connection with the works continuously through out
working and non‐working periods including nights, Sundays and
holidays, for the duration of the contract. However, at work sites
in close proximity of traffic corridors where public and traffic are
likely to come close to the work area, suitable barricading as
proposed by contractor and approved by Engineer shall be
provided.

(f) No separate payment will be made for providing security
measures and will be deemed to be included in the rates quoted
by the contractor.
Annexure 2 (Section 4)
Scope of Works Specified for execution of Works Contract
for which
Project Management Consultancy Services
are called for

Employer’s requirements as stipulated in Bid Documents for the work of
“Construction of Roadbed, Major and Minor Bridges and Track Linking (Excluding
Division of South Eastern Railway in the state of West Bengal, India.” is contained
in the Bid Document under Section 4 and in its Corrigenda, which may be referred
to. Some of the details with the same para numbers as in the bid documents and in
its Corrigenda are detailed below for ready reference. The A&C issued may also be
referred.

2.0 SCOPE OF WORK

2.1 Introduction

This work pertains to “Project Management Consultancy for Construction of
Roadbed, Major and Minor Bridges and Track Linking (Excluding supply of Rails,
Thick web Switches and Line sleepers) S&T and OHE & General Electrical Work in
Eastern Railway in the state of West Bengal, India.”
Sl.
Description Rajgoda‐Tamluk Junction Cabin
No
1 Length of Section 13.5 Kms.
2 Ruling Gradient 1 in 250
3 Degree of curvature 2 Degree
4 Major Bridges 2 Nos.
5 Minor Bridges 29 Nos.
6 Stations 3 (all having Panel Interlocking)
7 No. of Junction 1
Station
8 LC gates 5 Nos. (manned)
9 Loading Standard 25 T Axle Load of 2008

The relevant salient features of 3rd Line work for Panskura‐Kharagpur for which
Consultancy on S&T work is to be provided is as under:‐

Sl. No. Description Detail
1 Length of the section 45 KM
2 Auto section 45 KM
3 No. of stations 1. Terminal ‐1 Nos.
2. Crossing – 5 Nos.
3.PH – 3 Nos.
All stations will have
Electronic Interlocking.

2.2 Details of work

The scope of work includes construction of roadbed, Minor bridges, Major
bridges works, and S&T works. The Scope has been elaborated separately
for Two Packages in the works contract.

Formation

Earthwork in formation and cuttings is to be done for the full length, laying
of a blanket layer as per RDSO guidelines with suitable materials as
approved by Engineer.
The top width of the proposed new alignment for bank shall normally be
6.85m and 7.15m on curves with 2(H):1(V) side slopes. For cutting width of
the proposed line excluding side drain shall be 6.25m on straight and 6.55m
on curves, side slopes for cutting shall be as under:
H : V
(i) Hard rock ¼ : 1
(ii) Soft rock ¼ : 1
(iii) Moorum/Hard soil/Ordinary soil 1 : 1

Formation in embankment shall be provided with side slopes of 2:1 or flatter as
required. Side slopes shall be turfed. Bank of height more than 6 Mts shall be
designed for slope stability and the slope shall be adopted accordingly.
Earthwork shall be provided with contractor’s own earth.

Formation in cutting shall be provided with side slopes of 1:1 in ordinary soil
and up to 1/10:1 in rocky strata. Flatter slopes in ordinary soil can be adopted
subject to the design.

B. BRIDGES

The bridges in various packages are enlisted as follows:

MAJOR BRIDGES

Sr. BR.NO EX.SPAN PR .Span Type
1 39 1x60’+2x40’ G 1x18.3+2x12.2m PSC
2 45 1x60’+2x40’ G 1x18.3+2x12.2 m PSC

MINOR BRIDGES
Sr. BR.NO EX.SPAN PR .Span Type
1 25 1x4.57mFT 1 x 4.57m x 4m RCC Box

2 26 2 x 1.2m HP 1 x 3m x 2m RCC Box
3 27 1 x 4.57m FT 1 x 4.57m x 2m RCC Box
4 28 1 x 1.2m HP 1 x 1.2m x 2m RCC Box
5 29 1 x 4.57m FT 1 x 4.57m x 2m RCC Box
6 30 1 x 1.2m HP 1 x 1.2m x 2m RCC Box
7 31 1 x 1.2m HP 1 x 1.2m x 2m RCC Box
8 32 1 x 1.2m HP 1 x 1.2m x 2m RCC Box
9 33 1 x 1.2m HP 1 x 1.2m x 2m RCC Box
10 34 2 x 1.2m HP 1 x 3m x 2m RCC Box
11 35 2 x 4.57m FT 1 x 3m x 2m RCC Box
12 36 2 x 1.2m HP 1 x 3m x 2m RCC Box
13 37 2 x 1.2m HP 1 x 3m x 2m RCC Box
14 38 2 x 1.2m HP 1 x 3m x 2m RCC Box
15 40 1 x 1.2m HP 1 x 1.2m x 2m RCC Box
16 41 2 x 1.2m HP 1 x 3m x 2m RCC Box
17 42 1 x 1.2m HP 1 x 1.2m x 2m RCC Box
18 43 2 x 1.2m HP 1 x 3m x 2m RCC Box
19 44 1 x 1.2m HP 1 x 1.2m x 2m RCC Box
20 46 2 x 1.2m HP 1 x 3m x 2m RCC Box
21 47 1 x 1.2m HP 1 x 1.2m x 2m RCC Box
22 48 1 x 1.2m HP 1 x 1.2m x 2m RCC Box
23 49 1 x 1.2m HP 1 x 1.2m x 2m RCC Box
24 50 2 x 1.2m HP 1 x 3m x 2m RCC Box
25 51 2 x 1.2m HP 1 x 3m x 2m RCC Box
26 52 3 x 4.57m FT 3 x 4.57m x 4m RCC Box
27 53 1 x 1.2m HP 1 x 1.2m x 2m RCC Box
28 54 2 x 1.2m HP 1 x 3m x 2m RCC Box
29 55 1 x 1.2m HP 1 x 1.2m x 2m RCC Box

2.3 The contemplated works as a part of the execution tender consists of:

(a) Providing and maintaining office accommodation and
vehicles for use of Employer and their Assistants and Staff.

(b) Survey for fixing the working alignment and establishment of
working bench marks for doing Earth Work and Bridges, river
training and protection works.

(c) Earth Work in formation in banks is to be done with suitable
filling/blanketing material. Also required protection works
are to be done.

(d) Construction of Major Bridges, Minor Bridges for the
proposed new line including laying of suitable backings for
the bridges and earth work in bridge gaps.

(e) Protection works for bridges against severe exposure
conditions and temperate climate with heavy to very heavy
rain fall.

(f) Providing Precast/Cast in situ PSC girders, pile foundations.

(h) Setting of batching plant for production of controlled
concrete.

(i) Setting out alignments and levels and marking of locations
for all piers, abutments of bridges as well as river training and
protection work.

(j) Construction of Buildings & Platforms.

(k) Laying & Linking of Track.

(l) Supply & installation of S & T equipments.

(m) Supply & Erection of OHE & General Electrical works.

(n) Making and supply of ‘As Built” drawings of all the assets
created.

2.4 Deleted

2.5 The Nature of work:
The works to be executed can broadly be grouped as under:

Civil Engineering

1. Providing and maintaining office accommodation, equipment and
vehicles for the use of the Employer and their Assistants and Staff
during the contract and defect liability periods.

2. Setting out the alignment of proposed new line and establishing
working, bench marks and alignment references, taking the details
from bench marks and alignment references established by the
Employer earlier. This work has to be done before any works under
this contract.

3. Preparation of working plans for longitudinal sections, cross sections
and bridge layouts.

4. Carrying out the work of Earth work in formation in banks with
Contractor’s earth, blanketing material with Contractor’s material.
The earth work and blanket layer have to be compacted with
suitable machinery at OMC.

5. Construction of 16 nos. of Minor bridges (either RCC Box), 5 nos.
Major bridges with pile foundations/open foundation and PSC
superstructure.

6. Fixing of bridge plaques, bridge boards, painting of HFL etc.

7. Transportation, handling, stacking, watching, protection, etc of all
material from the manufacturer’s works/place of purchase to the
sites of use.

8. Setting out the line and level of alignment for the proposed
doubling/third line and establishing working bench marks and
alignment references, taking the details from bench marks and
alignment references established by the Employer/ other
designated contractors.

9. For carrying out accurate survey work, survey control points shall be
established along the railway line using high end survey equipment
such as DGPS or Total Station connected with nearest GTS Bench
Mark. Also reference pillars are to be established for relocation. This
work is meant for maintaining & checking proper alignment of mid
section & bridges for which the contractor is solely responsible.

10. Every precaution has to be taken such that there shall be least
disturbance to road traffic during transportation of construction
materials to the site of work.

11. Making and supply of ‘As Built’ drawings for the new assets created.

Track Laying & Linking

"Track laying and linking is to be done as per the provision of the
construction contracts".
S & T Work
1. Provision of Route setting type centralised operation of
points and signals with PI at all stations involved with yard
remodeling in connection with double Line between Rajgoda
‐ Tamluk on Kharagpur Division of South Eastern Railway.
2. Supply, Installation, wiring, programming, testing of Panel
Interlocking by the RDSO approved manufacturer, provision
of motor operated points, D.C. tracks circuits and MACLS,
Indoor and Outdoor Modifications related with conversion
from Single line to double line.
3. Provision of interlocking of level crossing gates located in
station section along with commissioning of Panel
Interlocking at stations.
4. Provision of Block Proving by Digital axle counters and
interlocking of midsection LC gates as per requirement and
approved Signal Interlocking Plans.
5. Designing and documentation including completion
documents of signaling drawings for indoor and outdoor
work.
6. Removal of S&T infringements or shifting of signaling gears
like LC gates, location boxes, signals, cables etc. and telecom
gears like cables, EC post etc. to facilitate the progress of
earth work and bridge work for double line.
7. Supply and installation of signaling equipments viz. Panel
interlocking with wiring, operating cum indication panel,
signal units and accessories, Integrated power supply
equipments, Block Working with axle counter, location boxes
and accessories, track circuit equipments, point machines
with ground connection, electric lifting barrier , data logger
with networking etc.
8. Indoor work of programming and commissioning of Panel
Interlocking, erection of Relay rack, CT rack, wiring of relays,
testing and alterations in circuits, installation of power
supply equipments & IPS, operating and indication panel,
data logger and networking, axle counter, installation of
DG sets, painting and lettering of all indoor gears, releasing
of all indoor gears etc.
9. Outdoor work of trenching and laying of cables, foundation
for signals, location boxes, etc. wiring of location boxes,
signal units, points machines, track circuits, axle counter
jointing of signaling cables, earthing, RE protection, erection
of electrical lifting barrier, painting and lettering of all out
door gears, releasing of all outdoor gears.

10. Testing of all indoor equipments for functional/operational
requirements and all outdoor equipments of signals, points,
track circuits, LC gates etc and carrying out necessary
adjustments and modifications in consultation with
Engineer. Preparation of all documents related with testing
and test reports.
11. Shifting of all control and communication equipments in the
new ASM room along with associated telecom work.

OHE & General Electrical Work.

DELETED

2.6 Some Special stipulations/features:

Civil Work

2.6.1 While planning for the work of transportation of bridge construction
materials to the bridge site, the finished formation of earth work in
banks and cuttings with or without blanket layer should not be used
for plying of trucks or other vehicles used for transportation. This
restriction has specially been imposed to save the top surface of the
formed formation from forming pits and ruts, which later are likely
to accumulate water and pose problems for maintenance.

2.6.2 The mechanical means required to meet the stipulations mentioned
in the above sub Para should be arranged by the Contractor.

2.6.3 Railway land, if available and separable, shall be provided for the
purpose of stacking of material and setting up of concrete batching
plant, etc. However, the Contractor shall be responsible for
arranging any such requirement of land and arranging/developing
any required approach to site of work, etc at his own cost.

2.6.4 The Contractor shall be required to mobilize resources for taking up
work at a number of locations simultaneously. A tentative
scheduling of major activities is given at sub‐clause 2.14 of this
section for purpose of guidance only. The planning of resources may
be done at least to meet these requirements.

2.6.5 Suitable/preferred type of soil for embankment is not available in close
proximity of the proposed new line. The bidder may ascertain
availability and lead/lift involved before quoting his rates.

2.6.6 SIGNAL AND TELECOM WORK

A MATERIALS & WORKMANSHIP

1. All the materials and workmanship used in this work shall be of extremely
good quality and high class in every respect and is expected to give trouble
free service.

2. The equipments/materials as per RDSO specifications are to be procured
from the RDSO approved sources only. Detailed instructions are given under
Inspection clause.

3. Equipment/material in the schedule as per IS specification are to be procured
from BIS licensed firms only. In case there are no BIS licensed firms for the
scheduled item, the equipment/material are to be procured from
manufacturers of repute/their authorized dealers after approval of Engineer‐
in‐charge before supply.

4. Equipment/material in the schedule where RDSO/IS specification has not
been stipulated, are to be procured from manufacturers of repute/their
authorized dealers after approval of the Engineer‐in‐charge before supply.

5. All the materials should be strictly as per the Specifications indicated. All the
materials to be supplied by the Tenderer are to be supplied at the nominated
Maintenance Depot. The loading, unloading and transportation of these
materials from the Depot to the site of work at a later stage will have to be
done by the Tenderer at his own cost. Alternatively, if the site of work is
ready and work is in progress, physically, the materials can be brought to the
site of work is ready and work is in progress, physically, the materials can be
brought to the site directly and supplied. The security of the material
brought to the site of work will remain with the Tenderer.

6. Materials required to carry out this work if supplied by the RVNL, will be
issued at the nominated Depots. The contractor will have to load, transport
these materials to the site of work and unload at his own cost. Released
material and Balance new materials after completion of work, if any should
be returned back at the nominated Depot of the nominated Senior Section
Engineer Signal(Maintenance). Empty cable drums will be property of
contractor and to be disposed by him at his own cost.

7. The cost of transit insurance required as per rules will be borne by the
tenderer.

8. Cable laying work will be generally done according to the details of Cable Plan
and instructions issued by Engineer in charge of work. Whenever the
dimensions of cable Trenches as mentioned in the Tender Schedule are not
easily achievable due to terrain conditions, then payments will be made on a
pro‐rata basis, for the dimensions achieved. The specific approval of the
Project In charge of RVNL will be required for such dispensation.

2.6.7 Inspection of S & T Work

1. S &T work is required to be carried out in accordance with the IRS
specification for RRI/PI (S/36/87) and conforming to RDSO
Specifications No. RDSO/SPN/192/2005 for EI with latest
amendments issued. The installation practices of all signaling gears
should be as per the Signal Engg Manual Part I &II issued in
September 2001 and to suit latest relevant correction slips. The
work is required to be carried out in accordance with the RE manual
for stations falling under 25 KV electrified traction. The execution is
required to be carried as per standard specifications of RVNL.
However, specifications, drawings and other details mentioned in
BOQ or in special conditions, wherever applicable will prevail over
the standard specifications. Copy of the standard specification of
RVNL can be purchased from the office of RVNL on payment.

2. The Signal & Telecom material to be supplied by the contractor as
per RDSO Specifications/Drawings will have to be procured from
approved firms appearing in PART‐I list of RDSO and to be supplied
duly inspected by RDSO. In case where no manufacturers are
available in Part – I of approved list issued by RDSO, procurement
may be done through the firms included in Part‐II of approved list
treating them as approved manufacturers as per board letter no.
77/RS(G)/779/17 dated 23.1.79 and 78/W3/SGB/1 dated 21.01.80.
The latest specification of RDSO shall be applicable on the date of
procurement of material even though older specification might be
mentioned in the detailed BOQ.

3. The Signal & Telecom material to be supplied by the contractor as
per TEC/DOT/BSNL specification will have to be procured form
DOT/TEC approved firms. The inspection of such items will however
be carried out by RDSO provided the value is more than value
stipulated in inspection policy of RDSO.

4. In case the contractor is supplying imported equipments from
approved manufacturer, then in addition to manufacture’s test
certificate, such equipments shall be inspected by RDSO.

5. Whenever equipment/material as per IS specification in schedule
are inspected by Authorized Representatives of the
Railways/Consignee, the Tenderer will be required to furnish
manufacturer’s Guarantee Certificate along with test certificates in
addition to his own warranty certificate.

6. For equipment/material as per IS specification, if the consignee,
after verifying all the documentary evidence, visual inspection,
measurement of dimensions/key electrical parameters as applicable
and any other checks as per facility available with him, is not fully
satisfied and if he considers necessary, he can direct the samples to
be tested with approval of Engineer‐in‐charge, as per the
specifications given in the schedule in a laboratory. The laboratory
will be approved by Engineer‐in‐charge and shall be a BIS approved
laboratory. All expenses towards test charges shall normally be
borne by RVNL.

7. Signal & Telecom items not inspected by RDSO/ RITES for any
reason will be inspected by the Engineer/Authorised
Representatives of RVNL. In case of any difficulty in inspection,
RVNL may decide the authority of inspection, either by any other
Govt. agency or by consignee. Whenever materials are inspected by
Authorised Representatives of the RVNL/Engineer, the contractor
will be required to furnish his or manufacturer’s Guarantee
Certificate.

8. The RVNL shall have full power to reject any material that it may
consider to be defective or inferior in quality, workmanship, or
otherwise not in accordance with the Specification and the RVNL’s
decision shall be final, even though they might have been inspected
by RDSO/RITES. The contractor shall remove forthwith any such
material rejected and replace them promptly at his own cost.
Inspected and accepted material, if damaged during transit shall be
replaced by the contractor free of cost prior to installation.

9. Inspection Charges of RDSO and RITES will be borne by the
Contractor.

10. Items included in the list of items to be inspected by RDSO & RITES
and are not inspected by RDSO/RITES for any reason whatsoever
and will be inspected by the Authorized Representatives of RVNL.
The following conditions will apply:

i) Material conforming to RDSO specn/drg is procured from RDSO
approved source.

ii) Contractor shall submit Manufacturer’s Guarantee Certificate for
the material.

iii) All such cases where change in agency of inspection other than
mentioned in the schedule is required will have to be processed
with detailed justification for specific approval of competent
authority of RVNL of level not less than GM.

OHE WORK

DELETED

2.7 . CODES & SPECIFICATIONS

2.7.1 GENERAL

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

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

a. The specifications mentioned in these specifications shall be
prime governing.

b. Where there is conflict between provision in IRS & IS
specifications, provisions in IRS specifications shall prevail.

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

d. For items not covered in IRS/IS/IRC specifications, BS‐5400
Part 1 to 10 may also be considered.

e. Where applicable CEB/FIP recommendations and codes of
practices shall be used if specific recommendation does not
exist in IRS/IRC/BS specifications.

f. The decision of Engineer shall be final and binding in the
interpretation of the clause of the codes of practice and
specifications of this tender and no claim whatsoever shall
be entertained on this account from the Contractor.

2.8 SURVEY AND FIXING WORKING BENCH MARKS AND ALIGNMENT
MARKERS.

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

2.9 Bench marks:

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

2.9.2 The contractor shall then in presence of the Engineer establish
working bench marks at short intervals, adequately connecting
them to the reference bench marks set up by the Employer in the
Project length. The working bench mark levels should be got
approved from the Engineer. An up to date record of all bench
marks including approved corrections if any, shall be maintained by
the contractor and also the Engineer.

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

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

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

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

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

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

2.10.5 After the formation and bridges have been constructed, the centre
line of alignment of both in Block Sections at either end should be
re‐fixed taking guidance from already set up alignment references.
Similarly the rail levels of track both in the block sections and the
yards should also be fixed with reference markers. These will be
used for installation of track by other agency.

2.11 Responsibility for establishing and maintaining working bench
marks and alignment markers

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

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

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

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

2.12.1 As a part of new line between Rajgoda and Tamluk Junction Cabin
the work of Construction of Roadbed, major bridges, track linking,
minor bridges and S&T works will be done in this bid. Hence
interfacing for the purpose of integration of works between
different Contractors is of very much importance so that progress of
work is not hampered. Coordination between all agencies has to be
ensured. Such interfacing for the purpose of integration of works
will arise between the partners of JV, in case the work is awarded to
a JV or between the Contractor and his sub contractors will arise.
This has to be kept in view.

2.12.2 Entire proposed doubling and 3rd line work is planned within the
existing railway boundary. It should be noted that it may become
necessary that very small quantity of land is required to be acquired.
Assistance if any required should be provided by the contractor as &
when required for speedy execution of the contractor.

2.12.3 It is the intention of the Employer that the overall interfacing,
planning, scheduling, logistic administration inclusive of necessary
logistic planning and all tasks that are necessary to guarantee
proper co‐ordination and proper interfacing of all activities during
the complete execution of the works, is clearly understood and
agreed to. Integrated programme shall set out in detail how the
different contractors will work together in execution of the works.
This new line project will have three more contracts for its
completion in entirety. It shall also spell out the overall interfacing,
planning, scheduling, logistic administration inclusive of necessary
logistic planning and all tasks that are necessary to guarantee
proper co‐ordination and proper interfacing of the different
activities by various agencies during the execution of the works. A
master schedule incorporating the milestone of works completion
by each contractor shall be included in the integrated programme to
demonstrate the capability of all parties involved in the completion
of the works. The essence of the integrated programme shall be
that the contractors have both overall responsibility for the
completeness and the timeliness of all the works and quality of the
contractual works within the agreed time frame. Allowance need to
be made by the contractors in their resources and pricing to ensure
that proper co‐ordination of the various items is incorporated in
their contract.

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

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

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


2.13 Damages to property:

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

2.14 Tentative scheduling of major works:
Building work shall be completed in 8 months and Bridge work,
Road bed should be completed in 12 months from Date of
commencement and progressively the complete work including
track linking , S & T and OHE is to be completed in 18 months.

2.15 SURVEY EQUIPMENT

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

2.16 Power Line Crossings:

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

ANNEXURE 3 (Section 4)

QUALIFICATION REQUIREMENT OF KEY PERSONNEL

1. General

1.1 The details furnished in this Annexure are for the guidance of the Consultant.
The consultant while submitting their proposals may indicate the
qualifications, task assigned role and responsibility for each of the Key
Personnel. They should, however, ensure that the assignment for the key
personnel must match their experience indicated in their experience profile.

1.2 Form No.8 A (in 7 sheets), of Section 3, clearly defines the qualification
requirement of each of the Key Personnel viz., Project Manager, and Experts
for different discipline.

1.3 While proposing personnel for each of the key post, the Consultant should
ensure that

a) The person proposed should not be born before the specified date in each of
these forms.

b) No major penalty should have been imposed as a result of Vigilance/CBI/Police
cases for the person proposed,

c) The qualification and experience of the person proposed for each of the key
post should meet at least the minimum requirements specified in the
relevant Form No. 8A Section 3; and Persons who do not fulfil conditions in
Sub paras (a) to (c) above will not be permitted to be employed to any of the
key posts.

1.4 For Ex. Railway Personnel LCE and LEE shall be considered equivalent to
Diploma in respective Discipline of Engineering, in respect of Ex. Railway
Personnel for Electrical/Civil/S&T Work 2/3 years Apprenticeship will also be
considered equivalent to Diploma in respective disciplines.

1.5 The Consultant shall submit along with the tender the undertaking as
mentioned in Clause 1.2.2 (iv) of Section 2 ITC:

1.6 The qualifications and experience for each of the Key Personnel shall be as
specified in each of the relevant Form No.8A.

1.7 Deleted

1.8 Prior approval of the Employer should be taken before any Personnel is
actually employed. Continuation or otherwise of any personnel employed by
the Consultant shall be dependent on satisfactory performance of duties.
Decision of the Employer shall be final and binding in this regard.

SECTION 5

FORM OF AGREEMENT,

GENERAL CONDITIONS OF CONTRACT
AND
SPECIAL CONDITIONS OF CONTRACT

Project Management Consultancy
For
Division of South Eastern Railway in the state of West Bengal, India.”


SECTION 5
CONTENTS
A: FORM OF CONTRACT AGREEMENT

CONTAINING CLAUSES

1 Services
2 Reports
3 Personnel
4 Commencement Date
5 Date of Arrival
6 Maximum Payment to the Consultant
7 Accounts for payment
8 Authorized Representative of Consultant
9 Notices and Requests
10 Warranty as to Eligibility Deleted
11 Notice of Delay
12 Effective Date
13 Miscellaneous
14 Documents forming the Contract

B : GENERAL CONDITIONS OF CONTRACT

Article No.
I Personnel
II Staffing Schedule
III Performance of the Services
IV Sub‐Contracts
V Relationship of parties
VI Payment and mode of Billings
VII Accounts and Records
VIII Indemnity and Insurance
IX Ownership of work product, Computer Programs and
Equipment
X Disposal of Data & Equipment
XI Co‐ordination
XII Exemptions and Facilities
XII Force Majeure
XIV Suspension
XV Termination
XVI Settlement of Disputes
XVII Variations
XVIII Conflict of Interest
XIX Confidential Information
XX Contractual Ethics
XXI Compliance to Laws, Bylaws and Regulations
XXII Specifications & Designs

C: APPENDICES

A Terms of Reference
B Staffing Schedule
C Cost Estimates
D Services, Facilities and Equipment provided by Employer
E Deleted
F Form of Advance Payment Guarantee

D: SPECIAL CONDITIONS OF CONTRACT

A: FORM OF CONTRACT AGREEMENT

PROJECT MANAGEMENT CONSULTING SERVICES FOR THE IMPLEMENTATION OF
RAILWAY PROJECTS‐

CONTRACT No. __________________

This AGREEMENT (hereinafter, together with all the appendices/attachments
attached hereto called the “Contract”) is made on the _________ day of
__________, 20__, between the ______________________________________ on
the one part (hereinafter called the “Employer”) acting through the Managing
Director, and ____________________ in association
with_______________________________ (hereinafter [jointly] called the
“Consultant”) on the other part [notwithstanding such association] the Consultant
will be represented hereunder at all times by ____________________ which will
retain full and undivided responsibility for the performance of obligations
hereunder and for the satisfactory completion of the Consultant's services to be
performed hereunder.

WHEREAS

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

B) The Employer has requested the Consultant to provide consulting services
for Project management Consultancy for the works “Construction of
Roadbed, major and minor bridges and Track Linking (Excluding supply of
Rails, Thick web Switches and line sleepers) S&T and OHE & General
Electrical Work in Connection with Doubling Between Rajgoda‐Tamluk
(Junction Cabin) and S&T works for 3rd Line between Panskura‐Kharagpur
in Kharagpur Division of South Eastern Railway in the state of West Bengal,
India.”

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

NOW THEREFORE the parties hereto hereby agree as follows:

Clause 1. Services.

The work to be performed by the Consultant under the Contract
(such work being hereinafter called the Services) is more particularly
described in the Terms of Reference (TOR) set forth in Appendix A.
Any modifications to such TOR that materially impact upon the
Services which may be agreed between the Consultant and the
Employer pursuant to Section 17.01 of the General Conditions of
Contracts and any subcontract approved by the Employer pursuant
to the terms of Section 4.01 of the General Conditions of Contract,
shall only be implemented with the prior concurrence of the
Employer.

Clause 2. Reports.

The Consultant shall submit to Employer in the English language the
reports and documentation specified in TOR and in Section 6.05(b)
of the General Conditions of Contract:

Clause 3. Personnel.

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

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

Clause 4. Commencement Date.

The Consultant shall commence the Services within thirty (30)
calendar days after the Employer has given to the Consultant notice
to proceed with the Services.

Clause 5. Date of Arrival.

The Consultant shall promptly inform the Employer of the date of
arrival of the personnel at site.

Clause 6. Maximum Payment to the Consultant:

(a) Subject to subparagraph (b) hereunder, and except as may be
otherwise agreed under the General Conditions of Contract, and
notwithstanding any other provisions of this Contract, payments
under this Contract shall not exceed __________________ in INR
except as otherwise agreed between the Employer and the
Consultant:

(b) The maximum amount specified here‐above has been fixed on the
understanding that the Employer will make available free of charge
to the Consultant the exemptions, assistance, services and facilities
provided for in Article XII of the General Conditions of Contract and
in Appendix E as required for the purposes of the Services. If any
such exemptions, assistance, services and facilities are not supplied,
the parties shall consult regarding what additional allowance (if any)
should be made to the Consultant as a result thereof to cover
necessary additional expenditures not envisaged in the cost
estimates in Appendices C.

(c) An estimate of the cost of Services payable in is set forth in
Appendix C. Such estimates are based on representations made by
the Consultant in its Financial Proposal and at contract negotiations
and documentation, accounts and records relevant to such
representations are subject to inspection and audit at the option of
Rail Vikas Nigam Limited pursuant to Section 7.02 of the General
Conditions of Contract.

Clause 7. Accounts for Payment:

Subject to Articles VI of the General Conditions of Contract, all
payments under this Contract shall be made to the following
account(s) of the Consultant:

i) ………………………………………………………………………

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

Clause 8. Authorized Representative of Consultant.

Any action required or permitted to be taken, and any documents
required or permitted to be executed under this Contract may be
taken or executed on behalf of the Consultant by the Project
Manager or a designated representative and on behalf of the
Employer by General Manager / S&T, Rail Vikas Nigam Limited,
Kharagpur.

Clause 9. Notices and Requests.

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

Kolkata‐700 033.

For the Consultant

_____________________

_____________________

_____________________

Clause 10. Warranty as to‐Eligibility ‐ Deleted

Clause 11. Notice of Delay.

In the event that the Consultant encounters delay in obtaining the
required services or facilities set forth in Appendix D for the Conduct
of the Services, the consultant shall promptly notify the Employer of
such delay, and may request an appropriate extension of time for
completion of the Services.

Clause 12.Effective Date.

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

(b) Should the Contract not have become effective within ninety (90)
calendar days of the date hereof, 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 13. 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 Appendices A to E 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
hereto as of the effective date of this Contract.

Clause 14: Documents forming the Contract.

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

i) The Letter of Award
ii) The Terms of Reference (Appendix A)
iii) The General conditions of Contract (GCC)
iv) The Special Conditions of Contract (SCC)
v) The consultant’s Proposal along with the addenda
vi) The completed Appendices B to E as given below:
Appendices
B. Staffing Schedule
C. Cost Estimates
D. Services, Facilities and Equipment to be provided by Employer
vii) All correspondence between Consultant and employer after
Submission of RFP and before issue of Letter of Award.
viii) Joint Venture Agreement.
ix) Notice to Proceed.
x) Performance Security.

IN WITNESS WHEREOF, the parties hereof have caused the Contract to be
signed in their respective names as of the day and year first above written.

FOR AND ON BEHALF OF (THE EMPLOYER)

______________________________________
(Authorized Representative)

FOR AND ON BEHALF OF (THE CONSULTANT)

______________________________________
(Authorized Representative)

B: ‐ GENERAL CONDITIONS OF CONTRACT
ARTICLE
Personnel
Section 1.01: Except as the Employer may otherwise agree no changes
shall be made in the Personnel. If for any reason beyond the
reasonable control of the Consultant (e.g. death, physical
disability etc.) a replacement is required under Section 1.02
and it becomes necessary for the Consultant to replace any
of the personnel specified by name in the Staffing Schedule,
the Consultant shall forthwith provide a replacement
acceptable to the Employer with comparable or better
qualifications. In the event that the person replaced is, at the
time of replacement, in the field, the Consultant shall bear
the travel and other related costs arising out of or incidental
to the replacement. The rate of remuneration and out‐of‐
pocket expenses allowable for such replacement shall be the
same as agreed between the Employer and the Consultant
for the person being replaced. For any additional personnel
proposed by the Consultant and approved by the Employer,
the relevant remuneration rate(s) and estimated out‐of‐
pocket expenses will be as negotiated between the Employer
and the Consultant.

Section 1.02: Not withstanding the provision of section 1.03 below, In the
event that any of the personnel is found by the Employer to
be incompetent, guilty of misbehavior, or incapable in
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
suitable qualifications and experience acceptable to the
Employer. Such replacement should be arranged at the
earliest but not later than 30 days of such notice. If a
replacement is not given within 30 days then a penalty of Rs
500/‐ or 0.5% of the monthly agreed Payment for the
Personnel which ever is higher shall be imposed per person
per day of delay beyond 30 days.

Section 1.03: In the event of the replacement of Key
Personnel/Professionals by the Consultant after initial
deployment, beyond an upper limit of 40% of the total
number of such personnel the new key and professional
personnel beyond the limit of 40% shall be paid @ 85% of
the agreed billing rates, after Award of Contract. The Project
Manager/Resident Engineer being important controlling
personal for the project should not be changed once
employed. In exceptional circumstances if change is a must
then overlapping period of 15 days is to be provided for
proper handling over and taking over. For such overlapping
period Employer will pay man month for one person only. In
case if such overlapping period is not ensured
recovery@1/30th of agreed billing rate of the personnel shall
be effected for each day of reduction in overlap.

ARTICLE II
Staffing Schedule
Section 2.01: DELETED

Section 2.02: Employer reserves the right to reduce the nos. and
estimated person months of key personnel and site
supervisors without any claim on either side, as per site
requirement and the staffing schedule shall be amended
accordingly.

ARTICLE III
Performance of the Services
Section 3.01: The Consultant shall carry out the Services with due
diligence and efficiency and shall furnish to the Government
and the Employer such information related to the Services as
the Government, or the Employer, may from time to time
reasonably request.

Section 3.02: The Consultant shall act at all times so as to protect the
interest of the Employer and will take all reasonable steps to
keep all expenses to a minimum consistent with sound
professional practices.

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: 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.

Section 3.05: Effectiveness of Contract
The Contract shall come into force and effect on the
effective date subject to fulfillment of conditions precedent
to signing of contract agreement.

Section 3.06: Commencement of Services
The consultant shall commence the services in accordance
with clause 4 of the Contract Agreement. The anticipated
dates of commencement and completion of works for which
project management consultancy is required to be provided
by the consultant are:

a. Date of commencement: As per para 6.1of TOR Appendix À’.

b. Period of Consultancy Services as specified in Data Sheet.

Section 3.07:

a) In case of failure of deployment of key personnel from the approved
list, within 40 days of the request of employer, RVNL will be entitled
to impose a penalty of Rs 500/‐ or 1.0% of the agreed monthly
billing rate of the personnel, whichever is higher per day per person
for each day of delay beyond 40 days.

b) If the Project Director is satisfied about non‐performance of any of
obligation/provision as stipulated in the Terms of Reference OR non
compliance of any of the safety provisions, a penalty of Rs.10, 000/‐
or 0.5% of the monthly payment for supervision consultancy
whichever is higher for each case shall be levied in addition to losses
incurred/estimated, if any, by RVNL.

c) Notwithstanding anything contained in (a) above, if the nature of
failure to perform a particular activity still requires specific
performance by the supervision consultant only, the consultant
must ensure to perform the concerned activity in reasonable time.
Failure to perform within reasonable time, depending upon the
importance of the activity, may result into termination of contract.

d) If more than 5 incidents occur requiring levy of penalty as
mentioned in (a), the contract can be terminated due to
unsatisfactory performance. On the recommendations of Project
Director or otherwise, RVNL Corporate office shall be the final
authority to decide on termination.

e) Failure in certification of provisional payment or detailed checking
payment by the PMC as envisaged in sub clause 4.2.3(l) of section 5
shall entitle employer to impose penalty of Rs 10000/‐ per day of
delay.

ARTICLE IV
Sub‐Contracts

Section 4.01: The Consultant may subcontract work relating to the
Services to an extent and with such specialists and entities as
may be approved in advance by the Employer, and shall
submit to the Employer for prior approval the text of any
proposed subcontract and any amendments thereto which
may subsequently be proposed. Notwithstanding such
approval, the Consultant shall, as provided in the
Agreement, retain full responsibility for the Services and for
the content of all Reports required hereunder. In the event
that any sub‐contractor is found by the Employer to be
incompetent or incapable in discharging assigned duties, the
Employer may request the Consultant to provide a
replacement, with qualifications and experience acceptable
to the Employer, or to resume the performance of the
Services itself.
ARTICLE V
Relationship of Parties

Section 5.01: Nothing contained herein or in the Technical Assistance
Agreement shall be construed as establishing or creating
between the Employer and the Consultant a relationship of
master and servant or principal and agent.

Section 5.02: The Consultant shall during the performance of the Services
be an independent contractor retaining complete control
over its personnel, conforming to all statutory requirements
with respect to all its employees, and providing all
appropriate employee benefits.

ARTICLE VI
Payments and Mode of Billings

Section 6.01: The Employer shall pay to the Consultant in respect of the
Services, such remuneration and provision of temporary
office and on that accepted rates and reimburse the
expenditure as per clause 6.14. The monthly payment will be
made @ 80% of the accepted man month rates as per actual
deployment of staff duly certified by employer or his
representative.

1. 10% will be released proportionately to the average financial
progress of the construction contract for which Consultant has
been appointed.

2. Balance 10% will be released on successful commissioning of the
project subject to the condition that all key personnel who were
required during Non‐interlocking/Block period (as directed by
Project Director) have remained available throughout this
period. The balance 10% remuneration will not be paid for those
key personnel who were required to remain available but did
not remain available throughout Non interlocking/Block period.
This will however not apply to those key personnel who have
remained under authorized leave duly sanctioned by Project
Director due to some exceptional reasons.

3. In case of validity of contract is extended for reasons not
attributed to PMC, 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

4. In case of contract extended due to reasons attributed to PMC,
the payment per month in the extended period shall not be
made; however, entire staff as per requirement decided by the
Employer to complete the work shall continue to be provided by
PMC. 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. In case he fails to deploy such
personnel the equivalent amount will be recovered from
security deposit or any other sums due to the consultants.

5. In case the contract is completed ahead of schedule, then the
90% part of the payment will be restricted up to the month in
which contract is concluded. The 10% of EMI part payment will
be released in full for the entire stipulated duration of the
contract as an incentive for ensuring early completion.

6. In the event of termination of construction contract or removal
of contractor, no further payment beyond 15 days 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 entire situation shall be reviewed including further
deployment of consultant’s staff etc.

Section 6.02

a) Remuneration shall be determined on the basis of time spent
by the personnel listed in the Staffing Schedule in performance
of the Services after the Effective Date at the rates specified in
Section 6.14, in respect of the personnel.

b) Remuneration for periods of less than one month shall be
calculated on a calendar day basis for the time spent in the field
for part of the month. The personnel shall not be entitled to be
paid for overtime nor to take paid sick leave or vacation leave.
The Consultant’s remuneration shall be deemed to cover these
items. Any taking of leave by personnel shall be subject to the
prior approval of the Employer and the Consultant shall ensure
that absence for leave purpose will not delay the progress and
adequate supervision of the Services. The period for which the
Consultant’s personnel will be on leave or absent, shall not be
charged on the bill and the bill must be accompanied with the
attendance record for the period. In case a person remains
absent for more than 3 days in a month, on one hand period of
such absence shall not be charged on the bill and in addition
recovery at the proportionate billing rate shall also be done
from the bills of the consultant for each day of unauthorized
absence. exceeding 3 days. The work of the personnel of the
Consultants will have to be adjusted for proper supervision at
all times when the work is in progress, without any over time
according to the requirement at site.

c) PMC Personnel can avail a weekly rest, National holidays and
three of the religious holidays from the list of religious holidays
declared at CPM/RVNL office, with the approval of Project
Director, for which no deduction in their remuneration will be
made. Maximum of Six Weekly rests can be clubbed
With/Without prefixing/suffixing it with National Holiday,
Religious holiday and taken together, solely at the discretion of
the Project Director. However this will only be with the prior
approval of Employer. Consultant if required shall stagger/defer
such weekly rest or availing National Holiday or religious
holiday during exigencies, so as to ensure uninterrupted
progress of works.



Section 6.05:

(a) Payments to be made by the Employer hereunder shall be
strictly subject to, and representative of, satisfactory
progress achieved by the Consultant.

(b) The Consultant shall, on a monthly basis, submit to the
Employer, in a format acceptable to the Employer, a report
stating personnel movements, inputs in the previous month
compared to those shown in the Staffing Schedule and
expenditures on receivable items shown in Appendix C. In
the event the forecast of progress as anticipated in Staffing
Schedule is substantially changed due to variations pursuant
to Section 17.01, the Consultant may request the Employer
to revise the Payment Schedule specified in Appendix C to
reflect such change.

(c) Advance Payment: 10% (Ten Percent) of the contract price
shall be paid within 30 days of the effective date of the
contract, on submission of claim and a bank guarantee, in
the form specified in Appendix F, for the equivalent amount
valid until the advance payments have been repaid. The
advance payments shall be payable in currencies in the
proportions of the currencies in which the contract price is
payable. The advance payments including simple interest at
10% per annum will be set off by the Employer in 10 (ten)
equal installments against the statements for the first 10
(ten) months of the services or until the said advance
payments have been fully set off.

(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 out‐of‐
pocket expenses.

Section 6.06: As soon as practicable after the com pletion of the Services
or termination of the Contract, the Consultant shall submit
to the Employer the Final Statement of Eligible Costs
incurred, with vouchers and other appropriate supporting
documents for such reimbursable expenditures referred to
in Section 6.14. The statement shall distinguish that portion
of the total eligible costs which pertains to remuneration
from that portion which pertains to reimbursable out of
pocket 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 out‐of‐
pocket 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 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 outstanding amounts by the Employer.

Section 6.14: Reimbursable Expenses: The Employer shall pay or reimburse
to the consultant in Indian Rupee (INR) for the expenditures
incurred in India in respect of the Services as follows on
production of vouchers etc.:‐
a. For the visits of Project Manager & other key personnel
(including Resident Engineer) as required by the Employer to the
HQ of RVNL or other places outside project area, the Entitlement
for Daily allowance, Lodging charges and local conveyance shall
be as applicable to E6 category of RVNL employees in case of
Project Manager, E3 in case of Resident Engineer, E2 in case of
Experts and E1 category of RVNL employees in case of other
personnel and shall be reimbursed on submission of claim
supported by vouchers (For lodging charges & local conveyance).
Relevant provision regarding entitlement in above respects is
available on page 23‐26 of RVNL’s Handbook on Establishment
matters (copy enclosed as Annexure ‘A’ to Section 5)
b. Cost of Travel for attending RVNL office at New Delhi or other
places outside Project Area by train will be limited to 2nd AC
Class with prior written approval of the Employer the travel
could be by Air limited to Economy class.
c. Cost of drawings/documents and cross acceptance obtained
from RDSO on production of proof as per para 5.1.2(viii) of
Section 5.
d. The monthly expenditure on stationery, and other consumable
required for upkeep of office, shall be reimbursed.
i) On submission of vouchers for items costing more than
Rs 50/‐ each subject to monthly ceiling of Rs 15000/‐ per
office.

ii) On submission of itemized accountal of claim (duly
signed by Project Manager(PMC) for items costing Upto
Rs 50 each subject to monthly ceiling of Rs 2000/‐ per
month per office.

e. Any other such thing deemed necessary but not covered in this
contract is purchase/hired with the approval of Project Director.

Section 6.15:
Adjustment for changes in cost.

(A) Price Adjustment: The amounts payable to the Consultant and
valued at base rates and prices as per Form 14 &15 of Section 3
shall be adjusted in respect of the rise or fall in the indexed costs of
inputs, by the addition or subtraction of the amounts determined
by the formulae prescribed in this clause.
(B) Other Changes in Cost: To the extent that full compensation for any
rise or fall in the costs to the Consultant is not covered by the
provisions of this or other Clauses in the Contract, the unit rates and
prices included in the Contract shall be deemed to include amounts
to cover the contingency of such other rise or fall in costs.

(C) Adjustment Formulae: Contract price shall be adjusted for increase
and decrease in the monthly average of Consumer Price Index (CPI)
[all India] for Industrial workers as published by RBI, in accordance
with the following principles and procedures as per formulae given
below. The amount certified in each payment certificate is adjusted
by applying respective price adjustment factor to the payment
amounts due in each currency.

a. Price adjustment shall apply only for work carried out within
the stipulated time or extensions granted by the Employer and
shall not apply to work carried out beyond the stipulated time
or extended time for reasons attributable to the consultant.
Price Adjustment as stipulated above shall be made
provisionally on half yearly basis, @50% of the determined
adjustment amount due in the period. The final adjustment
shall be done with the final bill of PMC contract. Price
adjustment for extensions for reasons attributable to the
Consultant, shall be paid in accordance with sub‐clause
6.15(d).

b. Price adjustment shall be calculated for the components of the
payment for the work done as per formulae given below; and

c. Following expressions and meanings are assigned to the work
done during each month:
RP =Total value of consultancy work done as per Form 14 &15 of section 3 in the
interim payment certificates paid during the half yearly period under
consideration. This excludes the cost of work of items for which rates were
fixed under variations for which the escalation will be regulated as mutually
agreed at the time of fixation of rate.
RF =Total value of consultancy work done which will comprise total value of
remuneration as per Form 14 of section 3 , of only those personnel who once
deployed continued throughout the contract period or period up to which
they were required to continue as per requirement of the employer (the
remuneration paid to the personnel who left in between the contract period
or period prior to the requirement of the employer shall not be included for
this purpose) and value of work as per Form 15 of section 3 , for the
particular half yearly period. This excludes the cost of work of items for which
rates were fixed under variations for which the escalation will be regulated as
mutually agreed at the time of fixation of rate.
Formulae:‐

VPi = Pm / 100 X 0.5 RP X (M1‐M0) / M0

VFi = [Pm / 100 X RF X (M1‐M0) / M0]

V=∑ VFi ‐∑ VPi

VPi = Provisional increase or decrease in the cost of work payable, during
a particular half yearly period under consideration due to changes
in the cost of inputs.
VFi = Final increase or decrease in the cost of work payable (to be
calculated at the time of final bill) for the particular half yearly
period under consideration due to changes in the cost of inputs.

Where V is the final adjustment of cost payable during the entire contract
period.

M0 = The monthly average of Consumer Price Index (CPI) [all India] for
Industrial workers as published by RBI (Reserve Bank of India)
Bulletin for the month of January/July (The nearest month to be
taken) prior to the deadline for submission of Bids.

M1 = The monthly average of Consumer Price Index (CPI) [all India] for
Industrial workers as published by RBI (Reserve Bank of India)
Bulletin for the month of January/July for the half yearly period to
which a particular interim payment certificate is related.

Pm = 85% as Percentage of variable costs other than Fixed cost
percentage. Fixed cost Percentage for price adjustment to be taken as
15%.

(D) Price adjustment during the extension period for which extension is
sanctioned for reasons attributable to the consultant, quoted prices or
prices after applying adjustment formula as mentioned in (C) above,
whichever is favorable to the employer shall be made.

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
out of‐pocket 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 out‐of‐
pocket 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 resources,
payable from the date of such overpayment until the date of
reimbursement. If overpayment is a result of the Consultant
having been engaged in what the Employer determines to
constitute corrupt practices or fraudulent practices, the
Employer shall, unless it decides otherwise, terminate the
contract. Such action shall be in addition to any action that
the Employer may declare the Consultant ineligible for
award of further the Employer‐financed contracts.

ARTICLE VIII

Indemnity and Insurance

Section 8.01: The Consultants (a) shall take out and maintain, and shall
cause any Sub‐Consultants to take out and maintain, at their
(or the Sub‐Consultants, as the case may be) own cost but on
terms and conditions approved by the Employer, insurance
against the risks, and for the coverage, as specified in the
Section 8.02 hereunder, and (b) at the Employer’s request,
shall provide evidence to the Employer, showing that such
insurance has been taken out and maintained and that the
current premiums have been paid.

Section 8.02: The risks and the coverage’s shall be:
(1) Third Party motor vehicle liability insurance as required
under Motor Vehicle Act, 1988, in respect of motor vehicles
operated in India by the Consultants of their Personnel or
any Sub‐Consultant’s or their Personnel, for the period of
Consultancy.

(2) Third Party liability insurance, with a minimum coverage for
Rs.2 lakhs for the period of Consultancy.

(3) Employer’s liability and worker’s compensation insurance in
respect of the Personnel of the Consultants and of Sub‐
Consultant’s, in accordance with the relevant provisions of
the Applicable Law, as well as with respect to such
Personnel, any such life, health, accident, travel or other
insurance as may be appropriate.

(4) Professional liability insurance with a minimum coverage
equal to total contract value for this consultancy; and

(5) Insurance against loss of or damage to (I) equipment
purchased in whole or in part with funds provided under this
Contract, (ii) the Consultants property used in the
performance of the Services, and (iii) any documents
prepared by the Consultants in the performance of the
Services.

Section 8.03:
(a) The Consultant shall indemnify, protect and defend at
Consultant’s own expense. 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,
provided, however’

(b) In addition to any liability Consultant may have under
Section 3.01 Consultant shall, at its own cost and expense,
upon request of Employer, re‐perform the services in the
event of Consultant’s failure to exercise the skill and care
required under Section 3.01.

(c) The Consultant shall have no liability whatsoever for actions,
claims, losses or damages occasioned by (I) Employer’s
overriding a decision or recommendation of consultant or
requiring consultant to implement a decision or
recommendation with which consultant does not agree.

ARTICLE IX

Ownership of Work Product, Computer Programs and Equipment

Section 9.01: All reports, documents, correspondence, draft publications,
maps, drawings, notes, specifications, statistics, work
product in any form and technical data compiled or prepared
by the Consultant and communicated to the Employer in
performing the Services (in electronic form or otherwise and
including computer‐disks comprising data) shall be the sole
and exclusive property of the Employer, and may be made
available to the general public at its sole discretion. The
Consultant may take copies of such documents and data for
purpose of use related to the Services under terms and
conditions acceptance to the Employer, but shall not use the
same for any purpose unrelated to the Services without the
prior written approval of the Employer.

Section 9.02: All computer programs developed by the Consultant under
this Contract shall be the sole and exclusive property of the
Employer; provided, however, that the Consultant may use
such programs for their own use with prior written approval
of the Employer. If license agreements are necessary or
appropriate between the Consultant and third parties for
purposes of development of any such computer programs,
the Consultant shall obtain the Employer’s prior written
approval to such agreements. In such cases, the Employer
shall be 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 and the
personnel and use either for the Project or personnel use
shall remain the property of the consultant or the personnel
concerned, as applicable.

ARTICLE X

Disposal of Data and Equipment

Section 10.01: Upon completion or termination of the Services, the
Consultant shall:
(i) Sort and index the documents and data (including the
related software) referred to in Sections 9.01 and 9.02
hereof and transmit the same to the Employer; and

(ii) Furnish to the Employer, as the case may be, inventories of
the equipment and materials referred to in Section 9.03
hereof as it then remains, and dispose of the same as
directed by the Employer, respectively.

ARTICLE XI

Coordination

Section 11.01: The Consultant shall at all times cooperate and coordinate
with the Railway and the Employer, with respect to the
carrying out of its assignment under the project.

ARTICLE XII

Exemptions and Facilities

Section 12.01: Taxes and Duties:
(a) For Consultants/personnel who are permanent residents in
India: The consultants and the personnel shall pay the taxes,
duties, fees, levies and other impositions levied under the
existing, amended or enacted laws during life of this contract
and the Employer shall perform such duties in regard to the
deduction of such tax as may be lawfully imposed.

Section 12.02: Facilities: The Employer shall provide facilities as
detailed in Appendix D.

ARTICLE XIII

Force Majeure

Section 13.01: If either party is temporarily unable by reason of force
majeure or the laws or regulations of Republic of India to meet
any of its obligations under the Contract, and if such party
gives written notice of the event within fourteen (14) days
after its occurrence, such obligations of the party as it is
unable to perform by reason of the event shall be suspended
for as long as the inability continues.

Section 13.02: Neither party shall be liable to the other party for any loss,
actually incurred or not, or damage sustained by such other
party arising from any event referred to in Section 13.01 or
delays arising from such event.

Section 13.03: The term “force majeure” shall mean events beyond the
control of either party, which prevent the affected party from
performing and fulfilling its obligations under the Contract,
and could not have been reasonably anticipated or foreseen,
or although foreseen were inevitable, such as acts of war,
whether or not war be declared, public disorders, insurrection,
riots, sabotage, explosions, violent demonstrations, blockades
and other civil disturbances, epidemics, nuclear
contamination, landslides, earthquakes, typhoons, volcanic
eruption floods, washouts and other natural calamities and
acts of God, strikes, lock‐outs or other industrial action or
equivalent disruption or disturbances, boycotts and embargo
or the effects thereof, and any other similar events.

Section 13.04: No Breach of Contract:
The failure of a Party to fulfill 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.

Section 13.05: Extension of Time:
Any period within which a Party shall, pursuant to this
Contract complete any action or task, shall be extended for a
period equal to the time during which such Party was unable
to perform such action as a result of Force Majeure.

Section 13.06: Payments:
During the period of their inability to perform the Services as a
result of an event of Force Majeure, the Consultants shall be
entitled to continue to be paid under the terms of this
Contract as well as to be reimbursed for additional costs
reasonably and necessarily incurred by them during such
period for the purposes of the services and in reactivating the
service after the end of such period.

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 in Appendices C & D. In such event, the
Consultant shall prepare a modified budget and payment
schedule which shall take effect after approval by the
Employer, and payment shall be resumed in accordance with
the modified schedule.

ARTICLE XV

Termination

Section 15.01: Termination by the Employer:

The Employer may terminate the Contract, by not less than
thirty (30) days written notice of termination to the
Consultants to be given after the occurrence of any of the
events specified below.

a) if the consultants do not remedy a failure in the
performance of their obligations under the Contract within
thirty (30) days of receipt after being notified or within such
further period as the Employer may have subsequently
approved in writing.

b) If the Consultants become insolvent or bankrupt.

c) If as the result of Force Majeure, the Consultants are unable
to perform a material portion of the Services for a period of
not less than forty five (45) days, or.

d) If the consultant, in the judgment of the Employer has
engaged in corrupt or fraudulent practices in competing for
or in executing the Contract.

For the purpose of this clause:

“Corrupt Practice” means the offering, giving, receiving or soliciting
of anything of value to influence the action of a public official in the
selection process or in contract execution.

“fraudulent practice” means a misrepresentation of facts in order to
influence a selection process or the execution of a contract to the
detriment of the Employer, and includes collusive practice among
consultants (prior to or after submission of proposals) designed to
establish prices at artificial non competitive levels and to deprive
the Employer of the benefits of free and open competition.

e) If the Employer, in its sole discretion and for any reason
whatsoever, decides to terminate this Contract.

Section 15.02: By the Consultant:

The Consultant may terminate this Contract, by not less than
thirty (30) days written notice to the Employer, such notice
to 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) Upon receipt of any notice referred to in Section 15.01, or
upon giving of any notice under Section 15.02, the
Consultant shall take immediate steps to bring the Services
to a close in a prompt and orderly manner and to reduce
expenditures to a minimum.

(b) Unless such termination shall have been occasioned by the
default of the Consultant, the Consultant shall be entitled to
reimbursement in full for the costs specified in Section 6.05
as shall have been incurred up to the date of such
termination and for costs incident to the orderly liquidation
of the Services (including return travel of the personnel).

(c) All claims made by the Consultant under Section 15.03 (b)
shall be supported by documentation submitted to the
Employer, satisfactory in form and content to the Employer.

(d) Upon the receipt or giving of any notice referred to in
Section 15.03 (a), if the Consultant is not in default under the
Contract and has partly or substantially performed its
obligation under the Contract up to the date of termination
and has taken immediate steps to bring the Services to a
close in prompt and orderly manner, to reflect the reduction
in the Services, provided that in no event shall the
Consultant receive less than his actual costs up to the
effective date of the termination, plus a reasonable
allowance for overhead and profit.

ARTICLE XVI

Settlement of Disputes

Section 16.01 :Any dispute or difference arising out of this Contract or in
connection therewith be amicably settled between the
parties shall be finally settled under the Provisions of Rules
of Conciliation and Arbitration Act 1996 of India as amended
from time to time, by one or more arbitrators appointed in
accordance with the said Rules. The arbitration shall take
place in New Delhi, India. The resulting award shall be final
and binding on the parties and shall be in lieu of any other
remedy.

Section 16.02: Amicable Resolution

(a) Save where expressly stated to the contrary in this
Agreement, any dispute, difference or controversy of
whatever nature howsoever arising under, out of or in
relation to this Agreement of the Project Railway between
the Parties and so notified in writing by either Party to the
other (the "Dispute") in the first instance shall be attempted
to be resolved amicably in accordance with the conciliation
procedure set forth in sub‐Article (b) below.

(b) In the event of any Dispute between the Parties, either Party
may require such Dispute to be referred to a Steering Group,
consisting of one member each from the disciplines of
Engineering and Finance belonging to Rail Vikas Nigam
Limited and one member from the Consultant for amicable
settlement. Upon such reference, the said Steering Group
shall meet not later than 7 (seven) days of the date of such
request to discuss and attempt to amicably resolve the
Dispute.

(c) If the Dispute is not resolved as evidenced by the signing of
the written terms of settlement within 90 (ninety) working
days of the aforesaid notice in writing or such longer period
as may be mutually agreed by the Parties then the provisions
of Section 16.03 shall apply.

Section 16.03: Arbitration
Any Dispute, which is not resolved amicably as provided in
Section 16.02, shall be finally decided by reference to
arbitration by a panel of Arbitrators, appointed pursuant to
Section 16.02 (b). Such arbitration shall be held in
accordance with provisions of the Arbitration and
Conciliation Act, 1996 or any modification thereof. The
procedure for appointment of arbitrator is laid down as
under:

a) In the case of dispute arising between the Employer and the
Consultant who opts for the application of the Indian
Arbitration Act, 1996 related to any matter arising out of or
connected with this contract, such dispute shall be referred
to the Arbitral Tribunal consisting of 3 (three) arbitrators,
one each to be appointed by the Employer and Consultant,
from the panel of five arbitrators, forwarded by RVNL to the
contractor the third arbitrator shall be chosen by the two
arbitrators so appointed by the parties and shall act as
Presiding Arbitrator. In case of failure of the two arbitrators,
appointed by the parties to reach upon a consensus within a
period of 30 days from the appointment of the arbitrators,
upon the request of either or both parties, the Presiding
arbitrator shall be appointed by the Managing Director Rail
Vikas Nigam Limited, New Delhi. The Indian Arbitration and
Conciliation Act, 1996 the rules there under and any
statutory modification or re‐enactment thereof, shall apply
to these arbitration proceedings; or

b) If one of the parties fails to appoint the arbitrators in
pursuance of sub‐para (a) above within 60 days after receipt
of the notice of the appointment of its arbitrators by the
other party then the Managing Director Rail Vikas Nigam
Limited, New Delhi shall appoint the arbitrator.

c) All arbitration awards shall be in writing and shall state the
reasons for the award.

d) The venue of such arbitration shall be at the office of the Rail
Vikas Nigam Limited.

Section 16.04: Arbitration Awards to be Binding

(a) The Consultant and RVNL undertake to carry out any
decision or award of the arbitrators (the "Award") without
delay. Awards relating to any Dispute shall be final and
binding on the Parties as from the date they are made.

(b) The Consultant and RVNL agree that an Award may be
enforced against the Consultant and/or RVNL, as the case
may be.

(c) This Agreement and rights and obligations of the Parties
shall remain in full force and effect pending the Award in any
arbitration proceeding hereunder.

Section 16.05

(a) Fees and Expenses: The Fees and expenses of the Arbitrators
and all other expenses of the arbitration shall be borne and
paid by both Parties as determined by the Arbitrators.

Section 16.06: Performance during Arbitration

(a) Pending the submission of and/or decision on a Dispute and
until the arbitral award is published; the Parties shall
continue to perform their respective obligations under this
Agreement without prejudice to a final adjustment in
accordance with such award.

ARTICLE XVII

Variations

Section 17.01: The Contract may be varied by agreement between the
parties. All such variations shall be in writing signed by the
authorized representative of the Consultant and the
Employer.

Section 17.02: Variations:

The Employer may notify the Consultant to alter, amend,
omit, add to, or otherwise vary the Services Upto 25% of the
contract value on the same rates, terms and conditions and
the consultant shall be bound by such variations. Beyond
25% of Contract Value new rates shall be agreed between
employer and consultant. In such event, the Consultant shall
submit to the Employer an estimate for the proposed
changes in the Services within fourteen (14) calendar days of
receipt of a notice of variation.

ARTICLE XVIII

Conflict of Interest

Section 18.01: Except as the Employer shall otherwise specifically agree in
writing:

(a) Neither the Consultant, the personnel nor any subsidiary or
affiliate of the Consultant shall engage in any activities, other
than as consultant, on any future project which may emerge
from the Services;

(b) No personnel of the Consultant listed in the Staffing
Schedule shall engage, directly or indirectly, in any business
or professional activities which would conflict with the
Services.

ARTICLE XIX

Confidential Information

Section 19.01: Except with the prior written consent of the Employer, the
Consultant and the personnel shall not at any time
communicate to any person or entity any confidential
information acquired in the course of the Services, nor shall
the Consultant and the personnel make public the
recommendations formulated in the course of, or as a result
of, the Services. For purposes of this section, “confidential
information” means any information or knowledge acquired
by the Consultant and/or its personnel arising out of, or in
connection with, the performance of the Services under this
Contract that is not otherwise available to the public.

ARTICLE XX

Contractual Ethics

Section 20.01: No fees, gratuities, rebates, gifts, commissions or other
payments, other than those shown in the proposal or the
contract, have been given or received in connection with the
selection process or in the contract execution.

ARTICLE XXI

Compliance to Laws Bylaws & Regulations
Section 21.01: The Consultants shall respect and abide by all applicable
laws and regulations in force and effect as of the date hereof
and which may be promulgated or brought into force and
effect hereinafter in the Republic of India including
regulations and rules made there under as may be in force
and effect during the subsistence of this agreement. The
consultant shall use its best efforts to ensure that their
personnel and their dependents, while in India and local
employees of the consultant shall respect and abide by the
said laws and regulations.

ARTICLE XXII

Specifications and Designs

Section 22.01: The consultant shall prepare all specifications and designs
(wherever applicable) using the metric system and so as to
embody the latest design criteria. The consultant shall
specify standards which are accepted and well‐known
among industrial nations.

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.

C. APPENDICES:

APPENDIX ‐A

TERMS OF REFERENCE

(The Section 5 as negotiated and accepted)

___________________________________________________________________

APPENDIX ‐B

B‐1:‐STAFFING SCHEDULE

(Section 3 as given by the Consultant’s negotiated proposal and accepted)

B –2: PERSONNEL – SUMMARY OF INFORMATION ON PROPOSED EXPERTS

(The Form 8B as given by the consultant in his final proposal and accepted)

APPENDIX‐ C

COST ESTIMATES

(Expressed in INR)
(Cost as given in Letter of Acceptance and Details as given in Forms 14 &15)

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐

APPENDIX ‐D

SERVICES, FACILITIES AND EQUIPMENT’S TO BE PROVIDED BY THE EMPLOYER

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐

APPENDIX ‐ E

DELETED

APPENDIX ‐ F
FORM OF ADVANCE PAYMENT GUARANTEE
(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. The executing bank
shall be from a Scheduled Bank in India having a net worth of more than Rupees
Five billion)

Ref.No…………………………………….. Date………………….

To,
The Managing Director
Rail Vikas Nigam Limited,
1st Floor, August Kranti Bhawan,
Bhikaji Kama Place,
New Delhi – 110016.

Dear Sir,
Reg:‐Bank Guarantee

In consideration of Rail Vikas Nigam Limited (hereinafter referred to as the
“Employer”, which expression shall, unless repugnant to the context or meaning
thereof include its successors, administrators and assigns), having awarded to
…………. (Name of the Consultant)……………………….. (hereinafter referred to as the
“Consultants” which expression shall unless repugnant to the context or meaning
thereof, include its successors, administrators, executors and assigns), a contract
by issue of Employer’s Contract Agreement dated………… and the same having been
unequivocally accepted by the Consultant resulting in a Contract valued at ………….
for “Project management Consultancy for Construction of Roadbed, major and
minor bridges and Track Linking (Excluding supply of Rails, Thick web Switches and
line sleepers) S&T and OHE & General Electrical Work in Connection with Doubling
Between Rajgoda‐Tamluk (Junction Cabin) and S&T works for 3rd Line between
Panskura‐Kharagpur in Kharagpur Division of South Eastern Railway in the state of
West Bengal, India.” (hereinafter called the “Contract”) and the Employer having
agreed to make (scope of work) an advance payment to the consultants for
performance of the above Contract amounting to ………………………… (in words and
figures)………………………………………..……………….. as an advance against Bank
Guarantee to be furnished by the Consultants.

We, …………… (Name of the Bank) ……………, having its Head Office at (hereinafter
referred to as the “Bank”, which expression shall, unless repugnant to the context
or meaning thereof, include its successors, administrators, executors and assigns),
do hereby guarantee and undertake to pay the Employer immediately on demand
and or, all monies payable by the Consultants to the extent of ……………….. as
aforesaid at any time up to …….@*………. without any demur, reservation, contest,
recourse or project and/or without any reference to the Consultants. Any such
demand made by the Employer on the Bank shall be conclusive and binding
notwithstanding any difference between the Employer and the consultants or any
dispute pending before any Court, Tribunal, Arbitrator or any other authority, we
agree that the Guarantee herein contained shall be irrevocable and shall continue
to be enforceable till the Employer discharges this guarantee.

The Employer shall have the fullest liberty without affecting any way the liability of
the Bank under this guarantee, from time to time to vary the advance or to extend
the time for performance of the Contract by the Consultants. The Employer shall
have the fullest liberty without affecting this guarantee, to postpone from time to
time the exercise of any powers vested in them or of any right which they might
have against the Employer and to exercise the same at any time in any manner,
and either to enforce or to forebear to enforce any covenants, contained or
implied, in the Contract between the Employer and the Consultants any other
course or remedy or security available to the Employer. The Bank shall not be
relieved of its obligations under these presents by any exercise by the Employer of
its liberty with reference to the matters aforesaid or any of them or by reason of
any other act of forbearance or other acts of omissions or commission on the part
of the Employer or any other indulgence shown by the Employer or by any other
matter or thing whatsoever which under law would but for this provision have the
effect of relieving the Bank.

The Bank also agrees that the Employer at its option shall be entitled to enforce
this Guarantee against the Bank as a principal debtor, in the first instance without
proceeding against the Consultants and notwithstanding any security or other
guarantee the Employer may have in relation to the Consultants liabilities.

Notwithstanding anything contained herein above our liability under this
guarantee is limited to …………….. and it shall remain in force up to and including
…….………@*………………… and shall be extended from time to time for such period
(not exceeding one year), as may be desired by ……… (Name of the Consultant)
………

Dated this ……… day of …………… 2009 at ………………..

WITNESS …………………………
………………………. (Signature of authorized Bank Official)
(Signature) (Name)……………...

……………………... (Designation with Bank
(Name) stamp)……………….
……………………...
(Office Address) Power of Attorney (To be enclosed)
……………………. Power of Attorney
No………….Date…………..

*@ The date will be ninety (90) days after the date of completion of Contract.
D. SPECIAL CONDITIONS OF CONTRACT

(These conditions are amendments, supplements and modifications to General
Conditions of Contract (GCC) and shall supercede the GCC in interpreting the contractual
obligations)

A: Definitions: Unless the context otherwise require the following terms wherever
used in this contract shall have the following meaning:

a) ”Applicable Law” means all laws in force and effect as of the date hereof and
which may be promulgated or brought into force and effect thereafter in India,
including regulations and rules made there under, as may be in force and effect
during the subsistence of this Agreement.

b) “Contingencies” means provision for items of work which have been overlooked
or which may turn out to be necessary during the progress of the services and
price contingencies due to increase in international and domestic costs for the
person‐months rates and reimbursable.

c) “Contract” means the Contract Agreement signed by the Parties which includes
all the documents listed in clause 14 of the Contract Agreement.

d) “Effective Date” means the date on which `notice is to proceed’ given to the
consultant pursuant to clause 12 and clause 4 of the Contract Agreement.

e) “Foreign Currency” means currency of any other country other than the
currency of the Republic of India.

f) “Local Currency” means the currency of the Republic of India.

g) “Member in Charge” or “Lead Member” means the entity specified in the SCC to
act on their behalf in exercising all the Consultants rights and obligations
towards the Employer under this Contract.

h) “Party” means the Employer or the Consultants, as the case may be, and parties
means both of them.

i) “Personnel” means persons hired by the Consultants or by any sub‐consultant as
employees and assigned to the performance of the services or any part thereof.

j) “Provisional Sums” means a sum specified in the contract agreement for the
execution of any part of additional items such as, seminars, workshop etc.

k) “SCC” means the Special Conditions of Contract by which the General Conditions
of Contract may be amended or supplemented; and

l) “Services” means the work to be performed by the Consultants pursuant to this
Contract as described in Appendix A.

m) “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.

n) Consultant means the firm providing project management services to the
Employer.

o) Contractor means the firm who is executing the project for the Employer.

***
ANNEXURE ‘A’

(RELEVANT ABSTRACT OF RVNL’S HAND BOOK ON ESTABLISHMENT
MATTER)

9 TRAVELLING AND DAILY ALLOWANCE RULES

9.1 In cases of journeys from Headquarters to contiguous places like Delhi/New
Delhi to Tughlakabad, Dadri, Ballabgarh, Gurgaon, Ghaziabad, Noida,
Faridabad, i.e. within a radius of 40 km. from the Headquarters, daily
allowance is not admissible. However, actual conveyance charges as per
entitlement as mentioned in para 9.2 will be reimbursed.

9.2 Entitlement of local conveyance

Category of Employees Entitlement
E4‐E7 Actual Taxi fare
E0‐E3 Actual Auto charges/Tong/Rickshaw
S1‐S4 & W4‐W6 Actual Auto charges/Tonga/Rickshaw
W1 to W3 Public Transport

9.3 An amount equal to maximum 80% of the anticipated expanse including
TA/DA and conveyance to much use of the term etc. can be drawn as
advance adjustable from the TA/DA bill, which must be submitted within
one month after resuming duty at Headquarters. No advance on this
account will be payable to credit card holders except in the following cases:

9.3.1 For travel by train, if the train reservation is to be made by a person other
than credit card holder.
9.3.2 While traveling to smaller cities where it cannot be ensured if the hotels
will accept the payment through a credit card.

9.4 In case the tour expenditure is estimated to exceed the credit card limit,
advance to the extent of 80% of the difference of estimated expenditure
and credit card limit can be drawn.

9.5 Travel entitlements while on tour/transfer:‐

S.No. Mode Category of Employees Entitlement
(i) By Air E‐4 to E‐7 Economy. ’Y’ class
(ii) By Rail a) E‐4 and above AC 1st class

b) E‐0 to E‐3 IIAC 2 Tier Sleeper

c) S‐1 to S‐4 & AC 3 Tier
W‐4 to W‐6
S.No. Mode Category of Employees Entitlement

d) W1 to W3 IInd class/IInd class sleeper
(iii) By Road a) E‐4 and above Actual Taxi Fare

b) E‐0 to E‐3 Actual Auto
Charges/Tonga/Rickshaw or
Rs.6.00 per km.

c) S‐1 to S‐4 & Actual Auto
W‐4 to W‐6 charges/Tonga/Rickshaw or
Rs.4.50 per Km.

d) W‐1 to W‐3 Actual bus fare

Note:‐

(i) DGM ahs the full power for staff under then and DGM (independent
charge) has full power to authorize tours in Indian and sanction of
TA/DA and air/rail fare as per entitlement (As per SOP approved by
BOD dated 19.12.03).

(ii) Directors will be competent to permit the staff to travel in higher
mode of travel than the entitlement.

(iii) *Travel by trains will include Rajdhani /Shatabdi also as per
entitlement.

9.6 ENTITLEMENT OF DAILY ALLOWANCE

Category of Employees A‐1 Class cities Rs.) Other cities (Rs.)
(1) (2) (5)
ED/GM/CPM(E‐7) 500 400
AGM(E‐6) 400 300
JGM(E‐5)/DGM(E‐4) 350 275
MANAGER(E‐3) 300 250
AM(E‐2) 250 200
SR. EXECUTIVE(E‐1) 250 200
EXEC(E‐0) 250 200
/ASST.EXECUTIVE (GRP C)
GRP D 150 100

9.7 Daily allowance may be drawn for broken periods of a “Day” on the
following scales:

For absence of less than 6 hours 30%
For absence of 6 hours and more but less than 12 hours 70%
For absence of 12 hours and above 100%

9.8 For the time spent on Journey, rates of D.A. as indicated in Para 9.6 above
(for other cities) will be admissible.

9.9 Daily allowance may be drawn for the journey period and all halts on duty /
holidays occurring during the period of halt. As regards stay at intermediate
stations, only stay exceeding three hours will be treated as part of the halt
at that particular stations and daily allowance as applicable will be paid.

9.10 Or an employees is provided boarding free of cost, he will draw ¼ of the
daily allowance.

9.11 Or prolonged halt full daily allowance may be drawn for a period up to 180
days of continuous halt at any one place. Cases for payment of daily
allowance beyond the period of 180 days will be referred to Corporate
Office for decision of the competent authority.

9.12 Lodging Charges:

9.12.1 As far as possible, all employees while on tour should try to make use of
lodging arrangements in “Guest Houses”/Rest Rooms owned and managed
by Railways/Central Government/Public sector Enterprises and other
Government sectors. In cases, where such accommodation is not available
or special exigencies of work so demand, hotel/private lodge
accommodation may be utilized, within the prescribed ceiling. These are
admissible only where night stay is involved and the employee is on
approved programme.

9.12.2 Upper ceiling for lodging:

Category and scale Upper ceiling for lodging charges
of the employee
A1 Class Cities (Rs.) A Class Cities (Rs.) Other places (Rs.)
(I) (II) (III) (IV)
ED/GM/CPM (E‐7) 10000 9000 7500
AGM(E‐6) 7500 6000 5000
JGM(E‐5)/ DGM(E‐ 6000 5000 4000
4)
MANAGER(E‐3)/ 3000 2500 2000
AM(E‐2)
SR. EXECUTIVE(E‐ 2000 1500 1000
1)/
EXEC(E‐0)/ASST.
EXECUTIVE(GRP C)
GRP D 500 300 200

Note:
The above rates of accommodation are exclusive of taxes and surcharges.

9.12.3 In the case of “Guest House” accommodation, actual charges will be
reimbursed subject to above entitlements.

9.12.4 When the employee makes his/her own arrangements for lodging, he/she
can may claim 25% of entitlement subject to above entitlements.

9.12.5 In case of Guest House accommodation and also where an employee makes
his/her own arrangements for lodging, he/she will invariably mention the
complete description/address of the place of his/her stay in the T.A. Claims.

9.12.6 Actual lodging charges paid by the employees for the stay in hotel/Guest
House will be reimbursed subject to the ceiling as notified from time and on
production of receipts.

9.12.7 Wherever ITDC Hotels are available should be preferred. The concession in
the tariff available in some hotels, including ITDC must be availed of the
employees. Also in case there are negotiated rules fixed by the company
with various hotels, these rates will apply.


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RVNL/Kol/RGA‐TMZ

RAIL VIKAS NIGAM LIMITED

3.0 SITE FACILITIES FOR THE EMPLOYER AND THE ENGINEER

Project Director of RVNL 16

Total “A” 122

Common Area/Verandah @10% of “A” above 12.2

GRAND TOTAL 134

3.3 FURNITURE AND OTHER OFFICE EQUIPMENT

Description of Item Nos.

3.4.2 Road Transport

(b) The Contractor shall employ and make available competent

(e) A suitable replacement shall be provided by the contractor for

3.4.3 Number of Vehicles

TRAVERA, INOVA or similar 1

TATA SUMO, BOLERO/SCORPIO or 7

3.4.3.2 The vehicle requirement given in para 3.4.3.1 above is the

3.4.3.3 Duration of Transport Requirements

Watchmen / Security (3 shifts of 2 men in a shift, till the defect

Note: In case of delay beyond Two month, penalty @ Rs 5000/-

3.6 EQUIPMENT FOR USE OF THE ENGINEER.

(a) Computers- two nos.

(b) Printers – 2 nos. (A4 size – 1 No. and A3 size – 1 No.

(C) LARGE FORMAT PLOTTER ONE NO HP Model C6084A (3800CP 54

(d) Application software

(e) Colour scanner- 1 no. A3 size.

(b)The following manuals will be supplied with the system:

15 years, with at least 5 years as Project In‐

S.N Qualification Resident Engineer/S&T

S. No. Description Page No.

Sr. BR.NO EX.SPAN PR .Span Type

1 25 1x4.57mFT 1 x 4.57m x 4m RCC Box

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