tender document (volume i, ii & iii) july 2011 ... railway corporation limited (a government of...

KONKAN RAILWAY CORPORATION LIMITED

(A Government of India Undertaking)

TENDER DOCUMENT (Volume I, II & III)

JULY 2011

(Technical Bid)

(Volume I/III)

TENDER FOR DESIGN CONSULTANCY, SITE SERVICE & 3 D

MONITORING OF TUNNELS T6, T9, T10, T11, T12, T13, T14, T15 & T16

ON KATRA- DHARAM SECTION OF UDHAMPUR – SRINAGAR -

BARAMULLA NEW BG RAILWAY LINE PROJECT, J&K STATE

CORPORATE OFFICE KONKAN RAILWAY CORPORATION LTD, 5th FLOOR, BELAPUR BHAVAN, CBD – BELAPUR, NAVI MUMBAI (MAHARASHTRA) 400 614

HEAD OFFICE KONKAN RAILWAY CORPORATION LTD, HEAD OFFICE USBRL PROJECT, NORTHERN RAILWAY COMPLEX, GALADANI, NARWAL ROAD, JAMMU – 180 004 (J&K).

PROJECT OFFICE

KONKAN RAILWAY CORPORATION LTD, PROJECT OFFICE USBRL PROJECT REASI JYOTIPURAM ROAD REASI – 182 311, (J&K).

1 Konkan Railway Corporation Ltd. Signature of Tenderer

General Forms Consultancy –T6, T9, T10, T11, T12, T13, T14, T15 & T16

TABLE OF CONTENT

Sl. No. Description Page No.

1 Table of content 1 - 5

2 Tender Document Issue Sheet 6 - 7

3 Notice Inviting Tender (NIT) 8 - 9

4 General Information 10 - 11

5 Tender Form (Form of Bid) 12 - 14

6 Abstract Form (Mandatory) 15 - 16

7 Instructions to Tenderer/s

18

(A) GENERAL 18

1.0 Introduction 18

2.0 Description of the project 18

3.0 Brief Scope of work 18 - 19

4.0 Brief about Bid 19

5.0 Eligibility Criteria 19

5.1 General 19

5.2 Technical Eligibility Criteria 19 - 20

5.3 Financial Eligibility Criteria 20 - 21

5.4 Eligible Tenderer/s 21

6.0 Availability of Bid Documents 22

7.0 One Bid per Tenderer 22

8.0 Cost of Bidding 22

9.0 Site Visit 22 - 23

(B) BIDDING DOCUMENTS

10.0 Content of Bidding Documents 23

11.0 Pre-bid meeting 23 - 24

12.0 Amendment of Tender Documents 24

(C) PREPARATION OF BID

13.0 Language of Bid 24

14.0 Bid Prices 24 - 25




15.0 Taxes and Duties 25

16.0 Currencies of bid and payment 25

17.0 Period of validity of the tender 25

18.0 Earnest Money Deposit (EMD) 25 - 26

19.0 Forfeiture of Earnest Money 26-27

20.0 Return of Earnest Money 27

21.0 Identity of Tenderer 27

22.0 Joint Venture/Consortium 27 - 28

(D) SUBMISSION OF BIDS

23.0 Signing of all Bid papers and Completing Bill of Quantities 28 - 29

24.0 Understanding and Care in Submission of tender 29-30

25.0 Documents to be submitted by tenderer/s 30 - 33

26.0 Submission of Tender 33 - 34

27.0 Deadline for submission of tender 34

(E) BID OPENING AND EVALUATION

28.0 Opening of the tender 34

29.0 Withdrawal of tender 34

30.0 Preliminary Examination of Bids 34 - 35

31.0 Clarification of the Bids 35

32.0 Negotiations 35

33.0 Disqualification 35 - 36

34.0 Canvassing 36

35.0 Right of KRCL to deal with Tenderers 36

(F) AWARD OF CONTRACT

36.0 Award of Contract 36 - 37

37.0 Execution of Contract Agreement 37

38.0 Form of Contract Documents 37




8 DELIVERABLES & SERVICES 38

1.0 Objective 39

2.0 Scope of work

39 - 65

3.0 Stages of deliverables 65

4.0 Design

65 - 66

5.0 Instructions to be followed by design consultant while providing services

66 - 67

6.0 Design Life

67

7.0 Design support and site services

67

8.0 Design Submissions / Approval / Review Procedures 67

9.0 Submission of Design Calculations

67 - 68

10.0 Sets of Design/Reports to be Submitted by Design Consultant

68

11.0 Meetings during the Consultancy Services 68

12.0 Professional Independence

69

13.0 Location of design consultants office 69

14.0 Design Team 69

9 Bar Chart (T6, T9, T10, T11, T12, T13, T14, T15 & T16)

70 - 78

10 GENERAL CONDITIONS OF CONTRACT 79 - 80

11 SPECIAL CONDITIONS OF CONTRACT 81

1.0 Definitions 82 - 85

2.0 Interpretation

85

3.0 Obligations of Design Consultant

85 - 86

4.0 Information 86

5.0 Decisions 86

6.0 Assistance 86

7.0 Establishment of office for DC 86

8.0 Defect Liability Period 86 - 87

9.0 Payment of Bills 87

10.0 Language of law

87

11.0 Copyright

87




12.0 Expenses towards contract agreement 87

13.0 Change of address of Consultant 87 - 88

14.0 Royalties and patent rights 88

15.0 Delays and Extension of Contract Period 88 - 89

16.0 Publicity 89

17.0 Official Secrets Act 1923 89

18.0 Dissolution of Consultant’s Firm 89

19.0 Local Geology of the work site/terrain 89

20.0 Duties and Powers of Engineer-in-charge’s Representative 89

21.0 Priority of Documents and specifications 90

22.0 Insurance 90

23.0 Performance Guarantee 91

24.0 Security Deposit 91 - 92

25.0 Price Variation 92

26.0 Quantity Variation 92

LABOUR

27.0 Consultant to indemnify Corporation 92

28.0 Claims on account of violation of Labour laws 92 - 93

29.0 Employees Pension Scheme 93

30.0 Engagement of local labour, land oustees, transporter and other service facilitators

93

ARBITRATION AGREEMENT

31.0 Settlement of Disputes 94

32.0 Standing Arbitral Tribunal 94 - 96

33.0 Settlement through Court 97

12 APPENDICES 98

Appendix - 1 Tenderer’s Information 99

Appendix – 2A,2B & 2C

Statement of Civil Engineering Design Consultancy in NATM for Rail/Road Mined Tunnels Executed/completed during last 7 years immediately preceding the current financial year plus the current financial year” i.e., upto date of opening of tender

100 - 102




Appendix – 3 Total Consultancy Amount Received 103

Appendix – 4 List of Key Personnel/Engineers proposed to be deployed on this project

104

Appendix – 5 Format of Curriculum Vitae (CV) for Proposed Key Personnel / Engineers

105

Appendix - 6 Litigation History 106 - 107

Appendix - 7 Undertaking by Tenderer 108

Appendix - 8 Affidavit by Tenderer 109

Appendix - 9 Joint Venture/Consortium Agreement 110 - 113

Appendix - 10 Proforma for extension of time in terms of Liquidated damages

114

Appendix - 11 Certificate of Familiarization 115

Appendix - 12 Affidavit 116

Appendix - 13 Agreement for Work 117 - 119

Appendix - 14 Guarantee Bond for Performance Bank Guarantee 120 - 122

Appendix - 15 Self Evaluation sheet 123

Appendix - 16 Status of Tunnel Works (T6 to T16) 124

Appendix - 17 Geology along tunnel (T6 to T16) 125 - 126

Appendix - 18 Codes and Specification 127- 128

13 ANNEXURE

Annexure – A1

Proposed approach on understanding and comprehension of work involved, inclusive of site investigation and pre-design activities, and timeframe thereon.

129

Annexure – A2

Proposed approach plan including methodology proposed 130

Annexure – A3

Proposed draft quality plan 131

Annexure – A4

In-house design facilities, and plan for their deployment at home office / Project Office

132

Annexure – A5

Task list of deliverables and delivery dates and the persons responsible for performing the deliverable (separately for design and site service)

133

Annexure – A6

Organizational Chart 134



Tender Document Issue Sheet



KONKAN RAILWAY CORPORATION LIMITED (A GOVERNMENT OF INDIA UNDERTAKING)

TENDER DOCUMENT ISSUE SHEET

NAME OF WORK : Tunnel Design Consultancy, Site Service and 3D Monitoring

of Tunnels T6, T9, T10, T11, T12, T13, T14, T15 & T16

between on Katra - Dharam Section of USBRL Project.

TENDER NOTICE NO. : KR/PD/J&K/HO/Tender/ DDC/ Tunnels T6 -T16/3/2011 dtd. 27.07.2011

DATE OF ISSUE OF : TENDER DOCUMENT Sl. NO. OF TENDER FORM : ISSUED TO (NAME AND ADDRESS OF TENDERER) : DD NO. AND ISSUING BANK : DATE OF PRE-BID MEETING : 24.08.2011 at 15:00 Hrs. LAST DATE OF RECEIPT : 16.09.2011 at up to 15.00 Hrs. OF TENDER DOCUMENT SIGNATURE OF KRCL OFFICIAL :



Notice Inviting Tender (NIT)



NOTICE INVITING TENDER (OPEN TENDER)

KONKAN RAILWAY CORPORATION LTD. (A Government of India Undertaking)

Head Office USBRL Project, Northern Railway Complex, Galadani, Narwal Road, Jammu 180 004.

Tel: - +91-191-2100161/2100165 Fax No. +91-191-2475325. TENDER NOTICE NO. : KR/PD/J&K/HO/Tender/ DDC/ Tunnels T6 -T16 /3/2011 dtd.27.07.2011

OPEN TENDER (GLOBAL) TWO PACKETS SYSTEMS

Sealed tenders (Technical & Financial) are invited from experienced & reputed Consultants for Tunnel Design Consultancy, Site Service and 3D Monitoring of Tunnels T6, T9, T10, T11, T12, T13, T14, T15 & T16 between Katra - Dharam Section of USBRL Project, in State of Jammu & Kashmir, India.

1. Name of work: Tunnel Design Consultancy, Site Service and 3D Monitoring of Tunnels

T6, T9, T10, T11, T12, T13, T14, T15 & T16 between on Katra - Dharam Section of USBRL Project.

2. Approx. Cost of the work: INR 180.94 million. 3. Cost of Tender Form: i) For sale from office:- Demand Draft of INR 11,250/- (INR

Eleven Thousand Two Hundred Fifty only) drawn in favour of Dy. FA & CAO, Konkan Railway Corporation Ltd. Payable at Jammu.

INR 500/- (INR Five Hundred Only) extra for sending tender document by post/courier in India.

ii) For downloaded from website:- The cost of tender document (INR 11,250/- downloaded from KRCL website www.konkanrailway.com will have to be deposited along with tender document in the form of Demand Draft drawn in favour of Dy. FA & CAO, Konkan Railway Corporation Ltd. Payable at Jammu.

4. Address for purchase of Tender Form: Office of the General Manager (Projects),

Konkan Railway Corporation Ltd., Head Office USBRL Project Northern Railway Complex, Galadani, Narwal Road, Jammu 180 004. Tel: - +91-191-2100161/2100165 Fax No. +91-191-2475325.

5. Earnest Money: INR 1.05 million 6. Completion period of the work : 42 Months 7. Submission of Tender : 16.09.2011 up to 15.00 hrs 8. Opening of Tender : 16.09.2011 @ 15.30 hrs For further details please visit www.konkanrailway.com

(The path for the tender document: KRCL web →Tenders → Tenders → Live Tenders → Projects → J&K Region)

Date : 27.07.2011 General Manager (Projects) Place : Jammu (J&K) For Konkan Railway Corporation Ltd



General Information



GENERAL INFORMATION

Tender Notice No. KR/PD/J&K/HO/Tender/ DDC/ Tunnels T6 -T16 /3/2011 dtd.27.07.2011

Name of the work Tunnel Design Consultancy, Site Service and 3D Monitoring of Tunnels T6, T9, T10, T11, T12, T13, T14, T15 & T16 on Katra - Dharam Section of USBRL Project.

a) Approximate cost INR 180.94 million.

b) Completion period 42 months from the date of issue of letter of acceptance

c) Earnest Money INR 1.05 million (INR One million Fifty Thousand Only) only valid for a period not less than 180 days from date of opening of tender (Technical Bid).

d) Date and time of issue of tenders

Between 9:15 hrs. to 17:45 hrs. on all working days from 29-07-2011 to 08-09-2011

e) Cost of Tender Form (Non-refundable)

i) For sale from office:- Demand Draft of INR 11,250/- (INR Eleven Thousand Two Hundred Fifty only) drawn in favour of Dy. FA & CAO, Konkan Railway Corporation Ltd. Payable at Jammu. INR 500/- (INR Five Hundred only) extra for sending tender document by post/courier in India. ii) For downloaded from website:- The cost of tender document (INR 11250/-) downloaded from KRCL website www.konkanrailway.com will have to be deposited along with tender document in the form of Demand Draft drawn in favour of Dy. FA & CAO, Konkan Railway Corporation Ltd. Payable at Jammu.

f) Date and time of submission of Tender

Before 15.00 hrs. of 16-09-2011

g) Date and time of pre-bid meeting

15.00 hrs. on 24-08-2011.

h) Date and time of opening of Tenders (Technical Bids only)

15.30 hrs. of 16-09-2011

i) Venue for item (d), (f) (g) & (h) above.

Office of the General Manager (Projects), Konkan Railway Corporation Ltd., Head Office USBRL Project, Northern Railway Complex, Galadani, Narwal Road, Jammu 180 004.

i) Validity of Offer 120 days from date of opening of tender (Technical Bid)



Tender Form (Form of Bid)




TENDER FORM (FORM OF BID)

The General Manager (Projects), Konkan Railway Corporation Ltd., Head Office, Head office USBRL Project, Northern Railway Complex, Galadani, Narwal Road, Jammu 180 004. Tel: - +91-191-2100161/2100165 Fax No. +91-191-2475325.

I/We ______________________________________________________ [Name and address of the tenderer] have read the various terms and conditions of the tender documents attached herewith and hereby agree to abide by the said conditions. I/We also agree to keep this tender open for acceptance for a period of 120 days from the date fixed for opening the same and in default thereof I/We will be liable for forfeiture of my/our Earnest Money. I/We offer to do the works relating to Tender No. KR/PD/J&K/HO/Tender/ DDC/ Tunnels T6 -T16/3/2011 dtd. 27.07.2011. Name of work: Tunnel Design Consultancy, site services and 3D Monitoring of Tunnels T6, T9, T10, T11, T12, T13, T14, T15 & T16 between on Katra - Dharam Section of USBRL Project. I/We hereby bind myself/ourselves to complete the works within the time schedule specified in the conditions of tender.

I/We also hereby agree to abide by the provisions contained in the Northern Railway Engg. Deptt. Works Hand Book 1999 Part I & II so far as they are not in conflict with subject to the terms, conditions by the Corporation and to carry out the work according to specifications for materials and works laid down by the Corporation for the present Contract.

I/We undertake to abide by the policies of the Govt. of India issued from time to time as may be applicable to the consultancy contract. I/We hereby declare that I/We shall deploy experienced personnel for various categories as mentioned in tender document to the entire satisfaction of Engineer-in-Charge of the Konkan Railway Corporation Limited. The Abstract Form (Mandatory) duly filled in as required, is enclosed.

A sum of INR 1.05 million is herewith forwarded as Earnest Money Deposit in the form of __________________________. The full value of Earnest Money Deposit (EMD) shall stand forfeited without prejudice to any rights or remedies the Konkan Railway Corporation Limited may be entitled to if: I/We fail to keep the offer open for a period of 120 (One Hundred Twenty) days from the date fixed for opening the tender or resile from my/our offer or modify the terms and conditions thereof in a manner not acceptable to the Konkan Railway Corporation Limited.

OR

I/We do not execute the contract agreement documents within Thirty days after the receipt of acceptance letter/letter of intent issued by Konkan Railway Corporation Limited that such documents are ready.

OR



I/We do not commence the work within thirty days after the receipt of orders to that effect.

OR In accordance with any other provision of clause 19 of Instructions to Tenderers.

Until a formal contract agreement is prepared and executed, Letter of acceptance issued for this tender constitute binding contract between me/us subject to modifications as may be mutually agreed to between me/us and indicated in the letter of acceptance of my/our offer for this work.

SIGNATURE OF TENDERER(S)

DATE:

ADDRESS:

SEAL: SIGNATURE OF WITNESSES

1. 2.



ABSTRACT FORM (MANDATORY)

1. Name of Tenderer :_____________________________________________________________________________

2. Cost of Tender Document : INR 11,250/- DD No, Date, Bank on which drawn ______________________________

3. Earnest Money Deposit : INR 10,50,000/- No. of Deposit Receipts, Pay orders or demand drafts, Date, Bank on which drawn

______________________________________________________________________________________________________

4. Technical Eligibility :Road /Railroad mined tunnel NATM Tunnel

Technical Capacity Part 1

A. Cl no. 5.2.1 Length (m) _________________

B. Cl. No. 5.2.5 Cross Sectional area (pay line) (m2) __________________

C. Name of work for (A) and (B) above _________________________________

Year of Completion: _____________________________________

Reference Page no of documentary proof:____________________


A. Cl no. 5.2.2 Over burden (m) _________________

B. Name of work for (A) above _________________________________






A. Cl no. 5.2.3 Soft strata patches (m) _________________

B. Name of work for (A) above _________________________________



5. Financial Eligibility:

A. Clause 5.3.1: Total cumulative contract amount received (INR): ____________________________

B. Reference Page no of documentary proof:____________________

Note: (1) The consultant shall submit separate sheet for each JV partner.

(2) Failure in submission of this sheet with requisite details filled in shall make the tender liable for rejection.

(3) Tenderers already shortlisted by KRCL for Civil Engineering Design consultancy for tunnels in NATM category based on their qualifications in

Expression of Interest (EOI) stage need not fill up sr. no. 4 and 5 above (Refer clause 5.4.5 of Instructions to Tenderers).

Signature and seal of Tenderer


Instructions to Tenderers Consultancy –T6, T9, T10, T11, T12, T13, T14, T15 & T16

Instructions to Tenderer/s



INSTRUCTIONS TO TENDERER/S

A. GENERAL

1.0 Introduction: Konkan Railway Corporation Ltd (KRCL) is a Central Public Sector Enterprise under the Ministry of Railways. KRCL has registered office at New Delhi and Corporate Office at CBD Belapur, Navi Mumbai. Hereinafter, KRCL may also be referred as Corporation or Employer. Head office for the USBRL project is located at Northern Railway Complex, Jammu and project office is at Reasi in State of J&K.

2.0 Description of the Project: 290 kms of Udhampur-Srinagar-Baramulla Rail Link (USBRL) Project is being constructed by Indian Railways as National Project in the State of Jammu & Kashmir. The Railway Board, Government of India has entrusted the construction of Katra-Dharam (72.91 Km) Section of USBRL project to KRCL through Northern Railway. A Contract Agreement has been executed between KRCL and Northern Railway on 9th August 2005 whereby the design and construction of new BG Rail link from Katra (Excluding) –Dharam (including) between km 30 to km 100.868 has been entrusted to KRCL and KRCL is executing this project in terms of above agreement on behalf of Northern Railway. The works are already in progress at various portions of the alignment. As a part of this project under the present tender, it is proposed to award the work for Tunnel Design Consultancy, Site Services and 3D monitoring of Tunnels T6, T9, T10, T11, T12, T13, T14, T15 & T16 on Katra - Dharam Section of USBRL Project. The project alignment traverses through young Himalaya, which are steeply sloping. The regional geology and tectonic framework of the area indicates that the region is capable of generating earthquake of severe intensity. The area falls in seismic zone-V of Indian Standard seismic zoning map of the country. The J&K State climatically is distinctly divided in three parts namely the Jammu region, the valley region and the Leh-Ladakh region. The climate in the project area for most parts of the year is temperate. During the winter season depending upon the amount of snowfall on the high mountains surrounding the valley the minimum temperature drops down below zero degree. The rainfall in the project is affected by western disturbances from December to May. March is generally the wettest month and November is the driest. KRCL now invites for Tunnel Design Consultancy with NATM including rigid support design, site services and 3D monitoring of balance tunneling work of Tunnels T6, T9, T10, T11, T12 and new tunnels T13, T14, T15 & T16 between on Katra - Dharam Section of USBRL Project. The contracts for these tunnels for the balance length of tunnel (except tunnels T13, T14, T15 & T16) have already been awarded. Special conditions and BOQ of these construction tenders are enclosed in Volume II/III. Earlier these works had been so far executed with conventional tunnelling (rigid support system) method using steel ribs, concrete lining, RCC lagging and backfill concrete etc.

The present status of tunnels T6, T9, T10, T11, T12, T13, T14, T15 & T16 is enclosed as Appendix -16 (page 124-129).

3.0 Brief Scope of work:

3.1 The detailed scope of work envisaged through present tender for tunnels T6, T9, T10, T11, T12, T13, T14, T15 & T16 is mentioned in Cl. No. 2.0 of Deliverables and Services (Terms of Reference) read along with following but not limited to same.



3.2 Recommendations and approvals for cross section for tunnels T6, T9, T10, T11, T12, T13, T14, T15 & T16 (As per requirement and site conditions).

3.3 Design of tunnels T6, T9, T10, T11, T12, T13, T14, T15 & T16 (methodology, support system, etc) for different type of strata.

3.4 Design of tunnel portals (support system & construction methodology etc.)

and slope stabilization near portal for T6, T9, T10, T11, T12, T13, T14, T15 & T16 (as per site specific requirements).

3.5 Preparation of additional item requirement in existing execution contracts in

T6, T9, T10, T11 & T12 if any.

3.6 Design of junction of new NATM tunnel with existing tunnels as above, alongwith other services.

3.7 Rehabilitation scheme for failed tunnel supports / portals

3.8 Other functional aspects of the tunnels T6, T9, T10, T11, T12, T13, T14, T15

& T16 including but not confined to drainage, fire protection etc.

3.9 Construction methodology with specific reference to schedule of completion of tunnel.

3.10 All associated works required to complete the tunnel in all respects.

3.11 Design support during construction.

3.12 Site services for all construction activities,

3.13 3D monitoring with consultant’s instruments- instillation, analysing and design

update.

4.0 Brief about Bid:

4.1 General: The Tenderer/s shall submit the bid in full compliance of the requirements stipulated in the Tender Document.

4.2 Completion Period: The completion period of the services shall be 42 months from the date of issue of Letter of Acceptance.

4.3 The clause numbers cross referred to in the text of the clauses, unless

otherwise indicated shall mean the clauses of the same chapter.

5.0 Eligibility Criteria

5.1 General: It shall be based upon the Consultant meeting with all the criteria regarding technical capability and competence and financial capability including having adequate organizational resources and other stipulations of Tender.

5.2 Technical Eligibility Criteria

5.2.1 The Consultant should have completed the Civil Engineering Design Consultancy in NATM of atleast one similar work (as defined in cl. 5.2.5) to the extent of 2000m in length during last 7 years immediately preceding the current financial year plus the current financial year” i.e., upto date of opening of tender (hereinafter referred as “technical capacity” part 1),

5.2.2 The Consultant should have completed the Civil Engineering Design Consultancy in NATM of atleast one tunnel work with minimum 500 m



overburden during last 7 years immediately preceding the current financial year plus the current financial year” i.e., upto date of opening of tender (hereinafter referred as “technical capacity” part 2),

5.2.3 The Consultant should have completed the Civil Engineering Design

Consultancy in NATM of atleast one tunnel work with minimum two soft strata patches of minimum 50 m length during last 7 years immediately preceding the current financial year plus the current financial year” i.e., upto date of opening of tender (hereinafter referred as “technical capacity” part 3),

5.2.4 In the case of a Joint Venture,

5.2.4.1 the “technical capacity part 1” of the lead partner of

JV/Consortium shall not be less than 51% of cl. 5.2.1 above. Similarly, the same of each of other partners (excluding lead partner) shall not be less than 20% of cl. 5.2.1 above.

5.2.4.2 The arithmetic sum of individual “technical capacity part 1” of all the members of the JV shall be taken as JV/Consortium’s “technical capacity part 1” to satisfy the requirement of clause no. 5.2.1 above

5.2.4.3 The lead partner or any of the JV constituent shall satisfy the

requirements of the “technical capacity part 2 & 3 as per clause no. 5.2.2 & 5.2.3 above.

Note: i) Portion of completed work done by a Member in an earlier partnership firm or a JV firm shall be reckoned only to the extent of the concerned member’s share in that partnership firm/JV firm for the purpose of satisfying his compliance of the above mentioned technical eligibility criteria in the tender under consideration.

5.2.5 Similar work:

Road/railroad mined tunnel, of minimum 50 Sq.m cross sectional area (pay line).

5.2.6 The Tenderer shall submit necessary proof in the form of valid

documents/completion certificates from the respective principal clients in support of their technical capability. The client’s certificate should inter- alia indicate the date of award, scheduled date of completion, actual date of start and completion, length of tunnel, maximum overburden, soft strata patches, methodology of tunnel execution, excavated cross sectional area of tunnel as per Appendix 2A, 2B & 2C.

5.2.7 Certificates from private individuals for whom such works are

executed/being executed shall not be accepted.

5.3 Financial Eligibility Criteria 5.3.1 The total cumulative contract amount received by the Consultant for

the consultancy during last 7 years immediately preceding the current financial year plus the current financial year” i.e., upto date of opening of tender (hereinafter referred as “financial capacity”) should be atleast INR 300 Million.

5.3.2 In the case of a Joint Venture, the “financial capacity” of the lead partner of JV/Consortium shall not be less than 51% of cl. 5.3.1



above. Similarly, the same of each of other partners (excluding lead partner) shall not be less than 20% of cl. 5.3.1 above.

5.3.2.1 The arithmetic sum of individual “financial capacity” of all the members shall be taken as JV/Consortium’s “financial capacity” to satisfy the requirement of clause no. 5.3.1 above.

Note : 1. Contractual payment received by a Member in an earlier JV firm shall be reckoned only to the extent of the concerned member’s share in that JV firm for the purpose of satisfying compliance of the above mentioned financial eligibility criteria in the tender under consideration.

2. Following documents will be relied upon for working out the total

contract amount received by the tenderer:

i. Attested copy of Annual Income Tax Returns filed with Income Tax Department,

ii. Attested copy of Tax deducted at Source (TDS) certificate, iii. Attested copy of Audited Balance Sheet duly certified by

Chartered Accountant, iv. Attested Certificates from Employers/Clients about

contractual payment received for the work done.

5.4 Eligible Tenderer/s

5.4.1 The invitation for bids is open for all Consultant/s satisfying the eligibility criteria as defined in clause No. 5.2 & 5.3 above and who are not disqualified by following sub clauses 5.4.2 to 5.4.4.

5.4.2 Consultant/s, who is under a declaration of ineligibility for corrupt and fraudulent practices, shall not be eligible to bid.

5.4.3 Consultant/s who are not eligible as per Govt. of India directives/ policies/circulars/guidelines etc.

5.4.4 Consultant/s who have been associated in the past, directly or indirectly, with the consultant or any other entity that has prepared the specifications and other documents for this consultancy tender for the tunnels under the scope of work. A firm and any of its affiliates that have been engaged by the employer to provide consulting services for the preparation of design, specifications or for supervision of this tender shall not be eligible to bid.

5.4.5 KRCL had already shortlisted “Civil Engineering Design Consultants for tunnels” in NATM category based on their qualifications in Expression of Interest stage. Their Technical & Financial Eligibility Criteria as per Clause 5.2 & 5.3 above shall not be evaluated once again, if they participate with the same name of firm/Joint Ventures. They are required to submit approval letter issued by KRCL for shortlisting for tunnel consultancy at EOI stage. However, these consultants are required to submit the tender document as per the tender conditions with all other details except Appendix 2 A, 2B, 2C & Appendix 3.

The consultants, who are not qualified for the NATM category in EOI stage, may also participate in this tender for Civil Engineering Design Consultancy. They are required to submit the details as per the eligibility criteria 5.2 & 5.3 above along with all other details, as per the tender conditions.



6.0 Availability of Bid Documents

6.1 The tender documents will be issued from 9:15 hours to 17:45 hours on all working days from 29-07-2011 to 08-09-2011 on receipt of a request letter on the firm’s letter head duly authorizing and attesting the signature of the person to whom the same is to be delivered. The said request letter should be accompanied with a Demand Draft of INR 11,250/- (INR Eleven Thousand Two Hundred Fifty only) drawn in favour of Dy. FA & CAO, Konkan Railway Corporation Limited payable at Jammu towards the cost of the tender document, which shall not be refunded. An amount of INR 500/- (INR Five Hundred Only) shall be charged extra if request is made to send the tender document by post/courier in India. Konkan Railway Corporation Limited shall not be held responsible for any postal/courier delay if any in the delivery of the documents or non-receipt of the same.

6.2 Tender documents are also available on Konkan Railway web site

www.konkanrailway.com and the same can be downloaded and used as tender document for submitting the offer. The cost of tender documents as indicated in clause 6.1 above will have to be deposited by the tenderer/s in the form of a Demand Draft drawn in favour of Dy. FA & CAO, Konkan Railway Corporation Ltd. payable at Jammu along with tender document. This amount should not be included in the Earnest Money. The Demand Draft should be submitted in the separate envelope duly superscribing “Demand Draft towards cost of Tender Documents” and submitted along with tender (Refer clause 25.3 also). In case, tender is not accompanied with the cost of the tender documents as detailed above, tender will be summarily rejected.

6.3 Tenderer/s can download tender documents at his/their own risk and cost, for the purpose of perusal as well as for using the same as tender document for submitting their offer. Master copy of the tender document will be available in the Office of the General Manager (Projects), Konkan Railway Corporation Ltd., Head Office, USBRL Project, Northern Railway Complex, Galadani, Narwal Road, Jammu 180 004. Tel: - +91-191-2100161/2100165 Fax No. +91-191-2475325. In case of any discrepancy between the tender documents downloaded from internet and the master copy, later shall prevail and will be binding on the tenderers. No claim on this account will be entertained.

7.0 One bid per Tenderer

7.1 Each Tenderer shall submit only one bid for a tender.

7.2 In the event of a firm, being a constituent of a JV, participates in more than

one bid, all bids participated by such firm shall be disqualified (Refer clause 22.1.2).

8.0 Cost of Bidding

8.1 The Tenderer shall bear all costs associated with the preparation and

submission of the bid including site visit and the Employer will in no case be responsible or liable for these costs regardless of the conduct or the outcome of the bidding process.

9.0 Site visit

9.1 The Tenderer shall obtain all information that may be necessary for preparing the bid and entering in to the contract for consultancy works.

9.2 Two days site visit for all prospective tenderers will be organized on 17-08-2011 & 18-08-2011. The tenderers or their authorized representatives must report to the office of Dy.CE/Roads and Tunnels/Kauri, Konkan Railway Corporation Limited, NAC, Building, Near BhimGarh Fort, Reasi- J&K, Pin- 182311, Fax.-+91-1991-245259, Tel.-+91-1991-245271, Cell no.-



09419156805 / 09596743910, e-mail: [email protected] at Reasi at 09:00 hrs on 17-08-2011, from where, the team will proceed for site visit. It is in the interest of the Tenderer/s to participate in the site visit to have an overall idea of the project site. In case any Tenderer does not participate in the site visit, he is strongly advised to visit the site subsequently on his own before quoting his rates.

9.3 The visit to site shall be at the Tenderer/s own expense.

B. BIDDING DOCUMENTS

10.0 Content of Bidding Document

10.1 The bidding document include the following:

Volume – I/III (Technical Bid) • Tender Document Issue Sheet • Table of contents • Notice Inviting Tender • General Information • Tender Form (Form of Bid) • Instructions to Tenderer/s • Deliverables & Services (Terms of Reference) • General Conditions of Contract • Special Conditions of Contract • Appendices – 1 to 18 & Annexures A1 to A6.

Volume II/III Tender Drawings, Special Conditions of Contract & BOQ for T6, T9, T10,

T11, T12 tunnel contracts. Volume – III/III (Financial Bid)

• Schedule of Items, Rates and Quantities (Bill of Quantities)

10.2 Except where specifically stated otherwise in the tender documents, the work

is to be carried out in accordance with General Conditions of Contract, 1999 of Northern Railway wherein the term ‘Railway” shall mean “Konkan Railway Corporation Limited” and the term “General Manager” shall mean “Managing Director”.

10.3 Copies of the General Conditions of Contract, 1999 of Northern Railway can be obtained from the office of General Manager (Projects), Konkan Railway Corporation Limited, Head office- USBRL Project, Northern Railway Complex, Galadani, Narwal Road, Jammu 180 004, Tel :- (0191) 2100161 Fax No. (0191) 2475325, on payment as under:

i)

N. Railway, Works Hand Book Part I (Regulations for tenders and Contracts) & Part II (General Conditions of Contract), 1999

Rs.100/-

11.0 Pre-bid meeting

11.1 The Tenderer or his official representative is invited to attend a pre-bid

meeting which will take place at office of the Office of the General Manager (Projects), Konkan Railway Corporation Ltd., Head Office USBRL Project, Northern Railway Complex, Galadani, Narwal Road, Jammu 180 004 on 24-08-2011 at 15:00 hrs.



11.2 The purpose of the meeting is to clarify the queries of the Tenderer/s.

11.3 The Tenderer is requested to submit their queries in writing to reach the employer not later than 17.00 hrs. on 22-08-2011.

11.4 Minutes of the meeting, including the text of the questions raised (without identifying the source of query) and the responses given will be uploaded on the same website on which the bidding documents are uploaded.

11.5 If required, a corrigendum to tender documents will be issued based on the decisions taken by KRCL in the pre-bid meeting and will be uploaded on the same website and the same shall become the integral part of the tender document.

12.0 Amendment of Tender Documents

12.1 At any time prior to the deadline for submission of bids, Employer may for any reason whether at its own initiative or in response to any request by any prospective Tenderer amend the bidding documents by issuing addendum or/and Corrigendum, which shall become an integral part of the Tender documents. The amendment shall be advised to all the known prospective Tenderer/s. The last corrigendum if any, shall be issued, 10 (Ten) days before the last date of submission of the tender. All tenderers especially the tenderer/s downloading the tender documents from website shall make an endeavor to recheck and track down the Corrigendums if any upto 10 (Ten) days prior to the last date of submission of tenders. No claim of lack of intimation or knowledge of the Corrigendum will be entertained. The tenderer/s shall take due care in submission.

12.2 The following terms as and where referred to in this tender document shall

mean the same.

a) Addendum slip b) Correction slip c) Amendment slip d) Addendum and Corrigendum slip

These slips are issued in consecutive serial numbers.

C. PREPARATION OF BID

13.0 Language of Bid

13.1 Tender and all accompanying documents shall be in English. Original tender document shall be submitted duly signed alongwith tender. In case any document/certificate is in other language, it shall be accompanied by English Translation duly authenticated by the appropriate authority, which shall prevail in the matter/interpretation.

14.0 Bid prices

14.1 The contract shall be for the complete scope of works as described in clause

3.0 of this section and further elaborated in clause no. 2.0 of Terms of Reference and based on the priced Bill of Quantities submitted by the Tenderer and as accepted by KRCL.

14.2 The tenderer shall quote his rates in following form: i) Cost of work exclusive of taxes in India, ii) Cost of work inclusive of applicable taxes in India,

14.3 The tenderer/s shall quote single percentage rate for the items mentioned in

Schedule (Annexure B1 & Annexure B2) in figures as well as in words in the space provided in schedule.



14.4 The rates shall be quoted in figures as well as in words. If there is variation between the rates quoted in figures and in words, the rates quoted in 'words' shall be taken as correct.

14.5 Corrections, if any, shall be made by crossing out the wrong entry, rewriting and signing with date.

14.6 The financial offer shall take into account all expenses and tax liabilities.

14.7 The total amount indicated in the financial offer shall be without any condition attached or subject to any assumptions and shall be final and binding. In case any assumption or condition is indicated in the Financial Tender, it shall be considered non responsive and liable to be rejected.

14.8 As regards subsequent fluctuations in taxes due to enactment legislation in India, the same will be reimbursed by KRCL in case of upward revision and in case of downward revision the same will be deducted from sum payable to Consultant. However, if any new taxes and duties are imposed under Indian laws, after the date of opening of tender, the same will be reimbursed by KRCL.

15.0 Taxes and duties

i) In terms of Income Tax Act 1961, KRCL shall at the time of arranging payments to the Consultant, be entitled to deduct income tax at source at the prevailing rates.

ii) The deductions towards income tax to be made at source from the

payments due to the non-residents shall continue to be governed by Income Tax Act, 1961.

iii) In terms of notification made in the finance bill- 2006 with its amendments, no Service Tax is payable for service provided in any part of J&K State by service provider residing in J&K or outside the State of J&K.

iv) All taxes/duties/Statutory levies applicable in India at the time opening of the tender is the responsibility of the tenderer, whether included in the price bid or not. The taxes/duties/ Statutory levies included in the price bid by the tenderer will not be paid if the same is not applicable.

16.0 Currencies of bid and payment

16.1 The unit rates and the prices shall be quoted by the Tenderer entirely in

Indian Rupees (INR).

17.0 Period of validity of the tender

17.1 The validity of the offer shall be 120 days (One Hundred Twenty Days) from the date of opening of the tender.

17.2 Notwithstanding the above clause, Employer may solicit the tenderers

consent to an extension of the validity period of the tender. The request and the response shall be made in writing.

18.0 Earnest Money Deposit (EMD)

18.1 The Tenderer shall be required to deposit an amount of INR 1.05 million

(INR One million Fifty Thousand Only) towards earnest money with the tender for the due performance with the stipulation to keep the offer open till such date/period as specified in the tender, under the conditions of tender.



18.2 The tenderer must furnish the Earnest Money as indicated in Notice Inviting Tender for the work as specified. Tender received without Earnest Money in the prescribed form and value as specified in the tender document shall be summarily rejected.

18.3 The Earnest Money of the requisite amount shall be submitted in the following forms (Clause No. 18.3.1 to 18.3.3):

18.3.1 Deposit receipts, pay orders or demand drafts executed by State Bank of India or any of the Nationalized Banks or by a Scheduled Bank listed by Reserve Bank of India.

18.3.2 The earnest money of the requisite amount is required to be

submitted in favour of Dy. FA & CAO, Konkan Railway Corporation Ltd., payable at Jammu.

18.3.3 EMD instruments shall be valid for minimum 150 (One Hundred

Fifty) days from the date of opening the tender (Technical bid).

18.4 Any request for recovery of EMD for the present tender from outstanding bills shall not, under any circumstances, be entertained. Also, Earnest Money submitted for any other tender(s) in KRCL shall not be adjusted or entertained against present tender.

18.5 Konkan Railway Corporation Limited shall not be responsible for depreciation

that may happen to the earnest money while in Corporation's possession nor will be liable to pay interest thereon. However, interest which accrues on EMD instruments such as Deposit Receipts shall not be retained by Corporation.

18.6 In case of Joint Venture, normally EMD shall be submitted only in the name

of the JV and not in the name of constituent member. However, in exceptional cases EMD in the name of lead partner can be accepted subject to submission of specific request letter from lead partner stating the reasons for not submitting the EMD in the name of JV and giving written confirmation from the JV partners to the effect that the EMD submitted by the lead partner may be deemed as EMD submitted by JV firm.

19.0 Forfeiture of Earnest Money

19.1 The Earnest Money of the tenderer is liable to be forfeited if: i) the tenderer withdraws his tender during the period of tender validity

specified in Clause No.17.0 of Instruction to Tenderers or extended validity period as agreed to in writing. It shall be understood that the tender documents have been sold/issued to the tenderer and the tenderer is permitted to tender in consideration of stipulation on his part, that after submitting his tender he will not resile from his offer or modify the terms and conditions thereof in a manner not acceptable to the Corporation, or

ii) the tenderer has furnished misleading/wrong or fraudulent information/documents, or

iii) the successful tenderer fails to sign the Contract Agreement in accordance with the terms of the tender, or

iv) the successful tenderer fails to furnish Performance Guarantee in accordance with the terms of the tender, or



v) the successful tenderer fails to commence the work within the time period stipulated in the tender, or

vi) The successful tenderer, in case of JV fails to comply with provisions of clause no. 22.1.6, 33.1 and 36.4.

20.0 Return of Earnest Money

20.1 The Earnest Money of the unsuccessful tenderers shall be returned as promptly as possible. In case of JV, EMD shall be refunded through a financial instrument in the name of JV only.

20.2 The Earnest Money of the successful tenderer will be returned after

submission of Performance Bank Guarantee of requisite amount and signing of Contract agreement. EMD submitted in the name of JV or Lead partner shall be refunded through a financial instrument in the name of JV or lead partner as the case may be.

21.0 Identity of tenderer

21.1 Tenderer/s should specifically and fully disclose in their respective tenders, their respective constitutions and submit along with tender, attested Photostat copies of documents like partnership deed, Articles and Memorandum of Association, Certificate of incorporation etc. If a tenderer is a Sole Proprietary firm, HUF, it should be specifically mentioned so. In case of partnership firm and limited company, it should be stated whether the same is registered under the Indian Partnership Act 1932 or Company Act 1956 respectively. The name and address of all the partners of the firm should be fully disclosed. Konkan Railway Corporation Limited shall always have the liberty to demand production of the original of the said documents and also to make such further and other requisitions regarding the constitution of the tenderer as may be considered necessary.

21.2 International Tenderer/s/Partners of a JV/Consortium shall obtain requisite

attestation or Notarization from their respective Embassies in India or Ministry of External Affairs of the Country of incorporation of the partners or constituent firms.

21.3 In case of a JV, separate identity/name shall be given to the Joint Venture firm. The Joint Venture Firm shall produce attested copies of all the agreements inter-se the partners of the Joint Venture Firm.

21.4 Where the Tenderer is a single entity registered or incorporated in a country other than India, or where the lead partner of the JV Tenderer is incorporated or registered outside India, it shall be required to establish and maintain during the currency and maintenance period of the contract, an establishment in India for the purpose of execution and implementation of the contract. The establishment should be in accordance with laws applicable in India.

22.0 Joint Venture/Consortium

22.1 If the work is tendered by Joint venture/Consortium,

22.1.1 Number of members in a JV firm shall not be more than three.

22.1.2 A member of JV firm shall not be permitted to participate either in individual capacity or as a member of another JV firm in the same tender. (Refer Clause 7.0 also)

22.1.3 The tender form shall be purchased and submitted only in the name

of JV firm and not in the name of any constituent member.



22.1.4 One of the members of the JV firm shall be the lead member of the

JV firm who shall have a majority (at least 51%) share of interest in the JV firm. The other members shall have a share of not less than 20% each.

22.1.5 Approval for change of constitution of JV firms shall be at the sole discretion of the Employer (KRCL). The constitution of the JV firm shall not be allowed to be modified after submission of the tender bid by the JV firm except when modification becomes inevitable due to succession laws etc. and in any case the minimum eligibility criteria should not get vitiated. In any case the Lead Member should continue to be the Lead Member of the JV firm. Failure to observe this requirement would render the offer invalid.

22.1.6 Similarly, after the contract is awarded, the constitution of JV firms

shall not be allowed to be altered during the currency of contract except when modification become inevitable due to succession laws etc and in any case the minimum eligibility criteria should not get vitiated. Failure to observe this stipulation shall be deemed to be breach of contract with all consequential penal action as per contract conditions.

22.1.7 On award of contract to a JV firm, a single Performance Guarantee

shall be required to be submitted by the JV firm as per tender conditions. All the Guarantees like Performance Guarantee etc. shall be accepted only in the name of the JV firm and no splitting of guarantees amongst the members of the JV firm shall be permitted.

22.1.8 No member of the Joint Venture firm shall have the right to assign or

transfer the interest or right or liability in the contract without the written consent of the other members and that of the employer (KRCL) in respect of the said tender/contract.

22.1.9 The Joint Venture/Consortium Agreement should state that all partners shall jointly and severally be responsible for the execution of the contract.

22.1.10 The duration of joint agreement/consortium shall be upto the date of completion of consultancy works plus one year beyond that. If the original date of completion is extended for the reasons beyond the control of consultant, the duration shall be extended upto the subsequent date of completion and one year beyond that.

D. SUBMISSION OF BIDS

23.0 Signing of all Bid papers and Completing Bill of Quantities

23.1 Each page of the tender documents, drawings including addendum,

corrigendum issued (if any) and all documents required for fulfilling eligibility criteria, schedule of rates/price bid are to be signed in original and dated with company seal in original by the tenderer/s or such person/s on his /their behalf who is/are holding the Power of Attorney and legally authorized to sign for him/them. (Also refer clause 25.3.25 to 25.3.28). Enclose original Power of Attorney or attested copy of the same as listed at Cl.25.3.20).

23.2 In case of a Joint Venture, Joint Venture Members shall authorize one of the members on behalf of the Joint Venture firm to deal with the tender, sign the agreement or enter in to contract in respect of the said tender, to receive



payment, to witness joint measurement of work done, to sign measurement books and similar such action in respect of the said tender/contract. All notices/correspondences with respect to the contract would be sent only to this authorized member of the JV firm and shall be due and adequate service thereof to the Joint Venture Firm.

23.3 Tenderers are advised not to make any corrections, additions or alterations in

the original tender documents. If tenderer makes any correction in his own entries, the same shall be initialed and stamped by him. If this condition is not complied with, tender is liable for rejection.

23.4 Offers shall not be qualified with any conditions. Conditional offers shall be

summarily rejected without giving any reasons.

24.0 Understanding and Care in Submission of tender

24.1 Before submitting the tender, the tenderer will be deemed to have satisfied himself by his actual inspection of the site, climatic condition records from state government and/or Indian Meteorological Department and the locality of the works that all conditions liable to be encountered during execution of the works are taken into account. The tenderer shall assess the relevant working conditions by his own field survey, alignment details and interpretation of all geological/geo-technical information available including information (if any) provided in the tender documents for guidance. A plea of the Tenderer of inability to acquaint himself as above or any reason whatsoever will not be permissible. Tenderer should ensure that the rates quoted by the tenderer in the tender schedule are adequate and all inclusive for the completion of works to the entire satisfaction of the Engineer-in-charge.

24.2 The tenderer must obtain for himself on his own responsibility and his own

cost all the information including risks, contingencies & all other circumstances in execution of the work which may influence or affect the tender. He shall also carefully read and understand all his obligations & liabilities given in tender documents.

24.3 The tenderer should clearly read and understand all the terms and

conditions, specifications, drawings and other information, etc. mentioned in the original tender documents. If the tenderer has any observations, the same may be brought up in pre-bid meeting. If the Tenderer does not place any issue for clarification or otherwise in the pre-bid meeting or raise it before the pre-bid meeting it would be presumed that the Tenderer has clearly read and understood contents of all the tender documents.

24.4 It shall be understood that every endeavor has been made to avoid any error which can materially affect the basis of the tender and the successful tenderer shall take upon himself and provide for the risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof.

24.5 Submission of a tender by a tenderer implies that he had read all the tender

documents including amendments if any, visited the site and has made himself aware of the scope and specifications of the work to be done, local conditions and other factors having any bearing on the execution of the work.

24.6 The tenderer/s is/are advised to submit all necessary authentic data with

necessary supporting certificates for the various items as per tender conditions in one go with the tender i.e. Technical Bid. For incomplete submission, tenderer/s shall remain responsible and the offer is liable for rejection. The Tenderer is expected to examine all instructions, terms, conditions, forms, specifications and other information in the bidding



documents. Failure to furnish all information required by the bidding documents or submission of a bid not substantially responsive to the bidding documents (Refer clause 30.0) in every respect will be at the Tenderer’s risk and his bid is liable for rejection.

25.0 Documents to be submitted by tenderer/s

25.1 Tenderer/s shall note that original tender documents (all pages including drawings), addendum, corrigendum/ Corrigendum cum Addendum issued (if any) should be submitted intact without detaching any pages at the time of submission of tender.

25.2 Tenderer/s has to submit all the documents required as per tender conditions at the time of submission of Tender. Documents submitted for any other tender(s) or submitted for any other purpose and available with KRCL will not be entertained or considered against present tender.

25.3 The documents required under the tender conditions for submission along

with the tender are listed below. The tenderer/s are advised to examine the various conditions and submit their offer with following details. The consultants who have been shortlisted in EOI stage as mentioned in cl.no. 5.4.5 of this section shall submit all the information/ documents except item no. 25.3.3, 25.3.4 and 25.3.21 below.

25.3.1 Earnest Money Deposit.

25.3.2 Tenderer/s Information Appendix – 1.

25.3.3 Statement of Civil Engineering Design Consultancy in NATM for

Rail/Road Mined tunnels works completed during last 7 years immediately proceeding the current financial year plus the current financial year i.e., upto date of opening of tender. Appendix – 2 A, 2B, & 2C.

25.3.4 Consultancy Amount received during last 7 years immediately

preceding the current financial year plus the current financial year i.e., upto date of opening of tender Appendix - 3

25.3.5 List of Key Personnel/Engineers proposed to be deployed on this

project along with CVs Appendix- 4

25.3.6 Curriculum Vitae (CV) for Proposed Key Personnel / Engineers- Appendix – 5

25.3.7 Litigation History Appendix- 6

25.3.8 Undertaking by Tenderer Appendix – 7

25.3.9 Affidavit by Tenderer/ JV partners Appendix – 8

25.3.10 Joint Venture/Consortium Agreement. Appendix –9

25.3.11 Proforma for extension of completion date Appendix – 10

25.3.12 Certificate of Familiarization duly filling the blank spaces

Appendix 11

25.3.13 Affidavit in case of downloading the tender from website - Appendix 12

25.3.14 Understanding and comprehension of work involved as Annexure A1.

The details should contain:



i) Approach to data collection ii) Preliminary insight and suggestions regarding alignment,

schedule, Tunneling methods iii) Preliminary insight and suggestions regarding Cost issues,

environment etc. 25.3.15 Approach Plan including methodology as Annexure A2 proposed

for carrying out the services covered in terms of reference with special reference to time schedule of completion of Tunnel.

The details should contain:

i) General Design approach ii) Approach to Alignment issues iii) Approach to investigations iv) Approach to pre design v) Approach to tunnel design and update vi) Approach to Construction management vii) Approach to time schedule viii) Environmental issues

25.3.16 Draft quality plan (Annexure A3 ) : A draft Quality Plan

containing sufficient information to demonstrate compliance with ISO 9001 principles and outlining all procedures to be developed for the Contract Quality Plan

25.3.17 Details of design facilities available at home office and to be setup at site office. (Annexure A4)

25.3.18 Schedule – A task list of deliverables and delivery dates Annexure A5

25.3.19 Description of responsibilities of each key personnel etc. as per the requirements given in clause technical package as Annexure – A6.

The overall 4 key positions as per clause no. 2.5.1 of TOR (Page 55-57) are as under: i) Project Head ii) Deputy Project Head iii) Senior Geologist iv) Deputy Geologist

25.3.20 Original notarized power of attorney or attested copy of the

same for signing the tender documents.

25.3.21 Attested copies of certificates issued by principal clients for completed works

25.3.22 Tender document duly signed & stamped in all pages (Volume I, II

& III)

25.3.23 BOQ duly filled in all respects

25.3.24 Self Evaluation Sheet Appendix 15

25.3.25 Documents to be enclosed by the JV firm along with the tender :

25.3.25.1 In case one or more of the members of the JV firm is/are partnership firm(s), following documents shall be submitted

a) Notary certified copy of the Partnership Deed,



b) Consent of all the partners to enter into the Joint Venture Agreement on a stamp paper of appropriate value (in original).

c) Power of Attorney (duly registered as per prevailing

law) in favour of one of the partners to sign JV Agreement on behalf of the partners and create liability against the firm.

25.3.25.2 In case one or more of the members is/are Proprietary Firm or HUF, the following documents shall be enclosed:

a) Affidavit on Stamp Paper of appropriate value declaring that his Concern is a Proprietary Concern and he is sole proprietor of the Concern OR he is in position of “KARTA” of Hindu Undivided Family and he has the authority, power and consent given by other partners to act on behalf of HUF.

25.3.25.3 In case one or more of the members is/are limited

companies, the following documents shall be submitted :

a) Notary certified copy of resolutions of the Directors of the Company, permitting the company to enter a JV agreement, authorizing MD or one of the Directors or Managers of the Company to sign JV Agreement, such other documents required to be signed on behalf of the Company and enter into liability against the company and/or do any other act on behalf of the company.

b) Copy of Memorandum and articles of Association of the Company.

c) Power of Attorney (duly registered as per prevailing law) by the Company authorizing the person to do/act mentioned in the para (a) above.

25.3.25.4 All the members of the JV shall certify that they have not been black listed or debarred by Railways or any other Ministry/Department of the Govt. of India/State Govt. from participation in tenders/contract on the date of opening of bids either in their individual capacity or the JV firm or partnership firm in which they were/are members / partners.

25.3.26 In case of sole proprietorship, an affidavit of sole proprietorship and if

the tender is signed by any other person, Power of attorney by the sole proprietor in favour of Signatory shall be submitted along with tender.

25.3.27 In case of Partnership, if tender is not signed by all the partners, Power of Attorney in favour of the signatory authorizing him to sign the documents shall be submitted along with tender. The person signing the documents should also have a specific authority to refer disputes with the partnership firm to arbitration.

25.3.28 In case of a Company, copy of the Board Resolution authorizing the

signatory to sign on behalf of the Company shall be submitted along with tender.



25.3.29 Cost of tender document in the form of Demand Draft as per clause no. 6.0 of Instructions to Tenderers, if tender is downloaded from Konkan Railway web site.

Note: The relevant documents shall be submitted in the form of Two Packets in accordance with Notice Inviting tender and Instructions to tenderer/s.

26.0 Submission of Tender

26.1 The tender documents shall be submitted in two separate wax sealed packets viz.

26.1.1 Packet-I containing Technical Bid (Volume-I/III of tender document along with submissions of tender, volume II/III of tender document consisting of tender drawings, Special Conditions of construction contract and BOQ of T6-T12). The documents as per cl no. 25 above except Bill of Quantities are to be submitted in “Technical Bid”.

26.1.2 Packet-II containing Tender Document (Volume-III/III) i.e Financial Bid. Bill of Quantities with price in the space provided in the schedule of financial bid duly filled shall be submitted. All duties, taxes and other levies payable by the Consultants under the contract, or for any other cause shall be quoted separately in the space provided in schedule.

26.2 Technical bid shall be sealed in separate packet as above and superscribed as “Technical Bid-Packet-I”. Similarly financial bid shall also be sealed in separate packet as above and superscribed as “Financial Bid - Packet-II”.

26.3 Completed tender documents sealed in two packets viz. “Technical Bid — Packet-I” and “Financial Bid-Packet-II’ as described in para 26.1.1 & 26.1.2 above shall be sealed in a larger envelope superscribing the name of the work as stated above.

In addition a sealed envelope (superscribing “Earnest Money for the work”) containing the Earnest Money in the form as prescribed in the tender documents and another sealed envelope (superscribing “ Cost of Tender document”) in case tender document down loaded from website shall also be submitted along with Packet I in this sealed larger envelope.

26.4 The financial bid, clearly labeled ‘Financial Bid’ will comprise:

26.4.1 The prices entered in the Schedule should include all costs associated with the contact and everything related with the execution of contract. These will cover remuneration for staff, equipment, survey etc. The financial proposal should be submitted strictly in the enclosed formats and forms enclosed in this tender document as per financial Bid.

26.4.2 The prices shall be quoted in INR against the respective components in Schedule.

1. The total amount indicated in the financial offer shall be without any condition attached or subject to any assumptions and shall be final and binding. In case any assumption or condition is indicated in the Financial Tender, it shall be considered non responsive and liable to be rejected.

26.5 The completed tender documents sealed in two packets as stated above shall be sealed in larger envelope and deposited in the tender box at KRCL’s



office at the address given in Notice Inviting Tender (NIT) Sr No. 4 before 15:00 hours on 16-09-2011 In case it is not possible to put the tender offer in the tender box, the same can be submitted to Tender section at the address given in Notice Inviting Tender (NIT) Sr No. 4 of these documents, before 15:00 hrs. on 16-09-2011.

26.6 Tenders duly sealed in the prescribed manner as mentioned above can also be sent through Registered Post/Speed Post/Courier so as to reach in this office not later than the time and date of depositing of tenders. Any tender offer received later than the time and date of depositing of tenders shall not be accepted.

27.0 Deadline for submission of tender

27.1 The tender duly filled must be received by Employer at the address specified

not later than the date and time mentioned in the Notice Inviting Tender. Late and delayed tenders shall not be accepted and will be summarily rejected.

27.2 Employer may at its discretion extend the deadline for submission of the bids

at any time before the time of submission of the bids lapses.

E. BID OPENING AND EVALUATION

28.0 Opening of the tender (Technical Bids)

28.1 Tenders shall be opened (Technical Bids only) at 15:30 hours on 16-09-2011 in the presence of the tenderer/s or their authorized representatives intending to attend the opening.

28.2 The Financial (price) bids of tenderer/s whose technical bids are qualified shall only be opened. The time and date of opening of financial bids shall be intimated to all the qualified tenderer/s in the technical bid. The Financial Bid shall be opened in the presence of the tenderer/s or their authorized representatives intending to attend the opening.

28.3 In case the date of tender opening happens to be a holiday, the tender will be opened on next working day at the same time and place.

28.4 Tenderers or their authorized representatives who are present shall sign in

register in evidence of their attendance.

28.5 Tenderer’s name, presence or absence of requisite Earnest Money, total cost of work quoted or any other details as Employer may consider appropriate will be announced and recorded at the time of bid opening.

29.0 Withdrawal of tender

29.1 No tender can be withdrawn after submission and during tender validity period. Please note the provisions of clause No. 19.0 above.

30.0 Preliminary Examination of Bids

30.1 Employer shall determine whether each bid is of acceptable quality, is generally complete and is substantially responsive to the bidding documents. For purposes of this determination, a substantially responsive bid is one that conforms to all the terms, conditions and specifications of the bidding documents without material deviations, objections, conditionality or reservation. A material deviation, objections, conditionality or reservation is one;

30.1.1 That affects in any substantial way the scope, quality or performance of the contract.

30.1.2 That limits in any substantial way, inconsistent with the bidding



documents, the Employers’ rights or the successful Tenderer’s obligations under the contracts; or

30.1.3 Whose rectification would unfairly affect the competitive position of other Tenderer/s who are presenting substantially responsive bids.

31.0 Clarification of the Bids

31.1 To assist the examination, evaluation and comparison of the tenders, Employer may at his discretion ask the tenderers for any clarifications as considered essential. All such correspondence shall be in writing and no change in price or substance of the tender shall be sought or permitted. The above clarification for submission of the details shall form part of the tender and shall be binding on tenderer.

31.2 Evaluation and comparison of bids will purely be done on the basis of credentials submitted alongwith tender and no further correspondence in this regard will be entertained.

32.0 Negotiations

32.1 KRCL reserves the right to negotiate the offer submitted by the tenderer to bring down the rates to a reasonable level. The tenderer called for negotiations shall be required to furnish the following form of declaration before commencement of negotiation:

“I ______________________________________________do declare that in the event of failure of contemplated negotiations relating to Tender No. ____________________________________________ dated _____________ my original tender shall remain open for acceptance on its original terms and conditions”

32.2 The tenderer must note that during negotiations, rates can only be reduced and not increased by the tenderer. In case the tenderer introduces any new condition or increases rate, his negotiated offer is liable for rejection and the original offer shall remain valid and binding on him.

33.0 Disqualification

33.1 Tenderer/s may note that even if they meet the eligibility criteria as given above they are liable for disqualification, if the tenderer or any of the members of joint venture (JV)/consortium have: 33.1.1 given misleading or false information in the forms, statements and

attachments submitted; or

33.1.2 records of poor performance during the last 5 years ending 31.03.2011 and upto the date of application such as abandoning the work/s, rescinding of contract for which the reasons are attributable to non-performance of the consultant and inordinate delays in completion of completed/ongoing works; or

33.1.3 consistent history of litigation of the firm or any of the constituents in case of JV/consortium, reasons for which are attributable to the firm or any of the members of JV/consortium; or

33.1.4 financial failure due to bankruptcy etc.

33.2 If the tenderer, as individual or as a partner of partnership firm, expires after

the submission of his tender but before award of work, the KRCL shall deem such tender as invalid.



33.3 If it is found at any time after finalization of tender, that any tenderer/s had furnished misleading/wrong or fraudulent information/documents, such case will attract criminal proceedings and work will be terminated. Security Deposit shall be forfeited and the Performance Guarantee shall be encashed. Balance work will be carried out independently.

34.0 Canvassing

34.1 No tenderer is permitted to canvass to Employer on any matter relating to this tender or create illegal circumstances for the acceptance of this tender. The bid of any tenderer doing so, is liable for rejection at any stage. KRCL reserves the right to forfeit their EMD as clause 19.0.

35.0 Right of KRCL to deal with tenderers

35.1 The authority for acceptance of the tenders shall rest with the Corporation. KRCL reserves the right to postpone the tender submission/opening date and to accept/reject any or all tenders without assigning any reasons thereof without any compensation to the tenderer/s or cancel the entire tender process without assigning any reasons and without compensation to the Tenderers. KRCL’s assessment of suitability as per eligibility criteria shall be final and binding. It shall not be obligatory on the Corporation to accept the lowest tender or any other tender / tenders. The Corporation reserves the right to discharge the tender/s in full or in part without assigning any reason for the same. The tenderers shall have no claim for damages / compensation in the event of such non-acceptance as the case may be. Corporation also reserves the right to accept the tender in whole or in part or to divide the tender amongst more than one tenderer if deemed necessary.

F. AWARD OF CONTRACT

36.0 Award of Contract

36.1 Employer/Engineer shall notify the successful tenderer in writing by a Registered Letter/Courier/Speed Post or per bearer that his tender has been accepted.

36.2 Employer shall send two copies of Letter of Acceptance (LOA) out of which

one shall be returned by the Consultant to the employer with clear endorsement of “Unconditionally Accepted” with Authorized Signatory of Consultant on each page of LOA with Company/firm’s stamp/seal.

36.3 Letter of Acceptance after it is signed by the Consultant in token of his acceptance shall constitute a legal and binding contract between Employer/Engineer and the Consultant till such time the contract agreement is signed.

36.4 In case of JV/partnership firms, on issue of LOA, an agreement among the members of the JV firm/partnership firms (to whom the work has been awarded) has to be executed and got registered before the Registrar of the Companies under Companies Act or before the Registrar/ Sub-Registrar under the Registration Act, 1908. This agreement shall be submitted by the JV firm /partnership firms to KRCL before signing the contract agreement for the work. In case the tenderer fails to observe/comply with this stipulation, the full Earnest Money Deposit (EMD) shall be forfeited and other penal actions due shall be taken against partners of the JV/partnership and the JV/ partnership firms. This joint venture agreement shall have, inter-alia, following clauses:



36.4.1 Joint and several liability: The members of the JV firm to which the contract is awarded, shall be jointly and severely liable to the Employer (KRCL) for execution of the project in accordance with General and Special Conditions of Contract. The JV members shall also be liable jointly and severely for the loss, damages caused to KRCL during the course of execution of the contract or due to non execution of the contract or part thereof.

36.4.2 Duration of the Joint Venture agreement: The joint Venture shall be deemed to be valid and subsisting during the entire currency of the contract including the period of extension if any and the maintenance period after the work is completed

36.4.3 Governing Laws: The Joint venture Agreement shall in all respect

be governed by and interpreted in accordance with Indian Laws.

36.5 The joint venture/consortium agreement shall be submitted on Standard Proforma, which is a part of this tender document. (Appendix – 9)

37.0 Execution of Contract Agreement 37.1 After award of work, an agreement will be drawn up. The agreement

shall be prepared based on the master copy available in the office of General Manager (Projects) and not based on the tender documents submitted by the tenderer. The Parties shall enter into Contract Agreement within 30 (Thirty) days after the consultant receives the Letter of Acceptance, unless they agree otherwise. The stamp duty of Contract Agreement shall be borne by KRCL. The proforma of the agreement is enclosed at Appendix - 13.

37.2 Necessary copies of the contract documents shall be signed by the

competent authority of KRCL and authorized representative of consultant and one copy given to the consultant.

38.0 Form of Contract Documents

38.1 Contract shall be complete in respect of the documents it shall constitute.

These instructions to the tenderers shall be deemed to form a part of the tender documents.


Deliverables & Services (TOR) Consultancy –T6, T9, T10, T11, T12, T13, T14, T15 & T16

DELIVERABLES & SERVICES (TERMS OF REFERENCE)



DELIVERABLES & SERVICES (TERMS OF REFERENCE)

1.0. Objective

The objective of this tender is consultancy, Design, site services and 3D Monitoring for the construction of tunnels namely T6, T9, T10, T11, T12, T13, T14, T15 & T16 with NATM/Rigid support system.

The scope of design services will consist of NATM/ Rigid Support Design of tunnels T6, T9, T10, T11, T12, T13, T14, T15 & T16 including, but not limited to the following:

• Detailed tunnel design including tunnel cross section design, structural design, design review and support during construction with NATM /Rigid Support approach.

• Detailed design of Drainage, fire protection as per fire safety norms etc.

• Construction methodology with specific reference to schedule of completion of tunnel.

• Design of all associated civil works required to complete the tunnel in all respects,

• Providing and manning all required instrumentation for 3D Monitoring connected with tunneling.

• Site services for all construction activities with reference to the period of completion of the tunnel.

The standards of output required from the appointed consultants have to be of internationally accepted standards both in terms of quality and adherence to the agreed time schedule.

2.0. Scope of work

2.1. The scope of services will be for NATM /Rigid Support tunnels. The details of each tunnel are as under:

Table A: Tunnels where tunnel execution contract is existing.

* As at the time of invitation of this tender

Tunnel No. & Name

From (km.)

To (km.)

Total length of

tunnel (m)

Executed length of

tunnel (m) *

Balance length of

tunnel (m) *

Cross Section proposed for balance portion to be

mined (NATM /Rigid Support)

T6 51.935 55.400 3465 1630, D- shape

1835

• Elliptical shape

T9 55.555 56.025 470 --- 470

• Elliptical shape

T10 56.239 57.249 1010.00 600.08 D- shape

409.92 • Elliptical shape

T11 57.296 58.126 830.00 303 D- shape


T12 58.198 60.336 2138.00 104.75 D- shape




Table B: Tunnel where tunnel execution contract is yet to be awarded

* OR as per advice of design consultant to be appointed through this tender.

Note: The chainages mentioned above are tentative.

2.1.1.1. Scope of Tunneling work from T6 (Approx. length 3465m) • Excavation completed: 1630m (main tunnel) and 400m (Adit) • Balance Length to be excavated: 1835m

Sl. Description of item

1 Studying and reviewing previous geological, geotechnical records and reports, available designs & drawings, present tunnel Contract provisions, and status, schedule of dimensions, applicable Indian Codes and statutory requirements, study of already excavated length of tunnel (approx. 1630m), inspection of area encompassing the scope of work of tunnel T6 with specific requirement of consultancy work under this item and submission of Appraisal Report with Consultant’s team, material, consumables, tools and plant etc. for the acceptance of KRCL.

Following are the deliverables for item no.-1 A) Appraisal Report: a) Brief background of the tunnel:

• Details of work done so far, • Consultant’s assessment of the Geological conditions, construction work done with

reference to durability and suggestions thereof, b) Requirement of Geo-technical and geological investigations to be arranged by KRCL

along with BOQ and cost thereof, c) Identification of relevant design codes and standards, manuals, standard drawings,

specifications, d) Methodology and design philosophy for balance work of excavated portion of tunnel, e) Review of Quality Assurance Plan of construction contract. f) Review of instrumentation arrangements and recommendations for requirements. g) Design Basis Note (DBN), methodology and design philosophy for unexcavated portion of

tunnel (approx 1835m) with: • General Arrangement Drawing (GAD), • Longitudinal Section, • General Cross sections, • Preliminary design of primary and secondary supports,

h) Advising solutions to tackle geological and techno-commercial issues for the tunnel work done prior to appointment of consultant.

Tunnel No. & Name

From (km.)

To (km.)

Total length of

tunnel (m)

Executed length of

tunnel (m)

Balance length of

tunnel (m)

• Cross Section proposed for balance portion to be mined (NATM /Rigid Support)

T13 60.657 61.009 2171 --- 2171 • Elliptical shape *






2 Detailed designs and drawings of the tunnel portal (T6P2) and adjoining retaining structures with consultant’s team, material, consumables, tools and plant etc for the acceptance of KRCL.

Following are the deliverables for item No. 2: a) Pre-final designs and drawings of the tunnel portal (T6P2), b) Pre-final designs and drawings of the retaining walls/wing walls/return walls, c) Submission of final design & drawings for items listed in (a) & (b) above based on the

observations of KRCL in pre-final design stage, d) Preparation of Bill of Quantities (BOQ) for any new item of work with cost estimates and

specifications with construction methodology for construction contract. e) Advising solutions to tackle geological and techno-commercial issues during the course

of work and during the defect liability period. 3 Detailed designs and drawings of the slope stabilization and geo-protection measures for

slope above and surrounding tunnel portals (T6P1 & T6P2) and portal of Adit to T6 and submission of same with Consultant’s team, material, consumables, tools and plant etc. for the acceptance of KRCL.

Following are the deliverables for item No. 3: a) Design Basis Note (DBN), methodology and design philosophy, b) Analysis, design and drawings of the slope stabilization and geo-protection measures, in

the form of pre-final designs and drawings for the approval of KRCL. c) Submission of final design & drawings based on the observations of KRCL in pre-final

design stage. d) Preparation of Bill of Quantities (BOQ) with cost estimates and specifications with

construction methodology for above works, e) Advising solutions to tackle geological and techno-commercial issues during the course

of work and during the defect liability period. 4 Detailed designs and drawings of the tunnel based on various geological conditions as

encountered during mining to suit to proposed Railway Track construction for the remaining unexcavated length of tunnel (approx 1835m) with NATM design approach with Consultant’s team, material, consumables, tools and plant etc. for the acceptance of KRCL.

Following are the deliverables for item No. 4: a) Classification of geological characteristics, with advancing face of tunnel, b) Analysis, design and drawings in the form of pre-final designs and drawings for the

approval of KRCL, for: • Specific cross section, • Primary support and secondary support systems, • Drainage systems, water proofing systems, • Maintenance pathway, safety refuges, niches for electrical / Signal and

Telecommunication • Provision for conveyance of power & communications cables, tunnel appurtenances,

c) BOQ and specifications for any item not available in existing tunnel construction contract. d) Submission of stage wise design & drawings for items listed in (b) above based on the

observations of KRCL in pre-final design stage. e) Advising methodology including excavation sequence of drill & blast, drilling and blasting

pattern and all operations during course of construction of tunnel, f) Preparation of comprehensive maintenance and safety manual, g) Advising solutions to tackle geological unusual occurrences and techno-commercial

issues thereof, during the course of work and during the defect liability period.



5 Detailed designs and drawings of the tunnel based on various geological conditions as were encountered during mining, to suit to proposed Railway Track construction for already excavated tunnel (approx 1630 m) provided with Rigid support system comprising of steel ribs, RCC lagging, back fill concrete and adit 400m for future rescue etc with Consultant’s team, material, consumables, tools and plant etc. for the acceptance of KRCL.

Following are the deliverables for item No. 5: a) Review of existing structural supports, b) Analysis, design and drawings in the form of pre-final designs and drawings for the

approval of KRCL, for: • specific cross section for locations needing rectifications and/or augmentation of

supports, • Primary support and secondary support systems for locations needing rectifications

and/or augmentation of supports including locations with partial existing supports, • Drainage systems, water proofing system and all weep hole arrangements, • Maintenance pathway, safety refuges, adit • Provision for conveyance of power & communications cables, tunnel appurtenances,

c) Submission of stage wise design & drawings for items listed in (b) above, based on the observations of KRCL in pre-final design stage,

d) Advising methodology, for rectification and/or augmentation of supports and all operations during course of balance construction works of tunnel,

e) Advising solutions to tackle geological unusual occurrences and techno-commercial issues thereof, during the course of work and during the defect liability period.

6 Detailed designs and drawings of the tunnel for fire detection and suppression system with Consultant’s team, material, consumables, tools and plant etc. for the acceptance of KRCL.

Following are the deliverables for item No. 6 a) Pre-final designs and drawings for the approval of KRCL b) Preparation of Bill of Quantities (BOQ) with cost estimates and specifications with

construction methodology for above works, c) Submission of final design & drawings for item listed in (a) above, based on the

observations of KRCL in pre-final design stage.

2.1.1.2. Scope of Tunneling work from T9 (Approx. length 470m) • Excavation completed: Nil • Balance Length to be excavated : 470m


1 Studying and reviewing previous geological, geotechnical records and reports, available designs & drawings, present tunnel Contract provisions, and status, schedule of dimensions, applicable Indian Codes and statutory requirements, inspection of area encompassing the scope of work of tunnel T9 with specific requirement of consultancy work under this item and submission of Appraisal Report with Consultant’s team, material, consumables, tools and plant etc. for the acceptance of KRCL.


• Details of work done so far,



• Consultant’s assessment of the Geological conditions, construction work done with reference to durability and suggestions thereof,

b) Requirement of Geo-technical and geological investigations to be arranged by KRCL along with BOQ and cost thereof,

c) Identification of relevant design codes and standards, manuals, standard drawings, specifications,

d) Methodology and design philosophy for the unexcavated portion of tunnel, e) Review of Quality Assurance Plan of construction contract. f) Review of instrumentation arrangements and recommendations for requirements. g) Design Basis Note (DBN), methodology and design philosophy for unexcavated portion of



2 Detailed designs and drawings of the tunnel portals (T9P1 & T9P2) and adjoining retaining structures with consultant’s team, material, consumables, tools and plant etc for the acceptance of KRCL.

Following are the deliverables for item No. 2: a) Pre-final designs and drawings of the tunnel portals (T9P1 & T9P2), b) Pre-final designs and drawings of the retaining walls/wing walls/return walls, c) Submission of final design & drawings for items listed in (a) & (b) above based on the




slope above and surrounding tunnel portals (T9P1 & T9P2) and submission of same with Consultant’s team, material, consumables, tools and plant etc. for the acceptance of KRCL.






encountered during mining to suit to proposed Railway Track construction for the unexcavated length of tunnel (approx 470m) with NATM design approach with Consultant’s team, material, consumables, tools and plant etc. for the acceptance of KRCL.

Following are the deliverables for item No. 4: a) Classification of geological characteristics, with advancing face of tunnel,



b) Analysis, design and drawings in the form of pre-final designs and drawings for the approval of KRCL, for: • Specific cross section, • Primary support and secondary support systems, • Drainage systems, water proofing systems, • Maintenance pathway, safety refuges, niches for electrical / Signal and







Following are the deliverables for item No. 5 a) Pre-final designs and drawings for the approval of KRCL b) Preparation of Bill of Quantities (BOQ) with cost estimates and specifications with



2.1.1.3. Scope of Tunneling work from T10 (Approx. length 1010m) • Excavation completed: 600.08 • Balance Length to be excavated : 409.92m


1 Studying and reviewing previous geological, geotechnical records and reports, available designs & drawings, present tunnel Contract provisions, and status, schedule of dimensions, applicable Indian Codes and statutory requirements, study of already excavated length of tunnel (approx. 600.08m), inspection of area encompassing the scope of work of tunnel T10 with specific requirement of consultancy work under this item and submission of Appraisal Report with Consultant’s team, material, consumables, tools and plant etc. for the acceptance of KRCL.








tunnel (approx 409.92m) with: • General Arrangement Drawing (GAD), • Longitudinal Section, • General Cross sections, • Preliminary design of primary and secondary supports,


2 Detailed designs and drawings of the slope stabilization and geo-protection measures for slope above and surrounding tunnel portals (T10P1 & T10P2) and submission of same with Consultant’s team, material, consumables, tools and plant etc. for the acceptance of KRCL.






encountered during mining to suit to proposed Railway Track construction for the remaining unexcavated length of tunnel (approx 409.92m) with NATM design approach with Consultant’s team, material, consumables, tools and plant etc. for the acceptance of KRCL.










4 Detailed designs and drawings of the tunnel based on various geological conditions as were encountered during mining, to suit to proposed Railway Track construction for already excavated tunnel (approx 600.08m) provided with Rigid support system comprising of steel ribs, RCC lagging, back fill concrete etc with Consultant’s team, material, consumables, tools and plant etc. for the acceptance of KRCL..




and/or augmentation of supports including locations with partial existing supports, • Drainage systems, water proofing system and all weep hole arrangements, • Maintenance pathway, safety refuges, • Provision for conveyance of power & communications cables, tunnel appurtenances,

c) BOQ and specifications for any item not available in existing tunnel construction contract. d) Submission of stage wise design & drawings for items listed in (b) above, based on the

observations of KRCL in pre-final design stage, e) Advising methodology, for rectification and/or augmentation of supports and all operations

during course of balance construction works of tunnel, f) Advising solutions to tackle geological unusual occurrences and techno-commercial

issues thereof, during the course of work and during the defect liability period. 5 Detailed designs and drawings of the tunnel for fire detection and suppression system with

Consultant’s team, material, consumables, tools and plant etc. for the acceptance of KRCL. Following are the deliverables for item No. 5

a) Pre-final designs and drawings for the approval of KRCL b) Preparation of Bill of Quantities (BOQ) with cost estimates and specifications with



2.1.1.4. Scope of Tunneling work from T11 (Approx. length 830m) • Excavation completed: 303 m • Balance Length to be excavated : 527mm


1 Studying and reviewing previous geological, geotechnical records and reports, available designs & drawings, present tunnel Contract provisions, and status, schedule of dimensions, applicable Indian Codes and statutory requirements, study of already excavated length of tunnel (approx. 303m), inspection of area encompassing the scope of work of tunnel T11 with specific requirement of consultancy work under this item and submission of Appraisal Report with Consultant’s team, material, consumables, tools and plant etc. for the acceptance of KRCL.










2 Detailed designs and drawings of the tunnel portal (T11P2) and adjoining retaining structures with consultant’s team, material, consumables, tools and plant etc for the acceptance of KRCL.

Following are the deliverables for item No. 2: a) Pre-final designs and drawings of the tunnel portal (T11P2), b) Pre-final designs and drawings of the retaining walls/wing walls/return walls, c) Submission of final design & drawings for items listed in (a) & (b) above based on the










encountered during mining to suit to proposed Railway Track construction for the remaining unexcavated length of tunnel (approx 527m) with NATM design approach with Consultant’s team, material, consumables, tools and plant etc. for the acceptance of KRCL.










5 Detailed designs and drawings of the tunnel based on various geological conditions as were encountered during mining, to suit to proposed Railway Track construction for already excavated tunnel (approx 303m) provided with Rigid support system comprising of steel ribs, RCC lagging, back fill concrete etc with Consultant’s team, material, consumables, tools and plant etc. for the acceptance of KRCL..








issues thereof, during the course of work and during the defect liability period. 6 Detailed designs and drawings of the tunnel of fire detection and suppression system with

Consultant’s team, material, consumables, tools and plant etc. for the acceptance of KRCL. Following are the deliverables for item No. 6






2.1.1.5. Scope of Tunneling work from T12 (Approx. length 2138m) • Excavation completed: 104.75m • Balance Length to be excavated : 2033.25mm


1 Studying and reviewing previous geological, geotechnical records and reports, available designs & drawings, present tunnel Contract provisions, and status, schedule of dimensions, applicable Indian Codes and statutory requirements, study of already excavated length of tunnel (approx. 104.75m), inspection of area encompassing the scope of work of tunnel T12 with specific requirement of consultancy work under this item and submission of Appraisal Report with Consultant’s team, material, consumables, tools and plant etc. for the acceptance of KRCL.






tunnel (approx 2033.25m) with: • General Arrangement Drawing (GAD), • Longitudinal Section, • General Cross sections, • Preliminary design of primary and secondary supports,


2 Detailed designs and drawings of the tunnel portals (T12P1 & T12P2) and adjoining retaining structures with consultant’s team, material, consumables, tools and plant etc for the acceptance of KRCL.

Following are the deliverables for item No. 2: a) Pre-final designs and drawings of the tunnel portals (T12P1 & T12P2), b) Pre-final designs and drawings of the retaining walls/wing walls/return walls, c) Submission of final design & drawings for items listed in (a) & (b) above based on the



of work and during the defect liability period.



3 Detailed designs and drawings of the slope stabilization and geo-protection measures for slope above and surrounding tunnel portals (T12P1 & T12P2) and submission of same with Consultant’s team, material, consumables, tools and plant etc. for the acceptance of KRCL.






encountered during mining to suit to proposed Railway Track construction for the remaining unexcavated length of tunnel (approx 2033.25m) with NATM design approach with Consultant’s team, material, consumables, tools and plant etc. for the acceptance of KRCL.








5 Detailed designs and drawings of the tunnel based on various geological conditions as were encountered during mining, to suit to proposed Railway Track construction for already excavated tunnel (approx 104.75m) provided with Rigid support system comprising of steel ribs, RCC lagging, back fill concrete etc with Consultant’s team, material, consumables, tools and plant etc. for the acceptance of KRCL..










issues thereof, during the course of work and during the defect liability period. 6 Detailed designs and drawings of the tunnel of fire detection and suppression system with

Consultant’s team, material, consumables, tools and plant etc. for the acceptance of KRCL. Following are the deliverables for item No. 6:




Note:

The Special Conditions of Contract and BOQ for construction tender of T6-T12 are placed in Volume- II/III for reference.

2.1.1.6. Scope of Tunneling work for Tunnel T13 (approx. length 2171m)

Sl Description of item

1 Studying and reviewing previous geological and geotechnical records and reports available designs & drawings, schedule of dimensions, applicable Indian codes and Statutory requirements, inspection of area encompassing the scope of work of tunnel T13 with specific requirement of consultancy work under this item and submission of Appraisal Report and tender documents with Consultant’s team, material, consumables, tools and plant etc. for the acceptance of KRCL.

Following are the deliverables for item no.-1: A) Appraisal Report: a) Brief background of the tunnel:

• Details of present status, • Consultant’s assessment of the Geological conditions, construction work done, if

any, with reference to durability and suggestions thereof, b) Requirement of Geo-technical and geological investigations to be arranged by KRCL,


specifications, d) Design Basis Note (DBN), methodology and design philosophy for T13 tunnels (approx.

2171m) with • General Arrangement Drawing (GAD),



• Longitudinal Section, • General Cross sections • Cross passage if any, • Preliminary design of primary and secondary supports, • Preliminary design of tunnel portals, • Preliminary design of retaining walls/wing walls/return walls, • Preliminary design of slope stabilization and geo-protection measures for slope

above and surrounding tunnel portal. B) Tender Document: Preparation and compilation of tender document including instructions

to tenderer, specifications, Bill of Quantities (BOQ), with cost estimates, specifications with construction methodology, tender drawings for construction contract of Tunnel T13 duly incorporating items as per approved preliminary designs and drawings.

2 Detailed designs and drawings of the tunnel portals (T13P1 &T13P2) and adjoining retaining structures with consultant’s team, material, consumables, tools and plant etc for the acceptance of KRCL.

Following are the deliverables for item No. 2: a) Pre-final designs and drawings of the tunnel portals (T13P1 & T13P2) b) Pre-final designs and drawings of the retaining walls/wing walls/return walls, c) Preparation of Bill of Quantities(BOQ) for any new item of work with cost estimates and

specifications, tender drawing for above works, for incorporation in item1B above, d) Submission of final design & drawings for items listed in (a) & (b) above based on the

observations of KRCL in pre-final design stage. e) Advising solutions to tackle geological and techno-commercial issues during the course of

work and during the defect liability period. 3 Detailed designs and drawings of the slope stabilization and geo-protection measures for


Following are the deliverables for item No. 3: a) Analysis, design and drawings of the slope stabilization and geo-protection measures, in

the form of pre-final designs and drawings for the approval of KRCL. b) Submission of final design & drawings based on the observations of KRCL in pre-final

design stage submissions, c) Preparation of Bill of Quantities(BOQ) for any new item of work with cost estimates and

specifications, tender drawing for above works, for incorporation in item1B above, d) Advising solutions to tackle geological and techno-commercial issues during the course


encountered during mining to suit to proposed Railway Track construction for the unexcavated length of tunnel (approx 2171m) with NATM design approach or any other design approach with prior approval of KRCL with Consultant’s team, material, consumables, tools and plant etc. for the acceptance of KRCL.

Following are the deliverables for item No. 4: a) Classification of geological characteristics with advancing face of tunnel, b) Analysis, design and drawings in the form of pre-final designs and drawings for the

approval of KRCL for: • specific cross section,



• Primary support and secondary support systems, • Drainage systems, water proofing systems, • Maintenance pathway, safety refuges, niches for electrical / Signal and

Telecommunication, • Provision for conveyance of power & communications cables, tunnel appurtenances,

c) Submission of stage wise design & drawings for items listed in (b) above based on the observations of KRCL in pre-final design stage,

d) Submission of final design & drawings for items listed in (a) & (b) above based on the observations of KRCL in pre-final design stage,

e) Advising methodology includes excavation sequence of drill & blast, drilling and blasting pattern and all operations during course of construction of tunnel,

f) Preparation of comprehensive Maintenance and safety manual, Quality Assurance Plan and instrumentation scheme,

g) Advising solutions to tackle geological unusual occurrences and techno-commercial issues thereof, during the course of work and during the defect liability period.


Following are the deliverables for item No. 5: a) Pre-final designs and drawings for the approval of KRCL b) Preparation of Bill of Quantities (BOQ) with cost estimates and specifications with

construction methodology, tender drawings for above works, for incorporation in item 1B, above,

c) Submission of final design & drawings for item listed in (a) above, based on the observations of KRCL in pre-final design stage.









1308m) with



• General Arrangement Drawing (GAD), • Longitudinal Section, • General Cross sections, • Cross passage if any, • Preliminary design of primary and secondary supports, • Preliminary design of tunnel portals, • Preliminary design of retaining walls/wing walls/return walls, • Preliminary design of slope stabilization and geo-protection measures for slope














encountered during mining to suit to proposed Railway Track construction for the unexcavated length of tunnel (approx 1308m) with NATM design approach or any other design approach with prior approval of KRCL with Consultant’s team, material, consumables, tools and plant etc. for the acceptance of KRCL


approval of KRCL for:



• specific cross section, • Primary support and secondary support systems, • Drainage systems, water proofing systems, • Maintenance pathway, safety refuges, niches for electrical / Signal and


















specifications,



d) Design Basis Note (DBN), methodology and design philosophy for T15 tunnels (approx. 2263m) with • General Arrangement Drawing (GAD), • Longitudinal Section, • General Cross sections, • Cross passage if any, • Preliminary design of primary and secondary supports, • Preliminary design of tunnel portals, • Preliminary design of retaining walls/wing walls/return walls, • Preliminary design of slope stabilization and geo-protection measures for slope















Following are the deliverables for item No. 4: a) Classification of geological characteristics with advancing face of tunnel,



b) Analysis, design and drawings in the form of pre-final designs and drawings for the approval of KRCL for: • specific cross section, • Primary support and secondary support systems, • Drainage systems, water proofing systems, • Maintenance pathway, safety refuges, niches for electrical / Signal and





















1780m) with • General Arrangement Drawing (GAD), • Longitudinal Section, • General Cross sections, • Cross passage if any, • Preliminary design of primary and secondary supports, • Preliminary design of tunnel portals, • Preliminary design of retaining walls/wing walls/return walls, • Preliminary design of slope stabilization and geo-protection measures for slope


















approval of KRCL for: • specific cross section, • Primary support and secondary support systems, • Drainage systems, water proofing systems, • Maintenance pathway, safety refuges, niches for electrical / Signal and











Note: Tunnel for T13-16 may be single tender or multiple as per advise of consultant and approval of KRCL.

2.2. The Consultant shall provide services for the scope of work mentioned in para 2.1.1.1

to 2.1.1.9 above. 2.3. The consultant shall obtain all instrumentation data available from KRCL`s

instrumentation contractor for use in design process.

Consultant shall also provide: 1. Complete detailed design of tunnel & adits/access galleries to the tunnel, if any,

disaster management during the construction and in service. 2. Design of complete safety system of the tunnels. Doing regular safety audits and

providing such report to KRCL at regular intervals.



3. To enable the construction of tunnels to be completed in all respects as desired by KRCL, the consultant shall provide the design review and overall construction management/quality audit at the work execution stage. Accordingly, the following items are within the scope of this consultancy contract:

i) If the construction contractor suggests construction methodology, consultant will assess such proposals and recommend techno-economically best-suited proposal.

ii) Review and modify the details/plans for all stages of the works whenever required.

iii) Provide a Quality Assurance Plan for the Consultancy services by the Consultant. Preparation and submission of Quality Audit Report at regular intervals as decided in consultation with KRCL

iv) Construction supervision of the works of construction contractors engaged by KRCL for the adequacy and sufficiency of construction as per design /specifications.

4. Incorporate changes in design resulting from KRCL’s design review.

5. Coordination/liasoning and preparing/updating the integrated drawings incorporating civil works.

6. Preparation of detailed consultancy report.

7. Monitoring data, face log available for all the tunnels during execution of work.

8. Preparing and submitting data log for unusual occurrences during the course of tunnel execution.

9. Preparing 3D monitoring reports, providing and manning all instrumentation required in connection with 3D monitoring reports.

10. Advising KRCL during tendering process whenever tenders for tunnel T13, T14, T15 and T16 are invited.

2.4. 3D Monitoring

2.4.1. The Consultant shall provide their own instruments for 3D monitoring, and advise the results for alignment control, in plan and elevation, and as per the instructions of Engineer-in charge. The Consultant shall utilize the recorded data for design purpose.

2.4.2. The Consultant shall supply and install the instruments after proper testing and test certificates from approved manufacturer/supplier shall be submitted. The convergence bolts supplied by the consultant shall be fixed by the Tunnel Contractor under the supervision of Consultant. The calibration of the instruments, if found necessary, shall be carried out at site in presence of KRCL’s Engineer-in-charge. Defective instruments shall be rejected. The decision of Engineer-in-charge shall be final and binding upon the consultant.



2.4.3. The device shall be designed for high precision measurement with two axes of rotation and to be observable from both sides. The manufacturing accuracy must be so as to achieve an overall accuracy of +1 mm within the measuring section. The conversion bolt shall be securely attached to the exposed rock or shotcrete surface. The bolt shall be provided with a plastic cap with a breaking point serving as an adapter.

2.4.4. The monitoring of 3 D monitoring instruments shall be carried out in presence of Engineer-in-charge or any other designated officer on behalf.

2.4.5. The observable data of the instruments shall be entered in the computer (available with Engineer-in-charge) on the same day of taking the observation. Also parallel records in the form of hard copy in the register with joint signatures of Consultant and Engineer-in-charge shall be maintained at the site in a proper format provided by Engineer-in-charge.

2.4.6. The Consultant has to submit the detailed reports of monitoring, during the execution of works in hard and soft copy to the Engineer-in-charge.

2.4.7. The test results of the 3 D monitoring shall be submitted to the approval of the Engineer-in-charge. Any error/omission in this regard shall be brought to the notice of the Engineer-in-charge and corrective measuring shall be taken.

2.4.8. The consultant has to arrange four training programmes at interval of three months at site for Engineers employed by KRCL for 3 D monitoring of tunnel. The logistics for trainees and venue of training shall be arranged by KRCL. The cost of trainer, the training material /demonstration equipment shall be borne by the consultant. The no. of persons for training in each session may be around 20.

2.4.9. The Consultant appointed as per present tender is responsible for the safety of instruments from any damage, theft, sabotage or any other cause. No compensation shall be paid on this account.

2.4.10. The Consultant shall obtain insurance for 3 D monitoring instruments for any damage

due to any accidents etc. KRCL shall not make any payment for such damage. Consultant shall arrange to continue the work without discontinuity. It is advised that spare equipments be kept at site office.

2.4.11. The costing of item no. 4 of Annexure B2, Page no. 8, Vol-III/III has been based considering 1065 number of bi-reflex targets and their accessories among the other inputs necessary for 3D monitoring. If it is necessary to install more than 1065 targets, only the additional targets and their accessories shall be supplied by KRCL and all other activities will be performed by Consultant as per tender conditions without any additional cost to KRCL. If the targets are used/installed less than the stipulated quantity above, the consultant shall deposit the remaining targets with KRCL. All targets will be the property of KRCL.

2.5. Site Services:

2.5.1. The Consultant shall provide Site Services for all construction activities as per the instructions of Engineer-in charge. The Site services are required for all tunnels under scope of present tender.

The key personnel and their Responsibilities are as tabulated as under:



Role Eligibility Criteria Responsibilities

(1) Project Consultancy Head

Academic: ‐ Graduate Civil Engineer or

equivalent ‐ Post Graduate in either of

the Following • Geotechnical Engineering • Tunnel Engineering • Rock Mechanics • Structural Engineering

Experience: ‐ At least 20 years of Civil

Engineering profession, out of which

‐ Minimum 15 years of experience in Tunnelling works comprising of at least 10 years of experience in NATM tunnelling.

‐ At least 5 years of NATM tunnelling experience should have been obtained abroad (outside India )

Age: ‐ Not less than 45 years and

not more 70 years as on date of opening of tender.

- Overall in charge of the Consultancy deliverables and work comprising, but not limited to: • Design , drawings and

reports • Specifications, Quantity

assessment, cost estimates, special conditions for tenders

• Construction methodology

• Safety procedures Implementation

• Quality assurance program

• Any other related duty as deemed necessary for successful execution of consultancy contract with approval of Chief Engineer.

(2) Deputy Project

Consultancy Head

Academics : ‐ Graduate Civil Engineer

or equivalent ‐ Post Graduate in either of

the following: • Geotechnical

Engineering • Tunnel Engineering • Rock Mechanics • Structural Engineering

Experience : ‐ At least 12 years of Civil

engineering profession , out of which,

‐ Minimum 8 years of Experience in Tunneling works comprising of at least 4 years of experience in NATM tunnelling,

‐ At least 2 years of NATM tunnelling experience should have been obtained abroad (outside India )

Age : ‐ Not less than 35 years and

not more than 65 years as on date of opening of tender.

- look after duties of Project Head in latter’s absence, for period not exceeding 30 days in a calendar year, - Consultancy deliverables and work comprising but not limited to :

• Design, drawing and reports,

• Analysis of Instrumentation data,

• Construction scheduling & progress,

• Cost estimations, • Fire Suppressing

system, • Training, • Alignment and 3-D

monitoring, • Any other duty as

deemed necessary for the successful execution of consultancy contract with approval of Chief Engineer.



2.5.2. Supply of personnel

The Consultant shall employ and provide such qualified and experienced personnel as are required to carry out the services. The CVs of key Personnel of the Consultant shall be approved by KRCL.

In case, the Consultant fails to employ manpower as aforesaid in clause no. 2.5.1 above, to the satisfaction of the Engineer-in –charge, or is any or all of manpower are

Role Eligibility Criteria Responsibilities

(3) Senior Geologist

Academics : -Post Graduate in Geology Experience : • At least 15 years of professional

experience out of which: minimum 10 years of experience in Tunnelling works comprising.

At least 4 years of experience obtained abroad (outside India), on NATM tunnel construction and Conversant with rock classification system of ‘Q’, RMR and GSI.

• Incharge of observing and classification of geological Strata encountered,

• Maintain data base of Geology, hydrogeology along alignment and prepare and submit 200 m overlapping 20 m Geological 3-D logs.

• Develop schemes for advance prediction of Geology

• Direct installation of support in conformity of Geological requirements

• Any other duty for successful execution of consultancy contract with approval of Chief Engineer.

(4) Geologist Academics : -Post graduate in Geology. Experience : • At least 10 years of professional

experience out of which:

minimum 6 years’ experience in Tunnelling works comprising of,

At least 2 years of experience obtained abroad (outside India) on NATM Tunnel construction and conversant with Rock classification system of ‘Q’, RMR and GSI.

• Assist Senior Geologist in performance of the latter’s duties

• Look after duties of Senior Geologist in Latter’s absence for period not exceeding 30 days in a calendar year.

• Maintain old and new database of geology and hydrogeology along alignment and prepare Geological logs and classification records.

• Obtain ground data of rock class categorization from progressive tunnel face and prepare report.

• Direct installation of supports in conformity with Geological requirements

• Any other duty for successful execution of consultancy contract with approval of Chief Engineer.



absent unauthorized, recoveries shall be effected on prorata basis for the period of default at 1.5 times the rates in man- months of respective manpower specified by KRCL in Annexure B2 of the Financial Bid.

2.5.3. Changes in personnel

If it is necessary to replace any personnel of Consultant, it shall immediately arrange for replacement by a person of required competence. There should be a minimum overlaps period of availability at site for not less than 30 days. This shall however be done with the approval of KRCL as per clause 2.5.6 of this section.

2.5.4. 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 Personnel’s remuneration shall be deemed to cover these items. Any taking of leave by Personnel shall be subject to the prior approval of the KRCL and the Consultant shall ensure that such absence will not delay the progress and adequate supervision of the Services. The period for which the Consultant’s Personnel will be on leave shall not be charged on the Bill and the Bill must be accompanied with the attendance record for the period. The working hours of the personnel of the Consultant 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.

2.5.5. Consultant’s Personnel can avail one day weekly rest and also National holidays declared at KRCL’s Headquarters office for which no deduction in their remuneration will be made. If required, the Personnel shall stagger/defer such weekly rest or availing National Holiday during exigencies, so as to ensure uninterrupted progress of works.

2.5.6. Substitution of Personnel by Consultant

KRCL will not consider substitution during contract implementation except under exceptional circumstances up to a maximum of 25 per cent of key personnel (considering equal weightage for each key personnel) and that too only by equally or better qualified and experienced personnel. This should have the express approval of Chief Engineer. During the course of providing services, substitution of key personnel in excess of 25% of key personnel would call for reduction in remuneration, which shall not exceed 90% of the remuneration agreed for the original Key personnel. Further, for key personnel replaced for the second time, the remuneration payable shall not exceed 90% of the remuneration which would have been payable for the personnel replaced for the remaining period.

2.5.7. Quality Assurance: The Consultant shall set up framework of Quality Assurance System consisting of model documents on management procedures for managing construction, design, quality, safety, training, environment, non-conformances, payment, reporting, project schedule etc. These model documents would form the basis on which the Contractor(s) would evaluate their own respective documents that shall be checked, commented upon and finally concurred by the Consultant.



2.5.8. Method Statements: The Consultant shall develop formats for method statements and work procedures for describing important and complex construction works including model documents for key aspects of the Project (s). These formats and model documents would form the basis on which the Contractor (s) would prepare their own respective documents that shall be checked, commented upon and finally concurred by the Consultant before start of respective work by the Contractor (s).

2.5.9. Check List: The Consultant shall develop formats for inspection and testing

procedures for quality control at site and record keeping including model documents for key aspects of the Project(s). These formats and model documents would form the basis on which the Contractor(s) would prepare their own respective documents that shall be checked, commented upon and finally concurred by the Consultant before start of respective work by the Contractor(s).

2.5.10. Quality Audit Reports: The Consultant shall prepare and submit quality audit reports at regular intervals to KRCL which will be subject to review by it.

3.0. Stages of deliverables :

The stages of deliverables of various activities for tunnels T6, T9, T10, T11, T12, T13, T14, T15 & T16 shall be as per the bar charts placed at page no 70 to 78.

4.0. Design 4.1. Pre- final design

The Pre final Design shall provide KRCL with an indication of the manner in which the work will be performed in general and shall consist of key features pertinent to the design work. The Pre-Final Design Submission shall be a coherent and complete set of documents, properly consolidated and indexed and shall fully describe the proposed Pre-Final Design. It shall include but not limited to the following:

a) Final design criteria/standards. b) The submission of design manuals /codes/standards. c) Completion of ground survey work and processing of data. d) Completion of field geotechnical work. e) Optimum tunnel sizing. f) Report on recommendation of various components of tunnel i.e. drainage, safety

management, disaster management, etc. g) The dimensions of all major features, structural elements and members; h) Specification for all materials. i) Potential forces and movements due to all possible loading and action on the

structures. j) The layout and typical details of support system. k) Standard details. l) Proposed methods of predicting the ground movements during construction of

tunnel. m) Construction methodology.



Pre-final design submission shall also contain the following:

i) Drawings

The pre-final design submission shall include drawings which shall illustrate the proposed final Design.

ii) Design Manual

The Design Manual shall incorporate all design requirements, standard codes, loading cases etc, permissible movements and deflections, material properties and all other documents or matters which are relevant to and govern the design. The design manual shall refer to all codes and standard used, making clear their specific applications. The design manual shall be produced so that it can be used by those involved in the preparation or review of the design of the permanent works as a comprehensive reference text and efficient working document.

iii) Geotechnical Interpretative Report

A report including site investigation results and covering the geo-technical interpretation of site investigation work including that undertaken by the Consultant in sufficient detail to confirm and justify parameters used in the geotechnical designs.

4.2. Final design

The Final Design is the design of the permanent works embodied in:

a) the latest revision of the documents comprised in the Pre-final design, taking account of comments, if any.

b) the latest revision of the Construction Reference Drawings;

c) the computations; and

d) such other documents as may be submitted by the consultant at the request of KRCL’s representative to illustrate and describe the Permanent works and for which a letter/notice has been issued.

The submission shall contain the final design drawings, specifications, Bill of Quantities for additional non-schedule items (if any) for successful completion of tunnel works. Complete design report including a sign off letter from each designated contractor/designer shall also be submitted.

5.0. Instructions to be followed by design consultant while providing services

5.1. Augmentation of data: In the conduct of the consultancy service the Consultant shall co-operate and associate fully with KRCL, which shall provide available relevant data and reports, but these may or may not be adequate. The Consultant shall supplement by collecting data considered necessary and shall be solely responsible for the analysis and interpretation of all data received and collected and for the conclusion and recommendations contained in their report. Plan, L section, typical section of the tunnels and geological information of the area are enclosed for reference and guidance only.



5.2. Reference codes: The Consultant shall utilize the applicable Indian codes as mentioned in Appendix 18. All relevant Indian Acts and Regulations shall also be complied with. Should the Consultant propose to use alternative Standards or Codes of Practice they shall submit two copies of such Standards or Codes with justification for their use to KRCL for review and acceptance within 6 weeks from issue of the LOA.

5.3. Use of proprietary items:

The Consultant shall ensure that there are no named or proprietary products in the documents or on drawings. Consultant shall indemnify KRCL from violation of any copyright infringement and KRCL will not be responsible for any act of negligence /omission in this respect.

6.0. Design life

The design life of the permanent civil engineering works shall be 120 years.

7.0. Design support and site services

7.1. It is in the scope of work of the consultant that all the works including temporary works being carried out at site shall be reviewed by the consultant and ensured that the work is proceeding according to his design and specification. The comprehensive quality plan, safety plan, environmental mitigation plan, disaster management plan as submitted in the final design stage shall be strictly adhered to. The consultant shall approve all works with respect to quality. The personnel posted shall be as agreed to in the beginning of contract and no alteration shall be accepted unless otherwise approved by KRCL.

7.2. A design team shall be required to provide design support during construction stage to attend to design changes based on available unforeseen geological and other conditions.

8.0. Design submission/approval/review procedures

8.1. KRCL’s representatives shall review submission of Design Data. The form and detail

of the review shall be as determined by KRCL and will not absolve the Consultant of the responsibility for the design under the contract.

8.2. The consultants shall obtain all required and/or statutory approvals that relate to that submission including where appropriate, approval of concerned government authorities. However, KRCL shall assist the consultant wherever required.

8.3. All submissions shall be accompanied by two original copies of a Design Certificate and signed by the Design Consultant.

9.0. Submission of design calculations

9.1. Unless otherwise required by KRCL, calculations relevant to the Design shall be

submitted for review with the respective Design Submission. KRCL may require the submission of applicable software including in house software programme/worksheets



developed by the Consultant, computer input and programme logic for its review prior to the acceptance of the computer output.

9.2. The Consultant shall prepare and submit a comprehensive set of a calculation for the

Pre- Final Design in a form acceptable to KRCL. Should the design of the works be revised thereafter and such revision renders the calculations, as submitted, obsolete or inaccurate, the Consultant shall prepare and submit the revised calculations.

10. Sets of design/reports to be submitted by Design Consultant

A soft copy of each item listed below shall be delivered together with the number of hard copies indicated below. All material shall be delivered to KRCL as follows:

Appraisal Report 6 Copies Pre-Final Design 2 Sets of drawings A0 size.

6 Sets of drawing A1 size 6 Sets of design calculations 6 Copies of design various Report/

recommendations 2 Copies of Construction cost estimate and

programme

Final Design 2 Complete Sets of drawing A0 size.

6 Complete Sets of drawings A1 size. 6 Complete Sets of design calculations for each

components/accessories 6 Copies of design report/ recommendations

11. Meetings during the consultancy services

11.1. In addition to the express requirements herein, the consultant shall whenever KRCL’s representative so requests, provide information and key personnel for site services shall participate in discussion/progress review meetings that relate to design, and progress of works etc. Any representative of Consultant other than key personnel called for meetings, the cost of travel, local conveyance, lodging and boarding and Consultant’s time shall be reimbursed on mutually agreed terms and conditions.

11.2. During all stages of the Consultancy Service may be the Consultant shall arrange and convene with key personnel for site services regular meetings and working sessions, ad-hoc question and answer session so that KRCL is kept informed of the progress and development of the contract. Drawings computer simulations and output, models and graphic sketches etc. shall be used to explain and illustrate the details of the proposal whenever necessary.

11.3. The frequency of regular meetings and working sessions shall be monthly, or as and when required, or as instructed by Engineer-in-Charge.



12.0 Professional independence

12.1 Design Consultant shall have no direct or indirect interests in commercial, manufacturing or contracting activities that might tend to influence its professional judgment. It is remunerated solely by the fees paid to it by KRCL.

12.2 It shall approach all assignments objectively and by using sound technical and economical principles and provide solutions, which serve the best interest of KRCL.

12.3 The Design Consultant shall give a declaration that its firm has no financial or managerial ties with other organization that could influence its independence.

13.0 Location of design consultants office

The location of Project office for the Consultant shall be at Jammu or Reasi or as agreed with KRCL. For design consultancy, services of back office may be taken.

14.0 Design Team: The backup Design team needs to consist of qualified and competent professionals having relevant experience and expertise in the field to carry out the necessary designs as per the site specific requirements.

The Consultant shall submit the detailed CVs of such professionals after the award of work and obtain approval from KRCL.

Consultancy –T6, T9, T10, T11, T12, T13, T14, T15 T16

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 241 Mobilisation2 1A3 2 a,b4 2 c, d5 2 e6 3 a,b,7 3 c,d8 3 e9 4 b,c and e

10 4a, d and f11 5 a,b12 5 c13 5 d and e14 6 a,b15 6 c

UPTO DOC AND DLP

UPTO DOC AND DLP

UPTO DOC AND DLP

UPTO DOC AND DLP

T6-Schedule of Deliverables

ParticularsSlDuration (in weeks)

Konkan Railway Corporation Ltd. 70 Signatture of Tenderer


1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 341 Mobilisation

2 1A

3 2a,b

4 2 c,d

5 2e

6 3a,b

7 3 c,d

8 3e

9 4a

10 4b, c and e

11 4 d and f

12 5a,b and c

UPTO DOC AND DLP

UPTO DOC AND DLP

UPTO DOC AND DLP

UPTO DOC


Sl ParticularsDuration (in weeks)

Konkan Railway Corporation Ltd.71

Signature of Tenderer


1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 331 Mobilisation

2 1A

3 2a,b

4 2c,d

5 2e

6 3 a,d and f

7 3 b,c and e

8 4 a, b

9 4 c

10 4 d and e

11 5a,b and c

UPTO DOC AND DLP

UPTO DOC AND DLP

UPTO DOC AND DLP


Sl ParticularsDuration (in weeks)

Konkan Railway Corporation Ltd. 72 Signature of Tenderer


1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 331 Mobilisation

2 1A

3 2 a,b

4 2 c,d

5 2 e

6 3a,b,

7 3 c,d

8 3e

9 4 a,b,

10 4 c and e

11 4 d,f

12 5 a,b

13 5 c

14 5 d,e

15 6 a,b

16 6 c

UPTO DOC AND DLP

UPTO DOC AND DLP

UPTO DOC AND DLP

UPTO DOC AND DLP


Duration (in weeks)ParticularsItem No.




1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 361 Mobilisation

2 1A

3 2 a,b

4 2c,d

5 2 e

6 3 a,b

7 3 c,d

8 3 ,e

9 4 a,b,

10 4 c and e

11 4 d,f

12 5 a,b

13 5 c

14 5 d,e

15 6 a,b

16 6 c

UPTO DOC AND DLP

UPTO DOC AND DLP

UPTO DOC AND DLP

UPTO DOC AND DLP

Duration (in weeks)

T 12-Schedule of Deliverables

tem No Particulars



1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 421 Mobilisation

2 1A

3 1B KRCL TO INVITE TENDER4 2 a,b,c and d

5 2 e

6 3 a, b and c

7 3d

8 4 a

9 4 b,c,d and f

10 4 e and g

11 5 a,b

12 5 c

UPTO DOC AND DLP

UPTO DOC AND DLP

UPTO DOC AND DLP

UPTO DOC AND DLP

Duration (in weeks)


ParticularsItem No.



1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 421 Mobilisation

2 1A


5 2 e

6 3 a, b and c

7 3d

8 4 a

9 4 b,c,d and f

10 4 e and g

11 5 a,b

12 5 c

UPTO DOC AND DLP

UPTO DOC AND DLP

Item No. Particulars


Duration (in weeks)

UPTO DOC AND DLP

UPTO DOC AND DLP




1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 421 Mobilisation

2 1A


5 2 e

6 3 a, b and c

7 3d

8 4 a

9 4 b,c,d and f

10 4 e and g

11 5 a,b

12 5 c

UPTO DOC AND DLP

UPTO DOC AND DLP



Duration (in weeks)

UPTO DOC AND DLP

UPTO DOC AND DLP



1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 421 Mobilisation2 1A3 1B KRCL TO INVITE TENDER4 2 a,b,c and d5 2 e6 3 a, b and c7 3d8 4 a9 4 b,c,d and f10 4 e and g11 5 a,b12 5 c

UPTO DOC AND DLP

UPTO DOC AND DLP



Duration (in weeks)

UPTO DOC AND DLP

UPTO DOC AND DLP



Special Conditions of Contract Consultancy –T6, T9, T10, T11, T12, T13, T14, T15 & T16

GENERAL CONDITIONS OF CONTRACT



GENERAL CONDITIONS OF CONTRACT (GCC)

The Contract will be governed by the General Conditions of Contract 1999 of the Northern Railway

with latest correction slips.

The General Conditions of Contract 1999 of Northern Railway, along with latest correction slips, will

form part of the tender/contract documents even though they are not attached to the same.

The clause nos 11,13,14,28,29,30,31,34,35,38 and 40 of General Conditions of Contract 1999 of

Northern Railway are not applicable for this Tender.



SPECIAL CONDITIONS OF CONTRACT



DEFINITIONS

1.0 Definitions 1.1 KRCL / Corporation : Konkan Railway Corporation Limited

1.2 MD: Managing Director of Konkan Railway Corporation Ltd.

1.3 D (W&W) : Director (Way & Works) of Konkan Railway Corporation Ltd.

1.4 Employer means the KONKAN RAILWAY CORPORATION LIMITED, A Govt. of India Undertaking (KRCL in abbreviation) acting through its Managing Director or any other authorized officer and shall include their legal successors in title and permitted assignees.

1.5 General Manager (Projects): Overall in-charge of project at Head Office at Jammu.

1.6 Chief Engineer: shall mean the Officer in charge of the Engineering Department of the Konkan Railway in the Project Office at Reasi in Jammu & Kashmir field offices and shall include the Chief Electrical Engineer, Chief Signal & Telecommunication Engineer.

1.7 Engineer/Engineer-in-charge: shall mean the Executive Engineer or Divisional/District Engineer in executive charge of the works and shall also include the superior Officers of the Engineering Departments of the Corporation, i.e. the Deputy Chief Engineer/Chief Engineer/Deputy Chief Electrical Engineer/ Chief Electrical Engineer, Dy.General Manager responsible for supervising the work of Consultant, administering the Contract, certifying the payments due to the Consultant, issuing and evaluating Variations to the Contract, awarding extensions of time and evaluation of Compensation.

1.8 Engineer's Representative: shall mean the Assistant Engineer in direct charge of the works and shall include Inspector of the Civil Engineering, Electrical or Signal & Telecommunication Department of the Corporation.

1.9 Competent Authority: An officer/official of Employer’s organization vested with requisite administrative authority or designated by the Corporation as the Competent Authority.

1.10 Accepting Authority: shall mean the Managing Director/Director/General Manager (Projects)/ Chief Engineer of KRCL dealing with the works for the purpose this tender/contract.

1.11 Tender or Bid means the offer (Technical and/or Financial) made by individual, firm, Company, corporation, Joint Venture or Consortium for the execution of the works in response to the Corporation’s Invitation to Tender.

1.12 Tenderer : means, the person/the firm or company, entity or joint venture whether incorporated or not who in response to the Invitation of Tender issued by the KRCL, submits or tenders an offer in the prescribed form, to execute the works and sign contract with KRCL and shall include their personal representatives, and permitted assignees.

1.13 Contractor: shall mean the person or firm or company or joint venture/Consortium who enters into contract with the Corporation as a consequence of acceptance of his bid by the Corporation and shall include their executors, administrators, and expressly permitted assigns.

1.14 Contract shall mean and include the Agreement or Letter of acceptance, the accepted Schedule of Items, Rates and Quantities, the General Conditions of Contract of Northern Railway, the Special Conditions of Contract, the drawings, the specifications, the special specifications if any, tender forms, instructions to tenderers, Notice Inviting Tender, Addendum(s), Corrigendum(s) and other tender documents.



1.15 Drawing(s) shall mean the maps, drawings, plans and tracings or prints thereof annexed to the tender/contract (including drawings prepared by contractor & Consultant) and shall include any modifications of such drawings and any further drawings as may be issued by the Engineer-in-charge from time to time.

1.16 Consultant’s vehicles: The vehicles for carriage of manpower/labour, staff etc. owned/engaged by Consultant, in connection with the work.

1.17 Site shall mean the land and/or structures or places on, under, in or through which the works are carried out and any other lands or places provided by the Corporation for the purposes of the contract.

1.18 Project means Tunnel Design Consultancy, site service and 3D Monitoring of Tunnels T6, T9, T10, T11, T12, T13, T14, T15 & T16 between on Katra - Dharam Section of USBRL Project, India.

1.19 Services mean the service to be performed by the Design Consultant pursuant to this contract.

1.20 Client means the Konkan Railway Corporation Limited (also referred to as KRCL) which expression shall also include their legal successors and permitted assigns.

1.21 Consultant or CONSULTANT or DCONSULTANT means (“Design Consultant” for Design and Supervision) the party named in the Agreement, who has to perform the services, and which expression shall include his/their legal successors and permitted assigns.

1.22 Member in case the Consultant comprises more than one entity means any of the entities.” Members” mean all the entities.” Member –in-charge” means the Member authorized to act on the Members’ behalf in exercising all the Consultant’s rights and obligations towards the Client under their contract.

1.23 Party: means KRCL or CONSULTANT as the case may be and “parties” means both of them. “Third party” means any other person or entity, as the context requires.

1.24 Applicable Law means the law and any other instrument having the force of law in J&K/INDIA as they may be issued and in force from time to time.

1.25 Employer’s Representative means the Consultant employed by KRCL to undertake duties in connection with the project and notified as such, or any of its officers nominated by KRCL and notified from time to time, to CONSULTANT.

1.26 Schedule of Items, Rates & Quantities/Bill of Quantities means the Schedule to the contract containing Items, Rates & Quantities.

1.27 The Completion Date is the date of completion of the Works as certified by the Engineer-in-charge under the contract between the Corporation and the Contractor to execute, complete and maintain the Works.

1.28 The Contract Data means information and data contained in the documents comprising Work’s Contract.

1.29 The Contractor's Bid is the completed Bidding documents submitted by the Contractor to the Employer.

1.30 The Contract Price is the price stated in the letter of acceptance (LOA) and thereafter as arrived at in accordance with the provisions of the Contract.

1.31 Days are English calendar days, months are English calendar months.

1.32 Day means the period between any one midnight and the next.

1.33 Month means a period on one month according to the Gregarian calendar commencing with any day of the month.

1.34 Government means the Government of India.

1.35 Rupees mean the currency of Government of India and shall be the currency used for the Project.



1.36 Foreign Currency means any currency other than the currency of the Government of India.

1.37 Personnel means persons hired by the Consultants or any part thereof ”foreign Personnel” means such persons who at the time of being so hired had their domicile outside India; and “local Personnel” means such persons who at the time of being so hired had their domicile inside India.

1.38 A Defect is any part of the Works not executed/completed in accordance with the requirements under the Contract.

1.39 The Maintenance period or Defects Liability Period means such period as stipulated in the relevant clauses of the Contract and calculated from the Completion Date.

1.40 The Initial Contract Price is the Contract Price listed in the Employer's Letter of Acceptance.

1.41 The Intended Completion Date means the Completion Date specified in the Contract.

1.42 Site Investigation Reports are those, which are included in the Bidding documents and are tentative / interpretative reports about the surface and sub-surface conditions at the site.

1.43 Specification means the Specification for materials and works described in the Contract and any modification or addition under written instructions and approval of the Engineer-in-charge or his nominee as per the terms of the Special Conditions‘.

1.44 A sub-Consultant is a person/firm/company or corporate body who with the express permission in writing by KRCL has a Contract with the Consultant to carry out a part of the work in the Contract.

1.45 Temporary Works are works which are required for temporary and not permanent use by the Contractor, for construction or installation or maintenance of the Works under the Contract.

1.46 The Works are what the Contract requires the Consultant to execute construct, install, commission handover to the Employer and maintained under the terms of the Contract

1.47 “Approval or Approved” means approval in writing of the Competent Authority.

1.48 Headings & Marginal Headings: The top headings and marginal headings/notes in the tender or contract documents are solely for the purpose of facilitating reference and shall not be deemed to be part thereof and shall not be taken into consideration in the interpretation or consideration thereof.

1.49 Singular and Plural: The singular includes the plural, the masculine includes the feminine, and vice versa where the context requires.

1.50 NIT: Notice Inviting Tender.

1.51 U/S: Up Stream.

1.52 D/S: Down Stream.

1.53 LOA : Letter of Acceptance

1.54 IS Code : Indian Standard Codes

1.55 BIS : Bureau of Indian Standards

1.56 IRS : Indian Railway Standards

1.57 IRC : Indian Roads Congress

1.58 ITCC : Income Tax Clearance Certificate

1.59 EMD : Earnest Money Deposit

1.60 JV: Joint Venture



1.61 GCC: Northern Railway, Engg. Deptt, Works Hand Book, Part I – Regulations for Tenders and Contracts and Part II – General Conditions of Contract, 1999, along with latest correction slips.

2.0 Interpretation

2.1 The headings in the Agreement shall not be used in its interpretation. 2.2 If there is a conflict between provisions of the Agreement, interpretation of KRCL

shall be final.

3.0 Obligations of Design Consultant

3.1 CONSULTANT shall perform services relating to the Project in terms of contract. The Terms of Reference are stated in deliverables & services (Terms of Reference).

3.2 CONSULTANT shall exercise reasonable skill, care and diligence in the

performance of its obligations under the agreement.

3.3 CONSULTANT shall perform the Services in accordance with the Applicable Laws and shall take all practicable steps to ensure that any Personnel and agents of the Consultant comply with the Applicable Laws.

3.4 Where the Services include the co-ordination between the CONSULTANT and

other Consultants and contractors employed on the Project, the CONSULTANT shall provide such co-ordination. The CONSULTANT shall obtain, co-ordinate and submit to KRCL’s Representative for his information and approval all details, drawings, quantities, specifications arising from such co-ordination with others. Such co-ordination will take place throughout the period of the Services.

3.5 Conflict of interest

i) Unless otherwise agreed in writing by KRCL, the CONSULTANT and his personnel shall have no interest and receive no remuneration in connection with the Project except as provided for in the Agreement.

ii) The CONSULTANT shall not engage in any activity that might conflict with the

interest of KRCL under the Agreement.

3.6 Confidentiality The Consultant or its Personnel shall not, either during the term or within two years after the expiration or termination of this Contract, disclose any proprietary information, including information relating to reports, data, drawings, design software or other material, whether written or oral, in electronic or magnetic format, and the contents thereof; and any reports, digests or summaries created or derived from any of the foregoing that is provided by the KRCL to the Consultant and its Personnel; any information provided by or relating to the KRCL, its technology, technical processes, business affairs or finances or any information relating to the KRCL’s employees, officers or other professionals or suppliers, customers, or contractors of the KRCL; and any other information which the Consultant is under an obligation to keep confidential in relation to the Project, the Services or this Contract ("Confidential Information"), without the prior written consent of the KRCL. Notwithstanding the aforesaid, the Consultant or its Personnel may disclose



Confidential Information to the extent that such Confidential Information:

i. was in the public domain prior to its delivery to the Consultant and its contents become a part of the public knowledge from a source other than the Consultant and its Personnel;

ii. was obtained from a third party with no known duty to maintain its confidentiality;

iii. is required to be disclosed by Law or judicial or administrative or arbitral process or by any Governmental Instrumentalities, provided that for any such disclosure, the Consultant and its Personnel shall give to the KRCL, prompt written notice, and use reasonable efforts to ensure that such disclosure is accorded confidential treatment;

iv. is provided to the professional advisers, agents, auditors or representatives of the Consultant or its Personnel, as is reasonable under the circumstances; provided, however, that the Consultant or its Personnel, shall require their professional advisers, agents, auditors or its representatives, to undertake in writing to keep such Confidential Information, confidential and shall use its best efforts to ensure compliance with such undertaking.

4.0 Information

Available information and those information, which KRCL is able to obtain, pertaining to the Services, shall be provided to Consultant within reasonable time free of cost.

5.0 Decisions

On all matters properly referred to it in writing by Consultant, KRCL shall give a decision in writing within a reasonable time.

6.0 Assistance

KRCL shall assist in: i) providing Consultant unobstructed access wherever it is required for the

services. ii) providing Consultant access to other organization for collection of information.

7.0 Establishment of office for Consultant

7.1 KRCL shall provide site office in the premises of KRCL for establishing office for Consultant. The Consultant shall provide office furnishing, fixtures and other requirements and the cost of such items have been covered in item no. 5 of Annexure B2. KRCL shall provide site office in the form of porta cabin (without furnishing) 20’x10’ approx 200 sqft near tunnel portals for establishing site office for consultant. For establishing office elsewhere, the consultant shall make their own arrangements.

8.0 Defect Liability Period

8.1 The defect liability period (the “Defect Liability Period”) for the Consultancy shall be one year from the date of final payment made to the Consultant on completion of Services or the Maintenance Period of the works Contract(s) whichever is earlier. The Consultant shall continue to be liable during the Defect Liability Period for any deficiency in Services rendered by it, any defect noticed in the works which is attributable to such deficiency in Services, or any excess payment made to the



Contractor(s) due to improper services by the Consultant’s Personnel. The Consultant shall continue to assist the KRCL during the Defect Liability Period, as and when need arises, on any matter related to the Project(s) that is incidental to the Services rendered by the Consultant. Such assistance shall be including but not limited to as follows:

• The Consultant shall provide solutions to tackle the defected observed during the defect liability period.

• The Consultant shall provide design support and construction supervision for the defects noticed during the defect liability period.

• The Consultant shall submit an action taken report detailing the list of defects attended for KRCL’s acceptance.

9.0 Payment of Bills:

9.1 The "on account bills" should be submitted monthly. In case, of insufficient

progress, Consultant shall submit "Nil" bill.

9.2 The payment of “on account” bills will be regulated as under:

i) On submission of “on account” bills by the Consultant, the Corporation shall arrange for 75% payment of such “ on account” bills within 5 days, and

ii) The balance due will be paid after scrutiny (technical check) and acceptance of the bill within 14 days from date of submission of the bill.

iii) If it is found that the Consultant has at any point of time submitted bills of exaggerated or wrong amounts without prejudice to any other right or remedy available to KRCL, the facility of such ad-hoc payment shall be discontinued and subsequent payments towards the Bills shall be made only after scrutiny and technical check.

The payment of pre-final and final bills will be made only after scrutiny (technical check) of the bills and after obtaining a certificate from the Engineer-in-charge for satisfactory completion of work. Final bill will be paid after submission of unconditional and unequivocal No Claim Certificate by the Consultant.

10.0 Languages and law

Languages of the agreement/contract communication shall be English. The agreement shall be interpreted, constructed and governed by laws of India.

11.0 Copyright

The copyright of all documents and drawings prepared by the Consultant in performance of the Services under the Agreement shall be vested in KRCL as per the Copyright Act.

12.0 Expenses towards contract agreement

Only the cost of stamp duties by entering into Contract Agreement shall be borne by KRCL.

13.0 Change of address of Consultant

Any change in the address of the Consultant shall be forthwith intimated in writing to KRCL. Unless the change has been duly intimated to KRCL, all correspondence



shall be addressed on the address specified in the contract and shall be deemed to be due and complete service of the same on the Consultant. KRCL will not be responsible for any loss or inconvenience suffered by the Consultant on account of his failure to comply with this.

14.0 Royalties and patent rights

The Consultant shall defray the cost of all royalties, fees and other payments in respect of patent rights and licenses which may be payable to any patentee, licenses or other person or corporation and shall obtain all necessary licenses. In case of any breach (whether willfully or inadvertently) by the Consultant of this provision, the Consultant shall, indemnify KRCL and their officers, servants, representatives against all claims, proceedings, damages, cost charges, acceptance losses and liability which they or any of them sustain, incur or be put by reason or in consequence directly or indirectly of any such breach and against payment of any royalties, damages other money which KRCL may have to make to any person or any machine, instruments, process, articles, maters, or thing constructed, manufactured, supplied or delivered by the Consultant to his order under this contract.

15.0 Delay and Extension of Contract Period

15.1 Works under the Contract is a part of the Project of National Importance and is

undertaken by KRCL under the Contract Agreement dated 9th August 2005 between the Northern Railway and KRCL. If at any time, the Ministry of Railways/ Railway Board/Northern Railway/KRCL, come to a conclusion and decide that in the interest and/or for the reason of National Security, public safety, National Interest or Public Interest, changes in the Works under the Contract or the Contract itself are required to be made or any other decision in respect of the Works under the Contract or the Contract itself, the Consultant shall accept the decision as final and not open to any challenge. In such an eventuality, the Consultant will be entitled to the actual costs incurred by him on account of such decision which shall be kept to the minimum possible. Such costs shall be paid after verification of vouchers, relevant records. The decision of Engineer-in charge on the admissibility of such documents shall be final and binding.

15.2 If at any time during the continuance of this contract, the performance in whole or in part is required to be prevented due to the constraints and compulsions faced in the interest of National Security, Safety, public interest, such prevention shall be understood and accepted as beyond the control of the KRCL and a Force Majeure. Provided notice of the happening of such event is given by KRCL to the Consultant, within seven days from the occurrence of such eventuality the contractor shall not be by reason of such event be entitled to terminate this Contract, nor shall he be entitled to claim any damages in respect of non-performance. The works under the Contract shall be resumed as soon as possible. The decision of the Chief Engineer as to whether the work has commenced or not shall be final. Provided that if the performance of this Contract is prevented for more than ninety days, either party may terminate the Contract by giving notice to the other party.

15.3 In clause 17 of GCC of Northern Railway blank space in 5th line to be read as “7” and blank space in line 12 to be read as “90”.

15.4 Competent Authority of KRCL while granting extension to the currency of contract under clause 17 (B) of GCC of Northern Railway -1999 may also levy liquidated damages including token liquidated damages as deemed fit based on the facts of the case.



15.5 For extension of contract period beyond the stipulated period of 42 months, not due to reasons attributable to the Consultant, the contract period may be extended with mutual consent and mutually agreed rates, while other terms and conditions of the contract shall remain unchanged.

16.0 Publicity

16.1 The Consultant or his sub-Consultant shall not publish or otherwise circulate, alone or in conjunction with any person, any paper/booklet/sketch/ any articles, photographs or other materials relating to the Contract, the Site, the Works, the Project or any part thereof, nor impart to any third party any information relating thereto, nor allow any representative of the media access to the Site, contractor’s Works Areas, or off-Site place of manufacture, or storage except with the permission, in writing, of the Employer. The Consultant shall ensure that his sub-Consultants of any tier shall be bound by a like obligation and shall, if so required by KRCL, enforce the same at his own expense. The provisions of this Clause shall not exempt the Consultant from complying with any statutory provision in regard to the taking and publication of photographs.

17.0 Official Secrets Act 1923 17.1 Indian Official Secrets Act 1923 (XIX of 1923) shall apply to the Consultant and

persons employed by him for this contract.

18.0 Dissolution of Consultant’s Firm

18.1 If the Consultant’s firm is dissolved due to the death or retirement of any partner or

for any reasons whatsoever before fully completing the whole work under the Contract or any part thereof the partners shall remain jointly, severally and personally liable to complete the entire work under the Contract to the satisfaction of KRCL.

18.2 If after acceptance of the offer and/ or signing of the Consultancy Contract, the Consultant expires, or in case of a Firm, any partner expires or in case of a firm or a corporate entity, the composition changes, the KRCL shall have an option to either treat the contract/acceptance as cancelled or teat the same as subsisting. The Consultant whether a person, firm or a corporate entity shall be liable to discharge its obligations under the contract unless the KRCL exercises its option to treat the Contract/Acceptance as cancelled. No compensation/loss/damages shall be payable on account of such cancellation.

19.0 Local Geology of the work site/terrain:

19.1 The geological information of the proposed work in respect of the rock/soil strata and hydrology etc. has been collected and primary/secondary data available with KRCL is placed at Appendix 17. The information is however not conclusive.

20.0 Duties and Powers of Engineer-in-charge’s Representative

20.1 The duties of the representative of the Engineer-in-charge are to watch and

supervise the works and to test and examine any materials to be used and the workmanship in connection with the works. He shall have no authority to order any work involving any extra payment by KRCL or make any variation in the works.

20.2 The Engineer-in-charge may from time to time delegate to his representative any of the powers and authorities vested in the Engineer-in-charge. A copy of all such delegation of powers and authorities shall furnish to the Consultant.



21.0 Priority of Documents and specifications.

21.1 The documents forming the Contract are to be taken as mutually explanatory of one another. For the purposes of interpretation, the priority of the documents within the contract document shall be in accordance with the following sequence: i) The Agreement for the works executed on stamp paper. ii) The Letter of Acceptance iii) Special Conditions of Contract iv) General Conditions of Contract 1999 of Northern Railway v) Approved Drawings vi) Referred Technical Specifications vii) Schedule of Items, Rates and Quantities/Bill of Quantities (BOQ) viii) Deliverables & Services (Terms of Reference) ix) Instructions to tenderer/s

21.2 Any error in description, quantity or rate in Schedule of Quantities or any omission

there from shall not vitiate the contract or release the Consultant from the execution of the whole or any part of the works comprised therein according to drawings and specifications or from any of his obligations under the contract.

If there are varying or conflicting provisions made in any documents forming part of the Contract or in the event of a conflicting view as to the interpretation of the contents thereof; the documents shall take priority in accordance with the list given in clause No. 21.1 above. When there is any conflict between the specifications given in this contract and the IRS, BIS, IRC specifications or specifications of any other body/Institution/Authority as the case may be, the specifications given in this contract shall prevail over the other specifications. However, in case of any ambiguity, the decision of the Engineer-in-charge in this regard shall be final and binding.

22.0 Insurance

i) Professional Indemnity Insurance

The Consultant shall effect and maintain professional Indemnity insurance for the amount in Indian Rupees equal to the contract cost payable to Consultant in respect of services to be carried out by, or on behalf of them. The Consultant shall produce evidence of coverage of the professional indemnity insurance before any payment is released. The insurance, which shall ensure the Consultant’s liability by reason of professional negligence and errors in the design of the works, shall be valid from the date of commencement of works, until 10 years after completion of Tunnel works in all respects. The cost of insurance should borne by Consultant. A certified copy of policy shall be submitted to KRCL.

ii) Employers Liability and Workers Compensation Insurance

Consultant shall take employers’ liability and workers’ compensation insurance in respect of the personnel of the Consultants and of any sub Consultants, 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.



23.0 Performance Guarantee

23.1 The Performance Guarantee shall be furnished by the successful Consultant after the letter of acceptance has been issued, but before signing of the agreement. The agreement shall normally be signed within Thirty days after the issue of Letter of Acceptance.

23.2 The successful Consultant shall give a Performance Guarantee in the form of an irrevocable bank guarantee amounting to 5% of the Contract value. Performance Guarantee shall be acceptable in the form of Deposit receipts, pay orders, demand drafts also. This Guarantee shall be initially valid upto the stipulated date of completion plus 60 days beyond that. In case, the time for completion for work gets extended, the contractor shall get the validity of Performance Guarantee extended to cover such extended time for completion of work plus 60 days.

23.3 Performance Guarantee shall be released after the successful completion of the services as per the terms of reference (TOR) based on the ‘Completion Certificate’ issued by the Competent Authority stating that the Consultant has completed the works in all respects satisfactorily.

23.4 Wherever the contract is rescinded, the Security Deposit shall be forfeited and the Performance Guarantee shall be encashed and the balance work shall be got done independently without risk and cost of the failed Consultant. The failed Consultant shall be debarred from participating in the tender for executing the balance work. If the failed Consultant is JV or a partnership firm, then every member/partner of such a firm shall be debarred from participating in the tender for the balance work either in his/her individual capacity or as a partner of any other JV/partnership firm.

23.5 Performance Guarantee shall be from amongst the Banks mentioned in Clause 18.3.1 of Instruction to Tenderers.

23.6 Performance Guarantee from International Banks will not be accepted. 24.0 Security Deposit

24.1 Security Deposit shall be 5% of the contract value.

24.2 Security Deposit shall be recovered at 10% from Running Bills till it reaches 5% of the contract value. In case of contracts of value Rs. 50 crore and above, irrevocable Bank guarantee from banks mentioned in Clause 18.3.1 of Instruction to Tenderers, can also be accepted as a mode of obtaining Security Deposit.

24.3 Save and except as provided above in clause 24.2 for contracts less than Rs. 50 crore, security Deposit will be recovered only from the running bills of the contract and no other mode of collecting Security Deposit shall be accepted.

24.4 Security Deposit shall be released to the Consultant after the completion of the “Defect Liability Period as defined in clause no. 8.1 of this section.

24.5 The Consultant will be entitled to release of the Security deposit only after the Defect Liability Period stipulated under cl. 8 hereof is over, the Final Bill has been passed, the Consultant has given a ‘No Claims Certificate’ and the Consultant procures a Certificate form the Competent Authority inter alia certifying that the work has been completed in all respects and all the contractual obligations have been fulfilled by the Consultant and that there are no dues from the Consultant to the Corporation in respect of the Contract. After the work is completed as per the



Terms of Reference (TOR), security deposit recovered from the running bills of Consultant can be returned to him if he desires so, in lieu of FDR/irrevocable Bank Guarantee for equivalent amount to be submitted by him.

25.0 Price Variation

25.1 The rates quoted by the tenderer and accepted by KRCL for Schedule item no. 1

to 9 of Annexure B1, Schedule item no. 1 to 6 of Annexure B2 are firm and shall hold good till the completion of work and no additional claim will be admissible on any account whatsoever.

26.0 Quantity Variation

26.1 There is no variation in Quantity for Design Consultancy for Schedule item no. 1 to 9 of Annexure B1. However, for items in the Schedule item no. 1 to 6 of Annexure B2, the quantity variation shall be as per under mentioned paras:

26.1.1 Consultant shall not be entitled for any compensation for any decrease in

quantity executed and will be paid for reduced quantity of work only at the accepted rates.

26.1.2 For increase in quantities, the accepted variation of each individual item of the Annexure B2 would be up to 25% of the quantity originally contracted. The Consultant shall be bound to carry out the work at the agreed rates, terms & conditions and shall not be entitled to any claim or any compensation whatsoever up to the limit of 25% variation in quantity of individual item.

26.1.3 For increase in the quantities more than 25%, the rate for the increased quantities beyond 25% shall be negotiated between the KRCL and the Consultant.

LABOUR

27.0 Consultant to indemnify Corporation

27.1 The Consultant shall keep the Corporation indemnified in case any action is taken against the Corporation by the competent authority on account of contravention of any of the provisions of any Act or rules made thereunder, regulations or notifications including amendments. If the Corporation is caused to pay or reimburse such amounts as may be necessary to cause or observe, or for non-observance of the provisions stipulated in the notifications/bye laws/Acts/Rules/regulations including amendments, if any, on the part of the Consultant, the Engineer-in-charge or his representative/Corporation shall have the right to deduct any money due to the Consultant including his amount of performance security. The corporation/Engineer-in-charge or his representative shall also have right to recover from the Consultant any sum required or estimated to be required for making good the loss or damage suffered by the corporation.

28.0 Claims on account of violation of Labour laws

28.1 If any money shall as a result of any instructions, directions or decisions from the

authorities or claim or application made under any of the labour laws or regulations be directed to be paid by the Engineer-in-charge because of any failure of the Consultant, such money shall be deemed to be money payable to the Engineer-in-charge by the Consultant and on failure of the Consultant to repay the Engineer-in-charge any money paid or to be paid as aforesaid within seven days after the same shall have been demanded, the Engineer-in-charge shall be entitled to



recover the amount from any money due or becoming due to the Consultant under this or any other contract with the Employer. The Engineer-in-charge shall not be bound to contest any such claim or demand unless the Consultant makes a written request for it, and Consultant’s reasons for contesting are considered reasonable by the Engineer-in-charge and the Consultant deposits the full cost that the Engineer-in-charge may have to incur in contesting the case. 28.1.1 The employees of the Consultant and the Sub-Consultant in no case shall

be treated as the employees of the Corporation at any point of time.

28.1.2 Some major laws applicable to establishments engaged in building and other construction work are given hereunder for reference :

i) Workmen Compensation Act 1923 ii) Payment of Gratuity Act 1972 iii) Employees P.F and Miscellaneous Provision Act 1952 iv) Maternity Benefit Act 1951 v) Provision of Contract Labour (Regulation & Abolition) Act 1970. vi) The Building & other Construction workers welfare cess Act, 1996. vii) Minimum Wages Act 1948 viii) Payment of Wages Act 1936 ix) Equal Remuneration Act 1979 x) Payment of Bonus Act 1965 xi) Industrial Disputes Act 1947 xii) Industrial Employment's (Standing Orders) Act 1946 xiii) Trade Unions Act 1926 xiv) Child Labour (Prohibition & Regulation) Act 1986 xv) Inter-State Migrant workmen's (Regulation of Employment and

Conditions of service) Act 1979

29.0 Employees Pension Scheme

29.1 As per section 22 of the Employees Pension Scheme, 1995, every Consultant shall submit to the principal employer within seven days of the close of every month a statement showing the particulars in respect of employees employed by or through him in respect of whom contributions to the Employees Pension Fund are payable and shall also furnish to him such information as the principal employer is required to furnish under the provisions of this scheme to the Commissioner.

30.0 Engagement of local labour, land oustees, transporter and other service

facilitators

30.1 As far as possible, local vehicles to be hired. As far as possible, employment shall be given to local youths of J&K state and skilled, unskilled categories of workmen like drivers, cooks, computer operators, labours etc. shall be locally deployed. Consultant shall regularly clear the payment of employees, transporters, sub-Consultants etc.

ARBITRATION AGREEMENT

31.0 Settlement of Disputes

31.1 For settlement of disputes with Central PSE`s, or if CPSE are lead partner the procedure as per extant orders of Permanent Machinery for Arbitration (PMA), Bureau of Public Enterprises, and Government of India shall be followed.



31.2 In addition to list of excepted matters provided in clause No. 63 of GCC of Northern Railway the following clauses of Special Conditions shall also be treated as “excepted matters”.

Special Conditions of Contract

1. Clause No. 15.1

2. Clause No. 21.2

32.0 Standing Arbitral Tribunal

32.1 The Arbitral Tribunal shall consist of a panel of three Gazetted Rly. Officers not below JA grade, OR 2 Railway Gazetted Officers not below JA Grade and a retired Railway Officer, retired not below the rank of SAG Officer as the Arbitrators. The SAT shall be formed within three months from the date of the execution of the Contract. For this purpose, the Corporation will send a panel of more than 3 (Three) names of Gazetted Rly. Officers of one or more departments of the Railway, which may also include the name(s) of retired Railway Officers empanelled to work as Railway Arbitrator to the contractor. Within two weeks from the receipt of the list, the contractor shall intimate in writing two names from the said list to the Managing Director, KRCL. The Managing Director/KRCL shall appoint at least one out of them as the contractor’s nominee and will, also simultaneously appoint one more person from the said list as Corporation’s nominee and also appoint the third member, duly indicating the presiding Arbitrator from amongst the 3 (Three) Arbitrators so appointed. While nominating the Arbitrators, it will be necessary to ensure that one out of them is from the Accounts department.

32.2 If the contractor fails to select the members from the approved panel within 14 (Fourteen) days of the date of the receipt of the said approved panel, the Corporation shall immediately in writing inform this fact to the MD/ KRCL. On receipt of this information, the Managing Director, KRCL shall within two weeks, appoint one Arbitrator from the list of arbitrators given to the contractor.

32.3 If one or more of the Arbitrators appointed refuses to act as Arbitrator, withdraws from his office as Arbitrator, or vacates his office or is unable or unwilling to perform his functions as Arbitrator for any reason whatsoever or dies or in the opinion of the Managing director of KRCL, fails to act without undue delay, the Managing Director shall terminate the mandate of such Arbitrator and thereupon new Arbitrator shall be appointed in the same manner, as the outgoing Arbitrator had been appointed.

32.4 In the specific cases of any misconduct by any of the members of the TRIBUNAL, the parties shall have the right to specifically bring it to the notice of the TRIBUNAL such conduct, through a statement filed with necessary documents in proof of such misconduct and the TRIBUNAL, after taking NOTICE of such conduct initiate the replacement of the member concerned, in the same manner the member to be replaced was appointed.

32.5 Reference to Arbitration

32.5.1 Under Clause 43 of the Standard General Conditions of Contract of Northern Railway, the Contractor has to prepare and furnish to the Engineer-in-charge and to Chief Engineer of Project, once in every six months an account giving full and detailed particulars of all the claims for any additional expenses, to which the Contractor may consider himself



entitled to and all extra or additional works ordered by the engineer which he has executed during the preceding six months. If any dispute has arisen as regards execution of the works under the contract, while submitting the said half yearly claims, the contractor shall give full particulars of such dispute in the said submission. After signing Arbitration Agreement, in the first submission of claims, contractor shall submit all the claims from the date of award of contract to the date of first submission.

32.5.2 The Contractor will submit a copy of the half yearly claims under Clause 43 of General Conditions of Contract of Northern Railway, to Chief Engineer, along with particulars of any other disputes which may have arisen between the parties in respect of the execution of the Contract to the Arbitral Tribunal.

32.5.3 The parties shall submit all the relevant documents in support of their claims and the reasons for raising the dispute to the TRIBUNAL.

32.5.4 If the claims made by the Contractor in the said submission to Chief Engineer, is refuted or the payment is not made within one month from the date of the submission of the said half yearly claims, a dispute would be deemed to have arisen between the parties. The contractor, within one month from the date when the dispute arises or is deemed to have arisen, will communicate to the Arbitral Tribunal on a half yearly basis of the said refusal/non payment. The said communication will be the reference of the dispute to the ARBITRAL TRIBUNAL appointed under the present agreement.

32.5.5 The said claims of the contractor so referred to ARBITRAL TRIBUNAL so far it relates to the disputed claims, shall be treated as Statement of Claims of the Contractor and the ARBITRAL TRIBUNAL shall call upon the KRCL to submit its reply. The ARBITRAL TRIBUNAL after giving an opportunity of being heard to both the parties, decide the dispute within a period of four months from the date of communication of the dispute under clause 32.5.3 above. The Arbitral Tribunal will pass a reasoned award in writing, while deciding the Dispute. Once the award is declared, the Arbitral Tribunal cannot review the same except what is permissible in terms of provisions contained in Arbitration and Conciliation Act, 1996. The parties shall be entitled to the remedies under the Arbitration and Conciliation Act 1996 or any amendment thereof

32.5.6 The parties agree that all the claims of any nature whatsoever, which the contractor may have in respect of the work of the preceding six months, should be made in the said Statements of half yearly claims. If the Contractor does not raise the claim, if any, arising from the work done in the preceding six months in the statement of half yearly claim, to Engineer in Charge and Chief Engineer, the Contractor shall be deemed to have waived and given up the claims. The ARBITRAL TRIBUNAL shall not entertain such disputes, which have not been raised in the statement of half yearly Claim before the Chief Engineer/Engineer-in-Charge and such claims will stand excluded from the scope of arbitration and beyond the terms of reference to the ARBITRAL TRIBUNAL.

32.5.7 The parties agree that where the Arbitral award is for payment of money, no interest shall be payable on the whole or any part of the money for any period till the date on which the award is made.

32.5.8 After receiving the intimation from the KRCL that the final bill is ready for payment, the Contractor shall within 60 (sixty) days of such intimation make a detailed statement of claims if any arising after the submission of the last half yearly statement mentioned in clause 32.5.1 above, to the KRCL. If the claim is refuted or the payment is not made within 3 (three) months from the receipt of the said statement, a dispute would be deemed to have arisen in respect of such claims, which will be decided by the ARBITRAL TRIBUNAL in the same manner as clause 32.5.4, 32.5.5 and



32.5.6 above. If no such claims are raised, the contractor would be deemed to have no claims.

32.6 General Terms 32.6.1 The Arbitral Awards shall be implemented by both the parties unless

challenged under the provisions of the Arbitration Act 1996.

32.6.2 The Obligations of the Employer, the Engineer-in-charge and the Contractor shall not be altered by reasons of arbitration being conducted during the progress of works. Neither party shall be entitled to suspend the work on account of arbitration and payments to the Contractor shall continue to be made in terms of the contract and /or as awarded (except when Award is challenged in the Court in which case the payments would be as per the court’s orders )

32.6.3 The provisions of the Arbitration and Conciliation Act 1996, with statutory modifications thereto will apply to the Arbitration proceedings under this agreement.

32.6.4 Subject to the contents of the foregoing clauses, all the disputes which may arise between the parties in connection with or arising out of the Contract or the execution of the Works, whether during the execution of works or after their completion and whether before or after the repudiation or after termination of contract, shall be referred to the ARBITRAL TRIBUNAL appointed under this agreement. The ARBITRAL TRIBUNAL shall decide the disputes in accordance with the terms of the PRINCIPAL CONTRACT excluding excepted matters defined in General Conditions of Northern Railway and/or in Principal Contract Agreement, which fall beyond the jurisdiction of Arbitrators and matters which under the terms of the Contract attain finality.

32.6.5 The ARBITRAL TRIBUNAL shall remain in force during the entire period the PRINCIPAL CONTRACT is in force and until the closure of the PRINCIPAL CONTRACT with the final no claim certificate, which will be filed with ARBITRAL TRIBUNAL. However, the time limitation for filing final list of claims is governed by clause 32.5.8 above. The agency shall submit no claim certificate except for the claims raised during earlier half yearly claims.

32.6.6 The Arbitral Tribunal shall conduct the Arbitration proceedings at Mumbai/Delhi or any other convenient venue which shall be decided by KRCL.

32.6.7 The cost of arbitration shall be borne equally by the respective parties. The cost shall inter-alia include fee of the arbitrators as per the rates fixed by the Konkan Railway Corporation Limited from time to time.



33.0 Settlement through Court

33.1 It is a term of this contract that the Contractor shall not approach any Court of Law for settlement of such disputes or differences unless an attempt has first been made by the parties to settle such disputes or differences through clauses 32.0 above.

33.2 The contract shall be governed by the law for the time being in force in the Republic of India. In case of any disputes/differences resulting in court case/s between contractor & KRCL, the jurisdiction shall be of Courts at Mumbai only.


Appendices Consultancy –T6, T9, T10, T11, T12, T13, T14, T15 & T16

APPENDICES



Appendix -1

Tenderer’s Information All individual firms and each partner of a joint venture are requested to complete the information in this form. 1. Name of Tenderer 2. Head office Address 3. Address on which correspondence should be done with Tel. Nos., Fax No. & E-mail

address 4. Place of incorporation / registration

Year of incorporation / registration 5. Constitution of Tenderer I) Specify, if the Tenderer is

a. An individual

b. A proprietary firm ------------------------

c. A firm in partnership

d. A Limited Company or Corporation

e. A group of firms / joint venture (If yes, give complete information in respect of each member)

II) Attach a copy of Proprietorship or Partnership Deed

or Article of Association or Incorporation of Company or JV Agreement as the case may be. --------------------- 6. Give particulars of registration with Govt./Semi Govt./Public Sector Undertakings/Local

Bodies --------------------- 7. PAN No -------------------- 8. PF No --------------------



Appendix - 2 A

Clause no.5.2.1 of the Instructions of Tenderer

Statement of Civil Engineering Design Consultancy in NATM for Rail/Road Mined Tunnels Executed/completed during last 7 years immediately preceding the current

financial year plus the current financial year” i.e., upto date of opening of tender

Name of

Work Contract No.

& Date Name &

Address of client

(Including Tel./Fax No.)

Date of Award of

work

Date of actual start

of work

Date of scheduled completion

Actual date of completion

Length of Tunnel

Excavated Cross Sectional Area

Methodology Of Tunnel Execution

Reference to Certificate

supporting the information

1 2 3 4 5 6 7 8 9 10 11

Note:

1. Tenderer should provide information as per this proforma for the firm/company and for each member in case of joint venture for all completed Tunnel works (Rail/Road Mined Tunnels).

2. Certificate from principal client for the above information should be attached with the offer, for work to be considered for fulfillment of clause no. 5.2.1 of the Instructions to Tenderers. The client’s certificate should inter- alia indicate the date of award, scheduled date of completion, actual date of start and completion, length of tunnel, methodology of tunnel execution, excavated cross sectional area of tunnel.



Appendix - 2 B

Clause no.5.2.2 of the Instructions of Tenderer


Name of

Work Contract No.

& Date Name &

Address of client

(Including Tel./Fax No.)

Date of Award of

work


of work



Maximum Overburden,

Methodology of Tunnel Execution



1 2 3 4 5 6 7 8 9 10

Note:


2. Certificate from principal client for the above information should be attached with the offer, for work to be considered for fulfillment of clause no. 5.2.2 of the Instructions to Tenderers. The client’s certificate should inter- alia indicate the date of award, scheduled date of completion, actual date of start and completion, maximum overburden, methodology of tunnel execution.



Appendix - 2 C Clause no.5.2.3 of the Instructions of Tenderer


Name of Work

Contract No. & Date

Name & Address of

client (Including

Tel./Fax No.)

Date of Award of

work


of work



Length of Soft Strata Patches

Methodology of Tunnel Execution



1 2 3 4 5 6 7 8 9 10

Note:


2. Certificate from principal client for the above information should be attached with the offer, for work to be considered for fulfillment of clause no. 5.2.3 of the Instructions to Tenderers. The client’s certificate should inter- alia indicate the date of award, scheduled date of completion, actual date of start and completion, length of soft strata patches, methodology of tunnel execution.



Appendix - 3 Ref. Clause No. 5.3 of the Instructions of Tenderer

Total Consultancy amount received

Tenderer should provide information as per this proforma for the firm/company and for each member in case of Joint venture/consortium for the total Consultancy amount received in terms of gross payment received through various contracts during last 7 years immediately preceding the current financial year plus the current financial year” i.e., upto date of opening of tender.

Use separate sheet for each partner of a joint venture/consortium

Sr. No. Financial Year Consultancy amount received (in INR)

1 2004-2005 2 2005-2006 3 2006-2007 4 2007 - 2008 5 2008 - 2009 6 2009 - 2010 7 2010-2011

2011 – 2012 upto date of opening of tender

Please attach

i. Attested copy of Annual Income Tax Returns filed with Income Tax Department,

ii. Attested copy of Tax deducted at Source (TDS) certificate,

iii. Attested copy of Audited Balance Sheet duly certified by Chartered Accountant,

iv. Attested Certificates from Employers/Clients about contractual payment received for

the work done.



Appendix - 4

List of Key Personnel / Engineers proposed to be deployed on this project

Sr. No. Name Designation Qualification Professional

Experience

Name of Work and location

where working

Note :Tenderer/s shall submit curriculum vitae of above personnel



Appendix - 5 FORMAT OF CURRICULUM VITAE (CV)

FOR PROPOSED KEY PERSONNEL / ENGINEERS

Proposed Position: ________________________________________________________________ Name Firm: ________________________________________________________________ Name of Staff: ________________________________________________________________ Profession: _______________________________________________________ Date of Birth: _____________________________________________________ Years with Firm / Entity: __________________ Nationality: _______________ Membership in Professional Societies: __________________________________ Detailed Tasks Assigned: ____________________________________________ Key Qualifications: [Give an outline of staff member’s experience and training most pertinent to tasks on assignment. Describe degree of responsibility held by staff member on relevant previous assignments and give dates and locations. Use about half a page.]

Education: [Summarize college / university and other specialized education of staff member, giving names of schools, dates attended and degrees obtained. Use about one quarter of a page.]

Employment Record: [Starting with present position, list in reverse order every employment held. List all positions held by staff member since graduation, giving dates, names of employing organizations, titles of positions held and locations of assignments. For experience in last ten years, also give type of activities performed and client references, where appropriate. Use about three quarters of a page.]

Languages: [For each language indicate proficiency: excellent, good, fair or poor; in speaking, reading and writing.]

Certification: I, the undersigned, certify that to the best of my knowledge and belief, these data correctly describe me, my qualification and my experience.

Date: ______________ [Signature of staff member and authorized representative of the Firm] Day/Month/Year Full name of staff member: _____________________________________ Full name of authorized representative: __________________________



Appendix - 6

Page 1/2

Litigation History

Tenderer should provide information as per this Performa for the firm/company and for each member in case of joint venture/consortium on any history of litigation or arbitration resulting from contracts executed in the last 5 financial years ending 31.03.2011 or currently in execution. A separate sheet should be used for each partner of the joint venture.

A) ARBITRATION CASES

Year Name of Work Name & address of client

Cause of litigation and matter in

dispute Disputed amount in

Rs. Actual Awarded Amount (in Rs.)

B) COURT CASES

Year Name of Work Name & address of client

Cause of litigation and matter in

dispute Name of Court

If judgement given whether for or

against the Tenderer



Appendix – 6

Page 2/2 C) INFORMATION REGARDING CURRENT LITIGATION, DEBARRING/EXPELLING

OF TENDERER OR ABANDONMENT OF WORK BY TENDERER

1 (a)

(b)

Has the Applicant or its constituent partners consistent history of litigation. If yes, give details

Yes / No

2 (a) (b)

Has the Applicant or any of its constituent partner been debarred/expelled by any Agency in India, during the last 5 financial years ending 31.03.2011 and upto the date of application except on account of reasons other than non-performance, such as rescinding of joint venture/consortium due to one of the member of joint venture/consortium pulling out, court directions leading to breaking up of a joint venture/consortium before start of work.

If yes, give details

Yes / No

3 (a) (b)

Has the Applicant or any of its constituent partners abandoned any contract work in India during the last 5 financial years and upto the date of application If yes, give details

Yes/No

4 (a) (b)

Has the Applicant or any of its constituent partner been declared bankrupt during the last 5 financial years ending 31.03.2011 and upto the date of application If yes, give details, including present status

Yes/No

5 (a) (b)

Has the Applicant or any of its constituent partner been debarred by any employer/client, KRCL or by any Railway If yes, give details

Yes/No

NOTE : i) Separate sheet may be used for giving detailed information.

ii) If it is found at any time before finalization of tender, that any tenderer/s has/have furnished misleading/wrong or fraudulent information/documents, his/their tender shall not be considered and the EMD of the tenderer/s will be forfeited. If it is found at any time after finalization of tender, that any tenderer/s has have furnished misleading/wrong or fraudulent information/documents, such case will attract criminal proceedings and work will be terminated and balance work carried out independently and Security deposit shall be forfeited and the Performance Guarantee shall be encashed.



Appendix - 7

UNDERTAKING BY TENDERER

1. Being duly authorized to represent and act on behalf of

………………………………………………………………………………… and having reviewed and fully understood all the eligibility requirements and information provided, the undersigned hereby declare that:

i) the statement made and information provided in the bid application are

completely full, true, correct and complete in every detail.

ii) this application is made in the full understanding that:

(a) bids by Applicants will be subject to verification of all information submitted at the time of bidding & Konkan Railway Corporation Limited (KRCL) or any authorized representative of KRCL is hereby authorized to conduct any inquiries or investigations to verify the statements, documents and information submitted in connection with the application and to seek clarification from our bankers, clients regarding any financial & technical aspects.

(b) in the event that the information/document submitted are found to be

false or misleading, this bid application will be disqualified.

iii) Konkan Railway Corporation Limited reserves the right to:

(a) modify the scope of work including Terms of Reference and the Tenderer/s shall have no claim on this account.

(b) reject or accept any application, cancel the tender process, and reject all

applications without assigning any reason therefor.

---------------------------------------------------- Signed

----------------------------------------------------

Name

---------------------------------------------------- For & on behalf of

---------------------------------------------------

Name of Applicant

--------------------------------------------------- Firm/Company/JV/Consortium



Appendix – 8

AFFIDAVIT*

1. I, the undersigned, do hereby certify that all the statements made in the accompanying attachments are full, true correct and complete.

2. The undersigned also hereby certifies that neither our concern M/s

………………………………………………………………………………… nor any of its constituent partners/Directors have abandoned any work on Konkan Railway Corporation Limited nor any contracts awarded to us for such works have been rescinded, during the last five financial years ending 31.03.2011 and upto date of this application.

3. The undersigned hereby authorize(s) and request(s) our bank(s), our concerns and

all of its partners/Directors/officers to furnish such information as may be necessary or required by Konkan Railway Corporation Limited to verify the truth of this statement contained in this affidavit and the accompanying attachments or regarding my (our) competence and general reputation.

4. The undersigned understands that further qualifying information may be required by

Konkan Railway Corporation Limited and hereby agrees to furnish any such information at the request of the Konkan Railway Corporation Limited.

Note: In case of Joint Venture/Consortium to be given separately by each partner

---------------------------------------------------- Signed by an Authorized Officer of the Firm

----------------------------------------------------

Title of Officer

---------------------------------------------------- Name of Firm

----------------------------------------------------

Date

_____________________________________________________________ *To be given on Non-judicial stamp paper duly signed by authorized notary.



Appendix – 9 Page 1/4

To Be Executed on a Non-Judicial Stamp Paper of Rs. 100/- duly signed by authorized notary

JOINT VENTURE/CONSORTIUM AGREEMENT This Joint Venture/Consortium Agreement executed at ………………………. on ………….. Day of ………, 2011 between M/s ………………………………………………………………………… (Name of JV/Consortium) wherein Registered office of first, second and third party is at ………………………………………………………………… and represented through their constituted attorney Shri. ……………………………………………………………………………. S/o Shri …………………………………………………………………………… for the first party and Shri ……………………………………………………… S/o Shri. ……………………….……… for the second party and Shri. ……………………………………………………… S/o Shri. ……………………….……… for the third party (The expression and words of the first and second and third party shall mean and include their heirs, successors, assigns, nominees execution, administrators and legal representative respectively)

WHEREAS all the parties are engaged mainly in the business of Civil Engineering and General Contracts for various Government departments and Organizations.

WHEREAS the parties herein above mentioned are desirous of entering into a Joint Venture/Consortium for submitting bid document and if contract awarded, carrying on Engineering and/or contract works, in connection with ………………………….………………………………………………………. and other works mentioned in tender notice no. KR/PD/J&K/HO/Tender/ DDC/ Tunnels T6 -T16 /3/2011 dtd.27.07.2011 of Konkan Railway Corporation Limited, in connection with Katra - Dharam New Rail Line Project or any other work or works, as mutually decided between the parties of this Joint Venture/ Consortium.




NOW THIS AGREEMENT WITNESSES AS UNDER:

1. That in and under this Joint Venture/Consortium Agreement the work will be done jointly in the name & style of M/s …………………………………………………………………………. (Joint Venture/ Consortium of M/s …………………………………………………………, M/s ……………………………….. and M/s ………………………………..………………………).

* clarify whether a company or a partnership firm or a sole proprietary firm.

2. That all the parties shall be legally liable, severally and jointly responsible for the

satisfactory/successful execution/completion of the work in all respects in accordance with terms & conditions of the contract irrespective of share and role specified in JV/ Consortium agreement. All the parties shall be jointly and severally liable & responsible for fulfilling the obligations of the tender/bid document.

3. That the role and responsibility of each constituent of the said Joint

Venture/Consortium in details, covering all aspects of the planning and successful completion of the work shall be as under

The first party i.e. the “Lead Partner” shall be responsible for the providing services as per the terms of reference (TOR) under the scope of the contract. The second party shall be responsible for …………..……………………….. of the contract work. The third party shall be responsible for …………………………..……………… of the contract work.

4. The share of Profit & Loss of each constituent of the said Joint Venture/Consortium shall be as under

(JV/Consortium partners have to indicate here)

5. That all the parties of this Joint Venture/Consortium shall depute sufficient no. of

experienced staff as committed to commensurate with their role and responsibilities and as required for the successful completion of the works in close consultation with each other.

6. That the financial investment and other resources required for the successful execution/completion of work under this Joint Venture/ Consortium shall be brought in by the parties as per mutual agreement/understanding between them from time to time.

7. That all the Bank Guarantees shall be furnished jointly by all the parties in the

name of Joint Venture/Consortium.




8. That the party number ……………………………. M/s …………………………………………………………………………………………… to this Joint Venture/Consortium shall be the prime (lead partner) Consultant and will be responsible for timely completion of work and to coordinate with the Konkan Railway Corporation Limited to receive payments and also to make all correspondence on behalf of this Consortium/Joint Venture. The prime Consultant (lead partner) shall incur all liabilities and receive instructions for and on behalf of all partners of the joint venture/consortium.

9. That all the above noted parties i.e. …………………………………………

………………………………………………………………….do not make any changes in this Joint Venture agreement or terminate this Joint Venture agreement, after the submission of the tender, till finalisation of the tender, and also if the contract is awarded to the Joint Venture/Consortium of above parties, till successful completion of all the works under the contract, without prior written consent of the Konkan Railway Corporation Limited.

10. This agreement shall not be assignable by any party without the prior consent, at

first instances of all other parties & finally without consent of KRCL.

NOW THE PARTIES HAVE JOINED HANDS TO FORM THIS JOINT VENTURE/ CONSORTIUM ON THIS …………………… DAY OF …………………..TWO THOUSAND ……………….. WITH REFERENCE TO AND IN CONFIRMATION OF THEIR DISCUSSIONS AND UNDERSTANDING BROUGHT ON RECORD ON ……………………….

IN WITNESS THEREOF THE ABOVE NAMED PARTIES HAVE SET THEIR RESPECTIVE HANDS ON THIS JOINT VENTURE/CONSORTIUM AGREEMENT ON THE DAY, MONTH AND YEAR, ABOVE MENTIONED IN THE PRESENCE OF THE FOLLOWING WITNESSES: WITNESSES

1. First Party

2. Second Party

3. Third Party



Appendix – 9

Page 4/4 Note:

1. Joint Venture (JV)/Consortium shall not have more than 3 partners (including the lead partner).

2. In case of a company, please submit the article of association along with power of

attorney/board resolution authorizing the person signing the agreement. 3. In case of a partnership firm, please submit the partnership deed along with the

power of attorney. 4. In case of a sole proprietary firm, please submit an affidavit authorizing the

signatory to the JV/Consortium.

5. In case of joint venture/consortium, authorization of lead partner to incur all liabilities and receive instructions for and on behalf of all partners of the joint venture/consortium, shall be evidenced by submitting a power of attorney signed by legally authorized representative of all the partners of JV/Consortium with further stipulation that it shall be valid for the entire period of the completion/extended period of the work including maintenance period.

6. The Joint Venture/ Consortium Agreement shall be executed on non-judicial

stamp paper duly attested by Notary public with seal and revenue stamp affixed thereon.

7. JV/Consortium formed after the submission of the tender bid will not be

accepted. 8. In the event of default/withdrawal of any partner, arrangement for providing the

required indemnities shall be spelt out and shall be binding on each partner of the joint venture/Consortium.



Appendix 10

PROFORMA FOR EXTENSION OF TIME IN TERMS OF LIQUIDATED DAMAGES

REGISTERED ACKNOWLEDGEMENT DUE

---------------------- Dated ------- ---------------------- ---------------------- Sub : (i) ----------------------------------------------------------- (Name of work) (ii) Acceptance letter No. --------------------------------------------------- (iii) Understanding/Agreement No. --------------------------------------- Ref: - -------------------------- (Quote specific application of Contractor for extension to the date,

if received) Dear Sir, 1. The stipulated date for completion of the work mentioned above is ------------------. From

the progress made so far and the present rate of progress, it is unlikely that the work will be completed by the above date (or However, the work was not completed on this date).

2. Expecting that you may be able to complete the work, if some more time is given, the

competent authority, although not bound to do so, hereby extends the time for completion from -------------------- to -------------------------------------------------------------------------------------------------------------------------

3. Please note that an amount equal to the liquidated damages for delay in the completion

of the work after the expiry of ------------------------------ (give here the stipulated date for completion with/without and penalty fixed earlier) will be recovered from you as mentioned in Clause 17(B) of the General Conditions of Contract of Northern Railway for the extended period, notwithstanding the grant of extension. You may proceed with the work accordingly.

4. The above extension of the completion date will also be subject to the further condition

that no increase in rates on any account will be payable to you. 5. Please intimate within a week of the receipt of this letter, your acceptance of the

extension of the conditions stated above. 6. Please note that, in the event of your declining to accept the extension on the above

said conditions or in the event of your failure after accepting or acting up this extension to complete the work by --------------------- (here mention the extended date), further action will be taken in terms of Clause 62 of the General Conditions of Contract of Northern Railway.

Yours Faithfully,

For and on behalf of Konkan Railway Corporation Limited



Appendix - 11

CERTIFICATE OF FAMILIARISATION

(Tenderer should fill the blank spaces) A) I/We hereby solemnly declare and certify that I/We have actually inspected/investigated

the site(s) of work on ------------------------------- by our representative Shri. ------------------------------------------------------------------------ and have fully familiarized myself/ourselves with all aspects of constructional features such as accessibility, working conditions, geo-physical / terrain conditions, security related issues, transhipment problems of machinery, sources and, availability of water and electricity including all local taxes, royalties, octrois, availability of local labour (both skilled and unskilled), relevant labour rates and labour laws, availability and rates of private land required for various purposes, land for dumping ground, climatic conditions, availability of working space, main approach roads and feeder roads (if any) including their approximate lengths required to be constructed, whereupon only percentage rate have been quoted by me/us.

B) I/we have kept myself/ourselves fully informed of the provisions of this tender document

comprising NIT, General Information, Tender Form (Form of Bid), Instructions to Tenderer/s and Appendices, General Conditions of Contract of Northern Railway, Special Conditions of Contract, Annexures, Schedule of Items, Rates and Quantities (Bill of Quantities), Addendum(s), Corrigendum(s), Drawings, Northern Railway Standard Specifications for works, Northern Railway Standard Schedule of Rates, apart from information conveyed to me/us through various other provisions in this tender document.

C) I/We have quoted my/our percentage rate for the items in Schedule of Items, Rates and

Quantities (Bill of Quantities) taking into account all the factors given above and else where in the tender document.

Signature of Tenderer(s)

Date: Seal:



Appendix – 12

AFFIDAVIT

(Applicable for tender documents downloaded from KRCL website)

A) I/We hereby solemnly declare and certify that I/We are fully responsible for the

errors/omissions in the tender documents downloaded from the KRCL web site

www.konkanrailway.com.

B) I/We hereby agree that in case of errors/omissions in the tender documents downloaded

from the web site, the master copy (along with the corrigendums, if any issued) available

with the office of General Manager (Projects), Konkan Railway Corporation Ltd., Head

office USBRL Project, Northern Railway Complex, Galadani, Narwal Road, Jammu –

180 004 (J&K), Tel - +91- 191 - 2100165 Fax No. + 91 -191 -2475325 shall prevail.

C) In case, the tender documents downloaded from web site and submitted found

incomplete, I/We hereby accept that tender shall be liable for rejection.

D) I/We hereby agree that the agreement shall be prepared based on the master copy

available in the office of General Manager (Projects) and not based on the tender

documents downloaded from the KRCL web site and submitted by me/us.

Signature of Tenderer(s)

Date: Seal: --------------------------------------------------------------------------------- *To be given on Non-judicial stamp paper duly signed by authorised notary.




(TO BE EXECUTED ON A STAMP PAPER OF RS. 100/-)


AGREEMENT FOR THE WORK CONTRACT AGREEMENT NO. KR/PD/J&K/CONT/-------------------------------- made this ------- day of ---------------, 2011 between KONKAN RAILWAY CORPORATION LIMITED (PROJECTS) acting through the General Manager (Projects), head quartered at Belapur,

hereinafter called the Corporation (which expression shall unless repugnant to the context

shall include the successors, heirs, administrators and permitted assigns of the Corporation)

of the one part

AND M/s ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- [Name of Contractor with Address] (Represented by Shri. --------------------------------------------------- (having been authorized to sign the contract) hereinafter called the Contractor (which

expression shall unless repugnant to the context shall include the successors, heirs,

administrators and permitted assigns of the Contractor) of the other part WHEREAS KONKAN RAILWAY CORPORATION LIMITED (PROJECTS) has invited tender vide Tender no.KR/PD/J&K/HO/Tender/ DDC/Tunnels T6 -T16/3/2011 dtd.27.07.2011 for the ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------on Katra - Dharam Section of the Udhampur – Srinagar – Baramulla Rail Link Project from experienced consultants.




WHEREAS the Contractor has submitted his tender for the performance of the work i.e.

Construction of -------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------------------

------------------------------------- on the Katra - Dharam Section of the Udhampur - Srinagar -

Baramulla Rail Link Project vide their offer for Tender No. KR/PD/J&K/HO/Tender/DDC/

Tunnels T6 -T16/3/2011 dtd.27.07.2011 at the rate of -------% above/below/at par [strike out

whichever is not applicable] (--------------------------------------------------- [in words] Percent

above/below/at par) the Schedule of Items, Rates & Quantities (Annexure ----).

WHEREAS the Corporation has held negotiations for the above work vide their letter No. ------

---------------------- dtd. -------------------- (Annexure -------) and the firm has quoted their

negotiated percentage at the rate of ---------% (------------------------------------------------------ [in

words]) above the Schedule of Items, Rates and Quantities at total cost of Rs. --------------------

--------------------/- (Rs. -----------------------------------------------------------------------------------------------

------------ Only [in words]). {This is applicable in case negotiations held with Contractor}.

WHEREAS the Corporation has issued their acceptance to Contractor's offer / negotiated

offer [Strike out whichever is not applicable] for schedule vide their letter No. ----------------------

----------------------------------------- dtd. --------------------at the rate of ----------% (------------------------

------------------ Percent) above the basic cost of Schedule at the total cost of Rs. ------------------

-------------------------(Rs. ----------------------------------------------------------------------------------------

Only) annexed hereto and marked as Annexure – ------- and the Contractor has agreed &

confirmed his unconditional acceptance to the Corporation's said letter of acceptance referred

above and marked as Annexure - -------.

NOW THIS INDENTURE WITNESSETH that in consideration of the payment to be

made by the Corporation to the Contractor's aforesaid letter of acceptance the Contractor will

duly perform the said work and shall execute the same with great promptness care and

accuracy in workman like manner to the satisfaction of the Corporation and will complete the

same in accordance with the said specifications, drawings, site instructions and conditions of

contract and complete the same within ----------- (-------------- [in words]) months from the date

of issue of acceptance letter and further will observe to fulfill and keep all the conditions

contained in the Corporation's letter of acceptance (which shall be deemed and taken as

to be integral part of the agreement)




AND THE Corporation does hereby agree that if the Contractor shall duly perform the said

work in the manner aforesaid and observe to keep the said terms and conditions, the

Corporation will pay, or cause to be paid to the Contractor, for the said work, at the rates

given for various items in the Schedule of Items, Rates and Quantities and percentage

rate/negotiated percentage rate tendered by Contractor and as accepted by Corporation as

set forth in the Annexure ------- - Schedule of Items, Rates and Quantities (Bill of Quantities). It is hereby agreed that all the provisions of the said conditions, specification which have been

carefully read and understood by the Contractor and bill of quantities shall be as binding upon

the Contractor and upon the Corporation and if the same has been repeated herewith shall be

read as part of these presents.

The entire document including Annexures ………………… (from Page No. …… to ………….) annexed to this Agreement with Special Conditions of Contract and General Conditions of Contract 1999 of Northern Railway, shall form and construed as part of this Agreement.

General Manager (Projects) Signature of the Consultants KRCL, Belapur M/s ------------------------------- ------------------------------ ------------------------------ ------------------------------ ------------------------------ [Name and Address of Contractor] 1. WITNESS: 1. WITNESS: 2. WITNESS: 2. WITNESS:



Appendix 14 Page 1/3

(TO BE EXECUTED ON A STAMP PAPER OF RS. 100/-)

GUARANTEE BOND (FOR PERFORMANCE BANK GUARANTEE)

In consideration of the KONKAN RAILWAY CORPORATION LTD., Belapur Bhavan, 5th Floor,

Sector 11, CBD Belapur, Navi Mumbai 400 614 (hereinafter called “M/s KRCL”) having

agreed to exempt M/s -------------------------------------------------------------------------- [Name and full Address of work awarded contractor], [hereinafter called “the said Contractor(s)”] from

the demand, under the terms and conditions of Letter of Acceptance No. KR/PD/J&K/Cont/----

-------------------------- Dated ----------- made between KONKAN RAILWAY CORPORATION

LTD., and M/s -----------------------------------------------------------------[Name of work awarded Consultant], for “-----------------------------------------------------------------------------------------------------

--------------------------------------------------------------------------------------------------- [Name of work] (hereinafter called “the said Agreement”) of Performance Guarantee for the due fulfillment of

the work by the said consultant (s) as per the terms and conditions contained in the said

Agreement, on production of Bank Guarantee for Rs. ----------------------------------- (Rupees -----

--------------------------------------------------------------------------------------------------------------[in words]), We, ----------------------------------------------------------------------------------------------[Name of Bank with full Address] ( hereinafter referred to as “the Bank” ) at the request of




M/s --------------------------------------------------------------- [Name of work awarded contractor] Contractor(s) do hereby undertake to pay to M/s KRCL amount not exceeding Rs. ---------------

------- (Rupees ------------------------------------------------------------ [in words]), against any loss or

damage caused to or suffered or would be caused to or suffered by M/s KRCL by reasons of

any breach of the said consultant (s) of any of the terms or conditions contained in the said

Agreement.

We, ------------------------------------------ [Name of Bank] do hereby undertake to pay the

amounts due and payable under this guarantee without any demur, merely on a demand from

M/s KRCL stating that the amount claimed is due by way of loss or damage caused to or

would be caused to or suffered by M/s KRCL by reason of breach by the said consultant (s)

of any terms or conditions contained in the said Agreement or by reason of the said

contractor(s) failure to perform the said Agreement. Any such demand made on the bank

shall be conclusive as regards the amount due and payable by the Bank under this

guarantee. However, our liability under this guarantee shall be restricted to an amount not

exceeding Rs. ------------------------------------------------------- (Rupees ------------------------------------

-------------------------------------------------- [in words]). We undertake to pay to M/s KRCL any

money so demanded notwithstanding any dispute or disputes raised by the contractor(s) in

any suit or proceeding before any Court or Tribunal relating thereto our liability under this

present being absolute and unequivocal. The payment so made by us under this bond shall

be a valid discharge of our liability for payment there under and the consultant (s) shall have

no claim against us for making such payment.

We, ------------------------------------- [Name of Bank], further agree that the guarantee herein

contained shall remain in full force and effect during the period that would be taken for the

performance of the Said Agreement and that it shall continue to be enforceable till all the dues

of M/s KRCL under or by virtue of the said Agreement have been fully paid and its claims

satisfied or discharged or till M/s KRCL certifies that the terms and conditions of the said

Agreement have been fully and properly carried out by the said consultant (s) and accordingly

discharged this guarantee. Unless a demand or claim under this guarantee is made on us in

writing on or before ----------- [Date up to which the Bank Guarantee is valid], we shall be

discharged from all liability under this guarantee thereafter.




We, ------------------------------------------------- [Name of Bank], further agree with M/s KRCL that

M/s KRCL shall have the fullest liberty without our consent and without affecting in any

manner our obligations hereunder, to vary any of the terms and conditions of the said

Agreement or to extend time of performance by the said consultant (s) from time to time or to

postpone for any time or from time to time any of the powers exercisable by M/s KRCL

against said consultant (s) and to forbear or enforce any of the terms and conditions relating

to the said Agreement and we shall not be relieved from our liability by reason of any such

variation or extension being granted to the said consultant (s) or for any forbearance, act or

omission on the part of M/s KRCL or any indulgence by M/s KRCL to the said consultant (s)

or by any such matter or thing whatsoever which under the law relating to sureties would but

for this provision, have effect of so relieving us.

This guarantee will not be discharged due to the change in the constitution of the Bank or the

Contractor(s).

We, ------------------------------------------ [Name of Bank], lastly undertake not to revoke this

guarantee during its currency except with the previous consent of M/s KRCL, in writing.

Notwithstanding anything contained hereinabove:-

1. Our liability under this Bank Guarantee shall not exceed Rs. ----------------------------

---- (Rupees ------------------------------------------------------------------------- [in words]).

2. This Bank Guarantee shall be valid upto -------------------- [Date which shall be equal to currency of contract plus 60 days beyond that).

3. We are liable to pay the guarantee amount or any part thereof under this Bank

Guarantee only and only if KRCL serve upon us a written claim or demand on or

before --------------- [Date up to which Bank Guarantee is valid].

SIGNATURE AND SEAL OF THE BANK

Date:

Place:

Note: - The authorized signatory of the Bank shall sign with stamp on each page of the Bank Guarantee.



Appendix – 15

SELF EVALUATION SHEET

Sr. Eligibility Criteria Supporting

Documents and page references

Remarks/Eligible/Not Eligible

1)

Technical Eligibility:

Cl. 5.2.1 The Consultant should have completed the Civil Engineering Design Consultancy in NATM of atleast one similar work (as defined in cl. 5.2.5 ) to the extent of 2000m in length during last 7 years immediately preceding the current financial year plus the current financial year” i.e., upto date of opening of tender (hereinafter referred as “technical capacity” part 1) and

Cl. 5.2.2 The Consultant should have completed the Civil Engineering Design Consultancy in NATM of atleast one tunnel work with minimum 500 m overburden during last 7 years immediately preceding the current financial year plus the current financial year” i.e., upto date of opening of tender (hereinafter referred as “technical capacity” part 2) and

Cl.5.2.3 The Consultant should have completed the Civil Engineering Design Consultancy in NATM of atleast one tunnel work with minimum two soft strata patches of minimum 50 m length during last 7 years immediately preceding the current financial year plus the current financial year” i.e., upto date of opening of tender (hereinafter referred as “technical capacity” part 3)

2.

Financial Capability

a)

Cl. 5.3.1 The total cumulative contract amount received by the Consultant for the tunnel consultancy during last 7 years immediately preceding the current financial year plus the current financial year” i.e., upto date of opening of tender (hereinafter referred as “financial capacity”) should be INR 300 Million.

Note: (1) In case of JV, additional sheets as per Appendix 15 for each JV partner shall be

submitted.

(2) The Consultants who have been shortlisted during the EOI stage are required to

submit approval letter issued by KRCL.



Appendix - 16

Status of Tunnel Works (T6, T9, T10, T11, T12, T13, T14, T15 & T16)

Contract for construction of Tunnels T6, T9, T10, T11 & T12 has been awarded contemplating NATM methodology. For Tunnels T13 to T16 tunnel construction contract has not been awarded.



Appendix - 17 Geology along tunnel T6 to Tunnel T16

Tunnels T6-T12 Earlier excavation of 7 tunnels from T6 to T12 between km 51.935 to km 60.680 were taken up for construction. But due to apprehension of instability during the constructions of high bridge no. 49 and bridge no. 53, alignment was modified by combining tunnels 7 & 8, and eliminating bridge nos 48,50,51 & 52 and reducing the height of bridge 49 and bridge 53. Due to the some other problems along the alignment, project work was suspended in the end of July 2008, and after one year it was decided to resume the work of USBRL project with some local modification specially in the KRCL portion. During the construction of approach and feeder roads between T6 & T12, due toe cutting of hills, area became more unstable and new slides developed. Due to this development instability of bridge 49 & bridge 53 was apprehended. To reduce these problems, alignment between T6 & T9 was again shifted uphill side. Due to this modification, T6, T7 & T8 are combined with total tunnel length of 3483.35 m, eliminating bridge no. 49 & reducing the height and length of the bridge no. 53. Revised length of T9 is 571.69 m against the earlier 430 m length. Almost entire alignment area is covered with a few cms to few meters rock debris. Below this debris material, alternate bands of purple coloured clay stone and siltstone and grey to greenish grey coloured sandstone of Murree Formation are exposed as seen along the road cuts and surface outcrops. Claystone is soft and weathered near the surface but fresh at depth. Purple coloured siltstone is generally fresh and hard/intact. Sandstone is fresh, hard and competent. No major fault zone/shearzone was recorded along the road cuts. However, thin shearzone/faults can be seen occasionally. The rock units strike N60°W-S60°E to N30°E-S30°W and dip at 40° to 60°NE or SE directions. Besides bedding joints which are generally widely spaced. Other Joint sets recorded are: Sr. no. Strike Dip Joint spacing Nature of Joints

1 NNE-SSW 50° to NNE Widely spaced Rough 2 N-S 70° to 85° due to E --------- do ---------- ------ do ------- 3 NE-SW 60° towards NW --------- do ---------- ------- do ------ 4 NW-SE 40° to 50° SW --------- do ---------- ------- do ------

It is also pertinent to mention here that Sabathu Formation is also exposed between sirban dolomite (in the south) and Murree rocks ( in the north). T 6 from P1 side has been excavated for a length of about 400 mtrs through siltstone & sandstone of Sbathu Formation. Experience gained during the excavation of these tunnels and other tunnels in the area through Murree rocks, has revealed that these rocks contain less water generally recorded below the depressions / Nallas. Excavations of Tunnels 6, 9, 10, 11 & 12 has indicated that Murree rocks behave as good tunneling media. No tunneling problems were encountered during the excavation of above tunnels, though rocks met towards P2 of T10, were loose and filed with surface clay. Rock mass is generally classified as fair to very good. Due to minimum water seepage and absence of major shearzones, no major tunneling problem is anticipated. However, overbreak or minor cavity formation are expected wherever minor faults/Shearzones encounter. Spalling in claystone is also expected.



Tunnels T13- T16 Geology of the tunnel area: Area between Dugga nala and Sawala kot, is occupied by Murree group of rocks. These rocks comprise alternate bands of sandstone, siltstone and claystone. Sandstone and siltstone is generally fresh, hard and blocky to massive in nature whereas clay stone/shale is generally soft and weathered at surface but compact and fresh at tunnel depth.

Though rock units generally trend NW-SE to NNW-SSE and dip at 45o-55o towards NE direction but rocks in the area have undergone tectonic activities. Rocks indicate open to tight folding with dip in both directions i.e. northerly as well as southerly. Due to folding, rocks at places are closely jointed, fractured and blocky in nature. Though during reconnaissance visit, fault/shear zones could not be traceable but in view of the intense folding, presence of many minor Faults/shear zones cannot be ruled out and same will be picked up during detailed mapping of the tunnels.

Subsurface water: Experience gained during tunneling in Murree rocks i.e. tunnel 6 to tunnel 12, tunnel 40 to tunnel 47 and tunneling during the construction of Chenani Hydel Project, has indicated that most of the tunnel reaches remains dry but at places i.e. below the nalas/depressions and in closely jointed rocks, light to medium water seepage is expected for which dewatering arrangement is necessary.

Geotechnical assessment: Experience gained during the excavation of many tunnels indicates that Murree rocks generally behave as a good tunneling media. Both sandstone and siltstone have good standup time and can stand without support for many days/months. However, claystones/shales with slickensided joints have less stand up time i.e. from few hours to few days. Sandstone and siltstone can be classified as fair (class III) to good (class II) rocks whereas clay stone/shale can be classified as poor to fair i.e. class IV to class III. At a few locations where thick shear zones/fault zone encounter with sub-surface water, very poor rock conditions are expected. But, this is very rare.



Appendix - 18

CODES AND SPECIFICATION

1.1 The execution of all works under this tender shall conform to the specifications and codes of practice mentioned below as amended from time to time.

1.1.1 Northern Railway specifications for materials and work 1987. 1.1.2 Northern Railway General Condition of Contract 1999. 1.1.3 Indian Railway Permanent Way Manual 2004. 1.1.4 Indian Railway Schedule of Dimensions. 1.1.5 Indian Railway Bridge Manual 1.1.6 Indian Railway Concrete Bridge Code 1.1.7 Any other relevant IRS/IS/IRC or other code

1.2 CODES OF PRACTICE TO BE FOLLOWED:

The following codes of Practice shall be followed generally unless otherwise specified otherwise. In the absence of relevant provision of specifications in the under mentioned BIS/IRS/IRC codes, the reference shall be made to International codes/best available engineering practice but with the approval of Engineer –in-charge of KRCL.

IS:5878 (Part I) 1971 Precision Survey and setting out. IS: 4081-1967-Safety Code for Blasting and Related drilling operations. IS: 9103-1979- Admixtures for Concrete. IS: 3764-1966- Safety Code for Excavation work. IS: 4138-1977- Safety Code for Working on Compressed Air. IS:7293-1974- Safety Code for Working with construction Machinery. IS: 823-1964- Code of procedure for manual metal Arc welding of mild steel. IS: 816-1969-Code of practice for use of Metal Arc welding for General Construction in Mild steel. IS: 1566-1967-Hard Drawn steel wise fabric for Concrete reinforcement. IS: 456-1978 – Code of Practice for Plan and Reinforced Concrete. IS: 1893-1975-Criteria for Earth quake resistant design of structure. IS: 1200 (Part-XXV) 1971- Methods of Measurement of Building and Civil Engineering works. IS:1905-1980-Code of Practice for Structural safety of Buildings, Masonry walls. IS: 1256-1967- Codes of Practice for Building Bylaws (First Revision) IS: 458-1971-Concete pipes (with and without reinforcement). IS: 800-1962 – Code of Practice for use of Structural steel in General Building Construction. Indian Railway Standard Specification for fabrication and erection of steel girder IS 2339 for Aluminum Paint ready mix; IS 2062 for Structural Steel IS 961-1975 Indian Standard Specifications for Structural Steel (High tensile) revised SR-58-HTC grade with copper content of 0.2 to 0.35 per cent shall be used for the High Tensile steel items.

IS 1149-1973 for High tensile steel rivet bars for structural purpose, with copper content of 0.2 to 0.35 per cent; IS 1148-1964 – Rivet bars (Mild Steel) for structural purpose. IS 1929-1961 and IS 2155-1962-General Dimensions of rivets. IS 102-1962 for Paint ready mixed red lead, non-setting. IS 123-1962—Paint ready mixed red oxide genuine;



IS 1367-1967 for Mild Steel bolts and nuts; Indian Railway’s Schedule of Dimensions of Board Gauge. Indian Explosive Act-1988 Indian Explosive Rules –1983 IS 5878 (Various parts) codes of practice for tunneling IS: 9012 Recommended practice for shotcreting. NOTES: • The latest edition of all the codes of practice along with the up to date

correction slips shall be applicable. • Decision of Engineer –in-charge regarding the interpretation of

specification shall be final and binding on the contractor. • All relevant codes mentioned above and as directed by Engineer-in-

charge shall be made available by the consultant at site at his own cost.


Bid forms Annexures Consultancy –T6, T9, T10, T11, T12, T13, T14, T15 & T16

ANNEXURE – A1

PROPOSED APPROACH ON UNDERSTANDING AND COMPREHENSION OF WORK INVOLVED, INCLUSIVE OF SITE INVESTIGATION AND PRE-DESIGN ACTIVITIES, AND TIMEFRAME THEREON.

The approach and methodology will be detailed precisely. Topics shall comprise the details/information as required under clause 3.0 of the Deliverable and Services TOR). The submission may be supported with following tables.

A Manning Schedule (Key Personnel)

Sl.No Key Personnel for Nos. Time Period for assignments Months

Persons X Months

1 Project Consultancy Head

2 Deputy Project ConsultancyHead

3 Senior Geologist 4 Geologist

B FIELD INVESTIGATION (IF REQUIRED)

S.No Item of Work / Activities Months (bar chart)

1 2 3

Time period should be shown in the form of a bar chart.



(ANNEXURE – A2)

Proposed approach plan including methodology proposed for carrying out

services covered in Terms of Reference i.e. to develop preliminary design

with NATM design basis, monitoring during execution and design update in

the course of execution/construction and development of bill quantities for

additional (non schedule) items, and BOQ for new tender for Tunnel T2 &

balance length of T1P1, technical specifications and time frame thereon



ANNEXURE – A3 Proposed draft quality plan containing sufficient information to demonstrate

compliance with ISO 9001 principles and outlining all procedures for contract

quality plan including construction management services during execution

stage, environment impact assessment and environment management plan

during construction.



ANNEXURE – A4

In-house design facilities, and plan for their deployment at home office / Project

Office

The submission may be supported with following table.

S.No. Description Deployment Programme (Bar Chart) 1. Computer Hardware 2 Software Facilities 3 Equipments 4 Other facilities



ANNEXURE – A5

TASK LIST OF DELIVERABLES AND DELIVERY DATES AND THE PERSONS RESPONSIBLE FOR PERFORMING THE DELIVERABLE

(SEPARATELY FOR DESIGN AND SITE SERVICE)



ANNEXURE – A6

ORGANIZATIONAL CHART

(SEPARATELY FOR DESIGN AND SITE SERVICE WITH CLEAR DESCRIPTION OF EACH KEY PERSONNEL)

Clause in Tender Document Page No. Clause No.Agreement for Work 117 Appndix. – 13Appendices 98 ---Award of Contarct 36 36.0BG Format for PBG 120 Appndix 14Bid Prices 24 14.0Cost of Bidding 22 8.0Defects Liability Period 86 8.0Definitions 82 1.0Dis-qualification 35 33.0Doc. to be submitted 30 25.0Earnest Money Deposit 25 18.0Eligibity Criteria 19 5.0Extn. of Contract Period 88 15.0Financial Eligibity 20 5.3Forefeiture of EMD 26 19.0GCC, 1999 of N.Rly 80 ---General Information 11 ---Instructions to Tenderers 18 ---Insurance 90 22.0Issue Sheet 7 ---Joint Venture (JV) 27 22.0JV - Agreement 110 Appndix – 9Language 24 13.0Negotiations 35 32.0Notice Inviting Tender 9 ---Opening of Tender 34 28.0Performance Bank Guarantee 91 23.0Pre Bid Meeting 23 11.0Price Variation (PVC) 92 25.0Priority of Docs and Specs. 90 21.0Prposed Draft Quality Plan 131 Annexure -A3Return of EMD 27 20.0Scope of Work 39 2.0Security Deposit (SD) 91 24.0Self Evaluation Sheet 123 Appndix – 15Sp.Condn. of Contract 82 ---Submission of Tender 33 26.0Taxes & Duties 25 15.0Technical Eligibity 19 5.2Tender Form 13 ---Variation in Quantities 92 26.0

Limited Alphabetical Index