1. ERS PPT - 20 OCT 2022.ppt

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In JV with
The Chief Engineer (Construction) South,
Office of Chief Administrative Officer (Construction),
Southern Railway (Ernakulam),
Ernakulam Junction Railway Station
PEMS ENGINEERING CONSULTANTS PVT. LTD.
Thiruvananthapuram
BALAJI RAILROAD SYSTEMS PVT. LTD.
Hyderabad

In JV with
Tender Ref No: CE-CN-ERS-SD-09-2022 dated 23/06/2022
Appointment of Authority Engineer for
Providing Project Management Services for
Redevelopment of Ernakulam Junction Railway Station

• Authority : The Chief Engineer (Construction), North,
Southern Railway, Ernakulam
• Contractor : M/s. Bridge and Roof Company (India) Ltd ,
Chennai vide LOA dated 13th July 2022
• Contract Value : INR 299.52 Crores
• Design Director : M/s CP & DS Associates, Plot No. 31, Vaishali,
Ghaziabad vide letter dated 05th August 2022
• Proof Consultant : IIT Madras vide letter dated 05th August 2022
• Authority Engineer : M/s PEMS Engineering Consultants Pvt Ltd
in JV with Balaji Railroad Systems Pvt Ltd
vide LOA dated 27th September 2022
In JV with
Appointment of Authority Engineer for Providing Project Management Services for Redevelopment of Ernakulam Junction Railway Station
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PROJECT DATA:

• LOA Date : 27th September 2022
• Duration/period of completion : 48 months (24 months construction period
and 24 months DLP) (Ref: LOA -3rd para,
Page 2 of 4)
• Commencement of PMS/Effective date : 27th September 2022(Ref: LOA- 6th para,
Page 2 of 4 & Cl 3.8 of RFP, Page 3 0f
132
• Contractual End date : 26th September 2026 incl. DLP (Ref: LOA
-3rd para, Page 2 of 4)
In JV with
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PROJECT DATA:

Important Clauses:
Performance Security : Cl. 2.15. of RFP, Page 18 of 123
Submission-Within 15 days of issue of Letter of Award (LOA)
3% of the Cost of PMS , In favour of: FA&CAO, Southern Railway Payable at: Chennai
Shall be valid until 60 (sixty) days of the expiry of the DLP
Released after two months after the payment of the final bill and submission of NOC.
shall be kept valid for three months or for such period, as may be decided by Authority, over and
above the scheduled period of completion of work. Cl.4.2 of Schedule I, page 41 of 132
Signing of Agreement : LOA-5th para, Page 2 of 4
• Within 15 days of submission of Performance Security 27th September 2022
In JV with
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Important Clauses: Continues…………….
Authority Engineer’s Services : Cl. 3. of Schedule – 1: Form of Agreement , Page 36 of 123
Adhere-Internal target dates/Project Milestones and other days/duration as specified in the EPC
Agreement
Hold meetings
Liaison
Report -in writing of progress to the Authority
Provide Unrestricted access to AE & its personnel- inspect the services, interact with personnel,
verify records etc.
Accounting, Inspection ad auditing
ensure optimal utilization of resources/contractual provisions with a view to bring economy in
execution.
implementation of various labour rules, regulations and welfare measures as per the rules in force
and laid down provisions
In JV with
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Authority Engineer’s Services : Continues ------------
Obtain Approval of Authority in writing – Cl. 3. of Schedule – 1: Form of Agreement , Page 36 of
132 and Cl. 3 of Annexure –I, Schedule – 1: Form of Agreement , Page 62 of 132
appointing Key Personnel as are not listed in the Technical Bid ,
determining :
a) any Time Extension
b) any additional cost to be paid by the Authority to the Contractor;
c) the Termination Payment;
d) providing Power Block or Traffic Block or necessary disconnections to the Contractor;
e) approval of disconnections for modification of signaling and telecom works, or any
other matter which is not specified in (a); (b), (c), (d) or (e) above and which creates an
obligation or liability on either Party for a sum exceeding Rs. 50,00,000 (Rs.Fifty Lakhs).
In JV with
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Authority Engineer’s Services : Continues------------
Responsible for documents accuracy- correcting, at its own cost and risk,-the works/the documents
-including any re-survey/ investigations/supervision.
Non Performance/ compliance of any of the provisions of the Agreement- a deduction of
Rs.25,000/- or higher but not exceeding 1% of the monthly payment for PMS to AE shall be
applicable for each instance(Ref-Cl. 3.9.31 , PAGE 37 of 132) – more than 5 incidents- Termination
by Authority
Ensuring safety- Railway assets, Rolling stocks and Railway users on the works being carried out –
Accidenthappens- in loss of life -after inquiry conducted Authority/Railway/Commissioner of
Railway Safety(CRS) that safety measures were lacking-impose a penalty @ Rs. 5 Lacs on the AE
for every such incident
Failure - certification of Stage, Interim or Final payment by the AE---deduction of Rs 25,000/- per
day of delay
In JV with
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Authority Engineer’s Services : Continues------------
Obtain Approval of personnel- Authority may approve /reject proposal within 14 days of receipt -
does not reject within 14 days -deemed to approved by the Authority.
Substitution of Key Personnel: Cl. 3.11. of Schedule – 1: Form of Agreement , Page 39of 132
Expects all personnel to be engaged during implementation –non commencemnt upto180 days
due to reasons by Authority- permitted for replacement –max 50% Key Personnel with Key
Personnel of equivalent/ better qualifications -without considering the same as
replacement/substitution and without any deduction- Apart from above not consider except
for reasons of any incapacity, death or any reasons beyond the reasonable control of the
Authority Engineer- shall be subject to equally or better qualified and experienced personnel ,
Condition;
replacement upto 40% - reduction of remuneration – 5%
replacement above 40% and upto 65%, -reduction of remuneration – 10%
Above 65% -reduction of remuneration – 15%
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Any taking of leave by any personnel Cl. 3.12 of Schedule I, Page 40 of 132
 -exceeding 3 (three) days -the prior approval of the Authority, and AE ensure that leave will not
delay the progress and quality of the Services
Manpower deployment : Cl.10 of Schedule-1, page 80 of 132)
List of manpower, No.s required, and their Minimum required Educational qualifications and/or
experience are provided
Deployment of personnel other than those mentioned :(Cl. 10.3 of Schedule-I, Page 86 of 132)
The AE may be required to deploy other personnel who are experts in their field also for the
project for specific needs. Their deployment shall be arranged by the AE on specific requisition
from the Authority and the payment shall be made as per the actual deployment. Such specialist
experts shall be paid at the rate of remuneration payable to such new AE’s personnel based on
the rates for other position which require similar qualifications and experience with mutual
consent. If required, Authority may require/agree for additional deployment of similar personnel
identified in the bid and in such cases payment to the AE shall be based on the remuneration of
such personnel in the Agreement.
In JV with
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Terms & Conditions of Payment and Deployment:(Cl. 11 of Schedule-I, Page 86 of 132)
Remuneration for the Key Personnel shall be determined on the basis of the Deployment Schedule
and days actually spent as deployed by such Key Personnel in the performance of the Services from
Effective Date. Remuneration for periods of less than one month shall be calculated on a calendar
day basis for the period deployed for part of the month. A copy of monthly attendance records
shall be attached with Monthly Status Report
The Key Personnel shall be considered to be inadequately deployed -if he/she is not present for
atleast 80% (eighty percent) of the days stipulated in that calendar month, as per the Man Months
Input in the Terms of Reference and the Deployment Schedule proposed by the Authority Engineer
and approved/modified by the Authority. The reduction or deduction of the amount @20%
(twenty percent) of the monthly payment due as the case may be shall be made against such Key
Personnel during the monthly billing
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Delays- performance/ commencement of its contractual obligation/Non-submission of final
report by due date (Cl. 4.3 of Schedule-I, page 41 of 132
Imposition of L.D.- @ 0.5% of the Agreement Value per week-subject to max- 5% of the
Agreement Value. This may also include forfeiture of Performance Security.
Termination of contract
Extension of time- Cl. 4.4 of Schedule-I, page 41 of 132
Applicable – in case situation arises- notify Authority in writing -fact of the delay, its likely
duration and its causes-Authority shall evaluate & may extend the Authority Engineer’s time
for performance-by amendment of the Contract.
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Variation- Cl. 4.6 of Schedule-I, page 41 of 132) –
Applicable
The Authority may notify the to alter, amend, omit, add to, or otherwise vary the Services upto
25% increase of the contract value or upto 50% increase of the original completion period
stipulated in the contract, whichever is earlier, on the same rates, terms and conditions and the
Authority Engineer shall be bound by such variations.
Beyond 25% increase of the Contract Value or beyond 50% increase of the original completion
period, whichever is earlier, new rates shall be agreed between Authority and Authority Engineer.
In such an event, the Authority Engineer shall submit an estimate for proposed changes in rates
along with justification for such rates to the Authority:
1) within fourteen (14) calendar days of receipt of a notice of variation in case of proposed
increase of the contract value beyond 25%;
2) atleast 60 days in advance of reaching limit of 50% increase in completion period, if it is
anticipated that consultancy contract period shall need to be extended beyond 50% of the
original completion period
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Payment to the Authority Engineer- Cl. 4.7 of Schedule-I, page 42 of 132)
As per renumeration rates; -Price Adjustment applicable- first 12 months from the date of
commencement of services shall remain the same- From the beginning of 13th month from the
date of commencement of services, remuneration rates shall be adjusted as per the formula for
every 12 months.
in case any personnel is continuing for more than 12 months from date of his/her deployment then
the AE shall be entitled for increase in monthly remuneration rate @ 3% of the accepted monthly
remuneration rate of such personnel, on completion of every 12 months
Price Adjustment shall not be applicable during the extension period for which extension is
sanctioned for reasons attributable to the AE.
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Force Majeure: Cl. 5 of Schedule-I, page 44 of 132
Applicable; shall not be liable for forfeiture of its Performance Security, liquidated damages or
termination for default, to the extent that, delay in performance or other failure to perform its
obligations under the Contract
If a Force Majeure situation arises, either party shall promptly notify the other party in writing of
such conditions and the cause thereof
However, Authority may terminate this Agreement by giving a written notice of minimum 7 days to
the Authority Engineer, if as a result of Force Majeure, the Authority Engineer is unable to perform
the services for a period of more than 30 days.
In JV with
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Agreement Termination : Cl. 6 of Schedule-I, page 44 of 132
Stands terminated - the Authority Engineer has rendered all the services to the satisfaction of the
Authority and the same are accepted by Authority.
Termination by Authority : Cl. 6 of Schedule-I, page 44 of 132
Breaches any of the terms of this Agreement & not remedied within 10 days of receipt of a notice
persistent default in the provision of the Services, the disclosure of any Confidential Information.
commits any offence under the Prevention of Corruption Act 1988.
Fails or refuses to provide the Services after written warning
delay in commencement of services or delay in performance of its contractual obligations.
AE becomes / is in jeopardy of becoming insolvent/bankrupt/has a receiving order made against it,
/compounds with its creditors, or any of them
Authority also reserves the right to short close the Agreement any time.
 No compensation shall be payable beyond the services payable as per Payment Schedule.
In JV with
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Termination by Authority Engineer : Cl. 6.7 of Schedule-I, page 45 of 132
not less than 30 (thirty) days’ written notice to the Authority, after the occurrence of any of the
events specified in this clause,
the Authority fails to pay any money due to the AE pursuant to this Agreement and not
subject to dispute within 60 (sixty) days after receiving written notice from the AE that such
payment is overdue;
as the result of Force Majeure, the AE is unable to perform a material portion of the Services
for a period of not less than 60 (sixty) days;
In JV with
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Insurance: Cl. 8 of Schedule-I, page 46 of 132
The AE shall, for the duration of this Agreement, take out and maintain, at its own cost, but on
terms and conditions approved by the Authority, insurance against the risks, and for the
coverages, as shall be specified in the Agreement -3rd party liability insurance -of Rs. 50 Lakhs for
the period of this Agreement , 3rd party motor vehicle insurance, Global Indemnity Insurance,
Employer’s liability & workers’ compensation insurance -life, health, accident, travel or other
insurance as may be appropriate; -, and in accordance with good industry practice
Within 15 (fifteen) days of receiving any insurance policy certificate in respect of insurances
required to be obtained and maintained under this clause, the AE shall furnish to Authority, copies
of such policy certificates, copies of the insurance policies and evidence that the insurance premia
have been paid in respect of such insurance.
Except in case of Third-Party liabilities, the insurance policies so procured shall mention the
Authority as the beneficiary of the Authority Engineer and the Authority Engineer shall procure
an undertaking from the insurance company in this regard.
In JV with
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Disputes: Cl. 10 of Schedule-I, page 48 of 132
IN CASE ARISES- either party may request the other to participate in a meeting of their respective
senior officials -in order to discuss the dispute and to agree to a strategy to resolve it- arrange and
implement the meeting within 10 days - exchange statements at least 3 days prior to the date of
the meeting, setting out their respective views of the issues, which are in dispute.
unresolved within 1 MONTH of the date on which the dispute arose, then the matter shall be
resolved through conciliation process as per the Settlement of Disputes – Indian Railway
Arbitration and Conciliation Rules provided under the Indian Railways Standard General Conditions
of Contract 2022 (GCC April 2022) issued by Engineering Department, including any correction slips
as updated from time to time. Notice of Dispute-shall be served later than 30 days after the date
of issue of Completion Certificate by the Authority- Chief Engineer or Divisional Railway Manager-
within 30 days after receipt of the AE ’s “Notice”, notify the name of conciliator(s) to the
Authority Engineer who shall assist in amicable settlement If the parties reach agreement on a
settlement of the dispute, they shall draw up and sign a written settlement agreement duly signed
by the Authority representative, Authority Engineer and conciliator(s).
In JV with
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Matters Finally Determined by the Authority /Excepted matter(matters no arbitrable, and decisions
of the Railway authority, thereon shall be final and binding on the Authority Engineer; ) : Cl. 10.4 of
Schedule-I, page 48 of 132)
In case arises, AE shall referred to the General Manager (GM) and the GM shall, within 120
days make and notify decisions on all matters referred to by the Authority Engineer in writing:
AE’s personnel performance
Illegal Gratification
Monetary dealings/ transactions with Authority personnel
Ambiguity in Meaning and Intent of Specification and Drawings
Rates for Extra Items of Works
Signing "No Claim" Certificate- not entitled to claim
Accuracy of measurement
provisions of the Contract Labour (Regulation and Abolition) Act, 1970,Payments of Wages
Act,Workmen’s Compensation Act,Mines Act
Right of authority to determine the contract and its payment
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Arbitration: Cl. 10.5 of Schedule-I, page 52 of 132
unresolved dispute - within the time period, then the dispute shall be subject to arbitration
process as per the Settlement of Disputes – Indian Railway Arbitration and Conciliation Rules
provided under the Indian Railways Standard General Conditions of Contract 2022 (GCC April
2022) issued by Engineering Department, including any correction slips as updated from time
to time- after 120 days but within 180 days of his presenting his final claim on disputed
matters shall demand in writing that the dispute or difference be referred to arbitration.
The claimant shall submit his claims stating the facts supporting the claims along with all the
relevant documents and the relief or remedy sought against each claim within a period of 30
days from the date of appointment of the Arbitral Tribunal.
The Authority shall submit its defence statement and counter claim(s), if any, within a period
of 60 days of receipt of copy of claims from Tribunal, unless otherwise extension has been
granted by Tribunal.
No new claim shall be added during proceedings by either party. However, a party may amend
or supplement the original claim or defense thereof during the course of arbitration
proceedings subject to acceptance by Tribunal having due regard to the delay in making it.
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Place of Arbitration: Cl. 10.5.1 iii d) of Schedule-I, page 53 of 132
The place of arbitration would be within the geographical limits of the Division of the Railway
where the cause of action arose or the Headquarters of the concerned Authority or any other place
with the written consent of both the parties.
Obligation During Pendency of Arbitration: Cl. 10.5.2 of Schedule-I, page 53 of 132
Work under the contract shall, unless otherwise directed by the Authority, continue during the
arbitration proceedings, and no payment due or payable by the Authority shall be withheld on
account of such proceedings, provided, however, it shall be open for Arbitral Tribunal to consider
and decide whether or not such work should continue during arbitration proceedings.
Appointment of Arbitrator: Cl. 10.5.3 of Schedule-I, page 53 of 132
According to arbitration and conciliation act
Governing Law : Cl. 14of Schedule-I, page 57 of 132
governed by and construed in accordance with the substantive laws of India.
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Reports to be submitted by AE, Cl. 3.3 of Annexure I of Schedule-1, page 62 of 132/ Cl. 4.5i of
Annexure I of Schedule-1, page 66 of 132
Daily report- event/happening which is likely to affect the progress, quality of work and safety if
any on previous day
Monthly progress report- within 7-10 days the beginning of every month in respect of its duties
and functions under this Agreement
Quarterly progress report- within 14 days of the end of each quarter & include a description of
project activities illustrated by progress/completion photographs, status of any delays and detailed
plan to make up any shortfall or deficiency, status of contractual claims, and details of all latest
financial projections
Setting up of Project Management Office , Cl.4.1 of Annexure I of Schedule-1, page 63of 132
within two months from the date of commencement of the works. Failure to establish the
facilities will invite a penalty of Rs.10,000/- per week
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Review of drawings: Cl.4.11,4.12 of Annexure-1, Schedule-1, page 73 of 132
the AE shall complete such review and send its observations to the Authority and the Contractor
within 15 (fifteen) days of receipt of such Drawings
The Authority Engineer shall review any revised -within 10 (ten) days of receiving such Drawings;
provided, however that in case of Structures, airspace development at railway stations including
concourse and any other specified item the aforesaid period, the days may be extended as per the
time limit
Review of Quality Assurance Plan : Cl.4.13 of Annexure-1, Schedule-1, page 73 of 132
convey its comments to the Contractor within a period of 21 days as mentioned in the EPC
Agreement stating the modifications;
Review of Methodology proposed: Cl.4.15 of Annexure-1, Schedule-1, page 74 of 132
convey its comments to the Contractor within a period of 10 (ten) days or as mentioned in the EPC
Agreement from the date of receipt of the proposed methodology from the Contractor
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Review of Monthly progress report: Cl.4.16 of Annexure-1, Schedule-1, page 73 of 132
send its comments thereon to the Authority and the Contractor within 7 (seven) days of receipt of such
report.
Monthly Inspection Report : Cl.4.17 of Annexure-1, Schedule-1, page 73 of 132
bringing out the results of inspections and the remedial action taken by the Contractor in respect of
Defects or deficiencies. In particular, the compliance of the recommendations made by the Safety
Consultant.
Failure to achieve milestones by Contractor: Cl.4.32 of Annexure-1, Schedule-1, page 76 of 132
undertake a review of the progress of construction and identify potential delays; if any. If the
Authority Engineer shall determine that completion of the Project is not feasible within the time
specified in the EPC Agreement; it shall require the Contractor to indicate within the days as mentioned
in the EPC Agreement, the steps proposed to expedite progress; and the period within which the
Project Completion Date shall be achieved. Upon receipt of a report from the Contractor; the Authority
Engineer shall review the same and send its comments to the Authority and the Contractor forthwith.
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Quality control Records: Cl.4.33 of Annexure-1, Schedule-1, page 77 of 132
obtain from the Contractor a copy of all the Contractor’s quality control records and documents
before the Completion Certificate
Final Documentation: Cl.4.38 of Annexure-1, Schedule-1, page 77 of 132
Authority Engineer shall compile a complete and indexed set of project documentation files. The
files shall include as built documentation and shall contain documents delivered by
sanctioning/approval, authorities, Authority, Consultant, and vendors/contractors
Payments for Contractor: Cl.6 of Annexure-1, Schedule-1, page 79 of 132
within 10 (ten) days of receipt of the Stage Payment Statement from the Contractor determine
the amount due and recommend the release of 80 (eighty) percent of the amount as part
payment; pending issue of the Interim Payment Certificate
within 20 (twenty) days of the receipt of the Stage Payment Statement deliver an Interim Payment
Certificate certifying the amount due and payable to the Contractor; after adjustments
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As built drawings: Cl.8.3 of Annexure-I,Schedule-1, page 80 of 132
Within 90 (ninety) days of the Project Completion Date; the Authority Engineer shall obtain a
complete set of as-built Drawings; in 2 (two) hard copies and in micro film form or in such other
medium as may be acceptable to the Authority; reflecting the Project as actually designed;
engineered and constructed; including an as-built survey illustrating the layout of the Project and
setback lines; if any; of the buildings and structures forming part of Project Facilities; and shall
hand them over to the Authority against receipt thereof.
Event of contractor’s default: Cl.8.5 of Annexure-I,Schedule-1, page 80 of 132
The AE shall inform the Authority and the Contractor within one week of its occurrence.
Weekly & Monthly Meetings: Cl.9 of Schedule-1, page 80 of 132
to be held at site and Authority HQ-required personnel shall participate. In case key personnel
required to visit outstation - travel, boarding and lodging expenses will be reimbursed as per
financial bid
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Payment Schedule of AE: Annexure 3 of Schedule-2, page 89 of 132)
not later than 15 days after the end of each calendar month during the period of the Services, the
AE shall submit to the Authority, induplicate, itemized statements, and other appropriate
supporting materials, of the amounts payable for such month, Payment- Within 30 days of receipt
by authority –cause the payment periodically after deduction / add , if any
The final payment -after the final report and a final statement, -, shall have been submitted by the
AE and approved as satisfactory by the Authority. -ninety (90) calendar days after receipt of the
final report and final statement by the Authority unless the Authority, within such ninety (90)day
period, gives written notice specifying in detail deficiencies in the PMS
Any amount which the Authority has paid or caused to be paid in excess shall be reimbursed by
the AE to the Authority within30 (thirty) days after receipt by the AE of notice thereof.Any such
claim by the Authority for reimbursement must be made within 12 (twelve) calendar months after
receipt by the Authority of a final report and a final statement approved by the Authority in
accordance with the above
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LOA
Enter into Agreement
with Authority
Mobilization Initial Data Verification
Prepare PIP
Set up Project
Management Office
Kickoff Meeting
Project Planning:
Approval of Methodology,
Preparing Policies and Standards
Project Execution &
Project Monitoring
Review of Design &
Drawings
Change
Management
Approval of
Authority
Cost Analysis &
Forecast
Review &
Approval of Bills
Payment to
Contractor
Issue of Provisional
Certificate & Start of DLP
DLP Completion
Project Closure &
Value Engineering
Flow Chart of Activities
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Review meetings &
Report Preparation

Approach
Phases of PMC Services:
• Initiation & Mobilization
• Project Planning
• Project Execution and Monitoring
• Technical Audit and Quality Assurance & Quality Control
• Document Control System
• Project Completion
• Services during Defects Liability Period
Methodology & Work Plan
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1. ERS PPT - 20 OCT 2022.ppt

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