Annexure -1

Terms of Reference (TOR)

1. Introduction & Background
1.1 Ministry of Railways (MOR) has decided to plan and execute the Projects like [carrying out
feasibility study by preparation of Detailed Project Report, Station redevelopment, Passenger
Amenities Works, Traffic Facilities Works, Road Safety and level crossing works, Road under
Bridges(RUB) and Road Over Bridges(ROB),Signalling and Telecommunication works such as
EI,RRI, Provision of Lifts & Escalators, Workshops including production unit work, Electrification
of sidings, coal connectivity new line projects].

1.2 Ministry of Railways has created Divisional Gati Shakti Unit(GSU) in [Name of
division] of [Name of Zonal Railway] with the endeavour to fast track the construction works
of [Infrastructure, Traffic Facility ,Station Development Projects etc ] in order to improve
operations and mobility . The unit is a multi-disciplinary unit comprising of [SG/JAG/SS
officers of various disciplines viz traffic, engineering, electrical, mechanical, signalling &
telecom, accounts etc] and is headed by an [Chief Project Manager/Gati Shakti] reporting to
Divisional Railway Manager/[division].

The Authority will engage multiple stakeholders in the entire lifecycle of projects from DPR
consultants for pre-project preparation, EPC Contractors / Item-Rate Contractors for project
execution, Project Management Consultants /Independent Engineers for supervision and execution
to ensure quality of construction. The Authority in its endeavour has decided to plan and execute
the Projects comprising of [***********************] through Engineering, Procurement and
Construction (EPC) mode & [****************] through Item-Rate Contracts. Accordingly, the
EPC contract/s has/have been [awarded or is proposed to be awarded] and the Authority
Engineer as Project Management Services (PMS) has been [appointed or is proposed to be
appointed]. Also, the item rate contracts for work of [*********************] has been [awarded
or is proposed to be awarded] and for Project Supervision of [Name of Work] Project
Supervision Services Agency (PSSA) has been employed by the Authority. In addition, there may be
new projects assigned by Ministry of Railways.

1.3[Chief Project Manager/Gati Shakti] of [Name of division] in [Name of Zonal Railway]

for and on behalf of President of India, hereafter referred as ‘Authority’, invites proposals under
single stage two packet system for the ‘General Consultancy’ Services.

1.4 Managing these contracts to ensure contractual obligations of the Authority as well as the
contractors & consultants are met is a critical task. This is essential to ensure that the contracts are
completed on time, delivering as per the scope of work with no disputes / arbitration between the
stakeholders.

In order to accelerate and build momentum for the efforts towards fast track implementation,
[Chief Project Manager/Gati Shakti/Division] intends to appoint a ‘General Consultant’
operating at [Division] to support Chief Project Manager/Gati Shakti in project managing
implementation of all contracts being executed under him/her to ensure timely delivery of the
documents and completion of various works assigned, establishing coordination among all
stakeholders and to interact with the Client on regular basis.
 1.5 These Terms of Reference (TOR) define the services required from the `GC’ who are to be
engaged for Techno-Managerial and Financial Advisory Services for the project work specified in
Clause 1.1 above.

2. Objective
The objectives of engaging the ‘General Consultant’ is to provide handholding support to Chief
Project Manager/Gati Shakti in perfect management of above projects and contracts in different
stages (to be awarded; under construction; completed) so that there is nil or minimum delays in
implementation of projects and nil or minimal claims/ litigation against Railways in conformity with
Railways’ rules and regulations; and codes Local laws, bye laws, regulations, rules etc.

In order to accelerate and build momentum for the efforts towards [Infrastructure Projects/
Station Redevelopment Projects etc], the Authority intends to appoint a General Consultant
as a project management consulting firm to assist [Gati Shakti Unit] for providing Advisory
Services in [Name of Division] of [Name of Zonal Railway] as per the objective outlined
below;

2.1 [CPM/Gatishakti] (hereinafter called “The Authority”) has the mandate to [execute
infrastructure works, redevelop/major upgradation of the railway stations to better
standards and passenger facilitation].

The Authority has envisaged works of [infrastructure projects, station development etc] on
Engineering, Procurement, Construction ("EPC") mode as well as Item-rate contracts and shall
be undertaking the appointment of Technical Consultants, EPC contractors, Authority Engineer
for Project Management Services (PMS) and Facility Management Services Agencies for
planning, construction, supervision and maintenance of railway stations, respectively.
2.2 The Authority hereby envisages the requirement of co-ordination, support and assistance
at the [zonal/divisional] level for selection, implementation and monitoring and review the
progress of the EPC contractors, Works Contractors, Technical Consultants, [Facility
Management Services Agencies], Authority’s Engineers, etc. For the purpose of handling various
interactions, documentation, communication, harnessing knowledge, research and providing
operational support to the concerned departments/teams, the Authority intends to appoint
‘General Consultant (GC)’.
2.3 The role of General Consultant (GC) is to assist and provide support services to the Authority
on various activities of the project and assist the Authority in monitoring and planning the
project progress on day-to-day basis. The GC will act as a key interface between the [CPM Gati-
shakti ] and the field Units. The output of the GC shall be supportive and suggestive in nature.
The GC shall undertake this consultancy in order to achieve the objective of the Authority
specified under scope of services . The detailed scope of services specified below is based on the
Authority’s understanding of the scope of service.
3.0 Scope of Services

The Services to be performed by the General Consultant shall include but not be limited to those
described hereunder;

1.Technical Advisory Services:

a. Review Works:
 i. The General Consultant shall review and revalidate the planning, survey, alignment and
design done at the Detailed Project Report (DPR)/ FLS stage submitted to [CPM Gatishakti]
by the detailed design consultant or by the Contractor, as the case may be, in order to
provide verified/proof checked working document to the Contractor. It is clarified that the
Consultant shall not be responsible for carrying out any field survey.

ii. The General Consultant shall ensure review of quality assurance plans (QAP’s), MAP’s etc
consisting of documents on management procedures for managing construction, design,
quality, safety, training, environment, non-conformances, payment, reporting, project
schedule etc. and shall be checked, commented upon and finally got concurred by [CPM
Gati-shakti] before start of respective work by the Contractor(s).

iii. The General Consultant shall examine and comment on the management plans/ procedures,
method statements, work execution plans, inspection and testing reports and other such
documents submitted by the Contractor(s) to [CPM Gati-shakti] for approval and ensure
that they are in conformance to the requirements of Contract(s) of Railways.

iv. The General 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).

v. The General Consultant shall prepare the Project Monitoring Program in suitable software
for monitoring the Projects under [CPM Gati-shakti]. The Consultant shall also prepare and
update weekly and monthly rolling programs (containing progress during the previous
week/month and showing the planned work during the next three weeks/months) for
discussion in the weekly and monthly meetings with the Engineer-In-Charge/Railway
Board/DRM’s etc. The Consultant shall also examine, review and comment on the Project
Programs submitted by the Contractor(s) and ensure compliance of such comments in the
revision thereof. It shall also carry out periodic reviews of the Contractor(s)’s resources vis-
a-vis Project Program and submit reports to [CPM Gati-shakti] in order to ensure that the
Contractor(s) mobilizes additional resources to meet the Program requirements.

vi. The General Consultant shall assist [CPM Gati-shakti] in inspections of work sites and
issuance of site instructions, non-conformance notices to the Contractor(s) after
identification of defects or non-conformance to specifications, method statements or to any
other requirement in the Contract.

vii. The General Consultant shall review, quantify, comment and submit its recommendations to
the [CPM Gati-shakti] on claims of variations by the Contractor(s), if any. It is the duty of the
Consultant to keep a tag on variation in quantities in work contracts and raise alarm
sufficiently in advance to enable Railways take necessary corrective action.

viii. The General Consultant shall review, compile and submit the monthly progress reports to
the [CPM Gati-shakti], containing description of ongoing, completed, and delayed project
activities illustrated by bar charts, comments on the Contractor(s) progress report and
progress/ completion photographs.

ix. The General Consultant shall assist and advise the [CPM Gati-shakti] in taking appropriate
and timely actions for ensuring fulfilment of the Contractual obligations by the Contractor(s)
and successful completion of Project(s) in time.
 x. The General Consultant shall maintain records of details of variations, day to day
correspondence in the appropriate formats specified/ approved by the [CPM Gati-shakti]
and shall submit them from time to time as requested.

xi. The General Consultant shall maintain a day-to-day diary which shall record all events
pertaining to the administration of the Contract, request forms and orders given to the
Contractor(s) and any other information which may at a later date be of assistance in
resolving queries which may arise concerning execution of the works.

xii. The General Consultant shall assist the [CPM Gati-shakti] in meetings with the Contractor
and coordination work with different agencies and hold meetings for proper and timely
implementation of the works.

xiii. The General Consultant shall advise and assist the [CPM Gati-shakti] in arbitration
proceedings, the appeal of arbitration or litigation relating to the works, whenever required
during or after the Consultancy assignment till the expiry of the Defect Liability Period.

xiv. The General Consultant shall review and examine the construction drawings w.r.t
functionality, general layout, adherence to specifications and provisions of relevant
codes submitted by Contractor(s) before approval . The review shall identify any defects
or omissions that compromise the completeness or consistency of the drawings.
xv. Liaison between various contractors, designers, such that the designs for these sub-
systems, that in particular their civil works, such as ducting, pedestals, cabins, poles and
supports will be integrated properly into the overall project works.

xvi. The General Consultant shall render to the [CPM Gati-shakti] all required assistance,
technical services, guidance, support, or advise on matters concerning engineering aspects
of the Projects by way of personal interaction, and also through invited Experts on the
matter with Railway’s prior approval.

xvii. The General Consultant shall carry out any other assignment given by the [CPM Gati-shakti]
toward fulfilment of the Objective of the Consultancy and which are restricted to such
Services as are necessary for fulfilling the obligations of the Railways.

xviii. The General Consultant shall maintain copies of all reference documents, day-to-day
correspondences, specifications, drawings, management procedures, method
statements, work procedures, inspection and testing procedures in a systematic manner
in the office of the [CPM Gati-shakti].

2. Financial Advisory Services

i. The General Consultant shall scrutinize and verify the measurements and arithmetical
errors in accounts, invoices, bills and other statements submitted to [CPM Gati-Shakti].
ii. The General Consultant shall review, quantify, comment and submit its
recommendations to the [CPM Gati-Shakti] on claims of variations by the Contractor(s),
if any. It shall be the duty of the Consultant to keep a tag on variation in quantities in
work contracts and raise alarm sufficiently in advance to enable Railways take necessary
corrective action.
iii. The General Consultant shall prepare quarterly cash flow projections for the [CPM Gati-
Shakti] based on the projected progress of Project(s) in a format acceptable to the
Employer. Cash flows should identify budget estimates for all outstanding work.
 iv. The General Consultant shall assist the [CPM Gati-Shakti] in providing
clarifications/explanations to the observations made from time to time by auditors.

3. Management Consulting Services

a. Advisory Services
The general consultant shall
i. Advise the Authority on various technical, commercial, financial and administrative
matters pertaining to the Project.
ii. Advise Authority in various decision-making activities pertaining to the project planning
and progress including documentation, contractual, administrative, etc. and any other
important project related issues.
iii. Co-ordinate with all Project Stakeholders i.e., Contractors, Authority Engineers, Facility
Services Agencies and/or any other Consultant for the Project.
iv. Provide assistance for overall project management and coordination with consultants,
engineering/master planning firms, Central Govt /Ministries, State Government(s)
and/or any other agency appointed by Authority for Station Development.
v. Rendering legal opinion/Advice on queries from all stake holders of Project technical
consultants, EPC contractors, Authority Engineers and facility management service
agencies as required by the Authority.

b. Documentation Work
The general consultant shall
i. Assist the Authority in responding to any queries / clarifications being sought by the
Ministries / departments / implementing agencies with respect to the [station
development projects/Infrastructure Projects] being implemented by Authority.
ii. Assist the Authority in preparing procurement plan for various project related
consultants, EPC contractors, Authority Engineers, facility management service agencies,
and manage the procurement timetable based on status of the project.
iii. Preparation of TOR & bidding documents based on standard documents / templates of
Indian Railways / Authority, managing the procurement process and other activities for
selection of technical consultants, EPC contractors, Authority Engineers and facility
management service agencies.
iv. Assist the Authority in the bid process for selection of the entities (technical
consultants/EPC contractors/Authority Engineers/facility management service
agencies) from among the Bidders and till the signing of the Agreement of the project for
the upcoming projects under the Authority.
This would include (but not limited to) preparation and issue of suitable advertisement
(cost of which would be borne by the Authority), anchoring of pre-bid conferences(s),
preparation of Minutes of meetings, assisting the Authority in uploading of tender
documents, responding to queries, preparation of Corrigendum/Addendum, short-
listing of qualified bidders, assistance in technical and financial evaluation of the bids
received and recommending shortlisting and/or selection of the firms/s. The GC shall
render advisory services up to the signing of the Agreement. The GC shall carry out
above activities in close coordination with the Technical and other Consultants
 appointed by the Authority (if any). All costs pertaining to such bidding process shall be
borne by the Authority.
v. Assist the Authority in existing and future contracts under implementation on matters
related to replies to EPC contractors, Authority Engineers, Facility management service
agencies and other consultants for station development program.

c. Project Planning and Management:

i. Assist the Authority in Individual project planning, sequencing & timelines for [stations
being developed and Infrastructure Projects]
ii. Develop a project management tool for tracking the progress for all [stations under
redevelopment /Infrastructure projects]. Tracking system to be data administered
regularly and be accessible to all stake holders in real time, and should prompt for
stakeholder actions as per milestones so as to achieve a streamlined execution process
that enhances success & accountability.
iii. Scrutinizing the drawings, payments bills, Monthly Progress Reports etc submitted by
Technical Consultants, EPC contractors, Authority Engineer for Project Management
Services (PMS) and Facility Management Services Agencies for approval of Authority.

4. Conflict Management
i. Any disputes with regard to works being executed by the contractors under [CPM Gati-
Shakti] shall be resolved in the most amicable manner in accordance with the provisions of
the contract.
ii. The consultant shall assist in approvals of proposals for variations in the shortest possible
time duly coordinated with the Contractors and the Authority Engineer/Engineer-in-charge
for the projects.

5. 6. General Consultant’s Authority

6.1 The Team Leader of the General Consultant shall act as Representative on behalf of [CPM
Gati-shakti] from the Railway and exercise such authority as may be delegated by the [CPM
Gati-shakti] for day-to-day working. Team Leader may further allocate and delegate such
authority, as may be necessary for effective management of the Consultancy to other Key
Personnel in the Consultant’s organization such as Experts and Design Engineer etc. All
communication from the Consultant shall be carried out by the Team Leader or such
Personnel who has been delegated the requisite authority. One copy of all correspondences
emanating from the General Consultant addressed to other than the Railway shall invariably
be marked to the of [CPM Gati-shakti].
6.2 The General Consultant shall however not have any power in respect of the following and
it shall only make recommendations to the of [CPM Gati-shakti] of the Railway in these
matters:
a. Approving deployment of any sub-contractor by the Contractor(s);
b. Granting Claims of Contractor(s);
c. Issuance of Order for suspension of Contractor’s work;
d. Determining of an extension of time;
e. Waiving off the penalty and arranging the repayment of compensation for delay;
f. Issuing a variation order;
g. Ordering any works/test beyond the scope of the Contract(s);
h. Determining rates for the extra items/extra work;
 i. Any variation in the contract condition;
j. Approval to designs submitted by the Contractor(s);
k. Relieving the Contractor(s) of its duties, responsibilities and obligation stated in the
respective Contract Contracts; and
l. Exercising authority for items other than those provided in these terms of reference
and stipulated in the Contract.

7. Reports and Deliverables

7.1 The General Consultant shall prepare and issue to the Authority six (6) copies of the
following reports, the format and content of which are to be acceptable to the Authority:
(a) Inception Report
Within 21 days of the commencement of the Consultancy Contract, the Consultant shall
prepare and deliver an Inception Report (the “Inception Report”). The Inception Report
shall be a further elaboration of the Consultant’s submissions towards understanding of
the Tender, the methodology to be followed and work plan. It shall also include quality
assurance plan conforming ISO 9001 system of the Consultant’s own working and
including but not limited to quality policy, organizational structure, organizational chart,
roles and responsibility of various positions, names of personnel proposed to man these
positions, list of management procedures and element comparison schedule to establish
compliance with ISO 9001 system. Roles and responsibilities of Key Personnel and Other
Professional Personnel specified at Annexure - shall be expanded and detailed by the
Consultant so as to make each Professional Personnel responsible for specific items in a
manner that all items of the Terms of Reference are distinctively covered.
(b) Project Management Plan
The General Consultant shall deliver detailed management procedures as listed in the
quality assurance plan within 30 days of the commencement of the Consultancy. These
procedures will describe how the Consultant will carry out the scope of Services and
discharge its responsibility contained in the TOR.

(c) Systems and Procedures

Within 45 days of the commencement of the Consultancy, the General Consultant shall
prepare and deliver formats for method statements, work procedures etc which shall be
followed by the Contractor(s) for preparing their own documents.

7.2 A daily report including significant events, if any, on the previous day. The details of
events, planning shall be collected from office of Authority Engineer/Engineer-in-charge
of the projects being executed under [CPM Gati-shakti] . The report shall be sent by E-
mail and submit hard copies to the [CPM Gati-shakti] office and the Authority’s
representative at site. This report will also include any event/happening which is likely
to affect the progress, quality of work and safety.
7.3 A brief monthly progress report to be submitted within 7 days of the end of each month.
This report should include details on progress of checking of drawings/approval of
drawings and specifications for construction and project-wise progress with site
photographs of construction works being executed under [CPM Gati-shakti] with
reference to the targets.

7.4 A detailed Quarterly Report, to be submitted within 14 days of the end of each quarter.
Quarterly reports should include a description of project activities illustrated by
progress/completion photographs, status of any delays and detailed plan to make up
 any shortfall or deficiency, status of contractual claims, and details of all latest financial
projection. All details shall be compiled in appropriate formats
However, it should be noted that the scope of work specified above is not exhaustive. The
General Consultant shall be required to carry out additional work, if any, to as per the Scope of
Services mentioned above by the Authority.
8.0 Manpower Deployment

8.1 The Consultant shall form a multi-disciplinary team (the “Consultancy Team”) for
undertaking this assignment. The Consultancy Team shall consist of experts who
have the requisite experience. Team Leader shall be the leader of this Consultancy
Team. The manpower listed below is indicative required to be deployed by the GC.
For each [Zonal Railway/Division] [Gati Shakti Unit/Station Development Unit],
the Bidder shall propose a team which shall consists of the following Key/Support
personnel (the “Key/Support Personnel”) who shall discharge their respective
responsibilities as specified below:

Key Personnel Educational Minimum Responsibilities and

Qualification Length of Professional Experience
(Minimum) Professiona
l
Experience
Bachelor’s in Engineering
with Master of Business The person should have
Administration (MBA) in worked as Team Leader for at
Team Leader least 1 eligible assignment in
Finance /Chartered 12 years
each category as defined
Accountant above in Technical Capacity.
(CA)/Chartered Financial
Analyst (CFA)
Master’s in Transport The person should have
Planning/Transport experience for at least 1
Station Planning Eligible Assignment in
Engineering/Project 5 Yrs.
Expert Category B as defined above
Management or in Technical Capacity.
equivalent
The person should have
experience for at least 1
Financial Expert Eligible Assignment in either
MBA Finance / CA / CFA 7 Yrs.
of the category as defined
above in Technical Capacity.

The person should have

experience in preparation of
Bidding documents/ Review
mark ups to the Development
Legal Expert Agreement/Concession
Master’s in Law 10 years Agreement, contract
negotiation/dispute
resolution, for at least 1
Eligible Assignment as
defined above in Technical
Capacity.
 Key Personnel Educational Minimum Responsibilities and
Qualification Length of Professional Experience
(Minimum) Professiona
l
Experience
Master’s in architectural 3-5 years The person should have
Architectural design experience for at least 1
Eligible Assignment in either
Expert
of the category as defined
above in Technical Capacity.
Master’s in transportation 5-7 years The person should have
design experience for at least 1
Design Expert Eligible Assignment in either
of the category as defined
above in Technical Capacity.
Graduate Degree in 5-7 years The person should have
Civil/Electrical/Electronics experience for at least 1
Sector Expert Eligible Assignment in either
Engineering or Diploma in
(Civil / Bridge / of the category as defined
Civil/Electrical/Electronics
Electrical / S&T) above in Technical Capacity.
Engineering

[Any Other Project

specific personnels]
‍
Other Support Educational Minimum Responsibilities and
Personnel Qualification Length of Professional Experience
(Minimum) Professiona
l
Experience
Must have experience as
Stenographer in
Stenographer Graduate 3-5 years
infrastructure project.

Office Clerk Cum Must have experience as

Graduate 3-5 years Office Clerk in infrastructure
Record keeper project.
Must have experience of
working as office attendant in
Office Attendant 12th Pass 2 years a railway infrastructure
project.

The person should have

Project Masters in Transport experience for at least 1
Monitoring Planning/ Project Eligible Assignment in either
3-5 years
Support Management/ MBA or of the category as defined
Professional Equivalent above in Technical Capacity.

[Any Other Project

specific personnels]

3.1 Deployment schedule for each Key/Support Personnel should be formulated and incorporated
in the Technical Bid. The actual deployment of GC personnel shall be as per the LoA issued in
 terms of Clause 3.8.1and which will be reviewed and revised by the Authority, if required on
monthly basis for subsequent (3) three months with Authority for deployment purposes
based on the progress and project requirements (the, “Deployment Schedule”).

3.2 The GC 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 GC 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 GC’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 GC
shall be based on the remuneration of such personnel in the Agreement.

4.0 Terms & Conditions of Payment and Deployment:

4.1 Payments to the Consultants shall be made as per clause 4.7 of RFP

a) Remuneration for the Key/Support Personnel shall be determined on the basis of the
Deployment Schedule and days actually spent as deployed by such Key/Support 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.
b) Notwithstanding anything to the contrary stated in the Agreement, it shall be mandatory
to deploy the Key/Support Personnel as per the Man- Months Input specified in the Terms
of Reference unless specifically informed by the Authority for any changes in the
Deployment Schedule, through a notice of at least 30(thirty) days in advance. Monthly
payments as per Clause (a) above will be subject to further deduction as per Clause (c)
below in case of Inadequate deployment of Key/Support Personnel.

4.2 The deployment of manpower shall be as per terms and conditions given as under:

An attendance system for GC’s personnel shall be developed by the GC and approved by the
Authority. All GC’s personnel shall use such attendance system for marking their daily
attendance. A copy of attendance records shall be attached with Fortnightly Status Report.
Proper justification shall be provided for cases of absence of Key/Support Personnel which do
not have prior approval from the Authority.
Man-months input for Key/Support Personnel of the General Consultant:
The proposed manpower deployment for this period shall be matching the activities to be
performed during the said period of engagement of GC for Services. The proposed time frame
for Services during the deployment of Key/Support Personnel during this period is shown in
Appendix-II, Financial Bid Form-1.
It is understood that the remuneration rates shall cover such salaries and allowances as the GC
shall have agreed to pay to the Key/Support Personnel as well as overheads, travelling costs, IT
equipment, stationary, communication etc.
Remuneration for periods of less than one month shall be calculated on a calendar-day basis.
Substitution: The proposed Key/Support Personnel as envisaged above, shall remain deployed
and available for the Project till the issuance of Completion Certificate and Defects Liability
Period respectively, for the Project. For any substitution, provisions as per Clause 3.11 of the
Services Agreement shall be applicable.