scope of project management consultancy services

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    1. SCOPE OF WORKThe various activities broadly involved in the above saidservices are:

    (A) Planning and Co-ordinationi) Planning, scheduling and implementing constructionprograms to complete the project in time. Submissionand updating of PERT chart.ii) The PMCS shall study and scrutinize the drawingssubmitted by the Architect and those from the contractorand point out discrepancies, if any, and submit its viewsto the Client and also to ensure incorporation. PMCS shall

    coordinate the tasks with the architect, contractor andagencies engaged in providing various services.iii) Documentation of all project related matters, includingminutes of different meetings and circulation of suchrecords.iv) Preparation of periodic reports relating to time, costand quality including verification of bills.v) Ensure that the Client and the Contractor abide by the

    Conditions of Contract.vi) PMCS should give the quarterly Budget requirementforecast over the whole project period at the beginningand updated every quarter.For this the PMCS shallprepare a program in PRIMAVERA and regularly update itwrt the baseline.vii) Prepare drawing schedule and follow up with theclient / architects / service providers appointed by the

    client for all schedules and related matters.viii) Check the adequacy of drawings and details.ix) Check the BOQ specifications, contract documents anddeliverables.

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    x) Do verification of the project cost estimates preparedby the architect wrt to the project running account costevery month.xi) Conduct technical and commercial discussions in the

    presence of authorized representatives of the client andPMCS on a regular basis.xii) The PMCS shall ensure that the contractor shallcomply with all the rules and regulations which are underforce such as facilities to the workers both male andfemale including insurance, medical facilities etc

    xiii) Track alignment of the newly laid track as well as

    existing track will be done by competent authority undersupervision of joint team of TBRL and PMCS. It will beproperly documented on a regular basis. Consultant willensure alignment of the track to within stipulatedtolerances.

    xiv) The PMCS shall ensure that the measurements havebeen done with proper care and as per relevant IS codes,MORTH specifications, CPWD specifications. The

    measurement of the earth work (excavation and filling)shall be done to proper levels.

    xv) Before the start of the road/ hard standings and railtrack work, the alignment and cross levels shall be gotapproved by the client to ensure proper execution andmeasurement. The PMCS shall ensure proper drainagesystem is incorporated along the rail track and that

    bridges/culverts are constructed with proper river trainingworks.

    xvi) The PMCS shall ensure proper care for protection ofslope has been taken after hill cutting and beforecostruction of rail track.

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    vii) Shall be responsible for checking the line and levels,steel reinforcement, centering, shuttering andscaffolding, etc.viii) Shall be responsible to supervise the day to day

    works like earth work, PCC, RCC,laying of rail track, brickmasonry, joinery, floorings and all Civil, PH and Electricalworks (Internal and External), and all other items asstipulated in the bill of quantities in Agreement withcontractors.ix) Checking all the measurements recorded in the billprepared by contractor at site with respect to approveddrawings and to certify the accuracy. If in case, it is

    necessary to take measurements at site and record andfinalize the bills, the PMCS shall also do so to make timelypayment for the works done.x) (a) The PMCS shall verify the progressive billssubmitted by the contractor with reference to the workcarried out on the project. Hundred percent verification ofthe quantum of work done shall be carried out beforerecommending for passing the bill and making payment.

    The client representative shall be present while takingsuch measurement. The PMCS shall certify the accuracywithin three to four days from the date of receipt of billfrom contractor / by the engineer designated by theclient.(b) Care shall be taken to take timely measurement ofsuch items which may get embedded or hiddenmeasurements and not susceptible for measurement at a

    later date, which cannot be recorded in future shall berecorded before covering up the work.xi) On completion of work, the PMCS shall have theresponsibility to finalize the final bills for the work as peractual execution.

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    xii) The PMCS should settle the Final Bill within six monthsafter completion of Project.xiii) Shall be responsible to maintain the day to dayconsumption of cement for the work at site and shall see

    that the cement used in work is as per the theoreticalrequirement.xiv) Shall be responsible for completion of project as perscheduled time stipulated in agreement with thecontractors.xv) Shall preserve field books and measurement bookssupplied by client in safe custody and shall return thesame duly completed and signed to client after

    completion of project or as advised by client.xvi) Shall maintain cement register, steel register, dailylabor register, drawing register, hindrance register,register for payment of advances and recoveries, registerfor reconciliation of materials to facilitate recoveries,register for movement of field books / measurementbooks, site instructions book, diary of work, QualityAssurance (QA) records,test records, stage passing

    register etc.,and any other register as advised by Client and shallreturn all registers referred above after completion of theproject or as advised by Client.xvii) Shall ensure that contractors have complied withregistration under Contract Labor (Regulation andAbolition) Act, 1970 and Central Rules, 1971 and abide bylaws pertaining to labor including payment as per

    Minimum Wages Act and any other Act or enactmentrelating thereto and rules framed there under from timeto time. The PMCS shall ensure compliance by thecontractors of all labor laws and relevant Statutory Actsincluding Labour License, Minimum Wages Act, etc.

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    shall assess impact of excessive quantities on the cost ofproject and wherever felt necessary by Client, prepare aRunning Summary of Costfor perusal of Client. PMCS shallobtain approval from Client if the

    quantities put to tender are likely to exceed by 10% priorto giving green signal to contractor to go ahead with theworkviii) Shall prepare Running Summary of Cost for theproject once in six months or as desired by Client andensure that there will be no cost overrun. PMCS shall helpClient in preparing a note of revised sanction for theproject.

    PMCS shall ensure that following are not recommendedfor payment in interim bills / final bills or as directed bythe client.I) Extra items / deviated items not approved by Client.ii) Payments beyond financial sanction andiii) Payment for the work done in extended period withoutsanction for the time extension.ix) Shall ensure that work proceeds smoothly and not

    hampered for want of decisions / drawings / clarifications.x) Shall submit physical and financial progress reportsonce every month or as desired by Client in standardproforma approved by Client.xi) Shall anticipate time overruns, well before completiondate and obtain requests for extensions from contractors.PMCS shall submit contractors request for extension oftime along with his recommendations well within time.

    Bill for work done in extended time, yet to be sanctioned,shall not be recommended.xii) Shall advise Client with regard to extra claims /disputes / ChiefTechnical Examiners observations /arbitration cases between Client and the Contractors, ifany and assist Client in case of any dispute till the cases

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    are resolved either by mutual negotiation or througharbitration or court, as the case may be.xiii) Shall suggest modifications, if any, due to siteconditions and advise reasoned justification of cost

    variations on account of resultant extra items and excesssupported by proper rate analysis with supporting marketquotations(minimum three in numbers).xiv) To forecast issues ahead in time that would delay theproject and caution clients for appropriate action.xv) To provide value engineering service that will result ineconomical and quality end product.xvi) Commissioning : The PMCS shall submit detailed

    schedule for commissioning of the various subsystems,equipment and the whole integrated facility, inconsultation with the employer. This schedule will coverthe checks/tests/ inspection proposed, and the targetdates for completion.After commissioning the entire facility, a commissioningreportContaining

    (i) salient specifications of materials/equipment/systemsalongwith applicable standards(ii) Reports of inspection/testing carried atworks and test houses(iii) Results of site tests(iv) Defects noticed andrectified during commissioning and

    (v) warranty details of equipment andsystems.2. PMCSs responsibility after completion of projectand defects liability PeriodA) PMCS shall carry out detailed inspection on completionof project and get rectified all defects noticed during

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    inspection. PMCS shall also carry out detailed inspectionduring defects liability period and get rectified all defectsnoticed during such inspection before the end of defectsliability period.

    B) PMCS shall advise Client with regards to extra claimsor disputes / arbitration cases between Client and thecontractor/s, if any, and assist in case of any dispute tillthe cases are resolved either by mutual negotiation orthrough Arbitration or Court as the case may be.C) PMCS should collect the Guarantee Bond for WaterProofing & Anti Termite Treatment, as built drawings andall handing taking over documents as directed by the

    client and it should be handed over to the Client.D) Defect Liability period shall be two years after thecompletion of the Project .3. Other terms and ConditionsA) PMCS is expected to ensure that men of proven abilityand adequately qualified are only employed at site andthey work diligently. In case, Client finds any Engineer/snot up to the mark, PMCS will have to withdraw him /

    them from site and replace him / them by posting newone/s in his / their position. Client reserves the right toremove such personnel and ask for a substitute ofrequired caliber. In case an Engineer/s resigns from theiremployment, PMCS shall immediately provide asubstitute of equivalent caliber. PMCS shall not make anychanges in the personnel deployed by them on work sitewithout prior permission.

    B) The PMCS shall furnish the list of Engineers andSupervisors (Civil and Electrical) with details of theirqualifications, experience, etc., to the Client.C) The Client undertakes no responsibility in respect ofany life, health, accident, travel and any other insurancefor the personnel deployed by PMCS.

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    D) The PMCS shall be responsible for any damage or losson account of neglect of professional duty or conduct onthe part of such staff or Engineers or others. To thiseffect, the PMCS shall indemnify Client.

    E) The PMCS shall not have any objection to Clientmaintaining any Engineering staff at its own cost at thesite of work to carry out work and duties allotted to themby Client, in respect of all the work at site or other areasoutside the scope of PMCS works for overall surveillance,security and verification.F) PMCS shall provide manpower at site timely and onlyexperienced persons will be provided at site.

    i) It will be compulsory for PMCS to place following full-timequalified adequate Engineers on site through out theexecution ofwork.

    Two senior engineers from railway engineeringSenior engineer graduate having minimum 12 yearsexperience in rail track works.

    One Resident Engineer (Civil) (Senior Engineer) CivilEngineering Graduate having 5 to 7 years experience and

    Two Junior Engineer civil (Jr. E), Diploma in CivilEngineering holder will be with 3 to 5 years experience inbuilding constructionindustry.One Common Senior Engineer Services. GraduateEngineer with knowledge of all the utilities and Services &

    One full time Diploma for Electrical sufficient practicalexperience. Prior to posting these personnel to work site /office, PMCS shall submit their Bio-data and obtainapproval of Client.

    The deployment of staff for this project shall be asbelow:-

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    i) Two senior engineers from railway engineeringSenior engineer graduate having minimum 12 yearsexperience in rail track works.

    ii) Resident Engineers (RE) (one) ( CIVIL )

    iii) One full time (Senior Engineer) CIVILGraduate having minimum 5 to 7 Years practicalExperience.

    iv) Junior Engineers (Jr. E) ( CIVIL) (Two) Two full timeDiploma CIVIL holder with 3 to 5 years minimumpractical Experience.

    Electricali) One Senior Engineer (services) Common , Graduate

    Engineer with knowledge of all the utilities andServices

    ii) One Junior Engineer (Electrical) full time Diploma forElectrical with sufficient practical experience.

    G) The above requirement is the visualized minimum.However, more Engineers and other categories of staffmay have to be appointed, if necessary, for satisfactorysupervision and co-ordination, it is specifically agreed

    that the Client shall have no responsibility for any Staff /Engineers / Engineers engaged by the PMCS and the saidPMCS alone shall be responsible as Employer.4. Professional MisconductIf at any time, it is noticed that deliberate attempt hasbeen made by the PMCS to cause over payments to thecontractors by over-measurement or over estimation ofrates or sub-standard work is accepted and

    recommended for payment, the amount shall berecovered from the payment due to the PMCS not onlyfrom this contract but also from any other contractawarded by this Client. The matter will be viewed as aprofessional misconduct and strict action as per the laws

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    of the date of the hindrance on account of which PMCSdesires such extensions as aforesaid and theDirector/engineer designated by the Client shall , if in hisopinion reasonable (Which shall be final ) there after

    authorize such extension of time, if any, as may in hisopinion be necessary or proper.9. Exclusions:All exclusions if any not included in the scope of workshould be spelt out in the offer which will be subjected toreview by the client.10. FEES AND TERMS OF PAYMENT

    The Client hereby agrees to pay the PMCS the following

    remuneration for their services as under,a) i) Fees quoted by them and accepted by the Client forwhich they have rendered Project ManagementConsultancy services assaid above.iii) It will be the responsibility of PMCS to finalize allformalities/ paper work like preparation / settlement offinal bills , extra / substituted items, handing over / taking

    over notes, getting rectifications carried out , etc aftercompletion of the work. The PMCS should complete theabove within a reasonable time of 3 months by deployingrequired number of Engineers and noseparate payment shall be made to the PMCS forthe above activities.iv) The PMCS shall furnish break up details for their offerclearly indicating the number of Engineers, their grade,

    salaries, profit and overheads, etc: considered in theiroffer.v) The PMCS should ensure minimum number ofEngineers as stipulated are engaged throughout theperiod of PMCS. However if due to any reason, lessnumber of Engineers are deployed, suitable reduction on

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    pro-rata basis shall be effected from the bills payable toPMCS and decision of Director/engineer designated by theClient regarding this shall be final and binding on thePMCS.

    b) through running account receipts- 80% of thepayments as decided by the client based on the progressof the work.c) On completion of Work - 10% of fees.(i.e., after finalization of final bills of constructioncontractors)d) On completion of rectifications - Balance 10% of fees.(Arising out of inspection for handing over / taking over &

    facility handing over to Users and completion of defectliability period).e) Service Tax: Agency to confirm applicability ofService Tax.f) Income Tax: Tax will be deducted at source asapplicable.

    The above professional fees is inclusive of all taxesexcluding service tax / professional tax which will be

    reimbursed as per actual. PMCS will be required to submittheir Service Tax Nos. No extra claims or any other taxesand statutory payments if any shall be allowed by theClient.However, Client reserves the right to extend the PMCS orclose the contract and the PMCS is bound by the decisionof the client. The client also reserves the right forreduction in the number of Engineers to be deployed and

    decision of the client shall be final and binding on thePMCS.Liquidated Damages ClauseIf any delay in execution of the works is attributable tothe acts of omissions and commissions and poormanagement of PMCS, Client shall be entitled to recover

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    liquidated damages at the rate of 0.5% of the total feesper week of delay limited to maximum of 10% of the totalactual fees payable.Termination of Contract

    If the PMCS fails to perform any of its obligations underthis agreement or if Client is dissatisfied with the servicesof the PMCS, Client may issue seven days written noticeintimating the PMCS of their failures or deficiencies andcalling upon PMCS to rectify within such time as may bespecified in the notice and if the PMCS fails to performsuch obligation or make good such deficiencies aspointed out to the PMCS in the notice, Client may

    terminate the services of PMCS under this agreement.Client may also terminate the PMCSs services hereunder:i) If the firm is adjudged a bankrupt orii) If the firm make a general assignment for the benefitof their creditors oriii) If a receiver is appointed on account of theirinsolvency oriv) They disregard law, ordinances, rules, regulations or

    orders of any public authority having jurisdiction on theworks.v) If PMCS commits breach of any of the terms andcondition of this contract.

    The termination shall be without prejudice to all rights,liabilities and remedies that have arisen or accrued tilldate of such termination or that may arise on account ofsuch termination and Client may get the project

    completed by whatever method they may deemexpedient. In such case, the PMCS shall not be entitled toreceive any further payment, if due, until the lossdamage or expense incurred by Client due to breach ofthis agreement by PMCS have been settled by them.

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    In case the PMCS abandons the work during the course ofthe project, the Client has the right to appoint analternate PMCS or make an arrangement for carrying outthe work of PMCS, at the risk and cost of the PMCS.

    Traveling / daily allowances shall not be payable to thePMCS, its representatives, officials and consultantsengaged by it for their visit to construction site, offices oflocal authorities, Employers office or any other place.

    The scope of work broadly described herein and assignedto PMCS, as their area of responsibility is inclusive of allconsultancy and other services required in connectionwith the completion of work whether specifically

    mentioned herein or not and rendering such consultancyservices will not entitle the PMCS to charge any additionalfees in as much as the same are included in the overallprofessional fees payable to them.11. Professional IndemnityPMCS warrant that it shall exercise high degree of careand diligence in rendering the services pursuant to thisagreement and that such services shall be of a high

    quality and standard satisfactory to Client. The PMCSshall indemnify Client from any damage or loss arisingfrom such lack of care and diligence or arising out of anyunsatisfactory performance of service by PMCS. For thispurpose, PMCS shall subscribe to a professional liabilityinsurance policy with a nationalized insurance companyfor an amount equivalent to 20% of the total fee payableby Client to the PMCS. PMCS shall provide adequate

    evidence to Client, if asked for, showing that suchinsurance has been taken and being maintained and thatall the premium thereon have been paid.12. DISPUTE SETTLEMENT1. In case of any dispute or difference arising betweenthe parties during the progress of or after construction or

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    abandonment of the work as to the meaning ofconstruction of this contract or touching or relating toworks, or to any other matter or thing arising directly orindirectly under this contract, then and in such an event

    the same shall be referred to THE DIRECTOR,TBRL whoshall alone consider and determine the same, whosedecision / award shall be binding and conclusive uponboth the said parties and this clause shall be deemed asubmission within the meaning of Arbitration andConciliation Act 1996 or statutory modification orreenactment there of.2. It is specifically agreed that the PMCS shall continue to

    render its services provided herein with all due diligence,professional skill and tact not withstanding that anymatter, question or dispute has been referred to theDirector for his decision.3. It is further agreed between the parties that thedecision of the Director,TBRL on all matters of dispute isfinal and binding and questionable only in the court of lawhereto that the Chandigarh Courts alone shall have the

    exclusive jurisdiction.

    Signature of the authorizedPerson with seal of the firmDate