architect tender1

7/27/2019 Architect Tender1

1/56

DELHI STATE CANCER INSTITUTE-a centre par excellence in the service of humanity

(an autonomous institution under the Govt. of NCT of Delhi)Dilshad Garden, Delhi 110 095 (India)

TeleFax: +91-11-2211 0505 E-mail: [email protected] Web: www.dsci.nic.in

Page 1 of56

REQUEST FOR PROPOSAL

(R. F. P.)

FOR

ARCHITECTURAL

CONSULTANCY


2/56




Page 2 of56

CONTENTS

S.NO PARTICULAR PAGE NO

PART-A

1.Invitation for Consultancy, Eligibility, Submission, Opening and Evaluation,Information and Instructions

3 to 23

2. Method of Applying & Submission Proposal

3. Presentation & Committee of Assessors

4. Scope of Consultancy Work Inclusive of Project Provisions

5. Time Schedule for Work

PART-B

1. Payment to Consultant

24 to 50

2.Performance Guarantee, Professional Liability, Compensation for Delay,

Abandonment, Termination, Dispute Settlement, Guarantee, Force Majeureand Determination of Agreement

3. General Terms and Conditions

4. Undertaking

5. Area details of existing Building

6. Information/Credential of Tenderer

7. Format and Performance Guarantee Bond

8. Proposed Area details & Plan of new Construction

PART C

1. Clients Brief for Phase-II 51 - 56

Certified that this RFP Document contain pages from 1 - 56

EXECUTIVE ENGINEER (C),

DELHI STATE CANCER INSTITUTE


3/56




Page 3 of56


(an autonomous institution under the Govt. of NCT of Delhi)

Dilshad Garden, Delhi 110 095 (India)

TeleFax: +91-11-2211 0505 Website: www.dsci.nic.in E-mail: [email protected]

NOTICEINVITINGTENDERFORAPPOINTMENTOFARCHITECTCONSULTANT

Sealed Tender are invited on behalf of Director, DSCI for Architect Consultant as lead project consultants.

NITNO

Name of theWork

EstimatedCost(Rs)

EMD(Rs.)

TimeAllowed

i/cconstruction

Cost oftender(Rs)

Last date& time ofreceipt of

application

Last date& time ofSale ofTender

Date &time ofPre-BidMeeting

Last date& time ofReceipt of

Tender

Date& timeof openingof Technical

Bid

Date & timeof Openingof financial

bid

FormNo.

22/EE/

DSCI/2011

-12

ProjectConsultancyAssignmentfor Block-II,DSCI

70Crore

2Lacs

36Months

1000/-19/03/12

upto3:00 P.M

20/03/12upto

4:00 PM

22/03/12at

3:00 P.M

26/03/12upto

3:00 PM

26/03/12at

3:30 PM

Will beinformed

subsequentlyN/A

For details of eligibility criteria & work, please see the website: www.dsci.nic.in orwww.delhigovt.nic.in

Executive Engineer(C ), DSCI)


4/56




Page 4 of56

PART-A

INVITATION

FOR

PROJECT CONSULTANCY ASSIGNMENT FOR BLOCK-II, DSCI

* ELIGIBILITY CRITERIA

* SUBMISSION OF RFP DOCUMENT

* OPENING AND EVALUATION

* AMOUNT OF TOKEN MONEY AND PRIZES

* DEFINITIONS

* INFORMATION AND INSTRUCTIONS

* METHOD OF APPLYING AND DETAILS OF SUBMISSION

* SCOPE OF CONSULTANCY INCLUSIVE OF PROJECT PROVISIONS

* TIME SCHEDULE FOR WORK


5/56




Page 5 of56

INVITATIONFOR

PROJECT CONSULTANCY ASSIGNMENT FOR BLOCK-II, DSCI

SELECTION & APPOINTMENT OF ARCHITECT CONSULTANT FOR

HOSPITAL/HOSPITAL RELATED PROJECT

The DSCI proposes to set up a new Block-II for the Institute in continuity with theexisting complex with the objective to develop and expand the facility with internationalstandards to provide comprehensive and most modern infrastructure for diagnosis and

treatment. It shall also serve as an advanced center for dedicated research and resource

for comprehensive care, training, community care and research in the field of Oncology.

The Institute would provide world class medical care for patients with cancer to the

people of Delhi as well as from other areas including from other countries. The Institute

would serve to be a torchbearer model for health care in the country by amalgamating the

academic skills of the universities, clinical acumen of the super specialists and the

managerial skills of the corporate world.

The institute shall be an ultra-modern hospital with state of the art diagnostic, treatment

and research facilities. The institute is also an academic center for dedicated research

and a resource for advanced training in the field of Oncology evolving into with

independent curriculum and degrees. The institute shall be involved in collaborative

interchange of medical information by establishing alliance with national and international

medical institutions of similar nature.

The Phase-I facilities at this Institute are already installed and functioning since 2006. In

the Second Phase, it is proposed to construct additional floors to the extent possible on

the existing ground floor building where Radiotherapy equipments are already functional

in the plot area of approx 19m X 60m and also totally new construction extending from - 2level to +4 level (higher, if possible) in the an adjacent vacant plot measuring 19 m X 60m

approx size. This shall continue further after leaving a road in between to construct a

multi-level parking in the additional land area measuring about 20 m x 50 m in continuity

on the North of the existing building. THE NEW BLOCK SHALL CONNECT WITH THE EXISTING

BUILDING AT THE CORRESPONDING LEVELS THROUGH THE CORRIDORS INBLOCKS A&C OF

THE EXISTING BUILDING TO MAINTAIN SEAMLESS CONTINUITY OF SERVICES IN THE ENTIRE

INSTITUTE I.E. EACH FLOOR IN THE EXISTING BUILDING SHALL CONTINUE IN THE SAME MANNER

INTO THE NEW BLOCK AT THE CORRESPONDING LEVEL.FACILITIES IN THE ADDITIONAL FLOORS, IF

AVAILABLE, SHALL BE ADDED AFRESH, AS PER THE REQUIREMENTS, WHICH SHALL BE DECIDED

DEPENDING UPON THE QUANTITY OF ADDITIONAL SPACE AVAILABLE AS PER THE STRUCTURAL

DESIGN FOR THE ADDITIONAL BLOCK.


6/56




Page 6 of56

To achieve the objectives as spelled out on the previous page, the DSCI proposes to

engage an Architect Consultant having required potential and experience of handling

hospital projects successfully in India or abroad during the last seven years for project

planning and design services with scope of work mentioned in the bid document.

Desirous Consulting Firms should provide a list of all completed and ongoing

projects of Hospital, Institutional/research building, multi storey, commercial

buildings valuing Rs.30 crore and above for which they have provided the

consultancy during last seven years.

The Architect Consultants shall associate, as required, other consultants in the field of

hospital construction and research laboratories including their commissioning, operation,

interiors, HVAC, fire fighting, electrical, structural engineering, public health engineering &

building automation. The offers on behalf of Director, DSCI containing details of works,

achievements, available professional should be submitted in the office of the undersigned

upto 3.00 PM on 20th March 2012. These shall be opened at 3.30 PM on the same

date. There shall be interactive session for prospective bidders on 22nd

March 2012

at 2.00 PM at Conference Room, DSCI, Delhi 110 095. This NIT inclusive of the

Request for Proposal (RFP) document can also be downloaded from DSCI websitewww.dsci.nic.in.

1.0 Earnest money to be deposited through

Pay order/Demand Draft/Call deposit - Rs. 2 Lacs

2.0 Date & time of receipt of Proposal with EMD - March 26, 2012 upto 3.00

3.0 Date & time of opening of Proposal - March 26, 2012 at 3.30 PM

If any information furnished by the Applicant Firm is found incorrect at a later stage, such

firms shall be liable to be debarred from biding/taking up of work with forfeiture all their

assets and levying penalty, as deemed fit, besides recovery of damages of any sort, if

any. The DSCI reserves the right to verify the particulars furnished by the Applicant Firm

independently.

Director, DSCI, also reserves the right to reject any prospective applicant and/or to award

work to more than one Firm or to restrict the work of any party without assigning any

reason.


7/56




Page 7 of56

1.1 Eligibility

1.1.1 R.F.P document can be downloaded from the DSCI website

www.dsci.nic.in.

1.1.2 The applicant shall have to fulfill the Eligibility Criteria as laid down in para

2.0 of the RFP document, failing which his concept understanding of the

project based on the RFP document, methodology of design and his vision

and perspective for the building shall not be opened.

2.0 Eligibility Criteria:

2.1 The applicant should have following experience of having completed worksduring the last 7 Years ending 31st March 2011.

2.1.1 Total Project Consultancy for project at least one hospital/Institutional/

Research, Commercial indoor beds and/or an institutional/research

building with a minimum value of Rs. 30 crores and above. A list of all

the completed projects and ongoing project costing more than Rs. 30

crores undertaken by them in the last seven years should be

submitted.

2.1.2 For this purpose, cost of work shall mean gross value of the completedwork including the cost of materials supplied by the Govt./Client, but

excluding those supplied free of cost.

2.1.3 The applicant shall submit (Certificate of completion indicating the scope

of work). The above works should have been completed between 1st

April, 2004 to 31st

March 2011. Details should be furnished in FORM

A.

2.1.4 All these projects should have been executed from the stage of from

conceptual planning to periodic inspection and completion.

2.1.5 List of ongoing works as mentioned above shall be submitted separately

2.2 The applicant should be registered with Council of Architecture, India.

2.3 The applicant should have sufficient number of Technical &

Administrative employees and consultants/associates for complete

execution of the contract on turnkey basis with irrevocable Letter of

Association for full period of the Project. The applicant should submit a list

of these employees and consultants stating clearly how these would be


8/56




Page 8 of56

involved in this work. Details should also include qualification, experience

etc.

2.4 The applicant should have all CAD/CAM equipment for successful

execution of project and shall enclose the details of all the equipments like

Computer System, Printer, Plotter, Scanner, Drawing Printing machine,

Photostat Machine etc. to be used on this project.

2.4.1 The Architect Consultants shall associate, as required, other

consultants in the field of hospital construction and research

laboratories including their commissioning, operation, interiors,

HVAC, fire fighting, electrical, structural engineering, public health

engineering & building automation.

2.5 The applicant will be asked to prepare and submit a concept understanding

of the project based on the RFP document. The RFP Document shall be

available on the website. It can be seen and downloaded by prospective

participants from the website www.dsci.nic.in/tenders.html.

2.6 The applicant will be required to submit his methodology of design and a

brief concept on his vision and perspective for the building including a visual

presentation of the same.

2.6.1 Based on the presentation and understanding of the project the

committee of Assessors shall recommend 3 Consulting Architects in

the order of merit for appointment as the Consultant.

2.7 The applicant should furnish a legal document in the form of an Affidavit in

the Proforma at FORM C guaranteeing the truth and accuracy of all

statements and of all answers to questions made.

2.7.1 The Affidavit will also authorize DSCI to approach anyone to verifythe statements or enquire on the bidders competence and general

reputation.

Note: The applicant is required to furnish all information in all the

FORMS and their appurtenant formats included herein, failing which

the proposal is liable to be rejected.

3.0 Agreement shall be drawn only with the successful applicant in the bidding

process after techno-financial evaluation by a Committee.


9/56




Page 9 of56

4.0 The time allowed for carrying out the complete work till its commissioning in full

will be 36 months from the 10th day after the date of written orders to

commence the work as per schedule.

5.0 THE SITE FOR THE WORK IS AVAILABLE IN FULL.

6.0 ISSUE OF R.F.P. DOCUMENT.The RFP Document can be downloaded from the DSCI websitewww.dsci.nic.in.

7.0 SUBMISSION OF RFP DOCUMENT

The applicant shall submit the proposal in the name of the Director, DSCI in

two sealed envelopes.

Envelope No. 1- Containing the EMD and self attested copies of eligibility

credential/certificates, concept papers, Soft copy/Hard copy of

Presentation and other Technical & Administrative details as required in

tender.

Envelope No. 2- Containing the Consultancy fees on percentage basis of

the estimated cost/actual cost whichever is less as per terms of the

tender documents.

The Envelopes shall be submitted upto 15.00 hours on 26 March 2012

with Executive Engineer (C), DSCI. These shall be opened on the same

day at 15.30 hrs in the Board Room of DSCI in the presence of available

applicants for the proposals.

8.0 CONFERENCE (INTERACTIVE-SESSION)

THERE SHALL BE A CONFERENCE (INTERACTIVE-SESSION) FOR THE

APPLICANTS ON MARCH 22, 2012 AT 14.00 HRS AT BOARD ROOM, DSCI in

which any doubt of applicants shall be clarified besides discussions on any

additional conditions proposed by the applicants as found necessary. An

addendum/corrigendum to the RFP document would be issued, if required, and no

further query/condition shall be entertained thereafter.

8.1 The applicants are advised to inspect and examine the site and its

surroundings and satisfy themselves before submitting their proposals as

to the nature of the ground and sub-soil (so far as is practicable), the form

and nature of the site, the means of access to the site, the accommodation

they may require and in general shall themselves obtain all necessary

information as to risks, contingencies and other circumstances which may

influence or affect their proposal. The applicants shall be deemed to have


10/56




Page 10 of56

full knowledge of the site whether he inspects it or not and no extra charges

consequent on any misunderstanding or otherwise shall be allowed.

Submission of a proposal by an applicant implies that he has read R.F.P

document and has made himself aware of the scope & specifications of the

work to be done and of conditions having a bearing on the execution of the

work.

9.0 Canvassing whether directly or indirectly, in connection with proposals is strictly

prohibited and the proposals bids submitted by the applicants who resort to

canvassing will be liable to rejection.

10.0 The competent authority on behalf of Director of DSCI reserves to himself the right

of accepting the whole or any part of the proposal and the applicant shall be

bound to perform the same at the rate offered

11.0 The applicant shall not be permitted to offer for works in the DSCI Circle

(responsible for award and execution of proposals ) in which his near relative is

posted as accountant or as an officer in any capacity.

12.0 The proposal for the works shall remain open for acceptance for a period ofNinety

days from the date of presentation of their proposal. If any applicant withdraws

his proposal before the said period or issue of letter of acceptance whichever is

earlier or makes any modifications in the terms and conditions of the proposal

which are not acceptable to the department, then the DSCI, shall, without prejudice

to any other right or remedy, be at liberty to reject his offer apart from forfeiture of

Earnest Money.

13.0 This R.F.P. document shall form a part of the contract document. The successful

applicant, on acceptance of his proposal by the Accepting authority, shall within

15 days from the stipulated date of start of the work sign the contract consisting of:

a) The invitation of proposals for empanelment of architects, R.F.P. documentsand offer received at the time of invitation of proposal and acceptance thereof

together with any correspondence leading thereto.

14.0 OPENING AND EVALUATION

14.1 The following procedures for opening and evaluation of proposals will be

adopted.

14.2 The Envelope containing the EMD & eligibility documents and concept papers

proposal will be opened at 15.30 Hours on March 26, 2012 in the Board


11/56




Page 11 of56

Room at this Institute in the presence of the representatives of the

applicants who are available at that time.

14.3 The Proposals of the applicants will be evaluated and shortlisted by a sub

committee to see whether each applicant (a) meets all the Eligibility Criteria

stipulated in Para 2.0 above (b) contains all the documents and certificates

required to be furnished and (c) has been properly signed by the Authorized

Signatory and meets other requirements stipulated in the R.F.P. document.

14.4 All the shortlisted applicants would be subject to a review by the Committee of

Assessors who may reduce this list and identify the consultant who will be

called for presentation.

14.4.1 Even though an applicant may satisfy the above requirements, he wouldliable to disqualification if he has:

(a) Made misleading or false representation or deliberately suppressed

the information in the forms, statements and enclosures required.

(b) Record of poor performance such as abandoning work, not properly

completing contracts, litigious background or financial failures/weakness

etc.

14.5 Only the applicants who are found to be eligible after completion of the evaluationas mentioned in para 14.2 to 14.4 above will be informed of the date and time of

presentation.

14.6 Based on presentations and understanding of the submitted proposals, the

Committee of Assessors shall recommend 3 Consulting Architects in their order of

merit for appointment as the Consultant.

14.7 The Price Bid of the shortlisted applicant shall be opened in the presence of

participating tenderer later on for which they will be informed separately

Signature of Executive Engineer (C)

For & on behalf of Director DSCI


12/56




Page 12 of56

ACCEPTANCE

The above proposal (as modified by you as provided in the letters mentioned hereunder)

is accepted by me and on behalf of the Director DSCI for a fee to be paid at the rate not

exceeding 3% of the actual cost of the project and for repeated works @ not exceeding

0.5 %.

The letters referred to below shall form part of this contract agreement:-

(i)

(ii)

(iii)

For & on behalf of the Director, DSCI

Signature _____________________

Designation___________________


13/56




Page 13 of56

15.0 (A) DEFINITIONS:-

For the purpose of this Project/Contract, the following words and expressions shall have

the meaning hereby assigned to them except where the context otherwise requires:-

a) Employer means the Director DSCI, which expression shall unless excluded by or

repugnant to the context include Employers representative.

b) Employers Representative means the Chief Engineer, DSCI or any person

authorized by him who would be in charge of work and would sign the agreement

on behalf of the Director of DSCI.

c) Consultant means the word consultant or architect consultant referred in this

document shall be a person/firm/company or organization engaged in rendering

professional services & shall include all his associates.

d) User Department the word user Deptt shall mean the DSCI.

e) Contractor means the person, firm and/or company whose tender/tenders for the

work or any services connected with the work is/are accepted by the Employer and

includes the Contractors legal representative, successor and permitted assigns.

f) Engineer-in-Charge means the Executive Engineer(C), DSCI New Delhi in charge

of the execution of the work.

15.0 (B) INFORMATION AND INSTRUCTIONS

(i) The time allowed for carrying out the work for different activities shall be as per

the time schedule.

(ii) Agreement shall be drawn with the final selected architect consultant and this

document with all terms and conditions shall form part of the agreement.

(iii) No alteration and additions should be made in the text of this document. Any

remark of explanation shall be spelt out in covering letter.

(iv) The R.F.P. document downloaded by the consultant must be attached with the

offer after putting initials on each and every page in token of its acceptance and

of all the terms and conditions therein.

(v) No excuse as regards for want of information on any particular point will be

considered after the proposal has been received.


14/56




Page 14 of56

16.0 METHOD OF APPLYING

(i) If the proposal is made by a proprietary firm, it shall be signed by the proprietor

above his full type written name and the full name of his firm with its current

address.

(ii) If the proposal is made by a firm in partnership, if shall be signed by all the

partners of the firm above their full names and current addresses or by a partner

holding the power of attorney for the firm by signing the proposal in which case

a certified copy of the power of attorney shall accompany the proposal. A

certified copy of the partnership deed, current address of the firm and the full

names of partners shall also accompany the proposal.

(iii) If the proposal is made by a Limited Company or a Corporation, it shall be

signed by a duly authorized person holding power of attorney for signing the

proposal in which case a certified copy of the power of attorney shall

accompany the proposal.

17.0 SUBMISSION OF PROPOSAL

The proposals shall be submitted in sealed envelope containing the detail as under

(i) List of consultancy work for projects of minimum value of Rs. 30 Cr completed in

last seven years and also of the ongoing projects costing more than Rs. 30 Cr.

(ii) Performance letter issued by the client signifying your experience for hospital and

other related project and details of services rendered by you on the project

alongwith award letter of client and scope of work assigned to complete the

consultancy work

(iii) Legal status of your firm whether individual or proprietary or partnership or a

limited Company. (Attach copies of document defining the legal status).

(iv) Name, designation, Identity Proof, PAN Card copy of the individual authorized to

act for the organization.

(v) Financial turnover of the organization during the last three years (to be supported

by the Audited Balance Sheet and Income Tax Return).

(vi) Team of persons likely to interact with employer and officials of DSCI. Team of

technical personnel and leader of the team likely to be deployed and how they

would be involved in this firm. This be submitted in detail enclosing credentials

also.


15/56




Page 15 of56

(vii) The details of Master Planner (Project Architect), PHE Consultant, HVAC

Associates, Mechanical Engineering including Environment Engineer, Structural

Engineer, Site Engineers, Electrical Engineers, Interior Designer, Surveyor &

General Staff to handle such a large size project.

(viii) The consultant shall submit the details as per para 2.0 ofEligibility Criteria.

(ix) The written concept in not more than 15 pages highlighting the concept of

Energy Conservation, Water Recycling, Green Building, Efficiency of

Movement, Optimum Utilization of Space and Parking, solar passive

architectural principles.

(x) Shall also provide CD containing, details and conceptual planning, explaining

the concept to evaluating team and jury thereon.

Buildings have majorenvironment impact over their entire life cycle. Resources

such as ground cover, forests, water, and energy are depleted to give way to

buildings. Resources - intensive materials provide skin to the building and

landscaping, add beauty to it - in turn using up water and pesticides to maintain it

efficiently. Energy-consuming systems for lighting, space conditioning and water

heating provide comfort to its occupants. Hi-tech controls add intelligence to

inanimate buildings so that they can respond to varying conditions, and intelligently

monitor and control resource use, security, and usage of fire systems etc. in the

building. Water is another vital resource for the occupants, which gets continuously

consumed during building construction and operation. Several building processes

and occupant function generate a lot of waste, which can be recycled back for use

or can be reused directly. Buildings are thus one of the major pollutants that affect

urban air quality and contribute to climate change. Hence, arises the need to

design a green building, the essence of which would be to address all these issues

in an integrated and scientific manner. It costs less to operate a green building that

has huge environmental benefits and provides a better place for occupants as well

as for those outside to live and work.

WE EXPECT THE PARTICIPATING CONSULTANTS TO ACCEPT THIS CHALLENGE OF

PROPOSING A GREEN BUILDING AS AN EXTENSION BLOCK OF DSCI TO ACHIEVE ALL ITS

BENEFITS AT AN AFFORDABLE COST. DSCI FOLLOWS CENT-PERCENT HONESTY IN

ALL ITS ACTIVITIES IN TRUE LETTER & SPIRIT.WE BELIEVE IN COST REDUCTION THROUGH

PERSONAL SUPERVISION, INVOLVEMENT/INTERACTION/CONTRIBUTIONS AT EVERY STAGE

AND ENSURE THAT WE PROCURE AND USE THE BEST POSSIBLE RESOURCE AT THE MOST

ECONOMICAL COST WITHOUT PILFERAGES OR WASTAGES ALWAYS KEEPING IN MIND THAT

WE ARE CREATING A SET UP FOR TREATMENT OF SICK AND INFIRM WHO REQUIRE ASOOTHING AND HEALTHY ENVIRONMENT FOR FASTER RECOVERY, BUT MANY OF WHOM ARE


16/56




Page 16 of56

EXTREMELY POOR AND MAY NOT BE ABLE TO PAY FOR THE ESSENTIAL AND LIFE-SAVING

SERVICES REQUIRED BY THEM.KEEPING IN VIEW THE ABOVE PHILOSOPHY, IT IS EXPECTED

THAT THE INTERESTED CONSULTANTS SHALL PUT ALL THEIR EXPERTISE AND RESOURCES

TOGETHER IN THE BEST POSSIBLE MANNERS TO COME OUT WITH A UNIQUE CONCEPT FOR

OUR NEW BLOCK OF EXTENSION OF DSCI AT THE MINIMUM POSSIBLE COST AND DEDICATE

THE SAME TO A SELFLESS SERVICE OF THE HUMANITY FROM THEIR SIDE.

18. PLANNING GUIDELINES FOR SUBMISSION OF CONCEPT PAPERS

18.1. Functional Efficiency:

18.1.1. To vet the space Programme given.

18.1.2. To understand the existing Institute Building (First Phase)18.1.3. To avoid duplication of facilities.18.1.4. Integration of the two phases to increase the functional efficiency.

18.2. Operational Efficiency:

18.2.1. Sense and arrival for both patients/public & in house staff18.2.2. In house staff should pass through change rooms where they also have

to check if required or not.18.2.3.Additional two floors (or more, if feasible) on the existing single storied

functional building (19m x 60m); a new 4 storied structure (or more, iffeasible) alongwith 2 level basement on adjoining plot of 19m x 60m

and a multi-level parking and services in the adjoining plot in continuity. 18.2.4.As far as possible retain public access to ground plus/minus one floor.18.2.5. Segregation of outpatient and inpatient areas and services18.2.6. Privacy & Dignity of Patients.18.2.7. Two levels below ground level can kept from Parking & services.

18.3. Control:

18.3.1. Strategic presence of control staff to decrease traffic inside the building 18.3.2. Use of IT to minimize and control physical movement as far as possible

18.4. Energy efficiency of buildings:

18.4.1. Building plans to use solar passive/climatic design principles to improve the

internal environment and decrease the use of active energy systems

through Building Management System, Green Building concept, use of

dedicated chutes for programmed movement of stores to various locations

within the Institute.

18.4.2. Proper disposal of hospital wastes including radioactive waste as per

the CPCB norms

18.5. Energy Efficiency in Pursuing cost:18.5.1. Use of non-conventional energy alternatives.


17/56




Page 17 of56

18.5.2. Recycle waste.

18.5.3. Longevity of materials

18.5.4. Ease of maintenance of finishes.

18.5.5. Use of mechanical aids to reduce HVAC losses.

18.6. Safety and security:

18.6.1. Hospitals specific device safety and security systems

19. PRESENTATION TO INCLUDE:

19.1. Layout planning of Building

19.2. Conceptual plan/sketch of the complete project indicating linkage with the

existing Building.19.3. Traffic circulation and parking study.

19.4. Landscape plan/sketch.

19.5. Building plans/sketches and architectural control plan of the buildings.

19.6. Service plans keeping in view the existing services.

19.7. Other details as deemed fit by the Architect Consultant.

19.8. Provision of services

19.9. Compatibility with existing structure i/c linkages.

20. Note: - All above drawings/sketches should be presentable, which shall be the

property of DSCI

21. The committee of Assessors shall be nominated by Director DSCI

22. SCOPE OF CONSULTANCY WORK

22.1. GENERAL:

The Consultant Firm shall provide comprehensive consultancy services in

project conceptualization covering space utilization, keeping in view with the

FAR available out of the total plot area with Guru Teg Bahadur hospital plot

and in consultation with consultant Architect of DHS, feasibility study w.r.t

structural safety & other statutory issues. Functional and equipment

requirements and shall integrate both existing & proposed building as

single unit. Shall prepare preliminary project report, project cost estimation,

detailed architectural engineering and service design, detailed project

report, preparation of bid document, draft NITs, interiors etc. all complete.

22.2. PROJECT PROVISIONS:


18/56


19/56




Page 19 of56

Building Management Systems, HVAC, electrical supply, water supply,

sewerage, disposal, soil disposal, storm water drainage, acoustics,

lighting, street/ compound lighting, landscaping, interiors/exterior

development plans showing roads, paths, drains, culverts, compound

walls, external lighting indicating scope, specifications and costs

separately of such sub-heads.

23.1.3. Obtain the approval of all Competent Authorities/Statutory Bodies

necessary according to the Local Acts, Laws, and Regulations etc.,

make the changes desired by such Authorities and resubmission of

documents for their approval. This may involve working out the FAR,covered area details liasioning/co-ordination for the existing structure

from authorities/Architects to secure approved of the proposal plan from

MCD, DDA or any authority. DUAC, MCD, Health Department, Air Port

Authorities, CPCB or any other such authorities involved in construction

and subsequent functioning of various services of a hospital, especially

in meeting various statutory norms..

23.1.4. Obtain the approval of the Employer, wherever required including

changes, if any, at any subsequent stage in deviations and to

computations of all designs including structural designs, drawings andservices designs, which shall be in accordance with the latest IS Codes

of practice and other codes as applicable. Such detailed computations

of all designs shall be made available to the employer in duplicate

(besides a soft copy of the finaly approved designs) for approval and

checking which the employer may like to exercise for scrutiny. The

Consultant shall take prior approval of the names of sub-consultants for

various services by providing details of their organizations,

qualifications, experience, ability to works efficiently as a part of the

team, and shall be fully responsible for the correctness and accuracy of

structural designs and services designs notwithstanding the approval by

the employer of these designs. The Consultants and his sub-

consultants shall certify in writing that the designs are in accordance

with the upto date and relevant codes of practice.

23.1.5. Prepare programme and schedule of the Project activities starting from

the date of agreement upto the stage of obtaining completion certificate

from the Local Bodies and to get it approved from the Employer within 4

weeks from the date of the agreement.


20/56




Page 20 of56

24. TENDER AND WORKING DRAWING STAGE:

THE APPROVED CONSULTANT SHALL BE RESPONSIBLE FOR:

24.1. Preparation of detailed architecture, structural, services drawing, including

drawings showing details of all utilities and services, internal and external

mentioned under clause 19.2 (A) a and b and 19.1 including and

incorporating all divisions as in clause 19.2 (A) c and d and including detail

of specifications of all special items of work.

24.2. Obtaining approval of the Employer to above, and modifying them if

considered necessary by the Employer and/or if the cost exceeds theestimated cost by over 5%. (five percent)

24.3. If required, obtaining approval of local and other authorities mentioned in

clause 19.2 (A) c & d and making any changes required by them.

24.4. Directing and co-ordinating the Architectural, Structural Engineering and

Surveying work and prepare (with help of Engineers, Surveyors and other

Consultants, as necessary), complete working details and schedules to

describe the whole project adequately for the purposes of taking Employers

approval and of all the local bodies and for placing the main and othersubsidiary contracts by the Employer.

24.5. Preparing detailed estimates on standards schedules, analysis of rates and

norms of CPWD and tender documents to enable the Employer to invite

tenders.

24.6. Preparation and submission of all electric details and calculation of electric

loads complete with drawings, estimates and tenders. All internal

electrification line diagrams, inventory, type of fixtures shall be incorporated

and supplied alongwith working drawings. Internal EI wiring shall includelaying of concludes for telephone, CC TV, computer, Doctors and nursing

call bell system, fire - alarm system which shall form part of EI drawings.

24.7. Estimate/drawings for laundry/boiler, mortuary cabinets, UPS, external

lighting etc.

24.8. Estimate and drawing for lifts and lift shafts, D.G. sets, sub station,

alongwith the load calculations (essential and non-essential).

24.9. Preparation and submission of Heating, ventilation, and air conditioningwork (HVAC), fire fighting details, inclusive of fire-alarm, CCTV system,


21/56




Page 21 of56

nursing call bell system, doctors call bell system, PA System complete with

drawings, estimates and tenders.

24.10. Preparation and submission of interior details of main hospital buildings,

auditorium, conference hall, guest house, residential/hostel units etc.

inclusive of acoustic requirements complete with drawings, estimates and

tenders.

24.11. Provision to install Medical Gas Pipeline Services simultaneously work to

be awarded separately by the Institute and to run along with construction of

the main building.

24.12. Preparation and submission of model of the entire hospital to a suitable

scale as and when required by Local Authorities by DUAC or by Employer

for any purpose. The scale and other details for the model shall be as

decided mutually with the employer.

24.13. While preparing Master Plan, for the hospital the provision of Delhi Nursing

Regulations-1999 and other norms as applicable in Delhi shall be taken into

consideration.

25. CONSTRUCTION STAGE:

THE CONSULTANT WOULD:

25.1. Release Good for construction architectural, structural and services

drawings, specifications and details which may be required for execution of

the work.

25.2. Obtain Employers approval for any material deviation in design or cost in

the working drawings, schedules and specifications from the approved

scheme.

26. CONSTRUCTION MANAGEMENT SERVICES TO BE PROVIDED BY THECONSULTANT:

The Consultant Firm shall:

26.1. Check and approve shop drawings submitted by the contractor.

26.2. Give necessary periodic supervision and inspection to verify that the works

are being executed generally in accordance with the working drawings and

as per architectural concept.


22/56




Page 22 of56

26.3. Advice Employer on changes, if necessary, for technical reasons.

26.4. Advice Employer on the progress of work and its conformity with drawings

issued for the work.

26.5. Compile as built completion drawings including elevations and section and

structure indicating details of buildings and all services and supply 4 sets of

completion drawings to the Employer including one reproducible in the

same size alongwith soft copies in CAD. These are in addition to drawings

and details mentioned in above clauses.

26.6. Consultant shall obtain completion certificates as well as service

connections and occupancy certificate from the Local Bodies at appropriate

stages.

26.7. Provide draft reply to the queries raised by CAG, statutory audit, internal

quality control and CTE.

26.8. Assist on handing over complete building to user Deptt.

27. TIME SCHEDULE FOR WORK:

27.1. The total period of completion for this architectural assignment shall

be 36 months with schedule of completion of various activities as

under:

27.1.1. Preliminary planning of scheme and its approval from local

authorities (Total 4 months with detail as under)

27.1.1.1. Preparation of Master plan of Phase-II in consonance with

Phase-I, preliminary drawings, concept report and its

conceptual approval from client/user Dept and DUAC

2 month

27.1.1.2. Preparation of draft/submission drawing of building and

development work of project including its and approval from

local authorities like Fire Deptt MCD, DJB, DUAC, AAI and

other local bodies, if any,including submission of original

approval of drawing so obtained to employer.


23/56




Page 23 of56

2 months

27.1.1.3. Submission of preliminary estimate covering all of the

project alongwith project report simultaneously

27.1.2. Preparing building drawing, estimate and tender document:

(4 months as per details as under)

27.1.2.1. Preparation of building drawings, estimate and tender

document:

a). Submission of Tender document containing civil,

electrical, mechanical, internal electrification, sanitation,

water supply, development work including bulk

services, rain water harvesting for all the building

components of Phase-II alongwith building drawings

and estimate

b). Horticulture and landscape

c).Air conditioning/HVAC system

d).Any other services like sewerage and water treatmentplant etc.

3 months

27.1.3. WORKING DRAWINGS:

Preparation and finalization of detailed working,

architectural, structural, water supply, sanitation, fire

fighting, electrical, mechanical, air conditioning/HVAC,

rain water harvesting, drawing for Multi-level Parking,

Basement Services, Ground Floor Equipments Area,

Nuclear Medicine and General Ward on the First Floor,

Private Wards in the matching concept on the Second

Floor, Operation Theatres & ICU Complex on the Third

Floor and continuation of General Wards and Private

Wards on the upper floors (beyond Third Floor to be

decided after confirming the additional availability of

additional numbers of floors)

2 months

27.1.4. Interior designing and building cosmetics


24/56




Page 24 of56

1 month

27.1.5. Construction stage:

24 months

(from award of main building work)

27.1.6. Completion drawing & obtaining completion certificate from MCD

and handing over complete building/site to user Department

2 months

(from completion of stage mentioned at 27.1.5)

28. TOTAL TIME SINCE AWARD OF CONTRACT FOR CONSULTANCY: 36

MONTHS


25/56




Page 25 of56

PART-B

INVITATION

FOR

PROJECT CONSULTANCY

ASSIGNMENT FOR PHASE-II

BUILDING

PAYMENT TO CONSULTANT

PERFORMANCE GUARANTEE

PROFESSIONAL LIABILITY

DISPUTES SETTLEMENT AND ARBITRATION

DETERMINATION OR RESCISSION OF AGREEMENT

GENERAL TERMS AND CONDITIONS

UNDERTAKING

FORMATS

AREA DETAILS


26/56




Page 26 of56

20.0 PAYMENT TO CONSULTANT

In consideration of the services performed by the architect consultant under this contract

the employer shall pay to the architect consultant/firm a reasonable amount of fee

through sealed competitive bidding under this RFP BUT NOT EXCEEDING 3% of actual

cost of Project (Preliminary Estimate or executed cost, whichever is less) and for

repeated works NOT EXCEEDING % (as defined in the following paras)

(i) For non-repetitive works a fee calculated at the approved rate of the preliminary

estimated cost or actual cost of construction of the work (whichever is less) including

entrusted services on admissible items (Clause - 21) subject to a sealing of cost of

corresponding items as per approved preliminary estimates or the approved revisedpreliminary estimates where such revision was considered necessary by the employer

excluding the items of work not entrusted to the Consultant. In the event of authorized

changes in the scope of work leading to recasting of the said estimate, the ceiling

shall be based on the cost including such extra cost of the approved modifications or

the actual cost of construction of such work including modifications whichever is lower.

(ii) For repetitive works requiring no new major planning and design and development

work on the part of the consultant except to release additional drawings with revised

titles to suit the work, a fee, calculated at the approved rate (not exceeding half

percent) of the actual cost of work (or the preliminary estimate, whichever is less) as

above shall be payable.

(iii) The above fees at clause 20 [(i) & (ii)] are inclusive of fees payable by the Consultant to

any other sub-Consultants and associates and nothing extra shall be payable by the

Employer.

(iv) The amount of fees will be paid in installments as specified below:

MODE OF PAYMENT

S. No. STAGE % PAYMENT1. Preliminary planning of scheme and its approval from

local authorities as detailed below.(i) finalization of plan of preliminary drawings, concept report

and their conceptual approval from client/ user deptt andDUAC, DHS.

(ii) final approval of concept drawing and scheme from DHS,MCD, DUAC.

(iii) Preparation of draft/submission drawing of building anddevelopment work of project including its submission andapproval from local authorities like fire Deptt, MCD, DJB,DUAC, AAI and other local bodies, if any, including

submission of original approval of drawing so obtained toemployer. (Clause 19.2 A, c, d and e may be referred)

20% of totalfees (A)


27/56




Page 27 of56

2.

3.

(iv) Submission of model of project

(v) Submission of preliminary estimate covering all aspect ofthe project and project report

(A) Submission of post qualification/tender document,estimate for the works as detailed below:(i) Tender document containing civil, electrical,

mechanical, internal electrification, sanitation, watersupply, development work including bulk services, rainwater harvesting for all the building components withbuilding drawings & estimates

(ii) Building Management System(iii) Bio-Medical Waste Management Provision(iv) Stores Movement System

(v) Horticulture and landscape(vi)Air conditioning/HVAC system(vii) Any other services like sewerage and water treatment

plant etc(viii) Interior designing and building cosmetics

(On approval of PQ/Estimate and draft NIT bycompetent authority, 10% of total fee will be released)

Preparing detailed working drawing

(A) preparation and finalization of detailed working,architectural, structural, water supply, sanitation, firefighting, electrical, mechanical, HVAC, rain water

harvesting, interior designing and drawing etc i.e. of alldisciplines as given under clause 19.2 A (a & b) andkeeping provisions for Medical Gases and Modular OTs

(B) preparation and approval of revised estimate with extra,substitute and deviation, if there, during the executionand completion of work, if required

Construction stage(A) On completion of (23% of total fees with detail as under)

i. 25% work (Clause 19.3.C (a & b) and clause 19.3. D (a,b, c & d) - 6%

ii. 50% work (Clause 19.3.C (a & b) and clause 19.3. D (a,b, c & d)- 6%iii. 75% work (Clause 19.3.C (a & b) and clause 19.3. D (a,

b, c & d)- 6%iv. 100% of work and on providing defect list, if any

(Clause 19.3.C (a & b) and clause 19.3. D (a, b, c & d)-5%

(B) Draft replies to queries/point raised by different agenciesrelated to planning, PQ, estimate, tender document,extra/substitute/deviation item (2% of fees with detail asunder)

(a) Govt. audit, Statutory audit and internal quality control(b) CTE/Vigilance organization(c) Internal Quality Control.

20% A

10%

20%

5%

= 35% B

23%

2%

=25% C

35% of total fee(B)

25% C


28/56




Page 28 of56

4.

Completion stage (Refer clause 19.3.D (e)(A) After completion of work and submission of all

completion drawings as per clause 19.3 D (e) - 7% forfollowing works:

(i) Building work(ii) Building Management System(iii) Water supply cold/hot (solar)(iv) Drinking Water Cold/Normal woth RO Systems(v) Air conditioning/HVAC system(vi) Telecommunication and Mobile Phone Booster(vii) Stores Movement System/Chutes(viii) Piped Music, Cable TV, Public Address System

(ix) Doctors and Nurses Call Bell system,(x) Video Conference, CCTV, Computer Cabling, EPABX

System with Telephone Wiring(xi) Fire fighting inclusive of fire alarm (addressable)(xii) Networking LAN/WAN/Wi-Fi(xiii) Central Control Room(xiv) Lifts, External electrification/street lighting(xv) Maintenance Free Public Toilets(xvi) Water/Sewerage treatment plant and their network,

Rain Water Harvesting.(xvii) Electrical and conduiting work, Fittings & Fixtures,

Electric Sub Station, DG sets,

(B) After obtaining completion certificate, service connectionsfrom local bodies and occupancy certificate as detailedbelow (8%):

(i). From MCD Building Deptt for building(ii). Water supply, sewerage and drainage from Delhi Jal

Board(iii). Fire safety provisions and installation from Fire

Fighting Deptt of Delhi.

(C) On handing over complete building to user deptt (Referclause 19.3 D, (h)

7%

8%

5%

= 20% D

20% D

NOTE:

1. Payment will be made in proportion to work done under each head of work

independently.

2. Payment payable to consultant covers all the works mentioned under different

chapter of this proposal document, however, stages of payment schedule have been

indicated to identify the payment time and nothing extra shall be paid on what so ever

account.

3. Consultant shall obtain approval of all drawings/plans/services from DSCI/user depttwhenever required before submitting the same to statutory authorities for approval.


29/56




Page 29 of56

4. Nothing extra shall be given to consultant against the scope of work covered under

this document.

5. In case, if any activity covered under mode of payment is not rendered by consultant

on the request of the department then amount of that activity shall not be paid. The

decision of Engineer-in-charge shall be final and binding.

6. Consultant shall provide original drawings of lay out plan/services/binding etc. made

on special cloth or on good quality tracing paper alongwith CDs for record of

employer.

7. Nothing extra shall be paid on account of photographs, drawing, models required to

be submitted with statutory authorities for obtaining approval.

8. Deptt shall be at liberty to further break the schedule of payment percentage with

respect to quantum of work involve against specific item. Decision of Engineer-in-

Charge with such further break up shall be final and binding.

9. For the purpose of completion of work percentage actual financial achievement of

project shall be counted.

10 The architect consultant shall enclose copy of all document, approvals, drawings etc.

alongwith his raised bill against which item of mode of payment the bill is being raised

to employer.

11. If there is no query/point raised by the agency/agencies against the payment

schedule item No. 3(B) thenthe percentage of payment prescribed against this item

shall be released alongwith the payment at serial No. 4(c).

20.1 SERVICE TAX

Service Tax as applicable shall be reimbursed to the Consultant on production of

its proof of deposit with the concerned authority.

21.0 COST OF CONSTRUCTION

The cost of the following items shall not be included in the cost of construction for

purpose of working out the consultants fee payable.

(a) Land including its development charges but excluding the development cost of

pathway, landscaping, compound lighting and other development works etc, .if

designed by the consultant.

(b) The fee payable to local and/or statutory bodies by the Employer for drawings

approval and service connections, sanction of electric loads, soil testing, survey

etc.


30/56




Page 30 of56

(c) The cost of any such services which are not designed and planned by the

consultants.

(d) Cost of demolition and any infructuous expenditure including cost of any rejected

work.

(e) Cost of supervisory and other establishment employed on work by the consultants

or the employer.

(f) Other contingent expenditure like press advertisement, publicity, cost of foundation

stone, inauguration ceremonies of building etc.

(g) Escalation in the cost of work due to increase in rates of materials, labour etc. after

award of work.(h) Any deviation in the items of work not authorized by the Employer prior to its

execution.

(i) Fittings, fixtures & equipments like Lifts, Heating & AC Plant, Generator Sets etc.

22.0 (A) PERFORMANCE GUARANTEE

(i) The approved Consultant shall submit an irrevocable Performance Guarantee

equivalent to 5% of applicable amount, as calculated on the basis of the

approved rates i.e. Rs. . (Rupees.Only) in addition to other deposits mentioned

elsewhere in the contract for his proper performance of the contract agreement,

(notwithstanding and/or without prejudice to any other provisions in the contract)

within period specified in clause 13.0 from the date of issue of letter of award. This

period can be further extended by the Engineer-in-Charge upto a maximum period

on written request of the consultant stating the reason for delays in procuring the

Bank Guarantee, to the satisfaction of the Engineer-in-Charge. This guarantee

shall be in the form of Cash (in case guarantee amount is less than Rs. 10,000/-)

or Deposit at Call receipt of any scheduled bank/Bankers Cheque of any

scheduled bank/Demand Draft of any scheduled/Pay Order of any scheduled bank

(in case guarantee amount is less than Rs. 1,00,000/-) or Government Securities

or Fixed Deposit Receipts or Guarantee Bonds of any Scheduled Bank or the

State Bank of India in accordance with the form annexed hereto. In case a fixed

deposit receipt of any bank is furnished by the Consultant to the Institute as part of

the Performance Guarantee and the Bank is unable to make payment against the

said fixed deposit receipt, the loss caused thereby shall fall on the Consultant and

the Consultant shall forthwith furnish additional security to the Institute immediately

to make good the deficit.


31/56




Page 31 of56

(ii) The Performance Guarantee shall be initially valid upto the stipulated date of

completion plus 60 days beyond that. In case the time for completion of work

gets extended due to ANY reason, the Consultant shall get the validity of

Performance Guarantee extended to cover such extended time for completion of

work. After recording of the completion certificate for the work by the competent

authority, the performance guarantee shall be returned to the Consultant, as such

and without any interest.

(iii) The Engineer-in-Charge shall not make a claim under the performance guarantees

except for amounts to which DSCI is entitled under the contract (notwithstanding

and/ or without prejudice to any other provisions in the contract agreement) in theevent of:

a) Failure by the consultant to extend the validity of the Performance Guarantee

as described herein above, in which event the Engineer-in-charge may claim

the full amount of the Performance Guarantee.

b) Failure by the Consultant Firm to honor its obligations as per agreement,

Director, DSCI may forfeit in full and or part of the Performance Guarantee after

giving 30 days notice.

c) In the event of the contract being determined or rescinded under provision of

any of the Clause/Condition of the agreement, the performance guarantee shall

stand forfeited in full and shall be absolutely at the disposal of the Director,

DSCI.

22.0 (B) PROFESSIONAL LIABILITIES

Professionals are required to discharge their obligations and commitments diligently and

befitting with quality and standards of services. The laws of the land mandate that the

professionals should provide services to the consumers in a required manner exercising

duty of care and while doing so they should not commit any negligent act. In order to

protect the interest of the consumers against the breach of duty, the deficient services

have been defined by the statute and legal actions have been initiated on the erring

professionals. The services rendered by architects have also been covered by the

relevant laws of the country.

The professional liability of architects for the buildings which have been designed and its

construction and completion is supervised by them and thereafter, remain under the

control and management of owners/ occupants, and not under the superintendence of an

architect who was originally engaged for the design and supervision of construction. In

reality, the longevity and stability of the building are dependent upon the observance ofsafety and maintenance norms.


32/56




Page 32 of56

The document as approved by the Council of Architecture at its 40th

meeting held on 12th

& 13th April, 2002, vide Resolution No.302, as guidelines to the Architects and user

organizations / individual clients.

22.1 Professional Duties of Architect:

I Service: "Service", as defined under Section 2 (1) (o) of the Consumer Protection

Act, 1986, means service of any description which is made available to potential

users and includes the provision of facilities in connection with banking, financing

insurance, transport, processing, supply of electrical or other energy, board or

lodging or both, housing construction, entertainment, amusement or the purveying

of news or other information, but does not include the rendering of any service free

of charge or under a contract of personal service. In other words, rendering

professional service by an architect for "consideration" falls within the ambit of

"service". The relationship between the Client and the Architect is that of recipient

and provider of service. The professional services rendered by the architect mean

the services rendered pursuant to the Conditions of Engagement and Scale of

Charges, entered into between the Client and the Architect.

II Competence: An architect, being a professional, shall possess the required

qualifications, knowledge, experience and skill i.e. proficiency and competence fordischarging his professional duties and functions, as specifically required for the

given project. These are governed under the provisions of the Architects Act, 1972

and the Architects (Professional Conduct) Regulations, 1989, framed thereunder.

III Duty of care: It means duty to exercise utmost skill and care. When an architect

offers professional advice/architectural services, implicitly undertakes that he is

possessed of the knowledge and skill for the purpose. Thus, an architect shall

bring to his task a reasonable degree of knowledge and skill and must exercise a

reasonable degree of care.

IV Duties: The duties that are required to be performed by an architect for various

types of projects have been prescribed by the Council of Architecture under the

Conditions of Engagement and Scale of Charges for respective areas in the field of

architecture. The documents stipulate the parameters within which the Architect is

required to function. However, the Conditions of Engagement and matters related

therewith for a given project shall be carried out in accordance with the terms and

Conditions of Agreement executed between the Client and the Architect.

22.2 Professional Conduct:


33/56




Page 33 of56

An architect shall be required to comply with the standards of professional conduct and

etiquette and a code of ethics set out in clauses (i) to (xxv), read with exceptions covered

by sub-clauses (a) to (h) of sub-regulation (1) of Regulation 2 of the Architects

(Professional Conduct) Regulations, 1989. Violation of any of the provisions of sub-

regulation (1) shall constitute a professional misconduct.

22.3 Client's - Owner's/ Occupant's duties and responsibilities:

The Owner - Client shall discharge all his obligations connected with the project and

engagement of the Architect in accordance with the Conditions of Agreement as agreed

upon. Further, the Client(s)-Owner(s) / Occupant(s) upon completion of the building shallmaintain it properly to safeguard and preserve the longevity of the building.

22.4 Professional Negligence:

22.4.1 Negligence: "Negligence" of an architect means failure to take reasonable degree

of care in the course of his engagement for rendering professional services.

22.4.2 Deficient Service:

I "Deficiency", as defined under Section 2(1)(g) of the Consumer Protection Act,1986, means any fault, imperfection, shortcoming or inadequacy in the quality,

nature and manner of performance which is required to be maintained by or under

any law for the time being in force or has been undertaken to be performed by a

person in pursuance of a contract or otherwise in relation to any service.

II An architect is required to observe and uphold the Council's Conditions of

Engagement and Scale of Charges while rendering architectural services in terms

of Regulation 2 (1) (xii) of the Architects (Professional Conduct) Regulations, 1989.

Thus, failure to provide any service/services that is/are necessary for discharge of

his duties and functions for the project for which he has been engaged, amount todeficient service.

22.4.3 Exceptions:

An architect is generally not liable for any liability, if the damage to the building has

occasioned in the following circumstances:

a). Use of building for the purposes other than for which it has been designed.

b). Any changes/ modifications to the building carried out by the

owner(s)/occupant(s) without the consent or approval of the architect whodesigned and/ or supervised the construction of the building.


34/56




Page 34 of56

c). Any changes/alterations/modifications carried out by consulting another

architect without the knowledge and consent of erstwhile architect or without

obtaining No Objection Certificate from him.

d). Illegal/unauthorised changes/alteration/ renovations / modifications carried

out by the owner(s)/occupant(s).

e). Any compromise with the safety norms by the owner(s)/ occupant(s).

f). Distress due to leakage from terrace, toilets, water logging within the vicinity

of the building and that would affect the strength/stability of the structure or

general well-being.

g). Lack of periodical maintenance or inadequate maintenance by the

owner(s)/occupant(s).

h). Damages caused due to any reasons arising out of `specialised consultants'

deficient services with regard to design and supervision of the work entrusted

to them, who were appointed/ engaged in consultation with the Client.

i). Damages caused to the building for the reasons beyond the control of the

architect.

22.5 Professional Negligence and Deficiency in Services - Professional

MisconductAny person aggrieved by the professional negligence and/ or deficiency in services

provided by the architect, the matter shall be referred to the Council of Architecture

under Rule 35 of the Council of Architecture Rules, 1973, to adjudicate whether

the architect is guilty of professional misconduct or not.

22.6 Professional Liabilities:

22.6.1 Indemnity Insurance:

The architect is required to indemnify the client against losses and damagesincurred by the client through the acts of the Architect and shall take out and

maintain a Professional Indemnity Insurance Policy, as may be mutually agreed

between the Architect and the Client, with a Nationalised Insurance Company or

any other recognized Insurance Company by paying a requisite premium.

22.6.2 Maintenance of Record:

The architect is required to maintain all records related to the project for a

minimum period of 4 years after the issuance of Certificate of Virtual Completion.

22.6.3 Duration:


35/56




Page 35 of56

The architect's liability shall be limited to a maximum period of three Years after

the building is handed over to / occupied by the owner, whichever is earlier.

22.7 Nature of Liability:

An architect is liable for the negligent act which he committed in the performance

of his duties. The action against an architect can be initiated by the Client on

satisfying the following conditions:

(a) There must exist a duty to take care, which is owed by an architect to his client.

(b) There must be failure on the part of an architect to attain that standard of careprescribed by law, thereby committed breach of such duty;

and

(c) The client must have suffered damage due to such breach of duty.

22.7.1 Disciplinary action under the Architects Act, 1972

If an architect is found guilty of professional misconduct, he is liable for disciplinary

action by the Council of Architecture under Section 30 of the Architects Act, 1972.

22.7.2 Civil and Criminal action in the Courts of Law

The disciplinary action taken by the Council of Architecture against the architect who

has been found guilty of professional misconduct does not absolve him of his

liabilities under the Code of Civil Procedure,1908 and the Code of Criminal

Procedure,1973, if any.

23.0 ADDITIONAL AND ALTERATIONS:

The employer shall have the right to request for changes, additions modifications

or deletions in the design and drawing of any part of the work any additional work

in connection therewith and the consultant shall comply with such request. If theemployer deviates substantially from the original scheme which involves for its

proper execution, extra services, expenses and labour on the part of the consultant

for making such changes and additions to the drawings, specifications or other

documents due to rendering major part or the whole of his work infructuous, the

consultant may then be compensated for such extra services and expenses on

quantum merit basis at percentage applicable under this Agreement and to be

determined mutually. However, no additional payment shall be made for such

changes of alterations due to consultant own commission and/ or discrepancies

including changes that required by consultant of all internal, external utilities and

services. The decision of the Employer shall be final, on whether the deviations

and additions are substantial as requiring any compensation to be paid to the


36/56




Page 36 of56

consultant. However, for the minor modification or alteration which does not affect

the approved schemes of planning and design, no additional amount will be

payable.

If it is found after call of tenders that the acceptable tender is not within the amount

sanctioned, the consultant shall if so desired by the employer take steps to carry

out necessary modifications in the design and specification to see that the

tendered cost does not exceed the corresponding provision in the preliminary

estimate by more than 5%. The consultant shall not be paid anything extra for

such modification. If the employer is convinced that the trend of market rates is

such that the work cannot be done within the amount of approved estimate, theconsultant shall submit a revised estimate expeditiously for obtaining revised

sanction of the competent authority.

The consultant shall not make any deviations, alterations, additions to or omissions

from the work shown/described and awarded to the contractor except through and

with prior approval of the Engineer-in-Charge in writing.

24.0 COMPENSATION FOR THE DELAY IN THE COMPLETION OF THE WORK:

The time allowed for carrying out the work as specified in clause 19.4 shall be

strictly observed by the consultant and shall be deemed to be the essence of the

Contract on the Part of the Consultant. The work shall throughout the stipulated

period of the Contract be proceeded with all diligence and in the event of failure of

the consultant to complete the work within the time schedule as specified above or

subsequently notified to him. The consultant shall pay as compensation an

amount equal to % (one-fourth) per cent or such smaller amount as the work

remains unfinished after the specified date, subject to a maximum of 5% of the

total fees payable to the consultant under this agreement.

25.0 ABANDONMENT OF WORK

That if the consultant abandons the work for any reason whatsoever or becomes

incapacitated from acting as consultant as aforesaid, the employer may make full

use of all or any of the drawings prepared by the consultant and that the consultant

shall be liable to pay such damages as may be assessed by the employer subject

to a maximum of 10% of the total fees payable to the consultant under this

agreement.

-Provided, however, that in the event of the termination of the agreement being

under proper notice as provided in the clause hereinafter, the consultant shall beentitled to all such fee for the services rendered and liable to refund any excess


37/56




Page 37 of56

payment made to him over and above which is due to him in accordance with the

terms of this agreement for the services rendered by him till the date of termination

of agreement.

26.0 TERMINATION

That this agreement may be terminated at any time by either party upon giving one

months notice to the other and in the event of such termination the consultant

shall be entitled to all such fee for the services rendered till that stage and liable to

refund the excess payment, if any made to him over and above what is due in

terms of this agreement on the date of termination and the employer may make full

use of all or any of the drawings prepared by the consultant.

27.0 DISPUTE SETTLEMENT AND ARBITRATION

Any dispute between the parties as to matter arising pursuant to this contract

which can not be settled amicably within thirty (30) days after receipt by one party

of the other partys request for such amicable settlement, the dispute may be

referred to a sole arbitrator/conciliator to be approved by DSCI.

The reconciliation/arbitrator will be conducted by the reconciliation/arbitrator to be

appointed by Director DSCI for the dispute so referred to him under the provisions ofthe Arbitration and conciliation Act, 1996 with any amendments and enactment

thereof. The proceedings will be conducted at Delhi and jurisdiction will lie with the

courts at Delhi.

The Director, DSCI in the event of the Director for being available any such person

who at that time would be holding charge of the Director, DSCI.

The arbitrator/conciliator would be governed by the arbitrator/conciliator Act, 1996.

Except otherwise provided in the contract all questions and disputes relating to the

meaning of the specifications, design, drawings and instructions herein-before

mentioned and as to the quality of workmanship or materials used on the work or

as to any other question, claim, right matter or thing whatsoever in any way arising

out of or relating to the contract, design, drawings, specifications, estimates

instructions orders or these conditions or otherwise concerning the works or the

execution or failure to execute the same whether arising during the progress of the

work or after the cancellation, termination, completion of abandonment thereof

shall be referred for adjudication through arbitration by a sole arbitrator appointed

by the Director, DSCI.


38/56




Page 38 of56

DSCI and if there is no Director, the administrative head of the DSCI. If the

arbitrator so appointed is unable or unwilling to act or resigns or vacates his office

due to any reason whatsoever another sole arbitrator shall be appointed in the

manner aforesaid. Such person shall be entitled to proceed with the reference

from this stage at which it was left by his predecessor.

It is a term of the contract that the party invoking arbitration shall give a list of

disputes with amounts claimed in respect of each such dispute along with the

notice for appointment of arbitrator.

The arbitration shall be conducted in accordance with the provisions of thearbitrations of the Arbitration and conciliation Act, 1996 with statutory

modifications of re-enactment thereof and the rules made there under and for the

time being in force shall apply to the arbitration proceeding under this clause.

It is also a term of this contract that the arbitrator shall adjudicate on only such

disputes as are referred to him by the appointing authority and give separate award

against each dispute and claim referred to him and in all cases where the total

amount of the claims by any party exceeds Rs. 1, 00,000/- the arbitrator shall give

reasons for the award.

It is also a term of the contract that if any fees are payable to the arbitrator these

shall be paid equally by both the parties.

The venue of the arbitration shall be at New Delhi or at such place as may be fixed

by the arbitrator at his sole discretion.

28.0 SUPPLY OF NUMBER OF DRAWING SETS ETC. AND COPYRIGHT:

All the estimates, bill of quantities with detailed measurements of details of

quantities, detailed designs with calculation, reports and any other details

envisaged under this agreement shall be supplied in duplicate and all drawings,architectural or other services/utilities (internal/external) would be supplied by the

consultant as required for submission to all the local bodies and other authorities

as per statutory requirement plus sets required by the employer itself being not

less than six sets of prints and one reproducible copy in the A1 size. If there is

any revision of any details in any drawing for any reason, same number of

drawings shall be re-issued without any extra charge. Soft copy in the form of

CD/DVD/E-mails with drawings copied in AutoCad (latest version) as well as in

PDF format shall be provided by the Architect and all such drawings, detailed

measurements, bills of quantity, designs, reports, calculations etc pertaining to this

Institute shall be the copyright of the employer.


39/56




Page 39 of56

29.0 GUARANTEE

The consultant shall carry out the works on the aforementioned project in

conformity with norms and sound standards of Engineering. The consultant shall

be responsible for the Technical soundness of the services rendered in every field

of scope of work. In the event of any deficiency in the services, the consultant

shall redo such works at no additional cost to the DSCI. He shall be responsible

for hospital functional requirement as per norms applicable in Delhi, structural

stability and economic design.

The consultant in order to safeguard the interest of the employer will incorporate

appropriate provision of specifications and details in the item ofestimates/drawings/ material/equipments and shall ensure that such provision

provide the necessary guarantee of smooth work/contract/performance.

The employer shall grant right to access to the consultant of these portions of the

work claimed to be defective for inspection. The employer may make good the

loss by recovery from the dues of the consultant in case of failure to comply with

this clause.

30.0 FORCE MAJEURE

In the event, that either party is prevented, wholly or apart by any force majeure

cause, as defined hereinafter from performing or accepting performance by the

other party under the agreement, it is agreed that either party shall have the right

to terminate the agreement immediately upon giving notice and full particulars of

such act of force majeure in writing to the other party as soon as possible after the

cause relied on and in such an event the consultant shall be entitled to the

amounts due to it as on that date, under this agreement. Force major is herein

architect tender1

Documents