consultants & project managers

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Appointment of Architect for Development of Multimodal Logistic Park (MMLP) at PantNagar, Uttarakhand TENDER DOCUMENT & PRICE BID Tender No. RITES/CO/CP/ICD/MMLP/Pantnagar/Arch./2013 MARCH-2013 Consultants & Project Managers (A GOVT. OF INDIA ENTERPRISE) RITES LIMITED CP DIVISION, 3 RD FLOOR, RITES BHAWAN – II, PLOT NO. 144, SECTOR-44, GURGAON – 122003, INDIA Tel – (0124) – 2728303, FAX – (0124) – 2728371, 2571660

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Page 1: Consultants & Project Managers

Appointment of Architect for Development of Multimodal Logistic Park (MMLP) at PantNagar, Uttarakhand

TENDER DOCUMENT & PRICE BID

Tender No. RITES/CO/CP/ICD/MMLP/Pantnagar/Arch./2013

MARCH-2013

Consultants & Project Managers

(A GOVT. OF INDIA ENTERPRISE) RITES LIMITED

CP DIVISION, 3RD FLOOR, RITES BHAWAN – II, PLOT NO. 144,

SECTOR-44, GURGAON – 122003, INDIA Tel – (0124) – 2728303, FAX – (0124) – 2728371, 2571660

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TENDER DOCUMENT NO: RITES/CO/CP/ICD/MMLP/Pantnagar/Arch./2013/ Dated:1 1.03.2013 ONLY SHORT LISTED BIDDERS --------------------------------------------------- -------------------------------------------------- Sub.:-Appointment of Architect for Development of Multimodal Logistic Park for CONCOR at Pantnagar, Uttarakhand. Tender NO: RITES/CO/CP/ICD/MMLP/ PANTNAGAR/Arch./2013/

Sealed Limited tender are invited in single packet system by Additional General Manager (CP), RITES Ltd. for Development of Multimodal Logistic Park for CONCOR at Pantnagar, Uttarakhand. 1.0 You have been short-listed for submission of the Limited tender for the

above mentioned work. The estimated construction cost of the work is Rs.5,00,00,000 /-(Rupees Five Crore only) Details of the Architectural Consultancy work are given below:-

TABLE - I Limited tender No. and Name of Work.

Estimated cost of Work (Fee of Consultant )

Completion Period

Earnest Money Deposit (In Rs.)

Date and Time of Submission of Limited tender

Date and Time of Opening of Limited tender.

Tender No.: RITES / CO/CP/ICD/MMLP- Pantnagar/Arch./2013 Appointment of Architect for Development of Multimodal logistic Park for CONCOR at Pantnagar, Uttarakhand.

Rs.5.00 Lakhs (Rupees Five Lakhs Only)

As per Schedule given in Clause No. 5.0 of Technical Bid.

Rs.5000/ (Rs. Five Thousand Only)

21-03-2012 Upto 14.00 hrs.

21-03-2012 At 14.30 hrs.

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1.1 Description of Work: The Project components are as under: Development of Multimodal logistic Park for CONCOR at Pantnagar, Uttarakhand .The scope of Architect includes providing Detailed Designing & Planning of various Buildings such as Administrative Building, Business Facilities/ Public Utilities/ Transporters office/ Substation Building/ Workshops, Gate Complex including drivers’ dormitory, Security Hut, Fire Fighting Arrangement , Water Supply Arrangement, Underground Water Tank, Overhead Water Tank, Pumping Arrangement, Tube Well, Sewerage Disposal System related to the buildings, Rain Water Harvesting System, Internal Electrification, General arrangement showing connection of internal Sewerage Disposal System, Electrical connection with external facilities, and obtaining environmental clearance and approval from the various authorities etc for development of Multimodal logistic Park for CONCOR at Pantnagar, Uttarakhand . Designing of Pavements, Roads, Railway Tracks, External development etc are not included in the scope of work of the Architect. Scope of work of Architect includes all buildings and allied facilities only. GENERAL 2.0 The bid documents are not transferable. 2.1 The Tender should be submitted to AGM/TC, RITES LTD, Construction

Project Division, 3rd Floor, Plot No. 144, Sector-44, Gurgaon-122001 on 21- Mar., 2013 at 14.00 hrs, and shall be opened on same day at 14.30 hrs.

2.2 The bidder can seek additional clarification, if any, from the office of

Sr.DGM/C/CP/ICD, RITES LTD, Construction Project Division, 2nd Floor, Plot No. 144, Sector-44, Gurgaon-122001on any working day on or before last day of submission.

2.3 Scope of work Architect is as per Schedule given in Clause No. 4.0 of Technical Bid. 2.4 Bidders may quote their rate in the enclosed Performa of Price Bid Annexure-I 2.5 Approved list of short listed bidders as per Annexure-B 2.6 Conditional bids are liable to be rejected.

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3.0 Bidding documents are being sent to you free of cost through speed post/courier. RITES shall not be responsible for delay in postage. The bid document can also be downloaded for RITES Web site- www.rites.com

4.0 Bids must be accompanied by Earnest Money Deposit amounting to Rs.5,000/-(Rs. Five Thousand Only) for the work in favour of RITES Ltd., payable at New Delhi or Gurgaon. The bids not accompanied with Earnest Money Deposit in a separate envelope along with its Bid as described, shall not be opened and shall be rejected.

5.0 Each page of the bid document should be signed & stamped by the Bidder or his authorized representative.

6.0 Bids duly completed in all respects, shall be received by the Additional

General Manager (Tender Cell), 3rd Floor ROC II, Plot-144, Sector-44, Gurgaon–122 001 (Haryana) up to 14.00 hrs. On the date of opening as given in Table–I and will be opened on 14.30 hrs. on the same date in the presence of the bidders or there authorized representatives, who choose to be present.

7.0 RITES Ltd does not bind itself to accept lowest or any other bid and

reserve right to reject lowest or any other bid or the entire bid and accept any bid either in the whole or in part without assigning any reason whatever.

8.0 Issue of Bid documents to the bidders will not automatically mean that

the bidders are qualified for the award of Contract. The bidders will be required to further fulfill the Qualification Criteria given in the Documents before being considered eligible for the award of Contract. No condition / deviation which is either additional or in modification of the Bid Documents shall be included in the Bid submitted by the bidders. If the bid contains any such condition or deviation from the bid conditions, the bid will be summarily rejected.

9.0 Bid shall be submitted in sealed single packet, superscripting the name

of the work on the cover and containing two separate sealed envelopes/ Envelope -1, EMD, Envelop-2 Technical and Financial Bid both these envelops be sealed in a bigger envelop.

10.0 In case the date of Opening of the Bids are mentioned above is

declared to be holiday, the bids shall be received and opened on the next working day at the same time and venue.

11.0 In case of any discrepancies, the provisions of this Bid Notice shall take

precedence over all other bidding documents.

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12.0 Total time period allowed for rendering of services is as per Clause No-

5 of technical bid from the date of issue of the Letter of Award to the agency.

13.0 Bid shall remain valid and opened for a period of 60 days from the date of opening of bid. In exceptional circumstances, prior to expiry of the original time limit for tender validity, RITES may request to the bidder to extend the period of validity for a specified additional period. The bidder shall extend the validity period of the bid in writing on letter head, without modification in financial bid. Bidder may refuse the extension of validity of bid without forfeiting the EMD in writing.

14.0 Successful bidder shall contact Sr. DGM/CP/ICD for start of work as per

time schedule activity within 3 days from date of issue of letter of award.

AGM/CP/Tender Cell/RITES RITES Ltd., ROC II, 3rd Floor,

Plot No 144, Sector-44, Gurgaon-122001, Haryana.

Tel. No- 0124-2728305, 211

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Technical Bid Sub.:- Appointment of Architect for Development of Multimodal Logistic Park for CONCOR at Pantnagar, Uttarakhand. Tender NO: RITES/CO/CP/ICD/MMLP/ PANTNAGAR/Arch./2013/ 1.0 Introduction RITES is the Consultant and Project Mangers for Detailed Engineering and project Management for Development of Multimodal logistic Park for CONCOR at Pantnagar, Uttarakhand. The estimated cost of Buildings/Structures to be constructed at MMLP Pantnagar, Uttarakhand and included in the scope of this Architectural Consultancy work is 5.00 Crore.

The Architect shall be required to consider the existing site conditions and the

clients requirements while providing Consultancy Services and

Comprehensive Architectural & Designing service for Administrative Building,

Business Facilities/Public Utilities/Transporters office/Substation

Building/Workshop, Gate Complex including driver’s dormitory, Security Huts,

Fire Fighting Arrangement ,Water Supply Arrangement, Underground Water

Tank, Overhead Water Tank, Pumping Arrangement, Tube Well, Sewerage

Disposal System related to the buildings, Rain Water Harvesting System,

Internal Electrification, General arrangement showing connections of internal

Sewerage Disposal System, Electrical connections with external facilities, and

obtaining environmental clearance and approval from the various authorities

etc for development of Multimodal logistic Park for CONCOR at Pantnagar,

Uttarakhand. Only Buildings and their allied facilities are included in the scope of the architect.

The estimated cost adopted above is a rough estimate to provide only an idea

to the bidders. This estimated cost may vary to any extent (Plus or minus)

depending upon the facilities required at a particular location and the bidder

shall have no claim whatsoever in case of variation. The final fee shall be

limited to the fee quoted on the cost of final completion of the buildings &

services under the scope of the architect.

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2.0 Definitions 2.1 Owner: Owner shall mean the CONCOR and shall be represented by their General Manager Engg. or his/her representative. 2.2 Client Client shall mean the RITES Ltd. and shall be represented by AGM/GM (CP) or his/her representative. 2.3 Architect/Sub-consultant Architect shall mean the Architectural firm/company appointed by RITES LTD. in connection with the work to discharge its duty as per the scope of services. It shall be represented by their executors, administrators, successors and permitted assigns. 2.4 Engineer-in-Charge The engineer-in-charge for this project shall be AGM/GM (CP), RITES Ltd. or his authorized representative. 2.5 Local/Statutory Bodies:

CONCOR, SIDCUL, Directorate of Town and Country Planning, Department of Fire service, Department of forests, other local, State & Central Govt. department etc. shall come under the domain of local/statutory bodies which are related with approval and sanction of master/development plans, building plans, occupancy sanction etc.

3.1 Fee Payable to Architect:

Fee chargeable for scope of services under bid document is to be quoted in Financial Bid (Annexure-I). Fee shall be quoted on percentage basis keeping in view the scope of services as indicated in Clause 4 below for the estimated cost of work i.e: Rs.5.00 Crore. However, in the advent of change in the final cost of works paid to the construction agencies relating to the items of works in Architect’s scope of work, the Architect’s fee shall be paid on such actual cost of works.

The fee quoted by the Architect shall be exclusive of service tax but inclusive of any other taxes duties or levies etc (statutory or else).

3.2 Submission and Validity of Bid: The last date of submission of Bids is up to 14.00 hours on 21March-2013. The bids will be opened on the same day at 14.30 hours.

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The validity of the bid should be for a period of 60 days from the last date of submission of bid.

RITES proposes to start the construction of the work immediately on receipt of the approval of the scheme from CONCOR, availability of working drawings, availability of BOQ and Specifications from the appointed architect. The architect’s responsibility will be to ensure to get the scheme approved from CONCOR /RITES and various Local Authorities and all the relevant drawings to be made available as per Time Schedule given in Clause 5.

3.3 Enclosures to be submitted along with the Bid. i) Earnest Money Deposit (EMD) in envelop – I. ii) Each page of tender document shall be duly signed and sealed by

Architect/firms or its authorized representative as a token of acceptance of terms & conditions.

iii) All Annexure duly filled, signed & sealed by authorized representative of Architect/firm

iv) Acceptance letter (Annexure –II) v) Format of CVs of key personnel proposed to be deployed for this project

(Annexure-III) vi) Copy of Service Tax registration certificate vii) Copy of Council of Architecture Registration viii) Self attested copy of Sole proprietorship/partnership deed/ Memorandum

and Article of association. ix) Self attested copy of Power of attorney on non-judicial stamp paper of

appropriate value of the signatory of bid on behalf of the bidder.

3.4 Earnest Money Deposit (EMD).

i) The bidder is required to deposit Rs.5,000 as EMD through a demand

draft in favour of RITES Ltd., payable at New Delhi, Gurgaon. The

tenders not accompanied by EMD shall not be considered.

ii) If any bidder withdraws his tender within the validity period or makes

any modifications in the terms & conditions of the tender which are not

acceptable to client, the client shall without prejudice to any other right

or remedy, be at liberty to forfeit of the EMD of the bidder.

iii) The EMD of the unsuccessful bidder shall be refunded within 30 days

from the date of award of work to the successful bidder.

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iv) The EMD of the successful bidder will be adjusted against the

performance guarantee as mentioned in the Clause 13.1 in the first RA

bill of the Architect.

v) Bids not accompanied with EMD shall not be accepted and summarily

rejected.

vi) In case the Architect fails to commence the work specified in the tender

document by the date mentioned in Letter of Award or any documents

submitted by the bidder found false, RITES shall without prejudice to

any other right or remedy be at liberty to forfeit whole of the EMD.

vii) If any document/information furnished by the bidder is found to be false,

his bid will be summarily rejected and EMD will be forfeited in full.

viii) If any bidder submits the bids in a manner which jeopardizes the

process of bidding or delay the finalization of the bids his EMD will be

forfeited.

4.0 Scope of Services

The scope of work of Architect include providing Consultancy Services and Comprehensive Architectural & Designing service for all building including Administrative Building, Business Facilities/Public Utilities/Transporters office/Substation Building/Workshop, Gate Complex including drivers dormitory, Security Huts, Fire Fighting Arrangement , Water Supply Arrangement Underground Water Tank, Overhead Water Tank Pumping Arrangement, Tube Well, Sewerage Disposal System related to the buildings, Rain Water Harvesting System, Internal Electrification, General arrangement showing connections of internal Sewerage Disposal System, Electrical connections with external facilities and approval from various authorities etc. for development of Multimodal logistic Park for CONCOR at Pantnagar, Uttarakhand.Designing of Pavements, Roads, Railway Tracks, External development etc are not included in the scope of work of the Architect. Scope of work of Architect includes all buildings and allied facilities only.

The Broad scope of services to be performed by the Architectural firm / company is detailed below:

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Activity No.

Activity Scope of Services in each activity

1. Preparation of Development Plan of MMLP For The Proposed Site.

Preparation of Development Plan of MMLP for the whole parcel of land ensuring compliance with codes, standards and legislation, (local Building Bye-laws, latest Master Plan of the city/town, concerned Zonal Plans and other applicable laws) as applicable. The development plan shall be made taking into account the proposed buildings and proposed infrastructure.

2. Statutory Approval of Master Plan of MMLP.

Approval of the Development Plan (including taking NOC regarding land use as per Master/Zonal regulations from SIDCUL/Railway local bodies, statutory organization) from statutory/local authority. Approval of Building Plan from statutory and local bodies and submission of Model.

3. Preparation of Preliminary Drawings of MMLP.

Prepare the preliminary drawings of MMLP buildings ensuring compliance with codes, standards and legislation, (local Building Bye-laws and statutory bodies) as applicable. Design shall comply with requirements suggested by the client (area requirements, aesthetics, economics, functional use of the building and any other special requirements like energy efficient buildings inclusive designs for physically handicapped etc). The preliminary drawings of MMLP shall have the details of the whole area earmarked for construction along with scheme details of

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drainage, sewerage, water supply, fire detection/alarm, fire fighting, Internal electrification, rainwater harvesting etc. Prepare the preliminary drawings, sketches, study model, etc., with preliminary estimate of cost on area basis considering CPWD (PAR) incorporating latest amendments.

4. Approval of The Client Approval of the Preliminary drawings from the Client and Owner thereafter Preparation of model for display in the specified scale.

5. Development of Drawings of MMLP For Statutory Approval and Preparation of Model.

Development of Building Plans of MMLP or other required drawings along with necessary inputs for submission to statutory bodies/local bodies for taking Building Permit. Architect will also prepare a Model of the complete scheme for whole of the area on a minimum scale of 1:1000.

6. Statutory Approval of MMLP Building Plans.

Liaison and get approval of Building Plans from statutory and local bodies to start construction. Liaison with concerned statutory authorities and get approval for (Bulk power supply, Water supply, Sewerage disposal, D G Set, Fire fighting etc ;)

7. Working Drawings And Tender Documents.

Prepare working drawings, specifications and schedule of quantities sufficient to prepare estimate of cost and tender documents. The cost estimates, BOQ and tender document shall be based on CPWD DSR. Prepare working drawings of MMLP for architecture, Structural drawings civil, electrical, acoustics, fire detection/alarm and fire fighting, Plumbing (drainage, sewerage and water supply), rain water harvesting, internal roads,

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horticulture, external electrification etc.

Prepare detailed estimates; bid documents, technical specifications, bill of quantities, additional specifications etc for the above said working drawings. Approval of the above from the Client.

8-.

Preparation of Good for Construction Drawings

Planning, designing and preparation of architectural, working drawings of MMLP for all architectural works. Planning, designing and preparation of structural drawings and other civil working drawings of MMLP for all architectural works for unhindered execution of project after its award.

Planning, designing and detailing of internal plumbing scheme for all architectural works, including planning of fire protection services, wherever required. Planning, designing and detailing of internal electrification scheme for all architectural works, including air-conditioning services, wherever required. Planning, designing & detailing of scheme for Air-conditioning. All the structural Drawings shall be got proof checked by the Architect from IIT/NIT or any other Institute of repute as approved by Client for which nothing extra shall be payable to the Architect.

Architect shall release six sets of “Good for Construction” working/ detailed drawings for all above works free of cost with one reproducible copy and soft copy on compact Disc

Any other document/ drawing required for the completion of

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work.

9. Construction Stage When the client calls for meetings, Architect has to attend on regular basis to clarify, discuss, and review etc. in connection with the design and drawings during the execution of the project. Prepare and issue additional working drawings and details if required for proper execution of works during construction. Approve samples of various elements and components. Check and approve shop drawings submitted by the contractor/ vendors. Visit the site of work, at intervals mutually agreed upon, to inspect and evaluate the Construction Works and where necessary clarify any decision, offer interpretation of the drawings/specifications, attend conferences and meetings to ensure that the project proceeds generally in accordance with the conditions of contract and keep the Client informed and render advice on actions, if required.

10- Completion Stage Taking completion cum occupancy certificate from local/statutory bodies, NOC and clearance from other enforcement agencies for the occupancy of the building. Issue 4 sets of “As built” drawings including services and structures on re-producible papers and a soft copy.

4.2 The client may review the work carried out by the architect at

architectural planning, detailed engineering or at any pre-constructional stage to get satisfied with the standards and procedures adopted by

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the architect. It shall be the responsibility of the architect to make available the concerned documents to the client on demand.

5.0 Time Schedule

The activities in Clause No. 4 are basically divided in three phase’s viz. Pre-construction Phase, construction phase and post-construction phase. The activities from No. 1 to Activity No. 9 are associated with Pre-Construction phase. The duration of pre-constructional phase is 45 days i.e. 1.5 months. The duration for construction phase is earmarked for 24 (Twenty Four) months. The activities at Clause No. 4 are to be performed as per the following schedule:

S.No. Activity of Services Duration

1. Preparation of Development Plan of MMLP For the Proposed Site Preparation of Development Plan of MMLP for the whole parcel of land ensuring compliance with codes, standards and legislation, (local Building Bye-laws, latest Master Plan of the city/town, concerned Zonal Plans and other applicable laws) as applicable. The development plan shall be made taking into account the proposed buildings and proposed infrastructure.

10 days from the date of Letter of Intent (LOI) to the Architect

2. Statutory Approval of Master Plan of MMLP. Approval of the Development Plan (including taking NOC regarding land use as per Master/Zonal regulations from SIDCUL/Railway local bodies, statutory organization) from statutory/local authority.

30 days from the date of Letter of Intent (LOI) to the Architect

Approval of Building Plan from statutory and local bodies and submission of Model.

3. Preparation of Preliminary Drawings Of MMLP. Prepare the preliminary drawings of MMLP buildings ensuring compliance with codes, standards and legislation, (local Building Bye-laws and statutory bodies) as applicable. Design shall comply with requirements suggested by the client (area requirements, aesthetics, economics, functional use of the building and any other special requirements like energy efficient buildings inclusive designs for physically handicapped etc).

30 days from the date of Letter of Intent (LOI) to the Architect

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The preliminary drawings of MMLP shall have the details of the whole area earmarked for construction along with scheme details of drainage, sewerage, water supply, fire detection/alarm, fire fighting, Internal electrification, rainwater harvesting etc. Prepare the preliminary drawings, sketches, study model, etc., with preliminary estimate of cost on area basis considering CPWD (PAR) incorporating latest amendments.

4. Preparation of “Good for Construction” Drawings of MMLP.

Planning, designing and preparation of architectural, working drawings for all architectural works. Planning, designing and preparation of Proof checked structural drawings and other civil working drawings for all architectural works for unhindered execution of project after its award.

Planning, designing and detailing of internal plumbing scheme for all architectural works, including planning of fire protection services, wherever required.

Planning, designing and detailing of internal electrification scheme for all architectural works, etc. wherever required.

Planning, designing and detailing of schemes, pertaining to external services like sewerage, water supply, storm water drainage, Rain water harvesting, external electrification work, standby power supply and horticulture etc. Any other drawings desired by the client.

45 days from the date of Letter of Intent (LOI) to the Architect

5. Construction Stage The clarifications, discussions, review etc. in connection with the design and delivery of drawings during the execution of the project as given in Activity No 10 of clause 4

During the construction phase

6.

Post Construction Phase Taking completion cum occupancy certificate from local/statutory bodies, NOC and clearance from other enforcement agencies for the occupancy of the buildings as given in Activity No 11 of clause 4

Postconstruction phase,to be completed within 3 months after completion of work

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5.1 More than one activity shall be started concurrently as per the schedule of activities as given in Clause No 4.0, so that the whole pre-constructional activities are performed within 45 ( Fourty Five) days from the date of letter of intent (LOI) to the Architect. 5.2 Time has been allocated for approvals of Development Plans by

local/statutory bodies, Conceptual Plan by the Client and Building Plan by the local/statutory bodies respectively if required. If any delays are caused on account of approvals by the local/statutory bodies/client beyond the allocated time, the delay shall be considered, if the completed drawings along with documents are submitted to local/statutory bodies or the client in time for approval with evidence and the Architect has sincerely followed up the approvals with local authorities.

5.3 If the delay on account of approvals by local/statutory bodies is

established after submission of the development plan/building plan etc. and owner/Engineer in Charge is satisfied that all possible efforts have been mode by the Architect. The reasonable extension of time may be granted to the Architect after discussion with the architect and the owner. However no extension of time is allowed for delays attributable to the architect.

6.0 Reference Standards for Services

The architect is required to provide services based on extant rules, local bye-laws, applicable standards and sound engineering practices. The reference of standards is detailed below for application in services of architect. The architect shall refer the standard documents in case they are not mentioned below:

6.1 Development Plan, Architectural Plan, Building Plan and their approvals: 6.1.1 SISCUL Bye-laws (with up to date addendum/corrigendum if any). 6.1.2 Applicable laws of fire service dept, forest Deptt. and other concerned agencies. 6.1.3 Rules & Regulations of local state /Central Govt. / Municipal / Panchayat Bodies. 6.2 Design of Structures, Preparation of drawings, detailed estimation etc: 6.2.1 National Building Code, 2005 6.2.2 IS: 1893 (latest edition) 6.2.3 IS: 13920 (latest edition)

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6.2.4 IS: 13828 (latest edition) 6.2.5 Other applicable standards or as directed by Engineer-in-charge 6.2.6 Sound Engineering Practice for detailed estimation 6.3 Preparation of Bill of Quantities etc. 6.3.1 CPWD Schedule of Rate, (latest) 6.3.2 CPWD Schedules of Rates for Electrical, Fire Fighting Items 6.3.3 Additional Items based on Market Rate Analysis (Non-DSR Items) as

per scope of work for standard materials/items proposed to be used in this work for civil, electrical, fire detection/alarm and fire fighting, acoustics, works etc.

6.4 Preparation of Bid Documents 6.4.1 RITES /CONCOR’s Standard Bid Documents for Building work 6.4.2 Works Manual, 2009 of CPWD (updated) 6.4.3 CPWD Specifications, 2009(updated) 6.4.4 Additional Specifications for Non-Schedule rate Items 7.0 Settlement of Disputes & Arbitration 7.1 If at any time, any question, dispute or differences whatsoever shall

arise between RITES and Architect with regard to or in relation to or in connection with the terms and conditions, whether during the progress of work or after its completion, the provisions of the Arbitration and Conciliation Act, 1996, or its amendments for arbitration shall be applicable. The Arbitrator shall be appointed by Director/ED RITES on demand by any party within 30days of the demand for arbitration. A serving officer of RITES/CONCOR of the level of JGM/RITES and above shall be the arbitrator.

8.0 Force Majeure

If at any time, during the continuance of this contract, the performance in whole or in part by either party of any obligation under this contract is prevented or delayed by reason of any war, hostility, acts of public enemy, civil commotion, sabotage, serious loss or damage by fire, explosions, epidemics, strikes, lockouts or acts of God (hereinafter, referred to events') provided, notice of the happening of any such event is given by either party to the other within 10 days from the date of occurrence thereof, neither party shall by reason of such event, be entitled to terminate this contract nor shall either party have any claim for damages against the other in respect of such non-performance of delay in performance, and works under the contract shall be resumed as soon as practicable after such event has come to an end or ceased to exist, and the decision of the Client as to whether the works have been so resumed or not shall be final and conclusive, Provided Further that if the performance in whole or in part of any obligation under this contract is prevented or delayed by reason of any such event for a period exceeding 90 days, either party may at its option terminate the contract by giving notice to the other party.

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9.0 Notice

Any notice to be given hereunder will be sent by registered post/courier/hand receipt at the last known head office address of the “Architect” and shall be deemed to have been served at the time at which the letter would be delivered in the ordinary course of post.

10.0 Liquidated Damage 10.1 “Architect” shall be liable to complete the work within stipulated time

period as mentioned in Clause – 5. 10.2 Time is the essence of contract. In case of delay due to default on part

of Architect, The Architect shall be liable to pay the “Client” compensation at the rate of 1 % (One percent only) of the total accepted fee of the architect as per LOI, per week of delay subject to maximum of 10% (Ten percent) of the total accepted fee of the architect as per LOI or such amount as may be fixed by the “Client”.

10.3 In case the designs prepared by the Consultants are found to be

defective as per the standard engineering practices involving redoing of the work already executed.

i) A sum not exceeding 5% of the fees for that work will be levied on Architect as liquidated damages. This act of the Architect shall also be punishable as per Architect Council rules and the prevalent rules of Govt.

ii) The Architect shall prepare schemes for rectification and modification for redoing the work free of cost.

11.0 Insurance to be made by Architect

Professional Liability Insurance (PLI) including deficiencies / inadequacies in the design of structures and other components for the period of three years or as per applicable law whichever is longer with a minimum coverage equal to the one-fourth of Architect’s total accepted fee as per LOI. Employer’s Liability and worker’s compensation Insurance in respect of the personnel of the Architect, in accordance with the relevant provisions of the applicable law, as well as, with respect to such personnel, any such life, health, accident, travel or other insurance as may be appropriate. It may please be noted that all insurances and policies should start from the date of commencement of services and remain effective as per relevant requirements of Contract Agreement, or up to completion of scope of services, whichever is longer.

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12.0 Mode of Payment Activity No.

Activity of Services Stage of Cumulative Payment

1. Preparation of Master Plan and building plans as per the requirement of Railway/ SIDCUL Building Bye-laws, concerned Zonal regulations and other applicable laws and preparation of Model.

20% (Twenty Percent) of accepted fee (Cumulative – 20%)

Approval of the Development Plan (including taking NOC regarding land use as per Master/Zonal regulations from SIDCUL,local bodies, statutory organization) from statutory/local authority Approval of Building Plan from statutory and local bodies if required.

2 Prepare working drawings for architecture, Proof checked structural drawings civil, electrical, acoustics, fire fighting, Plumbing (drainage, sewerage and water supply), rain water harvesting, internal roads, horticulture, external electrification etc. Prepare estimates; bid documents, technical specifications, bill of quantities, additional specifications etc for the above said working drawings. Prepare tender documents for the above including code of practice covering aspects like mode of measurement, method of payments, quality control procedures on materials & works and other conditions of contract.

25% (Twenty Five Percent) of accepted fee. (Cumulative – 45%)

3.

Preparation of Good for Construction Drawings. Planning, designing and preparation of architectural, working drawings for all architectural works. Planning, designing and preparation of structural working drawings for all architectural works for unhindered execution of project.

Planning, designing and detailing of internal plumbing scheme for all

25%(Twenty Five Percent) of accepted fee. (Cumulative – 70%)

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architectural works, including planning of fire protection services, wherever required.

Planning, designing and detailing of internal electrification scheme for all architectural works, including air-conditioning services, wherever required.

Planning, designing and detailing of schemes, pertaining to external services like sewerage, roads, water supply, storm water drainage, external electrification work, standby power supply and horticulture etc.

4. The clarifications, discussions, Site visits, review meetings etc. in connection with the design and drawing during the execution of the project as given in Activity no 10 clause 4

10%( Ten Percent) of accepted fee. Cumulative 80% (Eighty Percent) of accepted fee.

5. Taking completion cum occupancy certificate from local/statutory bodies, NOC and clearance from DFS and other enforcement agencies for the occupancy of the building. Issue four sets of as built drawings including services and structures on reproduce able papers.

20 %( Twenty Percent) of accepted fee. (Cumulative – 100%).

13.1 The accepted fee as per LOI for the work shall be taken into account for calculating the stage payment to the architect on percentage basis as indicated in Clause 12.However, while releasing the stage payments to Architect, 5% of the stage payment amount will be retained by the client as performance guarantee. The performance guarantee so retained will be released after 30 days of completion of entire scope of services as per agreement. The final payment will be released based on Total Fee calculated as per Clause 3.1.However if the performance of the architect is not find satisfactory, performance guarantee forfeited in additional to liquidated damage under various other Clauses.

13.2 The statutory deductions i.e., income tax or other applicable taxes shall be deducted from the architect’s bill as per extant rules.

14.0 Obligation of Architect 14.1 It is the responsibility of the Architect to plan and design the building

complex based on standard engineering practice. The architect shall be /stand guarantee for the performance of the system designed by them for a minimum period of 20 years.

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14.2 The architect may be asked to submit alternative models (if decided by

the client/owner) to decide the plan and architectural view of the buildings. Rate for preparation of one model is deemed to be included in quoted rate. However for 2nd model or thereafter extra payment shall be payable to the architect at mutually agreed rates/cost.

14.3 Architect/Sub-consultant shall carry all modifications as desired by

client/Owner. 14.4 Architect/Sub-consultant shall supply detailed computations and back-

up of design sheets to client/owner. 14.5 Architect/Sub-consultant shall supply all drawings& designs on Auto

CAD, Stadd-Pro /or any relevant computer programmes. Copy of final design/drawings shall be made available to client/owner in soft copy also.

15.0 Obligation of client

15.1 The client shall provide the copy of building plans of structures, if available with client/owner

15.2 The client shall provide all required inputs about the utilities and

functional requirements of the buildings to optimize the plan.

15.3 The client shall provide all possible assistance to the architect in getting approval of buildings from local/statutory authorities.

16.0 General

16.1 Adequacy of Design

The services to be rendered by Architect shall be based on National Building Code 2005, relevant applicable codes and sound engineering practices. Major decision and specification shall be reviewed by Client to the extent desired. Approval of any design / drawing by Client shall however not absolve the Architect of their responsibilities regarding the adequacy of design and proper functioning of the works. The Architect shall be fully responsible for the adequacy, accuracy and quality of entire services performed by them in accordance with accepted standards of safety, earthquake requirements, environment protection, rain water harvesting, public health and energy efficiency.

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Client have right to get the design approved / checked by reputed independent agency. In that case it will be the responsibility of the Architect to depute their executive and furnish necessary clarification /calculations / assistance for the approval of the drawings / design calculations and no extra payment shall be payable on this account.

16.2 Additions and Alterations

The Client shall have the right to request in writing changes, additions, modifications or deletions in the design and drawing of any part of the work and to request in writing additional work in connection therewith and the Architect shall comply with such request. The decision of Client shall be final on whether the deviations and additions are substantial as requiring any compensation to be paid to the Architect. However for the minor modification or alteration which does not affect the entire planning and design etc., no amount will be payable.

16.3 Foreclosure of contract

RITES reserve the right for foreclosure of contract without assigning any reason whatsoever. The payments in the event of foreclosure of contract shall be restricted to the amount defined / stated for each activity independently and in the event of such termination the Architect shall be entitled to all such fee for the services rendered 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 Architect.

16.4 Rescinding of contract

In the event of failure on the part of the Architect to complete work in time or to the complete satisfaction of the Client or in the event of committing breach of any one or more of terms and conditions of the Agreement, Client shall be entitled to rescind this contract without prejudice to its right to claim damages or remedies under the law. The period of notice to be given to rescind the contract will be 7 days and in the event of such termination, Architect shall be liable to refund the excess payment if any made to him over and above due to him on the date of termination and Client will be entitled to make full use of all or any of the drawings / documents prepared by Architect. In such case RITES Ltd. shall have power to engage another Architect to carry out the balance work debiting the excess amount if any so paid to Architect. Architect shall pay to Client on demand, such excess expenditure within 30 days of issue of notice failing which Architect shall be debarred from

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consultancy jobs of Client in future besides taking other course of action under law to recover such amount.

16.5 Non submission/ submission of Deficient Documents

The tenderer / bidder shall ensure submission of all documents required / requested for in the bid document. Client shall not revert back for seeking deficient documents and shall not be responsible for the same.

16.6 Copyright / proprietary right a) The Architect hereby agree that the fee to be paid as provided in this

agreement will be in full and final for functions to be performed by him and no claim whatsoever shall be made against Client in respect of any part relating to the plans , drawings, and other documents submitted by Architect.

b) The drawings, design. plan, related details prepared and acquired by the Architect for the work entrusted to him under this agreement will become the property of Client The drawings, design, plan, related details cannot be issued to any other person, firm or authority or used by the Architect for any other project without prior permission of Client However the drawings and design can be utilized by Client for other works and Architect shall not have any objection whatsoever.

16.7 Contract Agreement

After acceptance of bid a formal contract agreement shall be executed on a non judicial stamp paper of Rs. 100/- (Rupees hundred only), the cost of the same shall be borne by the Architect.

16.8 Site Meeting

The site meeting shall be held during execution of the work with the architect to sort out any clarification or to take any missing information in connection with the work. The meeting may be convened by the Owner/Client as per the need. However, at least one routine meeting shall be held every month. Nothing extra shall be payable to the Architect for attending the meeting or visit to site or office However not attending the meeting (on date /time communicated by Owner /Client to Architect) by Architect may render him liable to pay compensation of Rs. 10,000 per such meeting which shall be deducted from his fee.

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ANNEXURE-I Shall be submitted on the letter Head of the Firm FINANCIAL BID

To: Date: The Additional General Manager (Tender Cell), RITES Ltd, 3rd. Floor, Plot No. 144, Sector – 44, Gurgaon - 122003 Sub.:-Appointment of Architect for Development of Multimodal Logistic Park for CONCOR at Pantnagar, Uttarakhand. Tender NO: RITES/CO/CP/ICD/MMLP/PANTNAGAR/Arch./2013

Dear Sir, In response to tender document for the above work, we hereby quote our professional Charges as under:

Sl. No. Description

Professional Charges excluding Service Tax (As percentage of Completion cost of work)

In Figures In Words

1

Complete Architect Services as defined in Technical Bid complete for the following works. Detailed Designing & Planning of various Buildings such as:-

i. Administrative Building ii. Business Facilities/Public Utilities iii. Transporters office iv. Substation Building v. Workshop vi. Gate Complex including driver’s

dormitory and Security Hut vii. Fire Fighting Arrangement , viii. Water Supply Arrangement

including Underground Water Tank, Overhead Water Tank

ix. Pumping Arrangement including TubeWell, Sewerage Disposal

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System/ including Culverts etc., x. Rain Water Harvesting System,

Internal & External Electrification

xi. Approval from the various authorities etc.

xii. Preparation Model of MMLP Complex.

Note: It is clarified again that the fee shall be payable only at the cost of Building Works while the Architecture shall prepare the layout plan & model and get approved from various authorities for whole scheme of the MMLP. Thus the fee on the cost of Railway Siding, Pavement, Drains, B and Roads etc. shall not be payable to the Architect.

Certified that:

1. Service tax is not included in the fee quoted above and shall be paid

additionally as production of receipt of deposit by the Architect. 2. All other statutory taxes duties or levies of any kind and its increase or

decrease after submission /opening of bid shall deemed to be included in the fee quoted herein

Authorized Signatory Architectural Firm/Company

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Annexure- II

Acceptance Letter

Dated: The Additional General Manager (Tender Cell), RITES Ltd, 3rd. Floor, Plot No. 144, Sector – 44, Gurgaon – 122003 Sub.:-Appointment of Architect for Development of Multimodal Logistic Park for CONCOR at Pantnagar, Uttarakhand. Ref to: Tender NO: RITES/CO/CP/ICD/MMLP/Pantnagar/Arch./2013/

Dear Sir, 1) The tender document for the above mentioned sub-consultancy work have been

sold to me / us by RITES Ltd , and I hereby unconditionally accept all the conditions of the tender document for the above mentioned work.

2) This is to state and affirm that I shall not stake any claim in case the Client

changes / orders for foreclosure of the work at any of the stages subsequent to start of work for providing services based on this contract.

I, the undersigned am authorized to make this undertaking. Yours Faithfully (Signature of Bidder with stamp)

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Annexure-III Proposed position: Name: Name of present Employer: Present Position: Date of birth: Nationality: Education: Professional qualification: Membership of Professional Institutions: Training & computer Knowledge: key experience: Employment Record (starting from present): Total experience: --- years. Duration/Period Position Activity/Responsibilities Languages Known: Languages Speaking Reading Writing Certification I, ------- the undersigned certify that to the best of my knowledge and belief, this curriculum Vitae described myself, my qualification and my experience. Signature Date: