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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
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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 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
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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 3 of56
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 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)
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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 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
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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 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.
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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 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.
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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 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
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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 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.
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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 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
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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 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
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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 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
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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 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___________________
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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 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.
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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 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.
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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 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
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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 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.
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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
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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:
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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)
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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.
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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)
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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,
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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)
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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.
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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.
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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
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DELHI STATE CANCER INSTITUTE-a centre par excellence in the service of humanity
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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
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DELHI STATE CANCER INSTITUTE-a centre par excellence in the service of humanity
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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
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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)
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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)
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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
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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)
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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.
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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.
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(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.
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(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.
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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:
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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.
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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:
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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
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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
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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.
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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.
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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