zonal office agra zone proposed · pdf fileagra/kanpur/lucknow/delhi/noida/ for supervision...

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ZONAL OFFICE

AGRA ZONE

PROPOSED CONSTRUCTION OF RSETI BUILDING KANNAUJ WITH

INTERIOR FURNISHING

ESTIMATED COST : 1.00 CRORE

FORM OF APPLICATION

FOR

PREQUALIFICATION OF ARCHITECTS /CONSULTANTS

Name of the firm ………………………………. Address ..……………………………... ……………………………….. ……………………………….. ............................................... Phone Numbers – Mobile No. Fax No.

PRICE OF THIS FORM: Rs.1000/- (Non- refundable) for each applicant.

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To: The Zonal Manager Bank Of India Agra Zone Dear Sir, Sub: PREQUALIFICATION OF ARCHITECTS / CONSULTANTS FOR

PROPOSED CONSTRUCTION & INTERIOR WORK OF RSETI BUILDING AT KANNAUJ.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

I/We have read and understood the press notice for pre-qualifications and instructions to the Applicants. I/We do hereby declare that the information furnished in the Performa and in the supplementary sheets is correct to the best of my/our knowledge and belief. Encl: Supplementary sheets Nos.: Yours faithfully, Signature of the applicant: Name: Designation: Address: //Seal//

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INSTRUCTIONS TO APPLICANTS

1) Intending Applicants are required to submit their applications in the prescribed format and with full particulars giving details about their organization, experience, technical personnel in their organization which will be kept confidential.

2) While deciding upon the prequalification of Architects / Consultants, emphasis will be given on the ability and competence of applicants to do good quality works within the specified time schedule and in close co-ordination with other agencies.

3) Each page of the application shall be signed by the Applicant. The application

shall be signed by person / persons on behalf of the organization having necessary authorization / Power of Attorney to do so.

4) If the space in this form is insufficient for furnishing full details, such

information may be continued on separate sheets of paper, stating therein the part of the form and serial number. Separate sheets shall be used for each part and a proper reference with page number must be indicated in the main form of application.

5) Applications containing false and/or inadequate information are liable for

rejection.

6) While filling up the application with regard to the list of important projects

completed or in hand, the applicants shall include projects relating to institutional / commercial / residential buildings costing not less than Rs. 40.00 lac each and shall mention all features and services of the project handled by the applicant such as number of storey of the building, type of foundation and super-structure, total constructed area, services provided etc.. The applicant should, however, enclose the application form collected from the Bank or downloaded from the website along with the application.

7) Clarifications, if any required, may be obtained from Corporate Services Dept.

Bank Of India, Zonal Office, Agra Zone Agra, Tel. No. 0562-2850086. The minimum general Pre qualification criteria shall be as stipulated in this form of application. However, more fulfillment of minimum eligibility criteria will not entitle for Pre-qualification as Prequalification will be done after taking into account various parameters including receipt of satisfactory reports from clients. The firms shall not have any discouraging / adverse report against their past performance.

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8) Architects are requested to visit the site before submitting the application to acquaint themselves with the site conditions.

9) Applicants shall furnish documentary evidence / certificates in support of their claims of work undertaken and work in hand, failing which the application will be liable for rejection. Applicants have to produce original document to verify the same, failing which are liable to reject.

10) Intimation to pre-qualified Architects for future course of action shall be

advised separately.

11) Decision of the Bank in regard to pre-qualification of Architects shall be final.

The Bank reserves the right to reject any or all applications without assigning any reason thereto.

Signature of the applicant

Address:

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Minimum Pre-qualification Criteria

a) The Architectural / Consultants' firm shall have minimum 7 years experience

in the field of planning, design and periodical supervision of construction of commercial / institutional /residential buildings with all services.

b) The technical set up with adequate organizational structure shall consist of

qualified Architects, skilled staff having knowledge and experience to plan / design / supervise Turnkey projects, Civil Engineers, Specialists, Air-conditioning engineers / specialists, consultants, Electrical Engineers / Consultants and staff along with associates, if any to execute work of such nature and magnitude.

c) The firm must have minimum experience of having successfully completed

during last 7 years

i) at least 3 similar projects costing minimum Rs. 0.4crore .

or

ii) at least 2 similar projects costing minimum Rs. 0.50 crore or

iii) at least one similar project costing minimum Rs. 0.80 crore The expression similar project shall mean the projects relating to institutional / commercial / residential building where the Architectural duties comprised planning of the project and Architectural layout, design of structure and services, preparation of detailed estimates, tenders and periodic supervision of work for ensuring overall quality of work

d) The firm shall have adequate organizational structure comprising of qualified

Architects, engineers, specialists, other technical officers and staff along with associates if any to execute work of such nature and magnitude.

e) The firm should preferably have experience in handling projects rendering

Architectural consultancy for Govt. /Public Sector Undertakings/ Nationalized Banks.

f) The firm should have a proper office infrastructure in

Agra/Kanpur/lucknow/Delhi/Noida/ for supervision and monitoring the work in daily basis.

g) A committee comprising Bank’s representative will visit the selected work executed by the firms, such wok will not be older than three years. The visit is to ascertain quality, workmanship & ability of the contracting firm.

h) The scope of work of Architect is as mentioned in the format of Agreement.

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i) The successful Architect will be required to enter into an agreement in accordance with the Draft Agreement form enclosed within 15 days from the date of work order and he shall pay for all stamps and legal expenses incidental thereto. However, the written acceptance by the Owner of a tender will constitute a binding contract between the Owner and the person so tendering whether such formal agreement is or is not subsequently executed.

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Part – 1 : Basic Information

a) Information has to be filled up specifically in this form only. Do not write remark “As indicated in Brochure or as enclosed” unless asked for by the Bank of India.

b) Information shall be limited to the Applicant. If any relevant data concerning the group of companies to which the applicant belongs is desired to be given, the same shall be given separately in a supplementary sheet.

c) Documentary evidence etc has to be enclosed.

1. Name of the Applicant and address of the Registered office. Phone No. : Fax. No. : E-mail address : Mobile No. : Website, if any :

2. (a)

Year of establishment (Enclose documentary evidence)

(b)

No. of years of experience in the relevant field (Minimum experience required is 7 years in relevant field)

3 Type of the organization (Whether sole proprietorship, Partnership, Private Ltd. or Co-operative body etc.)

4. Name of the Proprietor/Partners/Directors of Applicant with address and phone Numbers.

(a)

(b)

(c)

(d)

5. Details of registration – Whether Partnership firm, Company, etc.

Name of Registering Authority, Date and Registration number.

6. Details of Registrations with the council of Architecture, Registration No & Date (Copy of relevant document to be attached)

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7. Name and Address of the Banker

8. Whether an assesses of Income Tax . If so mention Permanent Account Number. (Enclose documentary evidence)

9. Please mention Service Tax Registration No. (Enclose documentary evidence)

10. Details of registration, if any, in the panel of Architects for other Organization/Statutory bodies/ Public Sector Banks/ CPWD/ PWD etc.

11. Please indicate your related field of services a) Architectural services for institutional

/commercial building b) Architectural services for residential building c) Interior design and furnishing work for

institutional /commercial building d) Exclusive Project Management Consultancy

(PMC) services for institutional /commercial /residential building

e) Both Architectural and PMC services institutional /commercial /residential building

12. Furnish details of Consultant /Specialist whose services are generally availed by the applicant a) Geo-Technical Consultant b) Structural Engineering Consultant c) Electrical Consultant d) Air-Conditioning Consultant e) Plumbing Consultant f) Fire Consultant

13. Furnish details of Office infrastructure at Main Office a) Carpet Area of office b) No. of Architects c) No. of Engineers of various Trades d) No. of Interior Designer e) No. of Draftsman.

Signature of Applicant

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Part 2 : Work capability and previous experience.

List of important Projects executed under consultancy services of the Applicant

during last 7 years each costing Rs. 0.40 crore and above.

Sr.No.

Name of the Project mentioning all features, scope of services and location

Name & full postal address of the owner. Also indicate whether Govt. or Private body with full postal address and Phone No.

Total Final value of work (Rs.)

Completion period

Nature of services rendered

Any important feature

of the work worth

mentioning or

reference

Whether documentary evidence enclosed in support of experience

Scheduled

duration of work

with start &

completion date

Actual duration of work

with start &

completion date

Only Archi

t- ectur

al service (*)

Both Archit- ectural & PMC service

s

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

b) List of important Projects IN HAND each costing Rs. 0.40 crore and above :

Sr.No.

Name of the Project mentioning all features, scope of services and location

Name & full postal address of the owner. Also indicate whether Govt. or Private body with full postal address and Phone No.

Total Final value of work (Rs.)

Completion period

Nature of services rendered

Any important feature of the work

worth mentioning

or reference

Whether documentary evidence enclosed in support of experience

Total duratio

n of work

Date of

actual comple-tion

Only Archit- ectural service

(*)

Both Archit- ectura

l & PMC servic

es

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

(*) Architectural service would include – Planning of the project, preparation of

Architectural layout & Design of structure and services, drawings, detailed estimate, preparation of tenders for various trades of works, periodic supervision of work.

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Part 3 : Technical personnel and special experience.

1. List of technical personnel employed under Applicant’s Firm, giving

details about their technical qualifications & experience in the Applicant’s establishment.

Sr.No.

Name Age Qualifications

Experience Nature of works handled

No. of years in the organis-ation

Indicate special experience and achievement, if any

1. 2. 3. 4. 5. 6. 7. 8.

1.

2.

Main Office Other Office, if any

NOTES: 1. Information has to be filled up specifically in this format. Please do not write

remark “As indicated in Brochure / as enclosed’ unless unavoidable. 2. Information shall be limited to the Applicant. If any relevant data concerning

the Group of Companies to which the Applicant belongs is desired to be given, the same shall be given separately in a supplementary sheet.

2. References 1. Please give references of two persons (Engineers, Architects or top officials of an organisation) for whom you have executed similar Projects of importance, who may be in a position to advise and confirm the Bank about the ability, competence and capability of your organisation. 3. Number of supplementary sheets attached with Sr. Nos.

Signature of the Applicant with full name.

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FORMAT OF PERFORMANCE CERTIFICATE TO BE GIVEN BY

THE PREVIOUS CLIENTS ON THEIR LETTER HEAD TO THE APPLICANT

i) Name of work executed: with scope of work in brief ii) Client’s name and address: iii) Architects for the project: iv) PMC of the Project, if any: v) a) Tendered cost ; b) Value of work executed: vi) a) Time allowed for completion b) Actual time taken for completion c) If delayed, reasons for the same and whether extension granted d) Whether liquidated damages levied on the contractor vii) General attitude and approach of the Contractor in the work: viii) Assessment of work:

Excellent Good Satisfactory Poor

Workmanship

Competence

Integrity and reliability

Attitude and approach

Quality of work

ix) Any Litigation involving Arbitration / Court of Law with details: x) Any other information about the overall Performance of the contractor, the authority would like to mention Signature: Place: Name and Designation: Date: Address:

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AGREEMENT WITH THE ARCHITECT

This Agreement made on the ___________ day of ______________ Two Thousand

Eleven BETWEEN the Bank of India, a Body Corporate constituted under the Banking

Companies Acquisition & Transfer of Undertakings Act 1970 and having its Head Office at

Star House, C-5, G-Block, Bandra-Kurla Complex, Bandra (East), Mumbai – 400 051 and

Zonal Office at …………………………………. Agra (hereinafter called the Bank or BOI which

expression shall include its successors and assigns) of the one part and M/s.

………………………………, a registered proprietor / partnership firm having its registered

office at ……………………………………………….. (hereinafter called “the Project Architects”

or “Architects” which expression shall include the present Partners and also the Partners

from time to time as also their respective heirs, legal representatives, administrators and

assigns) of the other part.

WHEREAS

The Bank intends to construct a Commercial & residential building Complex with interior

work (along with basement etc.) consisting of Basement, Ground floor, upper floor etc at

Bank of India, Zonal Office Building, Plot No………., …………………………….. and

residential building at ……………….., …………….Agra and whereas the Bank is desirous of

appointing the Project Architects as Architects for the said BUILDING PROJECT (hereinafter

called the ‘said Project’) and whereas the Architects have accepted the said appointment by

their letter No. …………………………………….

The Bank and the Architects agreed to set out in writing their rights and obligations in

respect of the said works.

NOW, IN CONSIDERATION OF THE ABOVE PREMISES, THIS AGREEMENT

WITNESSETH THAT :

M/s. ………………………. are hereby appointed as Architects for construction of the

said project, above referred to, on the following terms and conditions, and including without

limitation upon the terms and conditions, as set out in Bank’s letter of to the Project

Architects.

1. ARCHITECTS’ SERVICES :

The Project Architects shall render the following services in connection with and in

regard to the said Project:-

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a) To prepare Master Control chart for monitoring of the Progress of the said

Project and updating of the same time to time, if necessary, with prior

approval of the Bank.

b) To survey the plot boundaries and certify that the plot area measures as fully

described in the Agreement of Lease executed by the Bank with Agra

Development Authority

c) To examine Legislation, rules, regulations and other applicable provisions of

Statutory Authorities, Building Code Control and Drawings of local authorities

and to bring salient and essential features that may affect the said project to

the Bank’s notice.

d) To prepare a detailed topographical survey of the site to a scale and contour

interval determined by the Bank. The survey shall include all the necessary

data related to existing Public Utility Services.

e) To prepare sketch designs with alternative schemes (including carrying out

necessary revisions till the sketch designs are finally approved by the Bank),

making project cost estimate i.e. block estimate and to prepare reports on

merits of the scheme, highlighting aspects such as permissible FSI, likely type

of foundation required, structural design provisions to be made, planning

norms / development rules of the local authorities from whom the plans have

to be cleared before commencement of work and how the same are met in

the proposed layout, permissible and recommended basement areas and

purpose, adequacy of available water sources for drinking, flushing, A.C.

adequacy of electric sources for lighting and Air Conditioning and other

purpose, any alternative arrangements required to be made for water and

electricity, type of drainage system, water storage and distribution

arrangements, compound development, landscaping etc. and all incidentals

and connected aspects thereto so as to enable the Bank to take a decision on

the sketch designs and scheme as a whole.

f) Municipal Submission Drawings: After approval of the schematic drawings by

the Bank, the Project Architects shall prepare the required Municipal drawings

for submission to the Local Municipal Corporation and / or local authority like

Agra Development Authority (ADA), Civil Aviation Dept. fire department etc.

as may be necessary and to obtain their approvals and sanctions

expeditiously. After approval, the Architects shall submit two sets of each

such approved plans and drawings / certificates (approvals) to the Bank. The

Project Architects shall ensure that necessary clearances of concerned local

authorities are obtained for sewers, water lines, excavation within the plot etc.

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before construction is started. Architects shall obtain all the necessary

approvals, permissions and licenses as may be required under the Laws in

force applicable to the said works.

g) The Project Architects shall also have to appoint Structural Consultants,

Electrical Consultants and other experts under them at their cost for assisting

the Project Architects and for preparing working drawings & details.

h) Working Drawings : After submission of the plans to the Local Municipal

Corporation and / or to local authority / to Agra Development Authority (ADA)

or to any other authority empowered to approve under law / rules &

regulations in force applicable to the said works, the Architects shall prepare

detailed architectural working drawings, make design calculations and

drawings for foundation and other structural work of the said Project, make

designs and drawings of normal sanitary, water supply and electricity services

and also for any special installations like lifts, air-conditioning, sewage

treatment plant, fire fighting, telephone, public address system, computer

installations, interior decoration / site preparation work etc. (as may be

required by the Bank in the Project Architects’ services). The Project

Architects shall meticulously work out technical specifications, bills of

quantities and detailed cost estimate after discussing the amenities and

finishes being proposed, with the Bank. While the Project Architects are given

full scope to make suggestions in the best interest of the said Project, the

Project Architects shall amend / change the same suitably, if so desired by

the Bank. The Project Architects shall be responsible for inclusion of each

and every item of the works / specifications required for completion of the said

Project and the correctness of the quantities so as to ensure that variations

are minimum. The Project Architects shall get all these detailed drawings and

cost estimates approved by the Bank after making necessary changes /

amendments etc. if so desired by the Bank. The detailed cost estimate shall

be based on any standard schedule of rates as advised by the Bank and for

rates of items not available in schedule on actual rate analysis on market rate

for materials and labours supported by proper documents. The rate analysis

should be carried out for major items of work costing at least 90% of the

estimated cost of work for the items not covered in the Standard Schedule of

Rates. The Architects shall finally furnish one set of detailed estimate, rate

analysis and structural design calculation for Bank’s reference and records.

The same should also be furnished in electronic form.

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i) Detailed Tender Documents : The Project Architects shall draw up detailed

tender documents for the various trades, complete with the draft Articles of

the agreement, conditions of contract, specifications, drawings, schedules of

quantities, the IBA’s standard PVA clauses, lists of various tests to be

conducted by the Contractors or got done through laboratories for materials,

works at site, etc. various insurance covers required, time and progress

charts, Master Control Charts and any other material necessary for

monitoring and satisfactory completion of the works.

j) Empanelment of the Contractors : The Project Architects shall examine and

recommend the select list of Contractors i.e. short listing of Contractors after

scrutinizing the applications received in response of the press notice for pre-

qualification of Contractors and inspection of some of the works done by

them, with the approval of the Bank, for inviting the tenders for various trades,

prepare comparative statements, highlight abnormally high / low rated items

and submit assessment reports and recommendations thereon to the Bank,

assist the Bank to conduct negotiations with the lowest tenderers where

necessary and after the Bank’s decision on the tenders, prepare contract

documents and get those executed by the concerned Contractors.

k) Supervision of the works at the site and Project Monitoring : It shall be the

responsibility of the Project Architects to supervise and ensure that the said

Project is being executed as per the plans, designs and specifications as

provided for in the contract agreements with the selected / appointed

contractor/s for the said Project, monitoring of the said Project, checking the

materials / works, getting various tests for materials and work done, checking

and correcting the measurements of the works, scrutiny of the Contractors’

bills and issuing payment certificates to the Bank, based on the provisions in

the respective contractors.

l) External Developments: Project Architects shall have to prepare Landscape

drawings/Designs/Specifications and Tender documents up till the scheme is

finally accepted and executed at the project site.

m) True Copies of Contract Documents: To prepare for the use of the Bank,

Contractors and the Site Engineers, if appointed by the Bank, six copies of

the contract documents of various trades, including all drawings, working

drawings, specifications and other particulars and such further details and

drawings as are necessary for the purpose of execution of the said works

including without limitation checking and approval of drawings submitted by

the Contractors.

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n) Responsibility as Project Architects: To assume responsibility for the

correctness of all the estimates, structural and foundation designs and

drawings and for all services and installations and soundness of the

construction accordingly to the said designs and specifications. To assume

full responsibility for the critical site supervision, checking of 100%

measurements, certifications of Contractors’ bills and ensuring proper and

timely execution of the said Project by following up the matter closely with the

other Consultants appointed by the Project Architects, controlling the cost

within the financial sanctions accorded by the Bank, and advising the Bank on

all the financial and technical aspects of the Project.

o) Checking & Certification of Contractors’ bills : The Project Architects shall

scrutinize the running account bills of the Contractors after detailed checking

of measurements and submit to the Bank within two weeks from the date of

the receipt of the said running bill by them from the concerned Contractor,

along with their certificate for the due payment against the said running bill. In

case there is a provision for adhoc payment against R.A. Bills in the

Agreement with the Contractors, the Project Architects shall have to issue

certificate, in Adhoc payment to the Bank within 6 working days from date of

receipt of the R.A. Bill.

p) Building Completion Certificate: Obtaining final building completion certificate

and securing permission of Municipal Corporation or other authority like Agra

Development Authority (ADA) for occupation of the building and obtaining

refund of deposits, if any, made by the Bank to the Municipal Corporation or

other authority like ADA. The Project Architects shall be responsible for

obtaining all other NOCs like those of Fire, Aviation and any other

departments / offices of Govt. / Semi Govt. / Public Bodies in connection with

getting approvals to the plans, commencement of works, completion of works

etc with coordination of project contractor.

q) Providing drawings, carpet areas etc. as required by the Municipal Assessor

& Collector or any other authority in connection with the settlement of the

ratable value of the building/s and advising the Bank in the matter.

r) Any other Architectural service required by the Bank for the said Project for

properly and timely completion but not included in any of the items referred to

above.

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s) Liquidity Damages / Penalty: If project delay due to architects,

penalty will be imposed @ 0.5 % per week subject to maximum

limit of 10% on their total actual payable architect fee.

t) Cost Tracking and Cost Controlling : The Architects shall ensure to keep strict

control on the cost by –

i) Avoiding creation of extra / deviation items.

ii) Avoiding time overrun.

iii) Close monitoring of the cost during progress work and

iv) Advising the Bank about the cost controlling measures from time to

time.

2. CONDITIONS OF CONTRACT :

a) The Project Architects shall submit to the Bank the sketch plans, detailed

plans, cost estimated with rate analysis, tender documents etc. within the

period stipulated in the schedule hereto annexed.

b) During the preliminary stage, the Project Architects shall visit the site, collect

all the relevant data, take site particulars, ascertain local authority’s building

bye-laws, prevailing prices etc. and forward the same to the Bank also. The

Project Architects shall arrange for necessary soil investigations like trial

bores or test pits, load bearing tests or other soil tests, as may be required,

and submit their report to the Bank. The cost of carrying out soil

investigations and various soil tests shall be borne by the Bank separately.

c) The Architects shall prepare a comprehensive programme (Master Control

Chart) of work in consultation with the Bank and other consultants, and

arrange to have the said Project completed in an expeditious manner and in

accordance with the programme drawn up. For this purpose, the Architects

shall attend weekly/fortnightly joint meetings of the Bank with all the

Consultants, Contractors / Sub-Contractors, and to prepare the minutes of the

discussion / instructions at such meetings with a view to co-ordinate the work

of the various Contractors / Sub-Contractors so as to avoid delays.

3. JOINT PROJECT COMMITTEE :

The Bank shall constitute a Joint Project Committee (hereinafter referred to as JPC)

for assessing and reviewing the progress of the said Project at the project site at least once

in a fort night, to issue instructions or directions from time to time to the Project Architects,

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his other Consultants and Contractors engaged in the execution of the said Project. At least

one of the Directors / Partners of the Project Architects and Project Architect’s Consultants

will have to participate in this Committee regularly.

The Committee shall have the meetings of BOI officials, Project Architects and the

concerned Contractors / Consultants at such regular intervals or as frequently as

may be necessary and the Project Architects shall have to record and circulate within

three days, the Minutes of discussions and decisions of the Bank for implementation /

information, as may be applicable to all concerned.

4. Besides, the day-to-day supervision, the programming of the works and

co-ordination of various activities, quality control, measuring and

recording the quantities of items of works, their correctness, ensuring

that the work is being executed as per tender specifications and

drawings, pointing out of any discrepancy therein forthwith to the Bank

and to issue necessary clarifications / instructions to the Contractors

after taking the Bank’s consent shall be the responsibility of the Project

Architects and it will also be the responsibility of the Project Architects

to vigorously follow-up with the Contractors to ensure quality work

within the time stipulated and as provided in the Agreement.

5. The Project Architects shall exercise all reasonable skill, care and diligence in the

discharge of duties and shall exercise total superintendence and supervision in

regard to the said works. In the event of their finding out / observing any lapses or

deviation, they shall immediately take necessary action against the Contractor as per

the provisions made in the accepted tender/s. The Project Architects’ responsibility

will continue even during the defect liability period to see that the defects, if any, are

removed by the Contractors and they shall give a ‘CERTIFICATE’ at the end of the

satisfactory completion of the defect liability period for refund of the balance retention

money to the Contractors.

6. BANK’S APPROVALS FOR DEVIATIONS / EXTRA WORK :

The Project Architects shall not make any deviation, alteration, omission from the

approved design / plans or specifications without the written consent of the Bank.

The Project Architects shall not also undertake, execute or carry out any variations or

extra items of works. All variations and extra items allowed within the discretion of the

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Project Architects as well as the amount authorized shall also be referred to the Bank

together with the reasons for making such deviation and by furnishing an analysis of

the extra cost involved thereby. All orders given by the Project Architects for any

authorized deviations from the contract documents shall be in writing. In case any

additions or variations are carried out by the Contractors under Project Architects’

instructions without the prior approval of the Bank, the Bank shall not be liable to pay

the Contractors for such additions and variations and Project Architects shall alone

be responsible for such additions and variations and Project Architects shall alone be

responsible for the expenditure. The Project Architects shall also not be entitled to

claim fees for such additional or deviated items of work unless specifically ratified by

the Bank.

7. SITE VISITS OF THE SENIOR ARCHITECTS / THE PROJECT ARCHITECTS’

ENGINEER IN-CHARGE :

During the progress of work, the Senior Architects / the Project Architects’ Engineer

in-charge of the said project shall visit the site at least two days in a month or as

more frequently as may be necessary to see the quality and progress of the work and

get fully satisfied that the works are being done at site as per the plans / designs and

specifications and the same are not suffering for want of any drawings / details /

clarifications from their end. Further, they shall remain in touch with the Site Engineer

and ascertain from them whether any excess over sanctioned cost is anticipated and

/ or has already occurred. The Project Architects shall immediately report the same to

the Bank with justification and obtain Bank’s written approval thereto. Also, as and

when required, the Project Architects shall prepare a revised cost and time estimate

with reasons for the Bank’s approval.

8. MONTHLY REPORTING TO THE BANK :

The Project Architects shall take stock of the happenings and progress including

balance competition period and total outlay in case of each Contractor’s work once a

month, to ensure that the same are within the approved limits. They should apprise

the Bank timely if there are going to be hindrances or time / cost overruns and the

reasons and the extent thereof.

9. In addition to their own experts in their office, the Project Architects

shall, within the fees mentioned in the clause below, engage qualified

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Consultant as below with the prior approval of the Bank to assist the

Architects.

(i) Structural Consultants/Engineers,

(ii) Electrical Consultants/Engineers,

(iii) Sanitary and Plumbing/Public Health Consultants/Engineers and

(iv) Consultants for special installations like lifts, generators and fire

fighting installations, landscaping, Horticulture, energy and water

conservation systems, interior works etc.

to assist them in their works and provide them with necessary

information to perform their specialized work efficiently. Consultants /

Engineers appointed shall be paid by the Architects out of the fees paid

to them – Project Architects shall also be responsible for all the work,

actions, omissions etc. of any of his assistants / Consultants /

Engineers.

10. CERTIFICATION OF PAYMENTS OT THE CONTRACTORS IN THE BANK’S

APPROVED FORMATS :

The Project Architect shall instruct the Contractors to submit their bills only after joint

measurements of the works by and thereafter issue certificates for Payments in the

Bank’s approved formats, directly to the Bank (with an extra copy for the concerned

Contractor) for an ad-hoc / interim payment after accounting for retention and all

other recoveries to be made from the Contractors in the Bank’s prescribed format,

within six working days from the date of receipt of the running bill from the

Contractors. The Project Architects, after detailed and thorough scrutiny of the

running bill, may recommend the balance payment – within 2 weeks of the date of

receipt of the running bills of the Contractors, the joint measurements of the executed

works, alongwith the authorised engineers of the Contractors shall be recorded from

time to time soon after execution as also arithmetic calculations etc. shall be done

soon thereafter and except for summary of quantities under various items of the

works, the measurement work shall be updated on weekly basis so that the

recommendations from Project Architects on each running bill can reach the Bank

within the stipulated period. The Project Architects shall satisfy themselves of the

following while certifying interim or final payments:-

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A) That works disputed / rejected by the Project Architects or by the Bank and

the works not sanctioned by the Bank are not included in the Certificates for

payments.

B) The quantities are not in excess of the tender quantities beyond 5% for each

item unless justified suitably to the satisfaction of the Project Architects and

approved by the Bank.

C) The rates allowed are not more than tendered rates in case of completed

tender items and reasonable part rates in case of partly done items.

D) Various recoveries / deductions from the bills are properly and timely affected.

E) Deductions for up to date actual payments effected by the Bank / tax

deductions made / other recoveries made upto the last running bill in case of

each Contractor by the Bank are ascertained from the Bank and are given

effect in the running bill in hand so as to minimize further corrections at the

Bank’s end.

F) Various insurance covers are obtained and kept valid till the completion of the

said Project by the Contractors before giving certificate for payment to the

Contractors.

11. In the case of payment of Final bills of various Contractors in respect of said works,

the Project Architects shall certify the payment or otherwise of the same, within TWO

months in case of contract of the value exceeding in all cases. No adhoc payment

shall be allowed / recommended / certified by the Project Architect final bills unless

specifically requested by the Contractor and approved by the Bank in advance. While

certifying the final bill for payment in each case, the Project Architects shall go

through the final bills, aspects of completion period, time extension, liquidated

damages, quality of work, defects, if any, to be rectified, retention / S.D., as-built

drawings, layouts and services, site cleaning water / electric connections, NOCs of

fire dept. occupation certificates etc. defects / irregularities, if any, pointed out by the

CTE /Vigilance before forwarding the same to the Bank. If necessary, they may ask

for clarifications from the Contractors on such aspects before certification of the bill.

12. Project Architects shall take all necessary precautions and perform all other duties

before and during the progress of the said project so as to reach satisfactory

completion of the said project within the time frame and determining all the claims of

the Contractors including those due to fault or delays caused by the Project

Architects or their staff, which will have to be made good by the Project Architects, as

their own responsibility as per the Indian Contract Act.

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13. In case the Bank requires the Project Architects to go out of Agra City for discharge

of any of their duties enumerated in this agreement such as approval of materials

samples, workmanship, etc. the Project Architects shall be entitled to travelling and

daily allowance permissible as under :-

Senior Directors / Partners and Senior Consultants: Actual travelling charges

and lodging plus boarding charges at par with the Asst. General Manager of

the Bank.

Other Engineers / Architects: Actual travelling expenses for 2AC rail fare +

lodging & boarding charges at par with the Senior Manager of the Bank.

14. Whenever the work is examined by some other authorized agency such as the

Auditors / Inspection Department or the Chief Technical Examiner of the Central

Vigilance Commission, the Project Architects shall have to co-operate with them to

examine the project works closely and if such agency brings to the notice of the Bank

any defective or substandard work or any irregularity / excessive payments, the

Project Architects shall get the defects rectified and / or recover the irregular

payments and report back to the Bank after compliance. The Project Architects shall

assist the Bank to send suitable replies to the Auditors, inspectors or the Chief

Technical Examiner’s queries etc. in the shortest possible time.

15. The Architects shall not, for whatsoever reason, object to appointment of the site

engineer by the Bank for monitoring of the said project at the site and assisting the

bank in scrutiny of the recommendations, reports plans, estimates etc received from

the Architects with a view to expediting the decisions in the matter at the Bank’s end.

It is necessary that the architect and site engineer work jointly as a team in good

sprit with a view to get the said project in time in best possible manner and efficiently.

Appointment of site engineer by the Bank and their presence at site and their

involvement in the work shall not absolve the Architects in any manner from their

responsibilities. The role of the site engineer will be as an agent of the Bank

employed for assisting the Bank for efficient execution of the project of site.

16. DISPUTES :

In case of any disputes with the Contractor(s) or disputes arising out of the said

project execution as well as in the matter of arbitration (either initiated by the

contractors or the Bank) pertaining to this project, the Project Architects shall assist

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the Bank from time to time by drafting suitable replies in consultation with the legal

advisers and other consultants and shall have to protect the interest of the Bank.

17. AS BUILT DRAWINGS :

After checking the as-built and shop drawings prepared by Contractors, the Project

Architects shall, on the completion of the work, supply to the Bank free of cost three

(3) complete sets @ 1 : 100 scale as “As-Built drawings” (one of which shall be in

tracing cloth), two complete sets of structural drawings and two sets of drawings

sufficiently showing the flow lines of water and drainage pipes, fire fighting

installations, electrical installations and other essential services and also an inventory

of all fittings and fixtures in the building. The Project Architects shall, if so required by

the Bank, supply further extra copies of all such drawing and a reasonable cost of

such extra copies shall be reimbursed by the Bank to the Project Architects.

18. ORIGINAL DOCUMENTS OF APPROVALS / SANCTIONS :

Project Architects shall forward all original tracings, original approvals / NOCs of

various authorities to the Bank as soon as those are received by the Project

Architects. All such originals shall remain with the Bank as the property of the Bank.

19. VALIDITY & TERMINATION OF CONTRACT :

This agreement shall be effective from the date of award the work to architect and

shall remain valid upto whole construction period (Up to defect liability period) unless

terminated by the competent authority.

a) The agreement herein may be terminated at any time by the Bank normally

by giving a written notice of one month to the Project Architect. However, in

case of exigency, Bank shall have the right to terminate this agreement with

immediate effect. Even after the termination of their assignment, the Project

Architects shall remain liable and shall be responsible for their prior works /

supervision of works and certification / approval of any bills submitted by the

Contractors at any time, in respect of the work executed before the

termination of the Project Architects’ appointment and consequences thereof

on account of any wrong or bad work, excess / wrong payment, if any,

recommended by the Project Architects for payments to the Contractors. The

Project Architects shall be entitled to terminate this agreement by written

notice of three months to Bank only in the event of failure of Bank to make

payment of any undisputed amount within 90 days of Demand.

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b) If the Project Architects shall close their business or the company stands

dissolved due to provisions, if any, in partnership agreement of the firm, or in

the event of death of one or more partners or become incapacitated from

acting as such Project Architects, then the Agreement shall stand terminated

at the discretion of the Bank.

c) i) If the Project Architects fail to adhere to the time schedule stipulated in the

schedule hereto annexed or the extended time which may be granted by

the Bank in his sole discretion, or

ii) In case there is any change in the constitution of the Company / firm of

the Architects for any reason whatsoever, the Bank is entitled to

terminate this agreement without giving notice and entrust the work to

some other Architects.

d) In case of termination under sub-clause a), b) or c) above, the Project

Architects shall not be entitled to fees or compensation except the fees

payable to them for the work actually done and accepted by the Bank within

the provisions in this agreement.

e) In case of the termination under sub-clause a), b) or c) above, the Bank may

make use of all or any of the original drawings, estimates or other documents

prepared by the Project Architects for the Bank.

20. TRANSFER OF INTERESTS :

i) The Architects shall not assign, sublet or transfer their interest in this

agreement without prior consent of the Bank.

ii) Whether Project Architects is partnership firm or a company, no change in the

Partners / constitution of Board of Directors of the Company shall be made

without the prior approval of the Bank.

21. PAYMENT OF FEES :

a) The Bank shall pay to the Project Architects as fees for the services to be

rendered by the Project Architects in relation to the said Project and in

particular for the services herein before mentioned, as calculated at the rate

of --------% (-------------------percent) of the cost of the project subject to upper

limit of Rs. ---------------lac. Plus service tax (as applicable)

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b) The Project Architects shall be paid fees referred to above in the manner laid

down in the following clause in respect of the preparation of plans, drawing up

of estimates, specifications, pre-qualifications of Contractors, calling of

tenders etc. up to the stage the work is done by them on the value of works

estimated by them initially or on the basis of approved tender for civil works

and services. However, the Bank shall be entitled to adjustments

subsequently on the basis of actual cost of executed works so that the total

fee payable to the Project Architects does not exceed the aggregate of the

percentages referred to in sub-clause (a) above on the value of the actual

executed works including variations due to increase or decrease in the scope

of the work authorized by the Bank. The Bank shall have the liberty to omit,

postpone or not to execute any work and the Architects shall not be entitled to

any compensation or damages for such omission, postponement or non-

execution of the work, except the fees which have become payable to them

for the services actually rendered by them.

22. MODE OF PAYMENT OF FEES TO ARCHITECT : Stages

I On submitting schematic drawings/designs

along with the preliminary estimated cost on

item rates basis and on approval of the

same by the Bank.

5% of the estimated fee based on agreed

estimated cost of related work subject to

ceiling of Rs.-------------

II On preparation and submission of building

and connected services, plans to statutory

bodies (ADA etc.) and scrutiny of the

applications for empanelment of the

Contractors and approval by the Employer.

Upto total 10% of the estimated fee based

on agreed estimated cost of related work

less payment made earlier and subject to

a ceiling of Rs.------------ for services

against (I) & (II).

III On approval of the building plans and

connected drawings from statutory

authorities and obtaining commencement

certificate for commencement of work at site.

Upto 20% of the estimated fees on agreed

estimated cost of related works subject to

a maximum of Rs ------------

IV To prepare detailed working drawings RCC

details and specifications of the various

items, item wise estimates of costs with rate

analyses of rates for the approval of the

Bank, preparation of tenders for various

Trades, preparation of structural and

Upto 30 % of the fees on agreed estimated

cost of related works subject to a

maximum of Rs. ---------------.

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various specialist’s services / design in form

of drawings and approval by AGRA DEV.

AUTHORITY and other authorities

concerned and forwarding the same to the

Bank.

V Inviting tenders in consultation with the

Employer, scrutiny and submission of

recommendations on the tenders received,

preparation of contract documents for

various trades.

Upto 35% of fees on estimated cost of

related works subject to a ceiling of Rs. -

-----------------------------

VI During the course of construction work

based on actual work / bills of the various

trade contractors including certification of

works and contractors bills.

Upto 65% of fees based on actual amount

of work done and certified for payment

subject to a maximum of Rs.-------------------

--

VII On completion of work and on obtaining

Occupation Certificate and other N.O.C.s /

Certificates required for water and Electric

connection and physical occupation of the

building and settlement of the bills of all the

contractors and the settlement of final bills of

the Architects fees to the satisfaction of the

Bank.

75% of the fees based on the value of

work subject to a maximum of Rs. -----------

------------------

VIII a) Submission of “As-built drawings” for

up to Stage VII above,

b) Up to award of interior work to

interior contractor including following

activity such as prequalification of

interior contractor, preparation of

plans, estimate, drawings, tender

documents etc. similarly as done for

civil works as above

80% of the fees based on the value of

work subject to a maximum of Rs. -----------

------------------

IX During the course of interior work based on

actual work / bills of the various trade interior

contractors including certification of works

and interior contractors bills.

Upto 95% of fees based on actual amount

of work done and certified for payment

subject to a maximum of Rs.-------------------

--

X issue of Certificate for refund of retention Full and final settlement subject to ceiling

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money / S.D.s of all Contractors (CIVIL+

INTERIOR) by the Architects on expiry of

defect liability period of 12 months and

replying all queries of CTE of CVC, if any,

raised before expiry of the D.L. period of all

contractors appointed on the said work by

the Bank, to the satisfaction of the CTE /

Auditors / Inspectors.

of Rs. ---------------------------------

Note :

(a) All the above payments of fees at various stages shall be subject to adjustment of

recovery, if any.

(b) In case this agreement is terminated in pursuance of Clauses above, the fees shall

be paid to the Project Architects for the actual services rendered and accepted by the

Bank and as per the stages referred to in this clause and subject to the other

provisions about recoveries etc. as provided for elsewhere in this agreement.

(c) All persons engaged by the Project Architect for carrying out their duties in respect of

the said Project would be deemed to be Project Architect’s employees for all

purposes and they shall make regular and full payment of wages etc. to their

employees for all purposes. No liability/responsibility whatsoever on account of

persons engaged by the Project Architect is attributable to the Bank.

(d) The Project Architects should be fully and exclusively liable for the payment of

wages, P.F, Leave etc for the personnel deployed for the said project and shall

comply with the provisions of the related Statutory Acts, Rules and Regulations as

applicable to the performance of the work by them. The Bank shall not have any

liability towards noncompliance of any of the laws by the Project Architect which may

be applicable in this regard. The personnel of Project Architect under no

circumstances will be treated as employees of the Bank and they will be employees

of the Project Architect and the Bank shall have no liability whatsoever concerning

the persons employed by the project Architect for the said Project.

23. DELAYS, RESPONSIBILITY & RECOVERIES FROM FEES :

If the construction work after appointment of the Contractors gets delayed and the

appointed Contractors disagree to bear liquidated damages levied for the same as

per the provisions in the agreements between the Bank and the Contractors, on

admissible grounds that such delay was solely due to non-receipt of detailed

architectural / structural drawings and / or any further clarifications from the Project

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Architects, the Project Architects shall be liable to make good the losses suffered by

the Bank because of the lapse on the part of the Project Architects. Similarly, if the

works done as per the Project Architects’ earlier architectural / structural drawings

are required to be altered / demolished because of mistake of the Project Architects /

their consultants, the Project Architects shall be liable to bear the in fructuous cost of

the work required to be so altered / removed (including removal / alteration cost). In

the event the Project Architects fail to discharge their duties diligently and delays are

caused due to their negligence or if they do no co-operate and the work is not

completed within the agreed time frame, they shall be liable to make good the

damages suffered by the Bank without prejudice to the Bank’s other rights to

terminate the agreement and pay such fees, which at discretion of the Bank, are

required to paid at the time of termination, if any, after adjusting the cost of damages.

24. The Project Architects shall closely follow-up and keep the account of the progress

made and arrange to solve drawing and design bottlenecks, if any, and clarify the

doubts / details, if any, required by the Contractors at site. If necessary, they can

write to the Bank about time lag in the works and suggest improvements / course of

action for Bank’s consideration.

25. ARBITRATION :

i) If any dispute, difference or disagreement shall at any time arise between the

Architects and the Bank as to the interpretation of this agreement or

concerning anything herein contained or arising out of this agreement or as

to the rights, liabilities and duties of the said parties hereunder, or as to the

execution of the said Project, except in respect of the matters for which it is

provided herein that the decision of the Bank shall be final and binding as

Project Architect, the same shall be referred to the Zonal Manager Amritsar

Zone of the Bank for settlement. In case the dispute / disagreement

continues, the matter shall be referred to the Arbitration and final decision of

the sole Arbitrator to be appointed by the both the parties after adopting and

following procedure as laid down in the Arbitration and Conciliation Act 1996.

ii) The work under the contract shall, however, has to continue during the

Arbitration proceedings or otherwise. No payment due or payable to the

Project Architects shall be withheld on account of such proceedings except

the disputed payment of fees on account of other provisions in this

agreement.

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iii) The Arbitrators shall be deemed to have entered on the reference on the date

he issues notice to both the parties fixing the date of the first hearing.

iv) The Arbitrator may from time to time, with the consent of the parties, enlarge

the time for making and publishing the award.

v) The Arbitrator shall give separate speaking (reasoned) awards separately in

respect of each issue / dispute or difference referred to him.

vi) Dispute in accordance with the terms of the contract and give a reasoned

award. The venue of Arbitration shall be at such place as may be fixed by the

Arbitrator anywhere within the Greater Bombay Municipal Limit.

vii) The fees, if any, of the Arbitrator shall, if required to be paid before the award

is made and published, be paid half and half by each of the parties.

viii) Subject to aforesaid, the provisions of the Arbitration & Conciliation Act 1996

or any statutory modification or reenactment thereof and the rules made there

under and for the time being to force, shall apply to the arbitration

proceedings under this clause.

This agreement executed on the day and year first written above.

In witness of this agreement, the parties hereto have subscribed their respective

hands hereto and on a duplicate hereof on the day and the year hereinabove first

mentioned.

Signed and delivered by within named M/s. ………………………. architects by the

hand of its Director for and on behalf of the Architects by their duly constituted

Attorney in the presence of

(……………………) Architect M/s……………………………., Address

1. Mr……………….

2. Mr. …………………..

Signed and delivered for and on behalf of

BANK OF INDIA by

in the presence of

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1.

2.