TENDER DOCUMENT FOR APPOINTMENT OF DETAILED DESIGN CONSULTANTS (DDC) FOR

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1 TENDER DOCUMENT FOR APPOINTMENT OF DETAILED DESIGN CONSULTANTS (DDC) FOR Consultancy services for Comprehensive Architectural, Structural, Electrical and other services for planning and construction of Govt. Engineering College at Karwar in Karnataka for Visvesvarayya Technological University LIMITED TENDER NOTICE NO. RITES/RPO(SOUTH)/BLR/LT/04/2012 Dated TECHNICAL BID & FINANCIAL BID Tender Document issued to : Name of the Tenderer : Address Signature of Office issuing the Document with Designation and Date of issue. (A Govt. of India Enterprise) Regional Project Office(South), 208 & 209, Swapnalok Complex, S D Road Secunderabad Phone Fax Site Office 3A, Bharat Apartments, 44/1, Fairfield Layout, Race Course Road, Bangalore Phone: / Fax: bangalorepo@rites.com

2 To, LIMITED TENDER NOTICE NO.RITES/RPO(SOUTH)/BLR/LT/04/2012 Dated GGM(P),, RPO(South) on behalf of the Visvesvarayya Technology University, Belguam invites sealed Limited Tenders for the following work from the Detailed Design Consultancy Firms those rendering services to RITES, RPO(South) and VTU. SN Description DDC s Approx. Estd. fee 1 Detailed Design Consultancy services for construction of Govt. Engineering College at Karwar for VTU. The approximate estimated cost for construction of Govt. Engineering College at Karwar is ` Lakhs. Earnest Money (`) Contract Period `30.00 Lakhs `30,000/- 24 months Last date and time for submission of Tender and Opening hrs. on & hrs. on respectively 1. Amendments / Corrigendum, if any would be hosted on the website ( only. 2. Complete Tender document shall be submitted at, Site Office, 3A Bharat Apartment, # 44/1 Fair Field Layout, Race Course Road, Bangalore , Phone: / Fax: If the date of receipt or opening of tender happens to be declared as a holiday, the same shall be opened on the next working day at the same time and venue. Group General Manager RPO/South, 1

3 NOTICE INVITING TENDER (Appointment of Detailed Design Consultants- DDC) Limited Tenders are invited by GGM/RPO/South for the under mentioned works from the working Detailed Design Consultant. Sealed Bids in single packet system are invited by Group General Manager (P),, from Detailed Design Consultants (DDC) for providing Comprehensive Architectural Services as mentioned in clause-3 of tender document, for construction of Govt. Engineering College at Karwar at an approximate estimated cost of `25.00 Crores. SN Name of work Approx. Estd fee Earnest Money Completion period 1 Detailed Design Consultancy services for construction of Govt. Engineering College at Karwar for VTU ` Lakhs ` 30,000/- 24 months 2. EMD should be in the form of Demand Draft / Bankers cheque / pay order on any Scheduled Bank in favour of RITES Ltd payable at Bangalore/Secunderabad. 3. Bids duly completed in all respects along with the requisite amount of Earnest Money in the form of Demand Draft/ Pay Order/ Bankers cheque shall be received upto hrs on at, 3 A, Bharat Apartments, 44/1, Fair Field Layout, Race Course Road, Bangalore Bids will be opened at hrs on in the presence of the Firms or their authorized representatives at, 3 A Bharat Apartments, 44/1, Fair Field Layout, Race Course Road, Bangalore Bids shall remain valid and open for a period of 90 days from the date of opening of bid. In exceptional circumstances, prior to the expiry of the original time limit for Bid validity, RITES may request the Bidder to extend the period of validity for a specified additional period. The request and the Bidder s response shall be made in writing. A Bidder may refuse the request without forfeiting his EMD. 6. No Condition / Deviation which is either additional or in modification of the Bid conditions shall be included in the Bid submitted by the firm. If the Bid contains any such condition or deviation from the Bid conditions, it will be rejected. Conditional offers will be summarily rejected. 7. In case of any discrepancies, the provisions of this Bid Notice shall take precedence over all other bidding documents. 8. The bid documents are not transferable. The bidders are required to put the bid in Bid box personally or through their authorized representative. However, bid in sealed condition shall also be received by post/courier, provided that the bid is delivered before the stipulated Date and Time in 3 A, Bharat Apartments, 44/1, Fairfield Layout, Race Course Road, Bangalore shall not be 2

4 held responsible for the delay, if any, on account of late delivery or non receipt of the same. 9. The sealed envelopes shall be super scribed by the Tender Number and name of work. 10. RITES Ltd does not bind itself to accept lowest or any other bid and reserves the right to reject lowest or any other bid or all the bids and accept any bid either in the whole or in part without assigning any reason whatever. Also reserve the right to cancel the Tender Process and reject all tenders, at any time prior to the award of Contract, without thereby incurring any liability to the affected tenderers or any obligations to inform the affected tenderers of the grounds for the Employer s action. 11. In case the date of opening of the bids as mentioned above is declared to be closed holiday, the bids shall be received and opened on the next working day at the same time & venue. 12. All tenders in which any of the prescribed conditions is not fulfilled or any required documents are not enclosed, the bids shall be summarily rejected. Group General Manager (P) RPO South, For and on behalf of VTU, Belguam 3

5 TENDER DOCUMENT Appointment of reputed Detailed Design Consultants (DDC) for providing Comprehensive Architectural Services, for construction of Govt. Engineering College at Karwar in Karnataka for VTU, Belguam. Introduction The DDC shall be required to consider the existing site conditions and the client s requirements while designing the buildings and services. The project requirements shall be framed up based on the AICTE/UGC norms and other applicable standards etc. will form the part of the proposed structure. 1.0 Definitions 1.1 Employer Employer shall mean the and shall be represented by GGM (P) or his/her representative. 1.2 Detailed Design Consultant or DDC Detailed Design Consultant or DDC shall mean the Architectural firm/company appointed in connection with the work to discharge its duty as per the scope of services. It shall be represented by their executors, administrators, successors and permitted assigns. 1.3 Engineer-in-Charge The engineer-in-charge for this project shall be Group General Manager (P),, Secunderabad or his representative. 1.4 Local/Statutory Bodies: Local Development Authority By-Laws, Town and Country Planning Department, Department of Fire service, Department of forests, Pollution Control Board Clearance, Environmental Assessment Authority State Level Clearance etc. shall come under the domain of local/statutory bodies, which are related with approval and sanction of master/development plans, building plans, occupancy sanction etc. 2.0 Instructions to Bidders 2.1 Technical Bid (A) Declaration of the Bidder as per Proforma 1. Even though the Bidders may meet the above qualifying criteria, they are subject to be disqualified if they have a) Made misleading or false representation in the forms, statements and attachments in proof of the qualification requirements. In such a case, the Bidder is liable to be declared ineligible for a period upto 3 years, to submit Bid for any contract in RITES. 4

6 b) Records of poor performance such as abandoning the work, not properly completing the contract, inordinate delays in completion, litigation history or financial failures etc. c) Their business banned by any Central/State Government Department/ Public Undertakings or Enterprises of Central/State Government. d) Not submitted all the supporting relevant documents or not furnished the relevant details as per the prescribed format. e) A declaration to the above effect in the form of affidavit on stamp paper of Rs.200/- duly attested by Notary/Magistrate should be submitted as per format given in Proforma 1 enclosed SUBMISSION OF TENDER Single Packet System : Each page of the tender document should bear the initials of the Applicant along with date in token of confirmation of having understood the Contents, should submit the Declaration of the Bidder as per Proforma 1 on Rs. 200/- Stamp Paper and should quote the rate in the format of the financial Bid i.e. Annexure I. The completed document along with the EMD must be submitted in sealed envelop in person or by registered post, super scribing the envelope as below: Name of the Works:- Detailed Design Consultancy services (DDC) for construction of Govt. Engineering College at Karwar in Karnataka for VTU at estimated fee will be ` Lakhs Tender Notice No.: LIMITED TENDER NOTICE NO. RITES / RPO (SOUTH) / BLR / LT / 04/2012 Dated Financial Bid The financial Bid shall include all the expenses for completing the assignment as per Scope of Service under Clause DDC shall quote the rate in the format of the financial Bid i.e. Annexure I The DDC has to quote his rate in percentage above, below or at par with the estimated cost of the work in figures and words. In case of discrepancy between the quoted rate in figure and words, the rate quoted in words shall be taken into account The fee quoted by the DDC shall be exclusive of service tax but inclusive of all other taxes (statutory or else). DDC shall raise invoice for each bill showing separately the Bill amount and Service Tax thereon. Service Tax shall be reimbursed on furnishing the proof of payment. 5

7 2.3 Forfeiture of Earnest Money Deposit (EMD): a) if after bid opening during the period of bid validity or issue of Letter of Acceptance, whichever is earlier, any tenderer i) withdraws his tender or ii) makes any modification in the terms and conditions of the tender which are not acceptable to the Employer. b) in case any statement/information/document furnished by the tenderer is found to be incorrect or false. c) Submission of fake documents / suppression of blacklisting. d) in the case of a successful tenderer, if the tenderer i) Fails to furnish Performance Guarantee within the stipulated period specified in Clause 14.1Tender Document. ii) Fails to commence the work within 15 days after the date of issue of Letter of Acceptance. In case of forfeiture of EMD as prescribed here in above, the tenderer shall not be allowed to participate in the re-tendering process of the work. 2.4 The last date of submission of Bid is upto hours on at 3 A, Bharat Apartments, 44/1, Fair Field Layout, Race Course Road, Bangalore If the last date of submission happens to be a holiday, the Bids shall be submitted on the next working day at same time and venue. 2.5 The EMD of the unsuccessful Bidders shall be refunded within 30 days from the date of award of work to successful Bidder. 2.6 Qualification of Bidders : If the Earnest Money furnished is not for the stipulated amount or is not in an acceptable form the remaining tender document will be returned to the tenderer concerned at the time of opening of the Tender itself. The tenderers who have furnished Earnest Money in acceptable form, then the employer will announce the tenderer s name, the presence of Earnest Money, the Authority to Sign the Tender, amount quoted and such other details as the Employer may consider appropriate. If Bidder fails to submit the Declaration of Bidder as per Proforma 1 on Stamp Paper then his tender will be disqualified and will not be considered for financial evaluation. 3.0 Scope of Services The Broad scope of services to be performed by the Architectural firm / company is detailed below: Activity No. Activity of Services 1. (a) Detailed Engineering viz. engineering survey, Geo-technical Investigation, design of structures (including proof check), preparation of drawings, 6

8 Activity No. Activity of Services estimation, technical specifications, bill of quantities, rate analysis and LBD calculations, additional specifications etc. for civil, electrical, sewerage and water supply. The estimates need to be prepared as per the KPWD procedures and latest KPWD SR with one set of soft copy on compact disk. (b) Preparation of 3D views for individual buildings and entire site (c) Proof checking of structural design & drawings 2. Preparation of Good for Construction Drawing of each type as applicable (i.e., structural, architectural, conceptual etc.) of all type of works including civil, electrical, sewerage and water supply. DDC shall release six sets of drawings free of cost with one reproducible copy and soft copy on compact disc. 3. Site visit as and when required for the clarifications, discussions etc. in connection with the design and drawing and during the execution of the project as and when requested by client/owner irrespective of the number of office/site visits. 3.1 Incidental Services The broad scope of services is classified in terms of activities at clause No The entire incidental services related with the activities shall be deemed included in the scope of services. No extra payment shall be made for the incidental services Revision of drawing and designs shall be made by the DDC as and when required by the client/owner/any statutory body. No payment shall be made for any revised drawing prepared by the DDC during the entire period. 3.2 Deliverables by the DDC All the approved drawings from local / statutory authorities shall be the property of the client / owner The DDC shall be required to submit 06 (six) copies of the approved conceptual plan along with scheme details to the client for reference and record During execution phase, the DDC shall supply 6 (six) sets of all good for construction drawings (structural, architectural, services etc.) of all the structures i.e., buildings and services structures like drainage, sewerage, water supply, roads, horticulture, external electrification, rainwater harvesting etc. to the client as per schedule The co-ordination drawing may also be required during execution of the work to ensure integrated construction of all the components. It is the responsibility of the DDC to prepare the additional drawings required for the proper execution of the work, which may be visualized during construction work The client may review the work carried out by the DDC at architectural planning, detailed engineering or at any pre-constructional stage to get satisfied with the standards and procedures adopted by the DDC. It shall be the responsibility of the DDC to make available the concerned documents to the client on demand. 7

9 4.0 Time for completion 4.1 The time followed for completion of the scope of work will be 24 months from the date of issue of Letter of Acceptance or completion of the building which ever is later. 4.2 Time schedule The activities at Clause No.-3 are to be performed as per the following schedule: Activity Activity of Services Duration No. 1. (i) Engineering survey 15 days from the (ii) Geo-technical investigation of land earmarked date of Letter of for various buildings (iii) Preparation and submission of Conceptual award (LOA) to the DDC designs of the buildings as per the codal norms prepared in consultation with client/owner and submission for approval to Client / Owner 2. (i) Preparation and submission of Detailed 15 days from the Estimate along with LxBxD for quantities for civil, date of issue of electrical and PHE approval for concept (ii) Preparation and submission of estimate with supporting quotations and rate analysis for nonschedule items. (iii) preparation and submission of tender drawings, technical specifications of non schedule items, bill of quantities, additional specifications etc., for civil, electrical, sewerage and water supply etc 3. Proof checking of structural designs and drawings 30 days from the date of approval of detailed estimate 4. Preparation and submission of Good for Construction Drawing of each type as applicable (i.e. structural, architectural etc) of all type of works including civil, electrical, drainage, sewerage, water supply, rain water harvesting, internal roads, horticulture etc. site visit as and when required 5. Preparation of 3D views of individual buildings and entire site for the proposed phase. 6. The clarifications, discussions, review etc. in connection with the design and drawing during the execution of the project. 30 days from the date of approval of detailed estimate 15 day from the date of issue of Good for Construction drawing During the construction phase 4.3 More than one activity shall be started concurrently as per the schedule of activities at 4.2 so that the whole pre-constructional activities are performed within 1 month. 8

10 5.0 Conditions of Contract (CC) 5.1 Standards of services The DDC shall be responsible for the correctness and technical merits of its design, calculations, drawings and all other documentation prepared by it in carrying out the services. The DDC shall ensure that qualified and experienced staff are employed in sufficient number and that accurate, consistent, clear and easily read drawings and documents are produced in time. The DDC should be conversant and comply with the provisions and procedures covering standards and codes, while preparing drawings, estimate and calculations under this contract for various usages Standards and codes The standards and codes referred to in the design criteria, drawings, outline specifications and documents as per the prevailing standards for all structural items as applicable and wherever appropriate, shall be quoted on drawings and other documents by it. 6.0 Extent of Information The designs and documentation produced by the DDC shall provide sufficient information and details to determine accurately the extent of the works during the execution. Tender and contract Drawings, Specifications and other information produced by the DDC for construction, revisions of such documents, shall be submitted to RITES, in sufficient time for review and further issuance of comprehensive package to the contractor. The DDC shall ensure that these documents are produced in a timely manner such that the Executing agency is able to plan and execute its works in accordance with the contract. 7.0 Calculations Calculations shall be prepared according to the best professional standards and compiled into sets that relate to particular aspects of design. 8.0 Errors in estimate The detailed estimate should be accurate as per the drawings. In case of any error or major discrepancy by way of improper grouping of work items from the tender drawings, noticed during the course of execution of work for which the contractor prefers any claim, then the claim amount shall be recovered from the DDC subject to the maximum of total fee payable to the DDC. 9

11 9.0 Proof checking of Structural design The purpose of checking shall be to ensure accuracy and consistency, stability and soundness of the structure as well as compliance with current requirements, standards, codes and other requirements of this project. Certification of such a check has been carried out shall be obtained from proof checking agency and issued to at the time of submissions. DDC should select proof checking agency from IITs, NITs, IISc-Bangalore or any other reputed Engineering Colleges/ Technical institutions, who are competent to take up such proof checking. The expenditure for Proof checking shall be borne by DDC. It is DDC s responsibility to take approval from proof checking agency to certify the design and final execution drawings for onward issuance for execution. DDC shall extend full co-operation and assistance in proof checking the detailed design and other design data developed by him Responsibility Notwithstanding acceptance by the, the DDC shall remain responsible for the quality of the deliverables Certification A certificate shall be signed and issued to by Head of the DDC stating that all drawings and documents have been checked and approved in accordance with all standards of codes and norms Durability and Maintenance The design shall ensure, by means of the appropriate choice of structural forms, details and materials, that the structure shall remain in serviceability condition over its life, with due regard to its location and the environmental and climatic conditions prevailing. Materials and details having a proven record of durability in similar conditions shall be used Performance Notwithstanding any review of its organization structure, staff or manning schedule, the DDC shall remain wholly responsible for providing the services. If, in the opinion of the RITES Officers, the progress of the performance of the DDC s work is seen at any time to be inadequate to meet those requirements, the DDC shall take necessary steps to improve them on being them so noticed. If within a reasonable period the DDC has not improved its progress or performance, the officer of RITES may, by written notice, require it to take additional measures, including changes in its organization, at no additional cost to Such notice shall in no way be deemed to constitute a waiver of RITES Ltd s rights to terminate the agreement by reason of the DDC s breach 10

12 of contract. Failure by, to issue such a notice shall not relieve the DDC of its obligation to achieve the required rate of progress and quality of work Performance Guarantee Successful bidder is required to submit 5% of the bid amount as performance guarantee within 45 days of issue of Letter of Award. The performance guarantee shall be in the form of Demand Draft /FD Receipts or Guarantee Bond / BG as per the Proforma at Annexure IV of any Schedule Bank (other than Bank of India). This will be released after completion of the building Security deposit The security deposit will be 5% of total DDC s fee, which will be 5% from each payment to be made to DDC until the total deductions amounts to 5% of the fee and it will be released after submission of six sets as built drawings along with soft copy duly certified by Engineer-in-charge. The EMD submitted along with the tender will be appropriated towards security deposit Liquidated Damage 15.1 DDC shall be liable to complete the work within stipulated time period as mentioned in Clause Time is the essence of contract. In case of delay or default on part of DDC a penalty as deemed fit based on the circumstances of the case can be imposed on the DDC by the Engineer-in-charge of RITES Mode of Payment Activity No. Scope of work / Deliverables 1 (i) Engineering survey (ii)geo-technical investigation of land earmarked for various buildings (iii) Preparation & submission of Conceptual design of the buildings as per the codal norms prepared in consultation with client/owner and submission for approval to Client / Owner. 2 (i) Preparation and submission of Detailed Estimate along with LxBxD for quantities for civil, electrical & PHE SR items. (ii) Preparation and submission of estimate with supporting quotations and rate analysis for non-schedule items. (iii) preparation and submission of tender drawings, technical specifications of non schedule items, bill of quantities, additional Percentage of fee payable from the final accepted amount 25% (Twenty five percent) 35% (Thirty five percent) 11

13 Activity No. Scope of work / Deliverables specifications etc., for civil, electrical, sewerage and water supply 4 (i) Proof checking of structural designs and drawings 5 Preparation and submission of Good for Construction Drawing of each type as applicable (i.e. structural, architectural etc) of all type of works including civil, electrical, sewerage and water supply. 5 Preparation of 3D views of individual buildings and entire site for the proposed phase. 6 (i) Submission of Final Set of drawings after duly incorporating the modifications if any and along with statutory approval of drawings (wherever applicable) (ii) Preparation of 3D views of individual buildings and entire site for the proposed phase. Percentage of fee payable from the final accepted amount 10% (Ten percent) 20% (Twenty percent) 5% (Five percent) 10% (Ten percent) 16.1 The final accepted amount of architect s fee will be worked out in accordance with subclause below by considering (a) the Approximate Estimated Cost, or (b) the Sanctioned cost, or (c) the Awarded Cost or (d) the Completion Cost and Ordered Variations as defined sub-clause , as applicable (i) Approximate cost : The estimated cost of work indicated in this document. (ii) Sanctioned Cost : The cost worked out by the architect after preparation of preliminary drawings (Preliminary Estimate) or detailed drawings (Detailed Estimate) and approved by the Owner / RITES. (iii) Awarded cost : The aggregate amount of awarded cost of all project packages to Contractors. (iv) Completion Cost : The aggregate amount of completion cost of all project packages as per original scope of work (i.e. as per tender drawing & specifications) exclusive of the amount of escalation payable to contractors and also exclusive of extra and substituted items not included in construction contracts but which are essential for completion of work and making the construction operational. (v) Ordered Variations : The aggregate amount of additional works, extra and substituted items executed at the behest of the Owner / RITES involving architect s input Initially the architect s fee will be worked on the basis of Approximate Cost. When the Sanctioned Cost is known, architect s fee will be payable on the basis of sanctioned cost. Further, when the Awarded Cost is known the architect s fee will be worked out again by applying the accepted percentage fee to the lower of the Sanctioned Cost and the Awarded Cost and later, on finalization of Completion Cost, to the least of the Sanctioned Cost, Awarded cost and the Completion Cost. 12

14 Architect s fees on account of Ordered Variations vide Clause (v) will be paid at the following rates: SN Cost of Ordered Variations as a % of Completion Cost Maximum Rate payable (% of accepted fee) 1 Upto 20% 100% 2 More than 20% & upto 50% 85% 3 More than 50% & upto 100% 75% 4 More than 100`% 60% In case the scope of work is reduced by the Owner / RITES due to any reason including foreclosure / rescinding of this contract, architect s fee will be worked out in accordance with sub- clause above and paid upto the stage the architects has provided his services The statutory deduction i.e., income tax or other applicable taxes shall be deducted from the DDC s bill as per extant rules Obligation of DDC 17.1 It is responsibility of the DDC to plan and design the building complex based on standard engineering practice DDC shall carry all modifications as desired by client / Owner DDC shall provide detailed computations and back up of structural design sheets to client / owner DDC shall provide all drawings & designs on auto CAD, STADD Pro or any relevant computer program. Copy of final design/drawings shall be made available to client/owner in soft copy also All structural designs shall be got proof checked by the DDC. Nothing extra shall be paid on this account. The structural drawings and the calculation sheets shall be signed and verified by the proof-checking agency General 18.1 Adequacy of Design The Services to be rendered by DDC shall be based on latest National Building Code / AICTE / UGC norms amended up to date, relevant applicable codes and sound engineering practices. Major decision and specification shall be reviewed by RITES to the extent desired. Approval of any design / drawing by RITES / Client shall however not relieve the DDC in discharging their responsibilities regarding the adequacy of design and proper functioning of the works. The DDC shall be fully responsible for the adequacy, accuracy and quality of entire services performed by them in accordance with 13

15 accepted standards of safety, earthquake requirements, environment protection, rainwater harvesting and public health Addition and Alterations The client shall have the right to request in writing changes, additions, modifications or deletions in the design and drawing of any part of the work and to request in writing additional work in connection therewith and the DDC shall comply with such request. The decision of client shall be final on whether the deviations and additions are substantial as requiring any compensation to be paid to the DDC. The additional fee payable for the additional work corresponding to the relevant activity of the work shall be dealt as per Clause However for the minor modification or alteration which does not affect the entire planning and design etc., no amount will be payable Foreclosure of contract RITES reserve the right for foreclosure of contract without assigning any reason whatsoever. The payments in the event of foreclosure of contract shall be restricted to the amount defined for each activity independently and in the event of such termination the DDC shall be entitled to all such fee for the services rendered and liable to refund the excess payment if any made to him over and above what is due in terms of this agreement on the date of termination and the employer may make full use of all or any of the drawings prepared by the DDC Dispute / Arbitration Any dispute arising during the Contract period or any issue pertaining to the entire scope of work of the project shall be resolved in an amicable manner and the decision of GGM(P)/GM(P), RPO(South) shall be final. If decision of GGM(P)/GM(P), RPO(South) is not agreeable to DDC then the courts in the City of Bangalore alone should have jurisdiction to entertain any application or the proceedings in respect of anything arising under this Agreement and any decision or decisions made by GGM(P)/GM(P), RPO(South) hereunder shall be filed in the concerned courts in the aforesaid city only Rescinding of contract In the event of failure on the part of the DDC to complete work in time or to the complete satisfaction of the Client or in the event of committing breach of any one or more of terms and conditions of the agreement, client shall be entitled to rescind this contract without prejudice to right to claim damages or remedies under the law. The period of notice to be given to rescind contract will be 30 days. In the event of such termination, the DDC shall be liable to refund the excess payment if any made to him over and above that is due to him on the date of termination. The client will be entitled to make full use of all or any of the drawings / documents prepared by DDC. In such case shall have power to engage another DDC to carry out the balance work on the basis of the drawings already prepared, debiting the excess amount if any so paid to the second DDC subject to a maximum of 5% of the total fee which would have been deducted as security deposit. DDC shall pay to Client all such excess expenditure within 30 days of 14

16 issue of notice failing which DDC shall be debarred from consultancy jobs of Client in future besides taking other course of action under law to recover such amount. Non submission / submission of Deficient Documents Tenderer / bidder shall ensure submission of all documents required / requested for in the bid document. Client shall not revert back for seeking deficient documents and shall not be responsible for the same. The financial bids of DDC whose technical bids are found to contain deficient documents may not be entertained. Copyright / proprietary right The DDC hereby agrees that the fee to be paid as provided in this agreement will be in full and final for functions to be performed by him and no claim whatsoever shall be made against Client in respect of any part relating to the plans, drawings and other documents submitted by DDC. The drawings, design, plan, related details prepared and acquired by the DDC for the work entrusted to him under this agreement will become the property of Client. The drawings, design, plan, related details can not be issued to any other person, firm or authority or used by the DDC for any other project without prior permission of Client However the drawings and design can be utilized by Client for other works and DDC shall not have any objection whatsoever Contract Agreement The tenderer whose tender has been accepted will be notified of the award by the employer by issue of a `Letter of Acceptance prior to expiration of the Bid Validity period, in the form at Annexure II The Letter of Acceptance will be sent to the Contractor in two copies one of which he should return promptly, duly signed and stamped. The Letter of Acceptance will be a binding Contract between the Employer and the Contractor till the formal Contract Agreement is executed The tenderer whose Tender is accepted shall be required to submit stamp papers of Rs. 200/- as per the provisions of Indian Stamp Act to entering into the agreement within 15 days of the date of issue of Letter of Acceptance. At the same time the Employer notifies the successful tenderer that his tender has been accepted, the Employer will direct him to attend the Employer s office within 15 days of issue of Letter of Acceptance for signing the Agreement in the proforma at Annexure III Site Meeting / Visits Regular site visits and site meetings shall be held during execution of the work with the DDC to sort out any problems or to provide any missing information in connection with the work. The meeting may be convened by the client as per the requirement. There will be no limit on the number of meetings/site visits and nothing extra shall be payable on this account. 15

17 Proforma 1 DECLARATION BY THE BIDDER (Affidavit on Non-Judicial Stamp Paper of `200/- duly attested by Notary / Magistrate) This is to certify that We, M/s., in submission of this offer confirm that:- i) We have not made any misleading or false representation in the forms, statements and attachments in proof of the qualification requirements; ii) iii) iv) We do not have records of poor performance such as abandoning the work, not properly completing the contract, inordinate delays in completion, litigation history or financial failures etc. No Central / State Government Department/ Public Sector Undertaking or Enterprise of Central / State Government has banned/suspended business dealings with us as on date. We have submitted all the supporting documents and furnished the relevant details as per prescribed format. v) List of Similar Works satisfying Qualification Criterion indicated in Proforma 1 does not include any work which has been carried out by us through a Subcontractor on a back to back basis. vi) vii) The information and documents submitted with the Tender and those to be submitted subsequently by way of clarifications / making good deficient documents are correct and we are fully responsible for the correctness of the information and documents submitted by us. We understand that in case any statement/information/document furnished by us or to be furnished by us in connection with this offer, is found to be incorrect or false, our EMD in full will be forfeited and business dealings will be banned. SEAL AND SIGNATURE & NAME OF THE BIDDER Signing this document 16

18 To The Group General Manager (P), RPO(South) FINANCIAL BID ANNEXURE - I Date: Sub: Detailed Design Consultancy services for Comprehensive Architectural, Structural, Electrical and other services for planning and construction of Govt. Engineering College at Karwar in Karnataka Ref: LIMITED TENDER NOTICE NO. RITES/BLR/LT/04/2012 dated Dear Sir, In response to tender document for the above work, we hereby quote our Professional Charges as under:- Description of Work Detailed Design Consultancy services for construction of Govt. Engineering College at Karwar for VTU DDC s Appx. Est. fee ` Lakhs In Figure (In percentage above /below/ at par) In Words (In percentageabove/ below/ at par) Note : (i) The DDC has to quote his rate in percentage above/ below/ at par over the estimated fee of the work in figures and words. The fee will be adjusted at a later stage as per the Clause No Certified that:: 1. Bidders are requested to specifically indicate Service tax liability if any and also required to show Service Tax portion separately in the fee bill, which shall be reimbursed on furnishing the proof of payments with concerned authorities. 2. Statutory taxes of any kind and its increase or decrease after submission/opening of bid shall deemed to be included in the fee quoted herein. 3. The agencies are required to provide self attested copy of PAN Card and Service Tax Registration Certificate / Number. 4. Payment shall be made through RTGS and necessary bank charges will be deducted from the fee bills. The sub-consultant has to provide the RTGS details duly certified by their banker along with the bill to enable to make payment through RTGS. Authorized Signatory DDC Firm/Company 17

19 ANNEXURE - II (FORM OF LETTER OF ACCEPTANCE) (By REGD POST / ACK.DUE) (On the letter head of RITES) NO. : RITES/ Dated : To (Name & Address of the Contractor) Dear Sirs, Sub: TENDER No. FOR THE WORK OF Ref: Your tender dated and letter dated. This is to notify you that your Tender for the work under reference has been accepted by the Competent Authority of RITES LIMITED for a total Contract Price of ` (Rupees only) in its capacity as an Agent /Power of Attorney Holder acting for and on behalf of VTU, Belguam. The time of months allowed for execution of the work will be reckoned from the date of issue of this Letter of Acceptance. You are requested to contact (complete designation and address of the project-incharge) for carrying out the contract. The total Security Deposit for this work is ` (Rupees only) which will be 5% of the total value of the contract. The EMD amount of ` (Rupees only) will be treated as a part of the Security Deposit. The balance amount of ` (Rupees only) to make up the Security Deposit may be deposited in cash or may be recovered by percentage deduction from on account bills. Thus the amount so recovered shall be refunded as per the clause of contract. Pursuant to Clause 14.1, you are required to furnish irrevocable Performance Guarantee for an amount equivalent to 5% (Five percent) of the contract value. The Guarantee of amount of ` /- is required to be submitted within 21 days of issue of this Letter of Acceptance. 18

20 You are also requested to attend this office within fifteen days from the date of issue of this letter for execution of the formal agreement. It may be noted that no payment shall be made for any work carried out by you till the Agreement is executed. This Letter of Acceptance is being sent to you in duplicate and you are requested to return without delay one copy of the letter duly signed and stamped, as a token of your acknowledgement. Kindly note that this Letter of Acceptance shall constitute a binding Contract between us pending execution of formal Agreement. Your letter referred to above shall form part of the Contract. Yours faithfully, RITES LIMITED Copy to : 1. (The Employer) for information. (To be included on the Original sent to the Contractor) 2. Project-in-charge (Complete designation and address) 3. Associated Finance (Not in original) 19

21 ANNEXURE III FORM OF AGREEMENT (ON NON JUDICIAL STAMP PAPER OF APPROPRIATE VALUE) Agreement No. dated THIS AGREEMENT is made on day of Two thousand between RPO(South), 208 & 209, Swapnalok Complex, S D Road, Secunderabad, representing through General Manager, RITES LIMITED acting for and on behalf of the Employer (which expression shall, wherever the context so demands or requires, include their successors in office and assigns) on one part and M/s. hereinafter called the DDC (which expression shall wherever the context so demands or requires, include his/ their successors and assigns) of the other part. WHEREAS the Employer is desirous that certain works should be executed viz. (brief description of the work) and has by Letter of Acceptance dated accepted a tender submitted by the DDC for the execution, completion, remedying of any defects therein and maintenance of such works at a total Contract Price of Rs. (Rupees only) NOW THIS AGREEMENT WITNESSETH as follows:- 1. In this agreement words and expressions shall have the same meaning as are respectively assigned to them in the Conditions of Contract hereinafter referred to. 2. The following documents in conjunction with addenda/ corrigenda to Tender Documents shall be deemed to form and be read and construed as part of this agreement viz. a) Notice Inviting Tender b) Technical Bid containing Instructions to Tenderers and Financial Bid c) The Letter of Acceptance dated d) Amendments to Tender Documents if any 3. In consideration of the payment to be made by the Employer to the Contractor as hereinafter mentioned, the Contractor hereby covenants with the Employer to execute, complete, remedy defects therein and maintain the works in conformity in all respects with the provisions of the Contract. 4. The Employer hereby covenants to pay to the Contractor in consideration of the execution, completion, remedying of any defects therein and maintenance of the works, the contract price or such other sum as may become payable under the provisions of the contract at the time and in the manner prescribed by the Contract. 20

22 IN WITNESS whereof the parties hereto have caused their respective common seals to be hereinto affixed (or have herewith set their respective hands and seals) the day and year first above written. SIGNED, SEALED AND DELIVERED BY In the capacity of representing RITES LIMITED In the capacity of Agent On behalf of M/s. (The Contractor) In the presence of Witnesses (Signature, Name & Designation) In the presence of Witnesses (Signature, Name & Designation)