1

BID DOCUMENTS

FOR

Architectural & Civil Engineering Consultancy for

Construction of Agro Trade Tower at Main Mandi

Yard, Khairthal under KUMS Khairthal

DISTRICT – ALWAR

FINANCIAL BID

(VOLUME-II)

Last Date of Sale : 16.11.2015 Upto 6.00 PM

Date of Receipt : 17.11.2015 Upto 2.00 PM

Name of Agency : …………………………………………………………………..

RAJASTHAN STATE AGRICULTURAL MARKETING BOARD, CIRCLE JAIPUR

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RAJASTHAN STATE AGRICULTURAL MARKETING BOARD, CIRCLE JAIPUR

Technical & Financial Bid for consultancy services regarding Architectural

& Civil Engineering Consultancy for Construction of Agro Trade Tower at

Main Mandi Yard, Khairthal under KUMS Khairthal

CONTENTS

1. GENERAL

2. SECTION – 3 (Contract Agreement & General Conditions of

Contract)

3. SECTION – 4 (Special condition of contract)

4. Letter of Invitation

5. Letter of offer

6. SECTION - 5 (Financial Bid)

7. SECTION – 6 (Location & Land Plan)

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RAJASTHAN STATE AGRICULTURAL MARKETING BOARD, CIRCLE JAIPUR

Architectural & Civil Engineering Consultancy for Construction of Agro Trade Tower at Main Mandi Yard, Khairthal under KUMS Khairthal

Rajasthan State Agricultural Marketing Board has decided to construct a Agro Trade Tower at Khairthal. The complex will be provided with facilities and services comparable to the Indian standards. This proposed AGRO TRADE TOWER consists following facilities, However this may differ as per the planning and design of the consultant.

1. Ground floor (Approximate area 418 Sqm.)

: Vehicle parking facility with Bank building, Society office, ATM, Public Facility and Restaurant. All landscaping work on surrounding area.

2. First Floor to third floor (App. area of each floor 557 Sqm.)

: Shops cum office with lift facility & appropriate wash room facility on each floor including all safety measures & other facilities in the form of fire fighting arrangement etc.

3. Terrace floor area (App. area 200 Sqm.)

: Stair head room with lift machine room etc.

The Bidders should have the experience and competence in the following areas :-

(i) Architectural Consultancy (ii) Building Structural Design (iii) Consultancy for providing air conditioning/Air cooling system, fire fighting

systems electrical, water supply & sanitation system, lifts & elevators, security system, cyber system & also the other requirements to a new building.

(iv) Exterior designing & landscaping layouts. (v) Interior designing (vi) Safety measures for a multistoried building.

The successful bidders have to take up the project in a holistic manner and provide consultancy in all the areas.

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Rajasthan State Agricultural Marketing Board, Circl e-Jaipur Kisan Bhawan, Lal Kothi, Jaipur

(sejpr.rsamb@rajasthan.gov.in) se.ambjaipur@gmail.com

0141-2740745 No. 998-1062 Dated: 20.10.2015

NIT No. 05/2015-16

Expression of Interest

RSAMB invites eligible consultancy agencies/firms/individuals to indicate their interest for “Architectural & Civil Engineering Consultancy for Construction of Agro Trade Tower at Main Mandi Yard, Khairthal, District, Alwar. “Bid document can be obtained upto 16.11.2015 on payment of Rs. 500/- from Circle Office Kisan Bhawan, Lal Kothi, Jaipur. Expression of Interest having Technical and Financial Bid must be submitted to S.E., R.S.A.M.B. Circle-Jaipur on 17.11.2015 upto 2.00 PM & Technical Bid will be opened on the same day at 3.30 PM. Terms & Conditions available in Circle Office. Details can see on website www.rsamb.rajasthan.gov.in and www.sppp.raj.nic.in

(Sheesh Ram Basera) Superintending Engineer

No. Dated Copy Forwarded to :-

1. The Sr. P.A. to Administrator, RSAMB, Jaipur.

2. The General Manager (Adm.), RSAMB, Jaipur.

3. The Chief Engineer, PWD/Irrigation/PHED, Jaipur.

4. The Additional Chief Engineer, RSAMB, Jaipur.

5. The Financial Advisor, RSAMB, Jaipur.

6. The Superintending Engineer, PWD, Circle-Jaipur/Alwar/Bharatpur.

7. The Superintending Engineer, RSAMB Circle Kota/Jaipur (P&M)/Jodhpur/Ajmer/Shriganganagar.

8. Executive Engineer, RSAMB, All Division.........................................

9. Chairman/Secretary, KUMS, Khairthal.

10. Contractor Association, PWD/Irrigation/PHED/RSAMB, Jaipur.

11. Website P.R.O., Jaipur.

12. A.A.O./ Cashier.

13. Notice Board.

14. State Public Procurement Portal.

15. Analyst cum Programmer, Room No. 8, Pant Krishi Bhawan, RSAMB, Jaipur.

16. Consultant/Architect Firms/Individuals:-

a. Design Point Consultant Pvt. Ltd., 607-610, B-Wing, Tirupati Plaza, Nanpura, Surat- 395001 (Gujrat)

b. Sansrishti Infra Designs Pvt. Ltd., 79, Devi Nagar, Near Goodyear Showroom, New Sanganer Road,

Jaipur-302019

c. M/s 4th

Dimension, 171, Prathviraj Nagar, Maharani Farm, Durgapura, Jaipur.

d. Shilp Associates, UG-7, Krishna Mall, Laxmi Mandir Tiraha, Tonk Road, Jaipur-302015

e. Cadcon Engg. Consultants Pvt. Ltd., D-224, Tanwar Residency, Tulsi Marg, Bani Park, Jaipur.

f. Sanreen Designers Pvt. Ltd., E-22, 3rd

Greater Kailash-1, New Delhi.

g. DMG Consulting Pvt. Ltd, A-81, Sector 65, Noida (U.P.)

h. 10 Decimal Design Studio, 103, Rajan House, 1st

Floor, H-Block Market, Phase-I, Ashok Vihar, New Delhi.

i. Chandi Ramani & Associates, 110, Keshav Vihar, Gopalpura Byepass, Jaipur.

j. The Forms, 4-Ga-18, Jawahar Nagar, Jaipur-302004

(Sheesh Ram Basera)

Superintending Engineer

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SECTION – 3

CONTRACT AGREEMENT

&

GENERAL CONDITIONS OF CONTRACT

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RAJASTHAN STATE AGRICULTURAL MARKETING BOARD, CIRCLE JAIPUR

CONTRACT FOR CONSULTANCY SERVICES

NAME OF WORK : Architectural & Civil Engineering Consultancy for P roposed Agro Trade Tower at main mandi yard Khairthal

This CONTRACT (hereinafter called the “Contact”) is made on the ……………… day of the month of ……………………………, 2015 between, on the one hand, Rajasthan State Agricultural Marketing Board), (hereinafter called the “Client”) and, on the other hand, …………………………… (hereinafter called the “Consultants). Note : If the Consultants consists of more than one entity, the above should be partially amended to read as follows: ………………… (hereinafter called the “Client”) and, on the other hand, a joint venture consisting of the following entities, each of which will be jointly and severally liable to the Client for all the Consultant’s obligations under this Contract, namely, ……………..and ………………..(hereinafter called the “Consultants.”)]

WHEREAS

(A) the Client has requested the Consultants to provide certain consulting services as defined in the General Conditions of Contract attached to this Contract (hereinafter called the “Services”)

(B) the Consultants, having represented to the Client that they have the required professional skills, personnel and technical resources, have agreed to provide the Services on the terms and conditions set forth in this Contract: NOW THEREFORE the parties hereto hereby agree as follows :

1. The following documents attached hereto shall be deemed to form an integral part of this Contract :

(a) The General Conditions of Contract (hereinafter called “GC”), (b) The Special Conditions of Contract (hereinafter called “SC”0, (c) The following Appendices :

Note : If any of these Appendices are not used, the words “Not Used” should be inserted below next to the title of the Appendix on the sheet attached hereto carrying the tittle of that Appendix.].

(a) Term of reference (b) Scope of work (c) Format for technical bid Schedule I, II, III, & CV format (d) Format for financial bid (e) NIT and request for proposal.

2. The mutual rights and obligations of the Client and the Consultants shall be as set forth in the Contract; in particular :

(a) The Consultants shall carry out the Services in accordance with the provisions of the Contract; and

(b) The Client shall make payments to the Consultants in accordance with the provisions of the Contract.

IN WITNESS WHEREOF, the Parties herto have caused this Contract to be signed in their respective names as of the day year first above written.

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FOR AND ON BHEALF OF (CLIENT) Witness : 1. Signature Name : Address :

By Authorized Representative 2. Signature : FOR AND ON BEHALF OF Name : [CONSULTANT Address : By Authorized Representative [Note : If the Consultants consist of more than one entity, all of these entities should

appear as signatories , e.g. in the following manner:] FOR AND ON BEHALF OF OF THE MEMBERS OF THE CONSULTANTS [Member] By Authorized Representative [Member] BY Authorized Representative

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GENERAL CONDITIONS OF CONTRACT 1. GENERAL PROVISIONS 1.1 Definitions Unless the context otherwise requires, the following terms whenever used in this

Contract have the following meanings : (a) ‘Applicable Law’ means the laws and any other instruments having the force of

law in the Government country (i.e. INDIA) as they may be issued and in force from time to time.

(b) ‘Client’ means The Administrator on behalf of Rajasthan State Agricultural Marketing Board, Jaipur.

(c) ‘Contract’ means the Contract signed by the parties, to which these General Conditions of Contract are attached, together with all the documents listed in Clause 1 of such signed Contract.

(d) “Effective Date” means the date on which this Contract comes into force and effect pursuant to Clause GC 2.1

(e) “GC” means these General Conditions of Contract. (f) “Government” means the Government of Rajasthan . (g) “Local Currency” means India Rupees (h) “Consultant” means the consulting architect’s firm or architects who shall provide

consultancy for project as requrred in scope of work “Member” , in case the Consultants consists of a joint venture of more than entity, means any of these entities , and “Members” means all of these entities.

(i) “Personal” means persons hired by the Consultants or by any Sub-consultants as employees and assigned to the performance of the Services or any part thereof.

(j) “Party” means the Client or the Consultants, as the case may be, and Parties means both of them.

(k) “Services” means the work to be performed by the Consultants pursuant to this Contract for the purposes of the Project , as described in scope of work heroto.

(l) “SC” means the Special Conditions of Contract by which these General Conditions of Contract may be amended or supplemented.

(m) “Sub-consultant” means any entity to which the consultants subcontract any part of the Services in accordance with the provisions of Clause GC 3,7

(n) “Third Party” means any person or entity other than Government, the client, the consultants or a sub-consultant.

(o) “Contract Sum” means gross amount of Consultant’s original proposal in local currency payment components with taxes, duties, fees amd other impositions as provided for in clause G.C. 1.10 inclusive of the cost of all type of investigations and assignments.

1.2 Relation between the Parties :

Nothing contained herein shall be construed as establishing a relation of master and servant or of agent and principal as between the Client and the Consultants. The Consultants, subject to this Contract, have complete charge of Personnel performing the Services and shall be fully responsible for the Services performed by them on their behalf hereunder.

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1.3 Law Governing the Contract

This contract, its meaning and interpretation and the relation between the Parties shall be governed by the Applicable Law in India.

1.4 Language

This contract has been executed in the language specified in the SC, which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract.

1.5 Headings

The headings shall not limit, after or affecting the meaning of this Contract.

1.6 Notices

1.6.1 Any notice, request or consent required or permitted to be given or made pursuant to this Contract shall be in writing. Any such notice, request or consent shall be deemed to have been given or made when delivered in person to an authorized of the Party to whom the communication is addressed , or when sent by registered male, relax, telegram or facsimile to such Party at the address specified in the S.C.

1.6.2 Notice will be deemed to be effective as specified in the S.C. 1.6.3 A party may changes its address for notice hereunder by giving the other party

notice of such change pursuant to the provision listed in the SC with respect to clause 1.6.2.

1.7 Location

The services shall be performed at such locations as are specified hereto and, where the location of a particular task is not so specified, at such locations, whether in India or elsewhere, as the Client may approve

1.8 Authority of Member in Charge

In case the consultants consists of a joint venture of more than one entity , the Member, hereby authorize the entity specified in the SC to act on their behalf in exercising all the Consultant’s rights and obligations towards the Client under this Contract, including without limitation the receiving of instructions and payments from the clients.

1.9 Authorized Representatives

Any action required or permitted to be taken , and any document required or permitted to be executed , under this Contract by the Client or permitted to be executed , under this Contract by the Client or the Consultants may be taken or executed by the officials specified in the S.C.

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1.10 Taxes and Duties

Unless otherwise specified in the SC, the Consultants shall pay all such taxes, duties , fees and other impositions as may be levied under the Applicable law & RSAMB shall perform such duties regard to the deduction of such taxes as may be lawfully imposed. service tax shall be deposited by the consultant within due period as per law. The receipt of service tax deposit shall be required before the disbursement of next payment . The deduction & return of security deposit shall be as mentioned in TOR.

2. COMMENCEMENT, COMPLETION , MODIFICATION AND TERMINATION OF CONTRACT

2.1 Effectiveness of Contract

This contract shall come into force and effect on the date of the Client’s notice to the Consultant instructing the Consultants to begin carrying out the services. This notice shall confirm that effectiveness conditions, if any , listed in the SC have been met.

2.2 Termination of Contract for Failure to become effective

If this contract has not become effective within such time period after the date of Contract signed by the parties as shall be specified in the SC , either party may be not less than four (4) week’s written notice to the other Party , declare this Contract to be null and avoid , and in the event of such a declaration by either party, neither party shall have any claim against the other party with respect hereto

2.3 Expiration of Contract

Unless terminated earlier pursuant to Clause GC 2.9 hereof, this Contract shall expire when services have been completed and all payments have been made at the end of such time period after the Effective Date as shall be specified in the TOR.

2.4 Entire Agreement

This contract contains all covenants , stipulations and provision agreed by the Parties No. agent or representative of either Party has authority to make , and the Parties shall not be bound by or be liable for, any statement , representation , promise or agreement not set forth herein.

2.5 Modification

Modification of the terms and conditions of this Contract , including any modification of the scope of the Services, may only be made by written agreement between the parties. Pursuant to Clause GC 7.2 hereof, however , each party shall give due consideration to any proposals for modification made by the other party.

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2.6 Force Majeure

2.7.1 Definition

(a) For the purpose of this Contract “Force Majeure” means an event which is beyond the reasonable control of a Party, and which a party’s performance of its obligations hereunder impossible or so impractical as reasonable to be considered impossible in the circumstances and includes but is not limited to, war, riots, civil disorder , earthquake, fire explosion, storm, flood or other adverse weather conditions, strikes, lockouts or other industrial action are within the power of the party invoking Force Majeure to prevent), confiscation or any other action by government agencies.

(b) Force Majeure shall not include (I) any event which is caused by the

negligence or intentional action of a party or such party’s sub-consultants or agents or employees. nor (ii) any event which is diligent Party could reasonable have been expected both (a) take into account at the time of the conclusion of this Contract and (b) avoid or overcome in the carrying out of its obligations hereunder.

(c) Force Majeure shall not include insufficiency of funds or failure to make

any payment required hereunder.

2.7.2 No breach of contract The failure of a Party to fulfill any of its obligations hereunder shall not be considered to be a breach of , or default under, this contract insofar as such inability arises from an event of Force Majeure provided that the Party affected by such an even has taken all reasonable precautions. due care and reasonable alternative measures, all the objective of carrying out the terms and conditions of this Contract.

2.7.3 Measures to be taken (a) A party affected by an event of Force Majeure shall take all

reasonable measures to remove such party’s inability to fulfill its obligation hereunder with minimum of delay.

(b) A party affected by an event of Force Majeure shall notify the other Party of such event as soon as possible , and in any event not later than fourteen (14) days following the occurrence of such event and shall similarly give notice of the restoration of normal conditions as soon as possible.

(c) The Parties shall take all reasonable measures to minimize the consequences of any event of Force majeure.

2.7.4 Extension of Time Any period , within which a party shall pursuant to this Contract, complete any action or task shall be extended for a period equal to the

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time during which such Party was unable to perform such action as a result of Force Majeure.

2.7.5 Payments

During the period of their inability to perform the Services as a result of an event of Force Majeure, the Consultants shall be entitled to be reimbursed for additional costs to be defined and necessarily incurred by them during such period for the purposes of the Services and in reactivating the Services after the end of such period.

2.7.6 Consultation

Not later than thirty (30) days after the Consultants, as the result of an event of Force Majeure, have become unable to perform a material portion of the services, the parties shall consult with each other with a view to agreeing on appropriate measure to be taken in the circumstances.

2.8 Penalties and Suspension 2.8.1 Penalties

The total period as indicated in TOR from the date of commencement of services is envisaged for satisfactory completion of the assignment. In case delay in satisfactory completion of services occurs due to consultant beyond the stipulation period , the consultant shall be liable to pay penalty @ 0.05% (one twentieth percent) per calendar day subject to maximum of 2.5% (two and half percent) of contract sum . For delays in satisfactory completion of work beyond 2 (two) months, the amount of security deposit in part or full as decided by RSAMB is liable to be forfeited. However , if the completion of services is delayed due to reasons beyond the control of the consultant, suitable extension of time for completion of services shall be granted upon receipt of express request accompanying full justification.

2.8.2 Forfeiture of Earnest Money

The amount of earnest money deposit is liable to be forfeited and the contract is also liable to be terminated under the following conditions :

(i) If the consultants fails to mobilize and commence the services according to his proposed manning schedule within 30 (thirty) days of the order to commence the work.

(ii) If the consultants delay the completion of task of any of the stages of work by more than 60 days beyond the agreed schedule of services, as per the contract. However, for delay due to the reasons beyond the control of consultant , suitable extension of time for completion of service shall be granted upon receipt of express request accompanying full justification.

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2.8.3 The client may, by written notice of suspension to the Consultants,

suspend all payments to the Consultants hereunder if the consultants fail to perform any of their obligations under this Contract , including the carrying out of the Services, provided that such notice of suspension (i) shall specify the nature of the failure and (ii) shall request the consultants to remedy such failure within a period not exceeding thirty (30) days after receipt by the consultants of such notice of suspension.

2.9 Termination

2.9.1 By the Client

The client may, by not less than thirty (30) days written notice of termination to the Consultants (except in the event listed in paragraph (I) below , for which there shall be a written notice of not less than sixty (60) days, such notice to be given after the occurrence of any of the events specified in the paragraphs (a) through (I) of this clause GC 2.9.1, terminate this contract :

(a) If the consultant fails to remedy a failure in the performance of their obligations hereunder, as specified in a notice of suspension pursuant to clause GC 2.8 herein above , within thirty (30) days of receipt for such notice of suspension or within such further period as the Client may have subsequently approved in writing.

(b) If the consultant become (or, if the consultants consists of more than one entity, if any of their Members becomes) insolvent or bankrupt or enter into any agreements with their creditors for relief of debt or take advantage of any law for the benefit of debtors or go into liquidation or receivership whether compulsory or voluntary.

(c) If the consultant fail to company with any final decision

reached as a result of disputes pursuant to Clause GC 8 hereof

(d) If the consultants submit to the Client a statement which has a material effect on the rights, obligations or interests of the client and which the consultants know to be false.

(e) If the consultants fails to mobilize and commence the services

according to his proposed manning schedule within 30 days of the order to commence the work.

(f) If the consultants delay the completion of task stages of work

(stage 1 to stage 4) by more than 60 days beyond the agreed schedule of services , as per the contract . However , for delays due of time for completion of services shall be granted

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upon receipt of express request accompanying full justification.

(g) If the consultant request for substitution of key personnel

beyond 40% of the strength of key personnel as given in Schedule II

(h) If, as the result of force majeure, the Consultants are unable to perform a material position of the services for a period of not less than sixty (60) days; or

(i) If the client, in its sole discretion and for any reason whatsoever, decides to terminate this contract.

2.9.2 By the Consultants

The consultants may, be not less than thirty (30) days’ written notice to the Client, such notice to be given after the occurrence of any of the events specified in paragraph (a) through (d) of this Clause GC 2.9.2., terminate this Contract.

(a) If the Client , fails to pay any money due to the Consultants pursuant to this Contract and not subject to dispute pursuant to Clause 8 hereof within forty-five (45) days after receiving written notice from the Consultants that such payment is overdue.

(b) If the client is in material breach of its obligations pursuant to this Contract and has not remedied the same within thirty (30) days (or such longer period as the Consultants may have subsequently approved in writing) following the receipt by the Client of the Consultant’s notice specifying such breach.

(c) If, as the result of Force Majeure, the consultants are unable to perform a material portion of the Services for a period of not less than sixty (60) days; or

(d) If the client fails to comply with any final decision reached as a result of dispute pursuant to Clause GC 8 thereof.

2.9.3 Cessation of Rights and Obligations

Upon terminate of this Contract pursuant to Clauses GC 2.2 or 2.9 hereof , of upon expiration of this Contract to Clause GC 2.4 hereof, all rights and obligations of the parties hereunder shall cease, except :

(i) Such rights and obligations as may have accrued on the date of termination or expiration.

(ii) The obligation of confidentiality set forth in Clause GC 3.3 hereof. (iii) Any rights which a party may have under the Applicable law.

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2.9.4 Cessation of Services

Upon termination of his contract by notice of either party to the other pursuant to clauses 2.9.1 or 2.9.2 hereof , the consultants shall, immediately upon dispatch or receipt of such notice, take all necessary steps to bring the services to a close in a prompt and orderly manner and shall make every reasonable effort to keep expenditures for this purpose to a minimum . With respect to documents prepared by the consultants and equipment and materials furnished by the client, the consultants shall proceed as provided, respectively, by Clause GC 3.9 hereof.

2.9.5 Payment upon Termination Upon termination of this Contract pursuant to Clauses GC 2.9.1 or GC 2.9.2 hereof , the client shall make the following payments to the Consultants provided in the event that RSAMB decided to forfeit part or full amount of Security deposit, the same is recovered after off setting any amount that may be due from the Consultant :

(i) Remuneration pursuant to Clause GC 6 hereof for Services satisfactory performed prior to the effective date of termination.

(ii) Reimbursable expenditure pursuant to Clause GC 6 hereof for expenditure actually incurred prior to the effective date of termination; and

(iii) Except in the case of termination pursuant to paragraph (a) through (g) of Clause GC 2.9.1 hereof, reimbursement of any reasonable cost incident to the prompt and orderly termination of the Contract including the cost of return travel of the Consultant’s personnel and their eligible dependents.

2.9.6 Disputes about Events of Termination

If either party disputes whether an event specified in paragraphs (a) through (I) of clause GC 2.9.1 or in clause GC 2.9.1 hereof has occurred, such Party may, within thirty (30) days after receipt of notice of termination from the other party , refer the matter to committee pursuant to clause GC 8 hereof, and their contract shall not be terminated on account of such event except in accordance with the terms of any resulting decision by standing committee.

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3. OBLIGATIONS OF THE CONSULTANTS

3.1 General

3.1.1 Standard Performance The consultants shall perform the services and carry out their obligations hereunder with all due diligence, efficiency and economy, in accordance with generally accepted professional techniques and practices and shall observe sound management practices and employ appropriate advanced technology and safe and effective equipment , machinery, material and methods . The consultants shall always act, in respect of any matter relating to this contract or to the Services, as faithful advisers to the Client , and shall at all times support and safeguard the Client’s legitimate interests in any dealings with sub-consultants or third parties.

3.1.2 Law Governing Services

The consultant shall perform the services in accordance with the Applicable Law and Shall take all practicable steps to ensure that any sub consultants, as week as the Personnel and agents of the Consultants and any sub-consultants, comply with Applicable law. The Client shall advise the Consultants in writing of relevant local customs and the Consultants shall, after such notifications, respect such customs.

3.2 Conflict of Interests 3.2.1 Consultants not to be benefit from Commissions, Discounts etc

The remuneration of the Consultants pursuant to Clause GC 6 hereof shall constitute the Consultants’ s sole remuneration in connection with this Contract or the services and the Consultants shall not accept for their own benefit any trade commission, discount or similar payment in connection with activities pursuant to this Contract or to the Services or in the discharge of their obligations hereunder , and the consultants shall use their best efforts to ensure that any sub-consultants, as well as the Personnel and agents of either of them, similarly shall not receive any such additional remuneration.

3.2.2 Procurement rules of the Client

If the consultants as part of the services , have the responsibility of advising the client on the procurement of goods, works or services, the consultants shall comply with any applicable procurement guidelines of the client or the agencies funding such procurement guidelines of the client or the agencies funding such procurement and shall at all times exercise such responsibility in the best interest of the client. Any discounts or commissions obtained by the consultants in the exercise of such procurement responsibility shall be for the account of the client.

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3.2.3 Consultants and Affiliates not to engage in certain activities

The consultants agree that during the terms of this Contract and after this termination the consultants and any entity affiliated with the consultants, as well as any sub-consultant and any entity affiliated with such sub consultants shall be disqualified from providing goods, works or services (other than the services and any continuation thereof) for any project resulting from or closely related to the services.

3.2.4 Prohibition of Conflicting Activities

Neither the consultants nor their sub-consultants nor the Personnel of either of them shall engage either directly or indirectly, in any of the following activities : (a) during the term of this Contract , any business or professional activities

in the Government country which would conflict with the activities assigned to them under this Contract; or

(b) after the termination of contract, such other activities as may be specified in the S.C.

3.3 Confidentiality

The consultants, their sub-consultants and the Personnel of either of them shall not, either during the terms or within two (2) years after the expiration of this contract, disclose any proprietary or confidential information relation to the project, the services, the contract or the client’s business or operations without the prior written consent of the client.

3.4 Liability of the Consultants

Subject to additional provision , if any, set fourth in the SC, the Consultant’s liability under this Contract shall be as provided by the Applicable Law. Also , the consultant shall be liable for any corrections/amendment to be made even after approval of final report as & when required by client.

3.5 Accounting, Inspection and Auditing

The consultants shall follow standard accounting practices for maintaining their accounts and shall permit the nominated or authorized representative of RSAMB to inspect the Consultant’s account and records related to the performance of the Consultants and to have them audited by auditor’s appointed by the RSAMB, if so required by the RSAMB.

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3.6 Consultant’s Action requiring Client’s prior approval

The consultants shall obtain the Client’s prior approval in writing before taking any of the following actions : (a) Appointing such members of the Personnel as are not listed by name in

Schedule – II (“Consultants, sub – consultants and Key-Personnel”) (b) Entering into a sub-contract for the performance of any part of the

services, it being understood (I) that the selection of the sub-consultant and the terms and conditions of the sub-contract shall have been approved in writing by the client prior to the execution of the sub-contract and (ii) that the consultants shall remain fully liable for the performance of the services by the sub-consultants and its Personnel pursuant to this Contract.

(c) Any other action that may be specified in the S.C. or TOR.

3.7 Report Obligations

The consultants shall submit to the client the report and documents specified in with the time periods set forth.

3.8 Documents prepared by the consultants to be the property of the Client

All plans, drawings, specification, design, report and other documents prepared by the Consultants in performing the Services shall become and remain the property of the Client, and later than upon termination of expiration of this Contract, deliver all such documents to a Client together with a detailed inventory thereof. The consultants may retain a copy of such documents. Restrictions about the future use of these documents, shall be as specified in the S.C. and TOR.

4. CONSULTANT PERSONNEL

4.1 General

The consultants shall employ and provide such qualified and experienced Personnel as are required to carry out the services.

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5. ASSISTANCE AND EXEMPTIONS 5.1 Unless otherwise specified in the SC, the Client shall use its best

efforts to endure that Government shall :

(a) provide the Consultants , Sub-consultants and Personnel with work permits and such other documents as shall be necessary to enable the Consultants, Sub-consultants or Personnel to perform the Services.

(b) Facilitate prompt clearance through customs of any property required for the Services.

(c) Issue all such instruction to officials, agent and representatives of the Government as may be necessary or appropriate for the prompt and effective implementation of the SERVICES.

(d) Guide the Consultants and the Personnel and any Sub-consultants employed by the Consultants for the services for any requirement to register or obtain any permit to practice their profession or to establish themselves either individually or as a corporate entity according to the Applicable Law.

(e) Provide to the Consultants, Sub-consultants and Personnel and such other assistance as may be specified in the SC

5.2 Access to Land

The client warrants that the Consultants shall have, free of charge, unimpeded access to all land in the Government’s country in respect of which access is required for the performance of the Services. The client will be responsible for any damage to such land or any property thereon resulting from such access and will indemnify the Consultants and each of the Personnel in respect of liability for any such damage, unless such damage is caused by the default or negligence of the Consultants or any sub-consultant or the Personnel of either of them.

5.3 Change in the Applicable Law

If after the date specified in the SC & TOR , there is any change in the Applicable law with respect to taxes and duties which increase or decrease the cost or reimbursable expenses incurred by the Consultants in performing the Services. then the remuneration and reimbursable expenses otherwise payable to the Consultants under this Contract shall be increases or decreased accordingly.

5.4 Payment

In consideration of the Services performed by the Consultants under this Contract, the Client shall make to the Consultants eligible payments and in such manner as is provided by the Clause GC 6 of this Contract.

6. PAYMENT OF THE CONSULTANTS

The payments will be made to Consultant and as per payment schedule.

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6.1 Current of Payment (a) All Payments shall be made in the currency of the India Government i.e. India

Rupees.

6.2 Mode of Payment Billing and payments in respect of the Services shall be made as follows :

(a) Payment Schedule : As specified in TOR (b) The Client shall cause the payment of the Consultants within thirty (30) days

after the receipt by the Client of bills with supporting documents. Only such portion of item wise statement that is not satisfactory supported may be with held from payment. Should any discrepancy be found to exist between actual payment and cost authorized to be incurred by the Consultants, the Client may add subtract the difference from any subsequent payments.

(c) The payable amount should be arrived at after deduction of (i) any penalty levied and (ii) forfeiture of any amount on account of security deposit.

(d) The Final payment under this Clause shall be made only after the final report and final statement , identified as such , shall have been submitted by the Consultants and approved as satisfactory by the Client. The services shall be deemed completed and finally accepted by the Client and final report and final statement shall be deemed by the Client as satisfactory sixty (60) calendar days after receipt of the final report and final statement by the Client unless the Client , within such sixty (60) days period, gives written notice to the consultants specifying in detail deficiencies in the Services, the final report or final statement the Consultant shall thereupon promptly make nay necessary corrections and upon completion of such correction , the foregoing process shall be repeated any amount which the Client has paid or caused to be paid accordance with this Clause in excess of the amount actually payable in accordance with the provisions of this Contract shall be reimbursed by the Consultants to the Client within thirty (30) days after receipt by the Consultants of notice thereof. Any such claim by the client for reimbursement must be made within twelve (12) calendar months after receipt by the Client of a final report a final statement approved by the Client in accordance with the above.

(e) All payment under this Contract shall be made to the account of the Consultants.

7. FAIRNESS AND GOOD FAITH

7.1 Goods Faith The parties undertake to act in god faith with respect to each other’s rights under this Contract and to adopt all reasonable measure to ensure the realization of the objectives of this Contract.

7.2 Operation of the Contract The parties recognize that it is Impractical in this Contract to provide for every contingency which may arise during the life of the contract, and the parties hereby agree that it is their intention that this Contract shall be operate fairly as between them , and without detriment to the interest of either of them and that ,

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if during the terms of this contract wither party believes that this Contract is operating unfairly the parties will use their best efforts to agree on such action as may be necessary to remove the cause of causes of such unfairness, but no failure to agree on any action pursuant to this clause shall give rise to a dispute subject to arbitration in accordance with Clause 8 hereof.

8. SETTLEMENT OF DISPUTES

8.1 Amicable Settlement

The parties shall use their best efforts to settle amicably all disputes arising out of or in connections with this Contract or the interpretation thereof.

8.2 Dispute Settlement

Any dispute between the parties as to matters arising pursuant to this Contract which cannot be settle amicable within their (30) days after receipt by one party of other party’s request for such amicable settlement may be submitted by either party for settlement in accordance with the provisions specified in S.C. Clause 4.

8.3 Jurisdiction of Dispute

Jurisdiction for all kinds of dispute will be at Alwar.

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SECTION – 4

SPECIAL CONDITION

OF CONTRACT

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SPECIAL CONDITIONS OF CONTRACT

1. The Special conditions of Contract are as under with reference to General Conditions of contract & TOR

1.1 Language : English

Address :

1.2 For the Client : Administrator Raj. State Agricultural Marketing Board, Pant Krishi Bhawan, Janpath Jaipur.

Attention : Superintending Engineer, RSAMB, Circle Jaipur

Telephone No. : 0141-2740445 Cable address : Mandi Board, Circle Jaipur E-mail address: : se.ambjaipur@gmail.com

Facsimile :

For the Consultants : Attention : Cable Address : Telex Facsimile [NOTE : Fill in the Blank]

1.3 The Authorized Representatives are

For the Client : Superintending Engineer, RSAMB, Circle Jaipur For the Consultants : ……………………………………………………………

……………………………………………………………

…………………………………………………………..

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1.4 For Domestic consultants/personnel and foreign personnel who are permanent residents in India :

The consultants and the personnel shall pay the taxes, duties, fees, levies and other impositions levied under the existing , amended enacted laws during the life of this contract and the client shall perform such duties in regard to the deduction of such tax as may be lawfully imposed.

2.Effectiveness conditions : 2.1 The contract has been approved by the RSAMB 2.2 The time period shall be as specified in TOR or such other time period as the Parties may agree in writing. 3. Limitation of the Consultants Liability toward the Client. 3.1 Except in case of negligence or willful misconduct on the part of the

Consultants or on the part of any person or Firm acting on behalf of the Consulting in caring out the Services, the Consultants with respect to damage cause by the Consultants to the Client’s property, shall not be liable to the Client.

(i) for any indirect or consequential loss or damage ; and

(ii) for any direct loss or damage that exceeds(A) the total payments for Professional Fees and Reimbursable Expenditures made or expected to be made to the Consultants hereunder or B) the proceeds the consultants may be entitled to receive from any insurance maintained by the Consultants to cover such a liability , whichever or (A) or (B) is higher.

3.2 This limitation of liability shall non after the consultant’s liability, if any, for damage to third parties caused by the consultants or any person or firm as acting on behalf of the Consultants in carrying out the Services

3.3 “The Consultants shall not use these documents for purposes unrelated on this contract without the pripr written approved of the Client”

4.Dispute & Statement

4.1 Dispute shall be settled by standing committee in accordance with the following provisions :

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4.2 Standing committee shall settle if any question , difference or object, what

so ever shall arisen in any way, In connection with or arising out of this instrument, or the meaning of operation of any part thereof , or the rights, duties or liabilities of either party then, same in so far, as the decision of any such matter as herein before provided for, and been so decided, every such matter constituting a total claim of Rs. 50,000.00 or above . whether its decision has been otherwise provided for and whether it has been finally decided according, or whether the contract should be terminated or has been rightly terminated, and as regard the rights or obligations of the parties, as the result of such termination, shall be referred for the decision to the empowered standing committee , which would consists of following:

(1) Administrator , RSAMB, Jaipur (2) Addl. Chief Engineer, RSAMB, Jaipur (3) Financial Adviser, RSAMB, Jaipur (4) Superintending Engineer, RSAMB, Circle Jaipur (5) Sr. Law officer, RSAMB, Jaipur

The Executive Engineer RSAMB, on receipt of application along with non refundable prescribed fees (the fee would be two percent of the amount of dispute, not exceeding Rs. one lac) from the consultant, shall refer the disputes to the committee, within a period of one month from date of receipt of application.

Procedure & Application for referring cases for settlement by the standing committee shall be , as given in from RPWA 90.

5 The RSAMB (Client) reserve all rights to accept of reject any bid without giving any reason.

6 All Taxes like Income Tax, Sales Tax, Service Tax etc. should be born by the Architect Firm and will be deducted as & when levied by the Government. Service Tax should be deposited by Architect Firm as per TOR. The security deposited and refunded as per TOR.

Superintending Engineer

RSAMB, Circle Jaipur

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OFFICE OF THE EXECUTIVE ENGINEER R.S.A.M. BOARD, CIRCLE JAIPUR (RAJASTHAN)

Ph. No. : 0141-2740445 E-mail : se.ambjaipur@gmail.com

No:..................... Date: ...........................

LETTER OF INVITATION

Rajasthan State Agricultural Marketing Board is interested for

carrying out consultancy services for Architectural & Civil Engineering

Consultancy for Construction of Agro Trade Tower at Main Mandi Yard,

Khairthal under KUMS Khairthal

Interested consultancy agencies those have experience in this field

& are member of Indian Architectural Association may obtain bid copies from

under sign’s office after depositing a sum of Rs 500 up to 16 November,

2015.

All other details will be available in the bid document.

To, ..................................................................................

..................................................................................

..................................................................................

Superintending Engineer, Raj. State Agri. Marketing Board,

CIRCLE JAIPUR Ph.No. : 0141-2740445

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OFFICE OF THE SUPERINTENDING ENGINEER, R.S.A.M. BOARD, CIRCLE JAIPUR

Name of Work : Architectural & Civil Engineering C onsultancy for Construction of Agro Trade Tower at Main Mandi Yard, Khairthal under KUM S Khairthal

Letter of offer On behalf of the Administrator R.S.A.M. Board, the offers regarding Architectural &

Civil/Structural Engineering consultancy services for Construction of Agro Trade Tower at Main Mandi Yard, Khairthal under KUMS Khairthal are invited as under :

1. Name of Project Construction of Agro Trade Tower at Main Mandi Yard, Khairthal under KUMS Khairthal consisting of Four Floors in which all the Four Floors having Offices/Shops of variable sizes including all basic and essential facilities of a common Multistoried Building.

2. Sanction cost of projects

Rs. 708.44 Lac

3. Approximate cost for consultancy services

4. Earnest Money

Rs. 4.00 Lac Rs. 8000/- (D.D. in favour of “E.E., R.S.A.M.B., Alwar” and payable at Alwar

5. Fee The Architectural & Civil/Structural consultancy fee per sqm for the

project shall be quoted separately for each floor of the building. The approximately tentative total floor area will be 2290 Sqm. Each floor’s quoted rate per sqm shall include all Civil, Structural and Architectural design complete of that floor of the Building. Ground Floor’s rate to be quoted with Structural design of foundation of whole building. These quoted rates shall also include each and all visits of Architect/Consultant as per certain construction levels of building at the site of work, as well as of visits on demand of engineer-in-charge as per requirement.

6. Scope of work 1. Architect/Consultant shall have to provide entire Architectural, Structural as well as Civil Engineering consultancy services to Engineer-in-charge/Higher officials of Board.

2. Architect/Consultant shall have to provide preliminary two-three tentative plans/sketches, 3-D drawings of each side view and finalizing the same with the consent of Engineer-in-charge/Higher officials of Board.

3. Architect/Consultant shall have to provide detailed drawing and estimate of finalized plan, Architectural, Structural Design, Electrical, Air Conditioning, Fire Fighting, Interior Designing, Water Supply & Sanitation, Lifts & Elevators, all joinery works etc. as required of Engineer-in-charge.

4. Architect/Consultant shall have to provide complete landscaping programme/sketches of lay-out within premises of Agro Trade Tower as required of Engineer-in-charge.

5. Architect/Consultant shall have to render all other incidental services in connection of the development & construction of the aforesaid Agro Trade Tower, till the completion of whole project

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with all respect. 6. Architect/Consultant shall have to visit after pre-intimation at site

of work at every construction level as per agreement or as desired by engineer-in-charge or higher officials. Each and every decision during his visit will have to final after discussion/instructions with the Engineer-in-charge & other officers of R.S.A.M. Board. No Traveling Allowances & Other Allowances will be paid separately. If necessary the engineer-in-charge of R.S.A.M.B. may require additional visit of the consultant to discuss the relevant issues regarding construction of building and performance of the contract with the Builder.

7. Supply of Documents

1. Supply of all working drawings required for execution of all kind or work as site.

2. Supply of specifications for civil, electrical, sanitary, water supply, security system & all other development works after consultation of engineer-in-charge.

3. Supply of all bill quantities of items to be executed should be submitted for tendering of project (Based on latest Basic Schedule of Rates P.W.D. Alwar Rajasthan Government)

4. Supply of all structural design with working drawings. 5. Supply of all working drawings required for all kind of electrical,

Tele-communication, water supply & sanitation works. 6. Supply of all working drawing required for air conditioning/air

cooling, fire fighting, providing lifts & elevators etc. 7. Supply of detailed working drawing for landscaping program with

in premises of Agro Trade Tower. 8. Supply of drawing required for interior & exterior beautification of

the building 9. Supply of all other drawings of documents required to complete the

project of Agro Trade Tower. 8. Stages of visit Architect/Consultant shall have to visit during construction at the time

of first lay-out, at the DPC level of Ground Floor, at the roof level of Ground Floor, at each sill level and roof level of further floors, at the level of flooring and terrace work, during exterior and interior work, during Electrification/Air conditioning/Fire-Fighting/Lift and Elevators/Landscaping etc. as required by Engineer-in-charge or Higher Officials of Board to complete Agro Trade Tower in all respect.

9. Mode of Payment 1. Total payable fee for the agreement will be calculated earlier & there after mode of payment will be break-up as under : - a. On signing of agreement : Nil b. On approval of model as per scale, detailed estimate preliminary

drawings with three alternate proposals (Best among three to be chosen by Engineer-in-charge) (The main architectural drawings of the building) along with the submission of detailed bill of quantities (executed) : 15%

c. On submission of all working drawings for foundations and stilt/ground floor and structural design till completion of work : 15 %

d. On submission of all working drawings (on floor wise execution) : 30%

e. Submission of all other details required under the agreement :

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25% f. On completion of the building : All balance Amount 15%

Note : 1. On each payment 10% of the payment amount will be deducted

as security deposit and will be refunded only after the expiry of 6 months from the payment date of last payment of the project.

2. All Taxes like Income Tax, Sales Tax, Service Tax etc. should be born by the Architect Firm and will be deducted as & when levied by the Government. Service Tax should be deposited by Architect Firm.

10. Legal In case of any dispute, arising between the consultants firms & R.S.A.M. Board the matter shall be referred to the Administrator R.S.A.M. Board whose decision shall be final & binding.

11. Agreement An agreement should be furnished on Rs. 500/- non judicial paper by the consultant on receipt of order.

12. Time for services Till completion of work, the consultant is fully bound to provide their services.

13. Experience 1.1 Interested consulting Architect’s firm or Associate Architect with such firm should have 5 years experience in the field of consultancy.

1.2 Interested consulting architect’s firm or architects should have given consultancy to similar nature of work at least 2 projects of minimum Rs. 100 Lacs each/ Four project each of minimum cost of Rs. 50 in Govt. Deptt./Govt. undertaking Deptt.in last five years.

1.3 Interested consulting architect’s firm or architects should have minimum turnover of Rs. 5.00 Lacs or above in any of last 5 years. (I.T.R copy to be enclosed).

1.4 Detailed information to be furnished in Schedule I, II & III and proof to be attached.

1.5 The interested Architect/firm or consultant should have a qualified architect registered with the council of architects and qualified Civil Engineer with specific knowledge of designing multistoried building

1.6 The interested Consultant should have given interior designing services for at least one project costing Rs. 50 lacs or above.

1.7 The interested consultant should have worked as a liaison Architect for at least one multistory building to seek approval from J.D.A./U.I.T./Local Body/APMC

Authorities/J.N.N, fire NOC, Airport Authority.

superientending Engineer, R.S.A.M.B., circle jaipur

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SECTION – 5

FINANCIAL BID

31

The Rates should be quoted in the following format

Name of Work : Architectural & Civil Engineering Consultancy for Construction of Agro Trade Tower at Main Mandi Yard , Khairthal under KUMS Khairthal

“H”-SCHEDULE

SCOPE OF WORK :- Prepare detailed drawings, details and documents for submission to various departments or authorities like U.I.T./Local Body/APMC Authorities/District Administration, fire NOC, Airport Authority etc. and seek approval under the rules and regulations Conduct Total Station Survey, S.B.C. test, Prepare Architectural and Structural Design/Drawings, Bill of quantities (Detailed estimate) marking first layout and give PERT Chart. Three dimensional computerized view (Tentative three drawings) of the complete building showing with landscape detail etc. Details with fair and working drawing of Electrical, Water Supply and Sanitation, shuttering works of complete building. Detail Drawings of Air Cooling/Air Conditioning, Fire fighting, Elevators/lifts, Security and cyber system. Interior designing with detailed fair and working drawing (Floor Wise) showing Furniture, fixtures and electrical appliances etc. as per above requirements. Exterior designing along with landscape details and detailed working drawings of compound wall, gate and check post, parking area, drive way, plantation and other required items. Rate to be quoted by Bidder :- Rupees (In figure) …………………… Per Sqm of Built up area.

Rs. (In words).......................................................................................................Per Sqm of Built up area.

Note :- If there is any difference found in rate quoted in figure and words then the rate quoted in words will be considered as Final Rate.

Sign of Consultant/Architect

Address :……………………………….. ………………………………………….

Mob. :…………………………………… E-mail ID : ………………………………

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SECTION – 6

LOCATION

&

LANDPLAN