zonal office agra zone proposed · pdf fileagra/kanpur/lucknow/delhi/noida/ for supervision...
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ZONAL OFFICE
AGRA ZONE
PROPOSED CONSTRUCTION OF RSETI BUILDING KANNAUJ WITH
INTERIOR FURNISHING
ESTIMATED COST : 1.00 CRORE
FORM OF APPLICATION
FOR
PREQUALIFICATION OF ARCHITECTS /CONSULTANTS
Name of the firm ………………………………. Address ..……………………………... ……………………………….. ……………………………….. ............................................... Phone Numbers – Mobile No. Fax No.
PRICE OF THIS FORM: Rs.1000/- (Non- refundable) for each applicant.
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To: The Zonal Manager Bank Of India Agra Zone Dear Sir, Sub: PREQUALIFICATION OF ARCHITECTS / CONSULTANTS FOR
PROPOSED CONSTRUCTION & INTERIOR WORK OF RSETI BUILDING AT KANNAUJ.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
I/We have read and understood the press notice for pre-qualifications and instructions to the Applicants. I/We do hereby declare that the information furnished in the Performa and in the supplementary sheets is correct to the best of my/our knowledge and belief. Encl: Supplementary sheets Nos.: Yours faithfully, Signature of the applicant: Name: Designation: Address: //Seal//
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INSTRUCTIONS TO APPLICANTS
1) Intending Applicants are required to submit their applications in the prescribed format and with full particulars giving details about their organization, experience, technical personnel in their organization which will be kept confidential.
2) While deciding upon the prequalification of Architects / Consultants, emphasis will be given on the ability and competence of applicants to do good quality works within the specified time schedule and in close co-ordination with other agencies.
3) Each page of the application shall be signed by the Applicant. The application
shall be signed by person / persons on behalf of the organization having necessary authorization / Power of Attorney to do so.
4) If the space in this form is insufficient for furnishing full details, such
information may be continued on separate sheets of paper, stating therein the part of the form and serial number. Separate sheets shall be used for each part and a proper reference with page number must be indicated in the main form of application.
5) Applications containing false and/or inadequate information are liable for
rejection.
6) While filling up the application with regard to the list of important projects
completed or in hand, the applicants shall include projects relating to institutional / commercial / residential buildings costing not less than Rs. 40.00 lac each and shall mention all features and services of the project handled by the applicant such as number of storey of the building, type of foundation and super-structure, total constructed area, services provided etc.. The applicant should, however, enclose the application form collected from the Bank or downloaded from the website along with the application.
7) Clarifications, if any required, may be obtained from Corporate Services Dept.
Bank Of India, Zonal Office, Agra Zone Agra, Tel. No. 0562-2850086. The minimum general Pre qualification criteria shall be as stipulated in this form of application. However, more fulfillment of minimum eligibility criteria will not entitle for Pre-qualification as Prequalification will be done after taking into account various parameters including receipt of satisfactory reports from clients. The firms shall not have any discouraging / adverse report against their past performance.
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8) Architects are requested to visit the site before submitting the application to acquaint themselves with the site conditions.
9) Applicants shall furnish documentary evidence / certificates in support of their claims of work undertaken and work in hand, failing which the application will be liable for rejection. Applicants have to produce original document to verify the same, failing which are liable to reject.
10) Intimation to pre-qualified Architects for future course of action shall be
advised separately.
11) Decision of the Bank in regard to pre-qualification of Architects shall be final.
The Bank reserves the right to reject any or all applications without assigning any reason thereto.
Signature of the applicant
Address:
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Minimum Pre-qualification Criteria
a) The Architectural / Consultants' firm shall have minimum 7 years experience
in the field of planning, design and periodical supervision of construction of commercial / institutional /residential buildings with all services.
b) The technical set up with adequate organizational structure shall consist of
qualified Architects, skilled staff having knowledge and experience to plan / design / supervise Turnkey projects, Civil Engineers, Specialists, Air-conditioning engineers / specialists, consultants, Electrical Engineers / Consultants and staff along with associates, if any to execute work of such nature and magnitude.
c) The firm must have minimum experience of having successfully completed
during last 7 years
i) at least 3 similar projects costing minimum Rs. 0.4crore .
or
ii) at least 2 similar projects costing minimum Rs. 0.50 crore or
iii) at least one similar project costing minimum Rs. 0.80 crore The expression similar project shall mean the projects relating to institutional / commercial / residential building where the Architectural duties comprised planning of the project and Architectural layout, design of structure and services, preparation of detailed estimates, tenders and periodic supervision of work for ensuring overall quality of work
d) The firm shall have adequate organizational structure comprising of qualified
Architects, engineers, specialists, other technical officers and staff along with associates if any to execute work of such nature and magnitude.
e) The firm should preferably have experience in handling projects rendering
Architectural consultancy for Govt. /Public Sector Undertakings/ Nationalized Banks.
f) The firm should have a proper office infrastructure in
Agra/Kanpur/lucknow/Delhi/Noida/ for supervision and monitoring the work in daily basis.
g) A committee comprising Bank’s representative will visit the selected work executed by the firms, such wok will not be older than three years. The visit is to ascertain quality, workmanship & ability of the contracting firm.
h) The scope of work of Architect is as mentioned in the format of Agreement.
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i) The successful Architect will be required to enter into an agreement in accordance with the Draft Agreement form enclosed within 15 days from the date of work order and he shall pay for all stamps and legal expenses incidental thereto. However, the written acceptance by the Owner of a tender will constitute a binding contract between the Owner and the person so tendering whether such formal agreement is or is not subsequently executed.
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Part – 1 : Basic Information
a) Information has to be filled up specifically in this form only. Do not write remark “As indicated in Brochure or as enclosed” unless asked for by the Bank of India.
b) Information shall be limited to the Applicant. If any relevant data concerning the group of companies to which the applicant belongs is desired to be given, the same shall be given separately in a supplementary sheet.
c) Documentary evidence etc has to be enclosed.
1. Name of the Applicant and address of the Registered office. Phone No. : Fax. No. : E-mail address : Mobile No. : Website, if any :
2. (a)
Year of establishment (Enclose documentary evidence)
(b)
No. of years of experience in the relevant field (Minimum experience required is 7 years in relevant field)
3 Type of the organization (Whether sole proprietorship, Partnership, Private Ltd. or Co-operative body etc.)
4. Name of the Proprietor/Partners/Directors of Applicant with address and phone Numbers.
(a)
(b)
(c)
(d)
5. Details of registration – Whether Partnership firm, Company, etc.
Name of Registering Authority, Date and Registration number.
6. Details of Registrations with the council of Architecture, Registration No & Date (Copy of relevant document to be attached)
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7. Name and Address of the Banker
8. Whether an assesses of Income Tax . If so mention Permanent Account Number. (Enclose documentary evidence)
9. Please mention Service Tax Registration No. (Enclose documentary evidence)
10. Details of registration, if any, in the panel of Architects for other Organization/Statutory bodies/ Public Sector Banks/ CPWD/ PWD etc.
11. Please indicate your related field of services a) Architectural services for institutional
/commercial building b) Architectural services for residential building c) Interior design and furnishing work for
institutional /commercial building d) Exclusive Project Management Consultancy
(PMC) services for institutional /commercial /residential building
e) Both Architectural and PMC services institutional /commercial /residential building
12. Furnish details of Consultant /Specialist whose services are generally availed by the applicant a) Geo-Technical Consultant b) Structural Engineering Consultant c) Electrical Consultant d) Air-Conditioning Consultant e) Plumbing Consultant f) Fire Consultant
13. Furnish details of Office infrastructure at Main Office a) Carpet Area of office b) No. of Architects c) No. of Engineers of various Trades d) No. of Interior Designer e) No. of Draftsman.
Signature of Applicant
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Part 2 : Work capability and previous experience.
List of important Projects executed under consultancy services of the Applicant
during last 7 years each costing Rs. 0.40 crore and above.
Sr.No.
Name of the Project mentioning all features, scope of services and location
Name & full postal address of the owner. Also indicate whether Govt. or Private body with full postal address and Phone No.
Total Final value of work (Rs.)
Completion period
Nature of services rendered
Any important feature
of the work worth
mentioning or
reference
Whether documentary evidence enclosed in support of experience
Scheduled
duration of work
with start &
completion date
Actual duration of work
with start &
completion date
Only Archi
t- ectur
al service (*)
Both Archit- ectural & PMC service
s
1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
b) List of important Projects IN HAND each costing Rs. 0.40 crore and above :
Sr.No.
Name of the Project mentioning all features, scope of services and location
Name & full postal address of the owner. Also indicate whether Govt. or Private body with full postal address and Phone No.
Total Final value of work (Rs.)
Completion period
Nature of services rendered
Any important feature of the work
worth mentioning
or reference
Whether documentary evidence enclosed in support of experience
Total duratio
n of work
Date of
actual comple-tion
Only Archit- ectural service
(*)
Both Archit- ectura
l & PMC servic
es
1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
(*) Architectural service would include – Planning of the project, preparation of
Architectural layout & Design of structure and services, drawings, detailed estimate, preparation of tenders for various trades of works, periodic supervision of work.
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Part 3 : Technical personnel and special experience.
1. List of technical personnel employed under Applicant’s Firm, giving
details about their technical qualifications & experience in the Applicant’s establishment.
Sr.No.
Name Age Qualifications
Experience Nature of works handled
No. of years in the organis-ation
Indicate special experience and achievement, if any
1. 2. 3. 4. 5. 6. 7. 8.
1.
2.
Main Office Other Office, if any
NOTES: 1. Information has to be filled up specifically in this format. Please do not write
remark “As indicated in Brochure / as enclosed’ unless unavoidable. 2. Information shall be limited to the Applicant. If any relevant data concerning
the Group of Companies to which the Applicant belongs is desired to be given, the same shall be given separately in a supplementary sheet.
2. References 1. Please give references of two persons (Engineers, Architects or top officials of an organisation) for whom you have executed similar Projects of importance, who may be in a position to advise and confirm the Bank about the ability, competence and capability of your organisation. 3. Number of supplementary sheets attached with Sr. Nos.
Signature of the Applicant with full name.
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FORMAT OF PERFORMANCE CERTIFICATE TO BE GIVEN BY
THE PREVIOUS CLIENTS ON THEIR LETTER HEAD TO THE APPLICANT
i) Name of work executed: with scope of work in brief ii) Client’s name and address: iii) Architects for the project: iv) PMC of the Project, if any: v) a) Tendered cost ; b) Value of work executed: vi) a) Time allowed for completion b) Actual time taken for completion c) If delayed, reasons for the same and whether extension granted d) Whether liquidated damages levied on the contractor vii) General attitude and approach of the Contractor in the work: viii) Assessment of work:
Excellent Good Satisfactory Poor
Workmanship
Competence
Integrity and reliability
Attitude and approach
Quality of work
ix) Any Litigation involving Arbitration / Court of Law with details: x) Any other information about the overall Performance of the contractor, the authority would like to mention Signature: Place: Name and Designation: Date: Address:
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AGREEMENT WITH THE ARCHITECT
This Agreement made on the ___________ day of ______________ Two Thousand
Eleven BETWEEN the Bank of India, a Body Corporate constituted under the Banking
Companies Acquisition & Transfer of Undertakings Act 1970 and having its Head Office at
Star House, C-5, G-Block, Bandra-Kurla Complex, Bandra (East), Mumbai – 400 051 and
Zonal Office at …………………………………. Agra (hereinafter called the Bank or BOI which
expression shall include its successors and assigns) of the one part and M/s.
………………………………, a registered proprietor / partnership firm having its registered
office at ……………………………………………….. (hereinafter called “the Project Architects”
or “Architects” which expression shall include the present Partners and also the Partners
from time to time as also their respective heirs, legal representatives, administrators and
assigns) of the other part.
WHEREAS
The Bank intends to construct a Commercial & residential building Complex with interior
work (along with basement etc.) consisting of Basement, Ground floor, upper floor etc at
Bank of India, Zonal Office Building, Plot No………., …………………………….. and
residential building at ……………….., …………….Agra and whereas the Bank is desirous of
appointing the Project Architects as Architects for the said BUILDING PROJECT (hereinafter
called the ‘said Project’) and whereas the Architects have accepted the said appointment by
their letter No. …………………………………….
The Bank and the Architects agreed to set out in writing their rights and obligations in
respect of the said works.
NOW, IN CONSIDERATION OF THE ABOVE PREMISES, THIS AGREEMENT
WITNESSETH THAT :
M/s. ………………………. are hereby appointed as Architects for construction of the
said project, above referred to, on the following terms and conditions, and including without
limitation upon the terms and conditions, as set out in Bank’s letter of to the Project
Architects.
1. ARCHITECTS’ SERVICES :
The Project Architects shall render the following services in connection with and in
regard to the said Project:-
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a) To prepare Master Control chart for monitoring of the Progress of the said
Project and updating of the same time to time, if necessary, with prior
approval of the Bank.
b) To survey the plot boundaries and certify that the plot area measures as fully
described in the Agreement of Lease executed by the Bank with Agra
Development Authority
c) To examine Legislation, rules, regulations and other applicable provisions of
Statutory Authorities, Building Code Control and Drawings of local authorities
and to bring salient and essential features that may affect the said project to
the Bank’s notice.
d) To prepare a detailed topographical survey of the site to a scale and contour
interval determined by the Bank. The survey shall include all the necessary
data related to existing Public Utility Services.
e) To prepare sketch designs with alternative schemes (including carrying out
necessary revisions till the sketch designs are finally approved by the Bank),
making project cost estimate i.e. block estimate and to prepare reports on
merits of the scheme, highlighting aspects such as permissible FSI, likely type
of foundation required, structural design provisions to be made, planning
norms / development rules of the local authorities from whom the plans have
to be cleared before commencement of work and how the same are met in
the proposed layout, permissible and recommended basement areas and
purpose, adequacy of available water sources for drinking, flushing, A.C.
adequacy of electric sources for lighting and Air Conditioning and other
purpose, any alternative arrangements required to be made for water and
electricity, type of drainage system, water storage and distribution
arrangements, compound development, landscaping etc. and all incidentals
and connected aspects thereto so as to enable the Bank to take a decision on
the sketch designs and scheme as a whole.
f) Municipal Submission Drawings: After approval of the schematic drawings by
the Bank, the Project Architects shall prepare the required Municipal drawings
for submission to the Local Municipal Corporation and / or local authority like
Agra Development Authority (ADA), Civil Aviation Dept. fire department etc.
as may be necessary and to obtain their approvals and sanctions
expeditiously. After approval, the Architects shall submit two sets of each
such approved plans and drawings / certificates (approvals) to the Bank. The
Project Architects shall ensure that necessary clearances of concerned local
authorities are obtained for sewers, water lines, excavation within the plot etc.
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before construction is started. Architects shall obtain all the necessary
approvals, permissions and licenses as may be required under the Laws in
force applicable to the said works.
g) The Project Architects shall also have to appoint Structural Consultants,
Electrical Consultants and other experts under them at their cost for assisting
the Project Architects and for preparing working drawings & details.
h) Working Drawings : After submission of the plans to the Local Municipal
Corporation and / or to local authority / to Agra Development Authority (ADA)
or to any other authority empowered to approve under law / rules &
regulations in force applicable to the said works, the Architects shall prepare
detailed architectural working drawings, make design calculations and
drawings for foundation and other structural work of the said Project, make
designs and drawings of normal sanitary, water supply and electricity services
and also for any special installations like lifts, air-conditioning, sewage
treatment plant, fire fighting, telephone, public address system, computer
installations, interior decoration / site preparation work etc. (as may be
required by the Bank in the Project Architects’ services). The Project
Architects shall meticulously work out technical specifications, bills of
quantities and detailed cost estimate after discussing the amenities and
finishes being proposed, with the Bank. While the Project Architects are given
full scope to make suggestions in the best interest of the said Project, the
Project Architects shall amend / change the same suitably, if so desired by
the Bank. The Project Architects shall be responsible for inclusion of each
and every item of the works / specifications required for completion of the said
Project and the correctness of the quantities so as to ensure that variations
are minimum. The Project Architects shall get all these detailed drawings and
cost estimates approved by the Bank after making necessary changes /
amendments etc. if so desired by the Bank. The detailed cost estimate shall
be based on any standard schedule of rates as advised by the Bank and for
rates of items not available in schedule on actual rate analysis on market rate
for materials and labours supported by proper documents. The rate analysis
should be carried out for major items of work costing at least 90% of the
estimated cost of work for the items not covered in the Standard Schedule of
Rates. The Architects shall finally furnish one set of detailed estimate, rate
analysis and structural design calculation for Bank’s reference and records.
The same should also be furnished in electronic form.
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i) Detailed Tender Documents : The Project Architects shall draw up detailed
tender documents for the various trades, complete with the draft Articles of
the agreement, conditions of contract, specifications, drawings, schedules of
quantities, the IBA’s standard PVA clauses, lists of various tests to be
conducted by the Contractors or got done through laboratories for materials,
works at site, etc. various insurance covers required, time and progress
charts, Master Control Charts and any other material necessary for
monitoring and satisfactory completion of the works.
j) Empanelment of the Contractors : The Project Architects shall examine and
recommend the select list of Contractors i.e. short listing of Contractors after
scrutinizing the applications received in response of the press notice for pre-
qualification of Contractors and inspection of some of the works done by
them, with the approval of the Bank, for inviting the tenders for various trades,
prepare comparative statements, highlight abnormally high / low rated items
and submit assessment reports and recommendations thereon to the Bank,
assist the Bank to conduct negotiations with the lowest tenderers where
necessary and after the Bank’s decision on the tenders, prepare contract
documents and get those executed by the concerned Contractors.
k) Supervision of the works at the site and Project Monitoring : It shall be the
responsibility of the Project Architects to supervise and ensure that the said
Project is being executed as per the plans, designs and specifications as
provided for in the contract agreements with the selected / appointed
contractor/s for the said Project, monitoring of the said Project, checking the
materials / works, getting various tests for materials and work done, checking
and correcting the measurements of the works, scrutiny of the Contractors’
bills and issuing payment certificates to the Bank, based on the provisions in
the respective contractors.
l) External Developments: Project Architects shall have to prepare Landscape
drawings/Designs/Specifications and Tender documents up till the scheme is
finally accepted and executed at the project site.
m) True Copies of Contract Documents: To prepare for the use of the Bank,
Contractors and the Site Engineers, if appointed by the Bank, six copies of
the contract documents of various trades, including all drawings, working
drawings, specifications and other particulars and such further details and
drawings as are necessary for the purpose of execution of the said works
including without limitation checking and approval of drawings submitted by
the Contractors.
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n) Responsibility as Project Architects: To assume responsibility for the
correctness of all the estimates, structural and foundation designs and
drawings and for all services and installations and soundness of the
construction accordingly to the said designs and specifications. To assume
full responsibility for the critical site supervision, checking of 100%
measurements, certifications of Contractors’ bills and ensuring proper and
timely execution of the said Project by following up the matter closely with the
other Consultants appointed by the Project Architects, controlling the cost
within the financial sanctions accorded by the Bank, and advising the Bank on
all the financial and technical aspects of the Project.
o) Checking & Certification of Contractors’ bills : The Project Architects shall
scrutinize the running account bills of the Contractors after detailed checking
of measurements and submit to the Bank within two weeks from the date of
the receipt of the said running bill by them from the concerned Contractor,
along with their certificate for the due payment against the said running bill. In
case there is a provision for adhoc payment against R.A. Bills in the
Agreement with the Contractors, the Project Architects shall have to issue
certificate, in Adhoc payment to the Bank within 6 working days from date of
receipt of the R.A. Bill.
p) Building Completion Certificate: Obtaining final building completion certificate
and securing permission of Municipal Corporation or other authority like Agra
Development Authority (ADA) for occupation of the building and obtaining
refund of deposits, if any, made by the Bank to the Municipal Corporation or
other authority like ADA. The Project Architects shall be responsible for
obtaining all other NOCs like those of Fire, Aviation and any other
departments / offices of Govt. / Semi Govt. / Public Bodies in connection with
getting approvals to the plans, commencement of works, completion of works
etc with coordination of project contractor.
q) Providing drawings, carpet areas etc. as required by the Municipal Assessor
& Collector or any other authority in connection with the settlement of the
ratable value of the building/s and advising the Bank in the matter.
r) Any other Architectural service required by the Bank for the said Project for
properly and timely completion but not included in any of the items referred to
above.
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s) Liquidity Damages / Penalty: If project delay due to architects,
penalty will be imposed @ 0.5 % per week subject to maximum
limit of 10% on their total actual payable architect fee.
t) Cost Tracking and Cost Controlling : The Architects shall ensure to keep strict
control on the cost by –
i) Avoiding creation of extra / deviation items.
ii) Avoiding time overrun.
iii) Close monitoring of the cost during progress work and
iv) Advising the Bank about the cost controlling measures from time to
time.
2. CONDITIONS OF CONTRACT :
a) The Project Architects shall submit to the Bank the sketch plans, detailed
plans, cost estimated with rate analysis, tender documents etc. within the
period stipulated in the schedule hereto annexed.
b) During the preliminary stage, the Project Architects shall visit the site, collect
all the relevant data, take site particulars, ascertain local authority’s building
bye-laws, prevailing prices etc. and forward the same to the Bank also. The
Project Architects shall arrange for necessary soil investigations like trial
bores or test pits, load bearing tests or other soil tests, as may be required,
and submit their report to the Bank. The cost of carrying out soil
investigations and various soil tests shall be borne by the Bank separately.
c) The Architects shall prepare a comprehensive programme (Master Control
Chart) of work in consultation with the Bank and other consultants, and
arrange to have the said Project completed in an expeditious manner and in
accordance with the programme drawn up. For this purpose, the Architects
shall attend weekly/fortnightly joint meetings of the Bank with all the
Consultants, Contractors / Sub-Contractors, and to prepare the minutes of the
discussion / instructions at such meetings with a view to co-ordinate the work
of the various Contractors / Sub-Contractors so as to avoid delays.
3. JOINT PROJECT COMMITTEE :
The Bank shall constitute a Joint Project Committee (hereinafter referred to as JPC)
for assessing and reviewing the progress of the said Project at the project site at least once
in a fort night, to issue instructions or directions from time to time to the Project Architects,
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his other Consultants and Contractors engaged in the execution of the said Project. At least
one of the Directors / Partners of the Project Architects and Project Architect’s Consultants
will have to participate in this Committee regularly.
The Committee shall have the meetings of BOI officials, Project Architects and the
concerned Contractors / Consultants at such regular intervals or as frequently as
may be necessary and the Project Architects shall have to record and circulate within
three days, the Minutes of discussions and decisions of the Bank for implementation /
information, as may be applicable to all concerned.
4. Besides, the day-to-day supervision, the programming of the works and
co-ordination of various activities, quality control, measuring and
recording the quantities of items of works, their correctness, ensuring
that the work is being executed as per tender specifications and
drawings, pointing out of any discrepancy therein forthwith to the Bank
and to issue necessary clarifications / instructions to the Contractors
after taking the Bank’s consent shall be the responsibility of the Project
Architects and it will also be the responsibility of the Project Architects
to vigorously follow-up with the Contractors to ensure quality work
within the time stipulated and as provided in the Agreement.
5. The Project Architects shall exercise all reasonable skill, care and diligence in the
discharge of duties and shall exercise total superintendence and supervision in
regard to the said works. In the event of their finding out / observing any lapses or
deviation, they shall immediately take necessary action against the Contractor as per
the provisions made in the accepted tender/s. The Project Architects’ responsibility
will continue even during the defect liability period to see that the defects, if any, are
removed by the Contractors and they shall give a ‘CERTIFICATE’ at the end of the
satisfactory completion of the defect liability period for refund of the balance retention
money to the Contractors.
6. BANK’S APPROVALS FOR DEVIATIONS / EXTRA WORK :
The Project Architects shall not make any deviation, alteration, omission from the
approved design / plans or specifications without the written consent of the Bank.
The Project Architects shall not also undertake, execute or carry out any variations or
extra items of works. All variations and extra items allowed within the discretion of the
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Project Architects as well as the amount authorized shall also be referred to the Bank
together with the reasons for making such deviation and by furnishing an analysis of
the extra cost involved thereby. All orders given by the Project Architects for any
authorized deviations from the contract documents shall be in writing. In case any
additions or variations are carried out by the Contractors under Project Architects’
instructions without the prior approval of the Bank, the Bank shall not be liable to pay
the Contractors for such additions and variations and Project Architects shall alone
be responsible for such additions and variations and Project Architects shall alone be
responsible for the expenditure. The Project Architects shall also not be entitled to
claim fees for such additional or deviated items of work unless specifically ratified by
the Bank.
7. SITE VISITS OF THE SENIOR ARCHITECTS / THE PROJECT ARCHITECTS’
ENGINEER IN-CHARGE :
During the progress of work, the Senior Architects / the Project Architects’ Engineer
in-charge of the said project shall visit the site at least two days in a month or as
more frequently as may be necessary to see the quality and progress of the work and
get fully satisfied that the works are being done at site as per the plans / designs and
specifications and the same are not suffering for want of any drawings / details /
clarifications from their end. Further, they shall remain in touch with the Site Engineer
and ascertain from them whether any excess over sanctioned cost is anticipated and
/ or has already occurred. The Project Architects shall immediately report the same to
the Bank with justification and obtain Bank’s written approval thereto. Also, as and
when required, the Project Architects shall prepare a revised cost and time estimate
with reasons for the Bank’s approval.
8. MONTHLY REPORTING TO THE BANK :
The Project Architects shall take stock of the happenings and progress including
balance competition period and total outlay in case of each Contractor’s work once a
month, to ensure that the same are within the approved limits. They should apprise
the Bank timely if there are going to be hindrances or time / cost overruns and the
reasons and the extent thereof.
9. In addition to their own experts in their office, the Project Architects
shall, within the fees mentioned in the clause below, engage qualified
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Consultant as below with the prior approval of the Bank to assist the
Architects.
(i) Structural Consultants/Engineers,
(ii) Electrical Consultants/Engineers,
(iii) Sanitary and Plumbing/Public Health Consultants/Engineers and
(iv) Consultants for special installations like lifts, generators and fire
fighting installations, landscaping, Horticulture, energy and water
conservation systems, interior works etc.
to assist them in their works and provide them with necessary
information to perform their specialized work efficiently. Consultants /
Engineers appointed shall be paid by the Architects out of the fees paid
to them – Project Architects shall also be responsible for all the work,
actions, omissions etc. of any of his assistants / Consultants /
Engineers.
10. CERTIFICATION OF PAYMENTS OT THE CONTRACTORS IN THE BANK’S
APPROVED FORMATS :
The Project Architect shall instruct the Contractors to submit their bills only after joint
measurements of the works by and thereafter issue certificates for Payments in the
Bank’s approved formats, directly to the Bank (with an extra copy for the concerned
Contractor) for an ad-hoc / interim payment after accounting for retention and all
other recoveries to be made from the Contractors in the Bank’s prescribed format,
within six working days from the date of receipt of the running bill from the
Contractors. The Project Architects, after detailed and thorough scrutiny of the
running bill, may recommend the balance payment – within 2 weeks of the date of
receipt of the running bills of the Contractors, the joint measurements of the executed
works, alongwith the authorised engineers of the Contractors shall be recorded from
time to time soon after execution as also arithmetic calculations etc. shall be done
soon thereafter and except for summary of quantities under various items of the
works, the measurement work shall be updated on weekly basis so that the
recommendations from Project Architects on each running bill can reach the Bank
within the stipulated period. The Project Architects shall satisfy themselves of the
following while certifying interim or final payments:-
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A) That works disputed / rejected by the Project Architects or by the Bank and
the works not sanctioned by the Bank are not included in the Certificates for
payments.
B) The quantities are not in excess of the tender quantities beyond 5% for each
item unless justified suitably to the satisfaction of the Project Architects and
approved by the Bank.
C) The rates allowed are not more than tendered rates in case of completed
tender items and reasonable part rates in case of partly done items.
D) Various recoveries / deductions from the bills are properly and timely affected.
E) Deductions for up to date actual payments effected by the Bank / tax
deductions made / other recoveries made upto the last running bill in case of
each Contractor by the Bank are ascertained from the Bank and are given
effect in the running bill in hand so as to minimize further corrections at the
Bank’s end.
F) Various insurance covers are obtained and kept valid till the completion of the
said Project by the Contractors before giving certificate for payment to the
Contractors.
11. In the case of payment of Final bills of various Contractors in respect of said works,
the Project Architects shall certify the payment or otherwise of the same, within TWO
months in case of contract of the value exceeding in all cases. No adhoc payment
shall be allowed / recommended / certified by the Project Architect final bills unless
specifically requested by the Contractor and approved by the Bank in advance. While
certifying the final bill for payment in each case, the Project Architects shall go
through the final bills, aspects of completion period, time extension, liquidated
damages, quality of work, defects, if any, to be rectified, retention / S.D., as-built
drawings, layouts and services, site cleaning water / electric connections, NOCs of
fire dept. occupation certificates etc. defects / irregularities, if any, pointed out by the
CTE /Vigilance before forwarding the same to the Bank. If necessary, they may ask
for clarifications from the Contractors on such aspects before certification of the bill.
12. Project Architects shall take all necessary precautions and perform all other duties
before and during the progress of the said project so as to reach satisfactory
completion of the said project within the time frame and determining all the claims of
the Contractors including those due to fault or delays caused by the Project
Architects or their staff, which will have to be made good by the Project Architects, as
their own responsibility as per the Indian Contract Act.
Page 22 of 30
13. In case the Bank requires the Project Architects to go out of Agra City for discharge
of any of their duties enumerated in this agreement such as approval of materials
samples, workmanship, etc. the Project Architects shall be entitled to travelling and
daily allowance permissible as under :-
Senior Directors / Partners and Senior Consultants: Actual travelling charges
and lodging plus boarding charges at par with the Asst. General Manager of
the Bank.
Other Engineers / Architects: Actual travelling expenses for 2AC rail fare +
lodging & boarding charges at par with the Senior Manager of the Bank.
14. Whenever the work is examined by some other authorized agency such as the
Auditors / Inspection Department or the Chief Technical Examiner of the Central
Vigilance Commission, the Project Architects shall have to co-operate with them to
examine the project works closely and if such agency brings to the notice of the Bank
any defective or substandard work or any irregularity / excessive payments, the
Project Architects shall get the defects rectified and / or recover the irregular
payments and report back to the Bank after compliance. The Project Architects shall
assist the Bank to send suitable replies to the Auditors, inspectors or the Chief
Technical Examiner’s queries etc. in the shortest possible time.
15. The Architects shall not, for whatsoever reason, object to appointment of the site
engineer by the Bank for monitoring of the said project at the site and assisting the
bank in scrutiny of the recommendations, reports plans, estimates etc received from
the Architects with a view to expediting the decisions in the matter at the Bank’s end.
It is necessary that the architect and site engineer work jointly as a team in good
sprit with a view to get the said project in time in best possible manner and efficiently.
Appointment of site engineer by the Bank and their presence at site and their
involvement in the work shall not absolve the Architects in any manner from their
responsibilities. The role of the site engineer will be as an agent of the Bank
employed for assisting the Bank for efficient execution of the project of site.
16. DISPUTES :
In case of any disputes with the Contractor(s) or disputes arising out of the said
project execution as well as in the matter of arbitration (either initiated by the
contractors or the Bank) pertaining to this project, the Project Architects shall assist
Page 23 of 30
the Bank from time to time by drafting suitable replies in consultation with the legal
advisers and other consultants and shall have to protect the interest of the Bank.
17. AS BUILT DRAWINGS :
After checking the as-built and shop drawings prepared by Contractors, the Project
Architects shall, on the completion of the work, supply to the Bank free of cost three
(3) complete sets @ 1 : 100 scale as “As-Built drawings” (one of which shall be in
tracing cloth), two complete sets of structural drawings and two sets of drawings
sufficiently showing the flow lines of water and drainage pipes, fire fighting
installations, electrical installations and other essential services and also an inventory
of all fittings and fixtures in the building. The Project Architects shall, if so required by
the Bank, supply further extra copies of all such drawing and a reasonable cost of
such extra copies shall be reimbursed by the Bank to the Project Architects.
18. ORIGINAL DOCUMENTS OF APPROVALS / SANCTIONS :
Project Architects shall forward all original tracings, original approvals / NOCs of
various authorities to the Bank as soon as those are received by the Project
Architects. All such originals shall remain with the Bank as the property of the Bank.
19. VALIDITY & TERMINATION OF CONTRACT :
This agreement shall be effective from the date of award the work to architect and
shall remain valid upto whole construction period (Up to defect liability period) unless
terminated by the competent authority.
a) The agreement herein may be terminated at any time by the Bank normally
by giving a written notice of one month to the Project Architect. However, in
case of exigency, Bank shall have the right to terminate this agreement with
immediate effect. Even after the termination of their assignment, the Project
Architects shall remain liable and shall be responsible for their prior works /
supervision of works and certification / approval of any bills submitted by the
Contractors at any time, in respect of the work executed before the
termination of the Project Architects’ appointment and consequences thereof
on account of any wrong or bad work, excess / wrong payment, if any,
recommended by the Project Architects for payments to the Contractors. The
Project Architects shall be entitled to terminate this agreement by written
notice of three months to Bank only in the event of failure of Bank to make
payment of any undisputed amount within 90 days of Demand.
Page 24 of 30
b) If the Project Architects shall close their business or the company stands
dissolved due to provisions, if any, in partnership agreement of the firm, or in
the event of death of one or more partners or become incapacitated from
acting as such Project Architects, then the Agreement shall stand terminated
at the discretion of the Bank.
c) i) If the Project Architects fail to adhere to the time schedule stipulated in the
schedule hereto annexed or the extended time which may be granted by
the Bank in his sole discretion, or
ii) In case there is any change in the constitution of the Company / firm of
the Architects for any reason whatsoever, the Bank is entitled to
terminate this agreement without giving notice and entrust the work to
some other Architects.
d) In case of termination under sub-clause a), b) or c) above, the Project
Architects shall not be entitled to fees or compensation except the fees
payable to them for the work actually done and accepted by the Bank within
the provisions in this agreement.
e) In case of the termination under sub-clause a), b) or c) above, the Bank may
make use of all or any of the original drawings, estimates or other documents
prepared by the Project Architects for the Bank.
20. TRANSFER OF INTERESTS :
i) The Architects shall not assign, sublet or transfer their interest in this
agreement without prior consent of the Bank.
ii) Whether Project Architects is partnership firm or a company, no change in the
Partners / constitution of Board of Directors of the Company shall be made
without the prior approval of the Bank.
21. PAYMENT OF FEES :
a) The Bank shall pay to the Project Architects as fees for the services to be
rendered by the Project Architects in relation to the said Project and in
particular for the services herein before mentioned, as calculated at the rate
of --------% (-------------------percent) of the cost of the project subject to upper
limit of Rs. ---------------lac. Plus service tax (as applicable)
Page 25 of 30
b) The Project Architects shall be paid fees referred to above in the manner laid
down in the following clause in respect of the preparation of plans, drawing up
of estimates, specifications, pre-qualifications of Contractors, calling of
tenders etc. up to the stage the work is done by them on the value of works
estimated by them initially or on the basis of approved tender for civil works
and services. However, the Bank shall be entitled to adjustments
subsequently on the basis of actual cost of executed works so that the total
fee payable to the Project Architects does not exceed the aggregate of the
percentages referred to in sub-clause (a) above on the value of the actual
executed works including variations due to increase or decrease in the scope
of the work authorized by the Bank. The Bank shall have the liberty to omit,
postpone or not to execute any work and the Architects shall not be entitled to
any compensation or damages for such omission, postponement or non-
execution of the work, except the fees which have become payable to them
for the services actually rendered by them.
22. MODE OF PAYMENT OF FEES TO ARCHITECT : Stages
I On submitting schematic drawings/designs
along with the preliminary estimated cost on
item rates basis and on approval of the
same by the Bank.
5% of the estimated fee based on agreed
estimated cost of related work subject to
ceiling of Rs.-------------
II On preparation and submission of building
and connected services, plans to statutory
bodies (ADA etc.) and scrutiny of the
applications for empanelment of the
Contractors and approval by the Employer.
Upto total 10% of the estimated fee based
on agreed estimated cost of related work
less payment made earlier and subject to
a ceiling of Rs.------------ for services
against (I) & (II).
III On approval of the building plans and
connected drawings from statutory
authorities and obtaining commencement
certificate for commencement of work at site.
Upto 20% of the estimated fees on agreed
estimated cost of related works subject to
a maximum of Rs ------------
IV To prepare detailed working drawings RCC
details and specifications of the various
items, item wise estimates of costs with rate
analyses of rates for the approval of the
Bank, preparation of tenders for various
Trades, preparation of structural and
Upto 30 % of the fees on agreed estimated
cost of related works subject to a
maximum of Rs. ---------------.
Page 26 of 30
various specialist’s services / design in form
of drawings and approval by AGRA DEV.
AUTHORITY and other authorities
concerned and forwarding the same to the
Bank.
V Inviting tenders in consultation with the
Employer, scrutiny and submission of
recommendations on the tenders received,
preparation of contract documents for
various trades.
Upto 35% of fees on estimated cost of
related works subject to a ceiling of Rs. -
-----------------------------
VI During the course of construction work
based on actual work / bills of the various
trade contractors including certification of
works and contractors bills.
Upto 65% of fees based on actual amount
of work done and certified for payment
subject to a maximum of Rs.-------------------
--
VII On completion of work and on obtaining
Occupation Certificate and other N.O.C.s /
Certificates required for water and Electric
connection and physical occupation of the
building and settlement of the bills of all the
contractors and the settlement of final bills of
the Architects fees to the satisfaction of the
Bank.
75% of the fees based on the value of
work subject to a maximum of Rs. -----------
------------------
VIII a) Submission of “As-built drawings” for
up to Stage VII above,
b) Up to award of interior work to
interior contractor including following
activity such as prequalification of
interior contractor, preparation of
plans, estimate, drawings, tender
documents etc. similarly as done for
civil works as above
80% of the fees based on the value of
work subject to a maximum of Rs. -----------
------------------
IX During the course of interior work based on
actual work / bills of the various trade interior
contractors including certification of works
and interior contractors bills.
Upto 95% of fees based on actual amount
of work done and certified for payment
subject to a maximum of Rs.-------------------
--
X issue of Certificate for refund of retention Full and final settlement subject to ceiling
Page 27 of 30
money / S.D.s of all Contractors (CIVIL+
INTERIOR) by the Architects on expiry of
defect liability period of 12 months and
replying all queries of CTE of CVC, if any,
raised before expiry of the D.L. period of all
contractors appointed on the said work by
the Bank, to the satisfaction of the CTE /
Auditors / Inspectors.
of Rs. ---------------------------------
Note :
(a) All the above payments of fees at various stages shall be subject to adjustment of
recovery, if any.
(b) In case this agreement is terminated in pursuance of Clauses above, the fees shall
be paid to the Project Architects for the actual services rendered and accepted by the
Bank and as per the stages referred to in this clause and subject to the other
provisions about recoveries etc. as provided for elsewhere in this agreement.
(c) All persons engaged by the Project Architect for carrying out their duties in respect of
the said Project would be deemed to be Project Architect’s employees for all
purposes and they shall make regular and full payment of wages etc. to their
employees for all purposes. No liability/responsibility whatsoever on account of
persons engaged by the Project Architect is attributable to the Bank.
(d) The Project Architects should be fully and exclusively liable for the payment of
wages, P.F, Leave etc for the personnel deployed for the said project and shall
comply with the provisions of the related Statutory Acts, Rules and Regulations as
applicable to the performance of the work by them. The Bank shall not have any
liability towards noncompliance of any of the laws by the Project Architect which may
be applicable in this regard. The personnel of Project Architect under no
circumstances will be treated as employees of the Bank and they will be employees
of the Project Architect and the Bank shall have no liability whatsoever concerning
the persons employed by the project Architect for the said Project.
23. DELAYS, RESPONSIBILITY & RECOVERIES FROM FEES :
If the construction work after appointment of the Contractors gets delayed and the
appointed Contractors disagree to bear liquidated damages levied for the same as
per the provisions in the agreements between the Bank and the Contractors, on
admissible grounds that such delay was solely due to non-receipt of detailed
architectural / structural drawings and / or any further clarifications from the Project
Page 28 of 30
Architects, the Project Architects shall be liable to make good the losses suffered by
the Bank because of the lapse on the part of the Project Architects. Similarly, if the
works done as per the Project Architects’ earlier architectural / structural drawings
are required to be altered / demolished because of mistake of the Project Architects /
their consultants, the Project Architects shall be liable to bear the in fructuous cost of
the work required to be so altered / removed (including removal / alteration cost). In
the event the Project Architects fail to discharge their duties diligently and delays are
caused due to their negligence or if they do no co-operate and the work is not
completed within the agreed time frame, they shall be liable to make good the
damages suffered by the Bank without prejudice to the Bank’s other rights to
terminate the agreement and pay such fees, which at discretion of the Bank, are
required to paid at the time of termination, if any, after adjusting the cost of damages.
24. The Project Architects shall closely follow-up and keep the account of the progress
made and arrange to solve drawing and design bottlenecks, if any, and clarify the
doubts / details, if any, required by the Contractors at site. If necessary, they can
write to the Bank about time lag in the works and suggest improvements / course of
action for Bank’s consideration.
25. ARBITRATION :
i) If any dispute, difference or disagreement shall at any time arise between the
Architects and the Bank as to the interpretation of this agreement or
concerning anything herein contained or arising out of this agreement or as
to the rights, liabilities and duties of the said parties hereunder, or as to the
execution of the said Project, except in respect of the matters for which it is
provided herein that the decision of the Bank shall be final and binding as
Project Architect, the same shall be referred to the Zonal Manager Amritsar
Zone of the Bank for settlement. In case the dispute / disagreement
continues, the matter shall be referred to the Arbitration and final decision of
the sole Arbitrator to be appointed by the both the parties after adopting and
following procedure as laid down in the Arbitration and Conciliation Act 1996.
ii) The work under the contract shall, however, has to continue during the
Arbitration proceedings or otherwise. No payment due or payable to the
Project Architects shall be withheld on account of such proceedings except
the disputed payment of fees on account of other provisions in this
agreement.
Page 29 of 30
iii) The Arbitrators shall be deemed to have entered on the reference on the date
he issues notice to both the parties fixing the date of the first hearing.
iv) The Arbitrator may from time to time, with the consent of the parties, enlarge
the time for making and publishing the award.
v) The Arbitrator shall give separate speaking (reasoned) awards separately in
respect of each issue / dispute or difference referred to him.
vi) Dispute in accordance with the terms of the contract and give a reasoned
award. The venue of Arbitration shall be at such place as may be fixed by the
Arbitrator anywhere within the Greater Bombay Municipal Limit.
vii) The fees, if any, of the Arbitrator shall, if required to be paid before the award
is made and published, be paid half and half by each of the parties.
viii) Subject to aforesaid, the provisions of the Arbitration & Conciliation Act 1996
or any statutory modification or reenactment thereof and the rules made there
under and for the time being to force, shall apply to the arbitration
proceedings under this clause.
This agreement executed on the day and year first written above.
In witness of this agreement, the parties hereto have subscribed their respective
hands hereto and on a duplicate hereof on the day and the year hereinabove first
mentioned.
Signed and delivered by within named M/s. ………………………. architects by the
hand of its Director for and on behalf of the Architects by their duly constituted
Attorney in the presence of
(……………………) Architect M/s……………………………., Address
1. Mr……………….
2. Mr. …………………..
Signed and delivered for and on behalf of
BANK OF INDIA by
in the presence of