appointment of architectural & project · pdf filethe apmc shall be required to consider...

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------------------------------------------------------------------------------------------------------------ KRCL (Signature of the Bidder) 1 TENDER DOCUMENT for APPOINTMENT OF ARCHITECTURAL & PROJECT MANAGEMENT CONSULTANTS (APMC) for Providing Architectural & Project Management Consultancy Services for development of Tourism Infrastructure at MADGAON. SPECIAL LIMITED TENDER NOTICE NO.KRCL/GM/BD/APMC/01 Dated:- 01.11.2013 KONKAN RAILWAY CORPORATION LIMITED (A Govt. of India Enterprise) Opposite Railway Over Bridge, Rawanfond, Navelim, Madgaon, Goa 403 707. Tel: 0832-2705268 Fax: 0832-2712793

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------------------------------------------------------------------------------------------------------------ KRCL (Signature of the Bidder)

1

TENDER DOCUMENT

for

APPOINTMENT OF ARCHITECTURAL & PROJECT MANAGEMENT CONSULTANTS (APMC)

for

Providing Architectural & Project Management Consultancy Services for development of

Tourism Infrastructure at MADGAON.

SPECIAL LIMITED TENDER NOTICE NO.KRCL/GM/BD/APMC/01 Dated:- 01.11.2013

KONKAN RAILWAY CORPORATION LIMITED (A Govt. of India Enterprise)

Opposite Railway Over Bridge, Rawanfond, Navelim,

Madgaon, Goa – 403 707. Tel: 0832-2705268 Fax: 0832-2712793

------------------------------------------------------------------------------------------------------------ KRCL (Signature of the Bidder)

2

To,

SPECIAL LIMITED TENDER NOTICE NO.KRCL/GM/BD/APMC/01 Dated 01/11/2013

Special Limited Tenders are invited by GM/BD/MAO for the under mentioned works from Architectural & Project Management Consultants (APMCs) empanelled by the Department of Tourism, Govt. of Goa under Category „A‟. The tenders shall be submitted on or before 02.12.2013 and the tenders will be opened on same day at 15:30 hrs. in the presence of those APMCs who choose to be present. Tender documents can be purchased on any working day during working hours from the office of General Manager(Business Development), Konkan Railway Corporation Ltd., Madgaon.

SN Description

Approx. Estd. Cost of

APMC work Rs. in Lakhs

Earnest Money (Rs.)

Contract Period

1

Appointment of Architectural and Project Management Consultants (APMCs) for development of Tourism

Infrastructure at MADGAON.

84.00

50,000/-

24 months(Inclusive of period of Const. of

the Project)

1. The cost of Tender form to be deposited in the form of Crossed DD from any

Scheduled Bank drawn in favor of “Sr. Regional Financial Advisor”, is Rs.2,260/- including VAT. Only those APMCs empanelled by the Department of Tourism, Govt. of Goa under Category „A‟ can purchase tender document from this office in person with requisition letter. If required by post an additional amount of Rs.300/- for each set will have to be sent along with the request for Tender forms sufficiently in advance. However, KRCL shall not be responsible for any postal delay. During the period of sale of tender, only APMCs empanelled by the Department of Tourism, Govt. of Goa under Category „A‟ can download the Tender Documents from the KRCL web site www.konkanrailway.com. The completed tender document may be submitted along with prescribed EMD. Those who have downloaded the document shall be required to enclose the prescribed cost of Tender Document in the format as above along with prescribed EMD. The cost of Tender form once paid is neither refundable nor transferable.

------------------------------------------------------------------------------------------------------------ KRCL (Signature of the Bidder)

3

2. EMD should be in the form of Demand Draft / Bankers cheque / pay order on any Scheduled Bank in favor of “Sr. Regional Financial Advisor” payable at MARGAO.

3. During the scrutiny of downloaded Bid document, if any modification/correction

etc. is noticed as compared to the original documents posted on the website, the Bid submitted by such a Bidder is liable to be rejected.

4. In case the Bid of a Bidder who has downloaded the document from website is

accepted, the contract shall be executed in the original/manual Bid document issued by KRCL.

5. Pre-bid meeting will be held with the bidders on 22.11.2013 at the office of

General Manager/Business Development, Madgaon at 11.30 hrs. The Tender documents can be purchased from the following address:

Office of the General Manager (Business Development), Konkan Railway Corporation Ltd., Opposite Railway Over Bridge, Rawanfond, Navelim, Madgaon, Goa – 403 707. Tel: 0832-2705268, Fax: 0832-2712793.

If the date of receipt or opening of tender happens to be declared as a holiday, the same shall be opened on the next working day at the same time and venue. The Tender submission and opening is only at KRCL office cited above.

General Manager/Business Development

KRCL/MADGOAN

------------------------------------------------------------------------------------------------------------ KRCL (Signature of the Bidder)

4

NOTICE INVITING TENDER

(Appointment of Architectural & Project Management Consultants - APMC) Special Limited Tenders are invited by GM/BD/MAO for the under mentioned works from Architectural & Project Management Consultants (APMCs) empanelled by the Department of Tourism, Govt. of Goa under Category „A‟. Sealed Bids in single packet system are invited by General Manager/BD/KRCL/MADGAON from reputed Architectural & Project Management Consultants (APMCs) empanelled by the Department of Tourism, Govt. of Goa under Category „A‟ and for providing Architectural & Project Management Consultancy Services as mentioned in Clause-3 of tender document for Development of Tourism Infrastructure at MADGAON at estimated project cost of Rs. 24 crores.

SN Description

Approx. Estd. Cost of

APMC work Rs. in Lakhs

Earnest Money (Rs.)

Contract Period

1

Appointment of Architectural & Project Management

Consultants(APMC‟s) for Development of Tourism

Infrastructure at MADGAON

84.00

50,000/-

24

months (Inclusive of period of Const.

of the Project)

2. Intending APMC can obtain the tender document from KRCL. through Office of

the General Manager (Business Development), Konkan Railway Corporation Ltd., Opposite Railway Over Bridge, Rawanfond, Navelim, Madgaon, Goa – 403 707, Tel: 0832-2705268 on any working day from 04.11.2013 upto 12:00 hrs. of 02.12.2013 (except Saturday, Sunday, & Public Holidays) on payment of non-refundable cost of Rs.2, 260/- (including VAT) for the above mentioned work in the form of Demand Draft on any Scheduled Bank in favour of Sr. Regional Financial Advisor payable at Margao on submission of their requisition during the period of sale of tender. The completed tender document may be submitted along with prescribed EMD. If required by post an additional amount of Rs.300/- for each set will have to be sent along with the request for Tender forms sufficiently in advance. However, KRCL shall not be responsible for any postal delay. During the period of sale of tender only pre-qualified APMC may at their option, download the Tender Documents from the web site www.konkanrailway.com. The completed tender document may be submitted along with prescribed EMD. Those who have downloaded the document shall be

------------------------------------------------------------------------------------------------------------ KRCL (Signature of the Bidder)

5

required to enclose the prescribed cost of Tender Document in the format as above along with prescribed EMD. The cost of Tender form once paid is neither refundable nor transferable.

3. EMD should be in the form of Demand Draft/Bankers cheque/pay order on any

Scheduled Bank in favor of Sr. Regional Financial Advisor payable at Margao 4. During the scrutiny of downloaded Bid document, if any modification/correction

etc. is noticed as compared to the original documents posted on the website, the Bid submitted by such a Bidder is liable to be rejected.

5. In case the Bid of a Bidder who has downloaded the document from website is

accepted, the contract shall be executed in the original/manual Bid document issued by KRCL. The cost of Tender form once paid is neither refundable nor transferable.

6. Bids duly completed in all respects along with the requisite amount of Earnest

Money in the form of Demand Draft on any Schedule Bank shall be received upto 15:00 hrs on 02.12.2013 at Office of the General Manager (Business Development), Konkan Railway Corporation Ltd., Opposite Railway Over Bridge, Rawanfond, Navelim, Madgaon, Goa – 403 707.

7. Bids will be opened at 15:30 hrs on 02.12.2013 in the presence of the Firms or

their authorized representatives at Office of the General Manager (Business Development), Konkan Railway Corporation Ltd., Opposite Railway Over Bridge, Rawanfond, Navelim, Madgaon, Goa – 403 707

8. Bids shall remain valid and open for a period of 90 days from the date of opening

of bid. In exceptional circumstances, prior to the expiry of the original time limit for Bid validity, KRCL may request the Bidder to extend the period of validity for a specified additional period. The request and the Bidder‟s response shall be made in writing. A Bidder may refuse the request without forfeiting his EMD. A Bidder agreeing to the request will not be required or permitted to modify his financial Bid.

9. In case of any discrepancies, the provisions of this Bid Notice shall take

precedence over all other bidding documents. 10. The bid documents are not transferable. The bidders are required to put the bid

in Bid box personally or through their authorized representative. However, bid in sealed condition shall also be received by post/courier, provided that the bid is delivered before the stipulated Date and Time in the office of the General Manager (Business Development), Konkan Railway Corporation Ltd., Opposite Railway Over Bridge, Rawanfond, Navelim, Madgaon, Goa – 403 707. KRCL shall not be held responsible for the delay, if any, on account of late delivery or non – receipt of the same.

------------------------------------------------------------------------------------------------------------ KRCL (Signature of the Bidder)

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11. The sealed envelopes shall be super scribed by the Tender Number and name of

work along with the Category. 12. Copy of empanelment letter issued by Department of Tourism, Government of

Goa, to be enclosed while submitting the bid document. 13. In case the date of opening of the bids as mentioned above is declared to be

closed holiday, the bids shall be received and opened on the next working day at the same time & venue.

14. All tenders in which any of the prescribed conditions is not fulfilled nor any

required document is not enclosed, the bids shall be summarily rejected. 15. KRCL does not bind itself to accept lowest or any other bid and reserves the right

to reject lowest or any other bid or all the bids and accept any bid either in the whole or in part without assigning any reason whatever.

General Manager/Business Development

KRCL/MADGOAN

------------------------------------------------------------------------------------------------------------ KRCL (Signature of the Bidder)

7

TENDER DOCUMENT Appointment of Architectural & Project Management Consultants (APMCs) for providing Comprehensive Architectural & Project Management Consultancy Services for development of Tourism Infrastructure at MADGAON.

Introduction The APMC shall be required to consider the existing site conditions and KRCL's requirements while designing the buildings and services. The buildings and services will be designed keeping in view the requirements of the Ministry of Tourism, Govt. of India, National Building Code 2005, IS: 1893 (latest edition) and other applicable standards etc. will form the part of the proposed structure. 1.0 Definitions

1.1 “Employer”

Employer shall mean the KRCL and shall be represented by GM/BD/KRCL/MAO or his/her representative.

1.2 “Architectural & Project Management Consultant” or “APMC”

“Architectural & Project Management Consultant” or “APMC” shall mean the Architectural & Project Management Consultants firm/company appointed in connection with the work to discharge its duty as per the scope of services. It shall be represented by their executors, administrators, successors and permitted assigns.

1.3 Engineer-in-Charge

The engineer-in-charge for this project shall be General Manager/BD/KRCL, Madgaon or his representative.

1.4 Local/Statutory Bodies:

Local Development Authority By-Laws, Town and Country Planning Department, Department of Fire service, Department of forests, Pollution Control Board Clearance, Environmental Assessment Authority State Level Clearance etc. shall come under the domain of local/statutory bodies, which are related with approval and sanction of master/development plans, building plans, occupancy sanction etc.

------------------------------------------------------------------------------------------------------------ KRCL (Signature of the Bidder)

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2.0 Instructions to Bidders 2.1 Technical Bid

(A) Declaration of the Bidder as per Proforma 1. Even though the Bidders may meet the qualifying criteria, they are subject to be disqualified if they have a) Made misleading or false representation in the forms, statements and attachments in proof of the qualification requirements. In such a case, the Bidder is liable to be declared ineligible for a period upto 3 years, to submit Bid for any contract in KRCL. b) Records of poor performance such as abandoning the work, not properly completing the contract, inordinate delays in completion, litigation history or financial failures etc. c) Their business banned by any Central/State Government Department/ Public Undertakings or Enterprises of Central/State Government. d) Not submitted all the supporting relevant documents or not furnished the relevant details as per the prescribed format.

e) A declaration to the above effect in the form of affidavit on stamp paper of Rs.200/- duly attested by Notary/Magistrate should be submitted as per format Given in Proforma 1 enclosed.

2.1.2 SUBMISSION OF TENDER 2.1.2.1 Single Packet System: Each page of the tender document should bear the initials of the Applicant

along with date in token of confirmation of having understood the Contents, should submit the „Declaration of the Bidder as per Proforma 1‟ on Rs. 200/- Stamp Paper and should quote the rate in the format of the financial Bid i.e. Annexure–I. The completed document along with the EMD must be submitted in sealed envelop in person or by registered post, super scribing the envelope as below:

------------------------------------------------------------------------------------------------------------ KRCL (Signature of the Bidder)

9

Name of the Work:-

Appointment of Architectural & Project Management Consultants (APMCs) for Providing Architectural & Project Management Consultancy Services for Development of Tourism Infrastructure at MADGAON”.

Tender Notice No.: SPECIAL LIMITED TENDER NOTICE No.KRCL/GM/BD/APMC/01 dated 01.11.2013

2.2 Financial Bid 2.2.1 The financial Bid shall include all the expenses for completing the assignment as per Scope of Service under Clause – 3. 2.2.2 APMC shall quote the rate in the format of the Financial Bid i.e. Annexure – I. 2.2.3 The APMC has to quote his rate as percentage of the estimated cost of the project in figures and words. In case of discrepancy between the quoted rate in figure and words, the rate quoted in words shall be taken into account.

2.2.4 The fee quoted by the APMC shall be exclusive of service tax but inclusive of all other taxes (statutory or else). APMC shall raise invoice for each bill showing separately the Bill amount and Service Tax thereon. 2.3 Forfeiture of Earnest Money Deposit (EMD):

KRCL shall without prejuidice to any other right or remedy have also the right to forfeit whole of the EMD of the Bidder in case- i) In case the Bidder withdraws his bid within the validity period or makes any

modifications in the terms and conditions of the bid which are not acceptable to KRCL/owner.

ii) In case the APMC fails to commence the work specified in the bid document

by the date mentioned in the letter of Award or any documents submitted by the bidder found false.

iii) In case it is found that the Bidder/APMC submitted fake document/suppressed its black listing.

2.4 The last date of submission of Bid is upto 15:00 hours of 02.12.2013 at the

Office of the General Manager (Business Development), Konkan Railway Corporation Ltd Opposite Railway Over Bridge, Rawanfond, Navelim, Madgaon, Goa–403 707.

------------------------------------------------------------------------------------------------------------ KRCL (Signature of the Bidder)

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2.4.1 If the last date of submission happens to be a holiday, the Bids shall be submitted

on the next working day at same time and venue.

2.5 The EMD of the unsuccessful Bidders shall be refunded within 30 days from the date of award of work to successful Bidder.

2.6 Qualification of Bidders :

2.6.1 If the Earnest Money furnished is not for the stipulated amount or is not in an

acceptable form the remaining tender document will be returned to the tenderer concerned at the time of opening of the Tender itself. The tenderers who have furnished Earnest Money in acceptable form, then KRCL will announce the renderer's name, the presence of Earnest Money, the Authority to Sign the Tender, amount quoted and such other details as KRCL may consider appropriate. If Bidder fails to submit the „Declaration of Bidder‟ as per Proforma 1 on Stamp Paper then his tender will be disqualified and will not be considered for financial evaluation.

3.0 Scope of Services

3.0.1 The Brief

3.0.1.1 Konkan Railway Corporation Ltd, a Government of India Undertaking, invites tenders from experienced, established and resourceful Architectural & Project Management Consultants firms (Hereafter referred to as APMC‟s) for the purpose of preparation of Detailed Project Reports (DPR/Feasibility Reports, Master Plan for development of tourism related infrastructure for the Konkan Railway Station at Madgaon, Goa.

3.0.1.2 The Consultants are expected to study tourism inflow, identify tourist

infrastructure requirements and should also include improvements to surroundings, parking, etc., that can be developed in the properties of the Konkan Railway Station at Madgaon, Goa in association with Konkan Railway Corporation Ltd. and prepare required DPR / Feasibility Report / Master Plan to conceive and realize the Projects after approval from Central / State Government from concept to commissioning.

The Broad scope of services to be performed by the Architectural firm / company

is detailed below:

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3.0.2 Scope of Works of the Consultant

SN Activity Activity of Services

I Surveys The Consultant shall on appointment, shall take a qualitative and

quantitive brief from the Konkan Railway Corporation Ltd on the

requirements. In the event the brief requires carrying out statistical

data surveys or land/contour surveys the same shall be carried out

by the Consultant at his cost.

Ii Concept Sketch Design

Based on the data collected/ furnished, the Consultant is to

prepare a sketch design of the proposal which shall be in

conformity with the local building bye laws, zoning regulations etc.

The same shall be discussed and finalized with Konkan Railway

Corporation Limited and the stake holders.

Iii Deta i led Project Report (DPR)

Based on the approved sketch/ concept plan, the consultant shall

prepare a DPR for the proposed project/Work. The DPR shall

consist of a background of the state and Konkan Railway, its

tourism potential, the need for the project, its suitability, along

with the analysis of site, explaining the concept sketch. The DPR

shall further include preliminary drawings, cost estimates based

on plinth area of KR Unified Schedule of Rates (KRUSSOR)/Goa

Schedule of rates (GSR) for various works that are to be incurred in

the execution of the project, ie Civil, Electrical, HVAC, Landscape,

Land development, mechanical etc.

Iv Sanctions/ Approvals

The Consultant shall assist the Konkan Railway in,

1. Presenting the project to the Central funding authorities with audio visual presentations, drawing aids, 3D views animations, etc.

2. Submitting, revising/ adding and giving alternate proposals. 3. Obtaining the approval of Ministry of Tourism, Govt of India/

State Govt and also the sanction of Central Finance Assistance ( CFA/ STATE FINANCIAL ASSISTANCE)/ state funds as may be permissible under the rules.

v Project Implementation

1. On approval of the DPR and sanction of CFA/ STATE FINANCIAL ASSISTANCE, prepare the drawings for approval from statutory bodies such as Town Planning (TCP), planning development authorities (PDA‟ s), Municipalities or Panchayats as the case may be, and assist the Konkan Railway to obtain construction licenses from these bodies if required

2. Prepare Detailed Presentation drawings, with 3D views, Walk thorough of the elevations, facilities provided etc, for better understanding of the project and seek approval of the Konkan Railway and stake holders.

3. Prepare detailed working drawings as required for the execution of the project, specifications and estimates based on KR Unified Schedule of Rates (KRUSSOR)/ Goa Schedule of

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SN Activity Activity of Services

Rates ( GSR) on bill of quantities that are accurate and do not deviate more than five percent during actual construction. Preparation of tender documents, conditions of contract which are in compliance with the KRCL General Conditions of Contract (GCC) or otherwise as advised by the Department.

4. To assist the Konkan Railway Corporation Ltd. in prequalifying the Contractor (if required) and printing and issuing tenders to the Contractors. On receipt of the tenders, scrutinize the documents submitted by the Contractors and give a report with recommendations to the Department on award of work.

5. On award of work, issue drawings (minimum 3 sets) to the Contractor and the Konkan Railway. A soft copy of the drawings should also be submitted to Konkan Railway. Ensure that necessary information is provided to the Contractor to ensure smooth and timely completion of work.

6. During execution phase, the APMC shall adequate sets of all good for construction drawings (structural, architectural, services etc.) of all the structures i.e., buildings and services structures like drainage, sewerage, water supply, roads, horticulture, external electrification, rainwater harvesting etc. to KRCL as per schedule

7. Co-ordination drawing may also be required during execution of the work to ensure integrated construction of all the components. It is the responsibility of the APMC to prepare the additional drawings required for the proper execution of the work, which may be visualized during construction work

8. KRCL may review the work carried out by the APMC at architectural planning, detailed engineering or at any pre-constructional stage to get satisfied with the standards and procedures adopted by the APMC. It shall be the responsibility of the APMC to make available the concerned documents to KRCL on demand

9. All the approved drawings from local / statutory authorities shall be the property of KRCL

vi Project Management Consultancy

1. The Project M a n a g e m e n t C o n s u l t a n c y w i l l b e a p a r t o f the Architectural/ Engineering services or could be a separate consultancy in itself, unless otherwise specified. Under this service the following services will have to be provided.

2. Deployment of competent and experienced Engineers/ Architects on site to supervise the works on daily basis, for smooth, efficient, expeditious and accurate execution of work.

3. . Ensure quality of works are maintained by ensuring all materials brought and used for construction are checked and proper records and log books are maintained.

4. Ensure daily labor and material records are maintained on site. 5. Ensure daily/ weekly joint measurements are recorded as per

KRCL norms. 6. Bills of contractors are certified and certificate of payment issued

to the Department after verifying the conditions of contract,

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SN Activity Activity of Services

specifications and the tender conditions. 7. Prepare a CPM/ PERT chart with use of Primavera or MS

projects and monitor the project accordingly. 8. Prepare monthly progress report in prescribed format to the

Department. 9. Prepare a financial outflow for the Department and render full

assistance to the financial consultants as directed by the Department.

10. Certify Final bill of the Contractor and prepare an excess/ saving statement with justifications for perusal of the Department.

Vii On Completion Of The Work

1. On completion of the work issue completion certificate and prepare drawings for the competent authorities to apply for occupancy certificates and assist the Department to obtain the same if required.

2. Prepare as build drawings of the project and submit one set of Hard copies and a soft copy of the same.

3.1 Incidental Services

3.1.1 The broad scope of services is classified in terms of activities at clause No. 3.0.

The entire incidental services related with the activities shall be deemed included in the scope of services. No extra payment shall be made for the incidental services.

3.1.2 Revision of drawing and designs shall be made by the APMC as and when

required by KRCL or any statutory body. No payment shall be made for any revised drawing prepared by the APMC.

4.0 Time for completion

4.1 The validity of the contract will be 24 months (Inclusive of period of Construction of the Project) from the date of issue of Letter of Acceptance.

4.1.1 The time period for completion of DPR in all respects as per the guidelines of the

Ministry of Tourism, Govt. of India is 45 days.

------------------------------------------------------------------------------------------------------------ KRCL (Signature of the Bidder)

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5.0 Conditions of Contract (CC)

5.1 Standards of services

5.1.1 The project has to be designed as per norms of Ministry of Tourism, Government of India, to avail Central Financial Assistance from Ministry of Tourism; Government of India.

5.1.2 APMC‟s should have experience in preparing DPR‟s to avail Central Finance Assistance from Government of India. 5.1.3 The APMC shall be responsible for the correctness and technical merits of its design, calculations, drawings and all other documentation prepared by it in carrying out the services. 5.1.4 The APMC shall ensure that qualified and experienced staff are employed in sufficient number and that accurate, consistent, clear and easily read drawings and documents are produced in time. 5.1.5 The APMC should be conversant and comply with the provisions and procedures covering standards and codes, while preparing drawings, estimate and calculations under this contract for various usages.

5.2.1 Standards and codes

The standards and codes referred to in the design criteria, drawings, outline specifications and documents as per the prevailing standards for all structural items as applicable and wherever appropriate, shall be quoted on drawings and other documents by it.

6.0 Extent of Information

The designs and documentation produced by the APMC shall provide sufficient information and details to determine accurately the extent of the works during the execution.

Tender and contract Drawings, Specifications and other information produced by

the APMC for construction, revisions of such documents, shall be submitted to KRCL, in sufficient time for review and further issuance of comprehensive package to the contractor. The APMC shall ensure that these documents are produced in a timely manner such that the Executing agency is able to plan and execute its works in accordance with the contract.

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7.0 Calculations

Calculations shall be prepared according to the best professional standards and compiled into sets that relate to particular aspects of design.

8.0 Errors in estimate

The detailed estimate should be accurate as per the drawings. In case of any error or major discrepancy by way of improper grouping of work items from the tender drawings, noticed during the course of execution of work for which the contractor prefers any claim, then the APMC shall be held responsible for such error or discrepancy and the claim amount which may be due and required to be paid to the contract shall be recovered from the APMC subject to the maximum of total fee payable to the APMC.

9.0 Proof checking of Structural design

9.1 The purpose of checking shall be to ensure accuracy and consistency, stability and soundness of the structure as well as compliance with current requirements,

standards, codes and other requirements of this project. Certification of such a check has been carried out shall be obtained from proof checking agency and issued to KRCL at the time of submissions.

9.2 APMC should select proof checking agency from IITs, NITs, or any other reputed

Engineering Colleges/ Technical institutions, who are competent to take up such proof checking. However, prior approval of KRCL for such agencies shall be required for proof checking. The expenditure for Proof checking shall be borne by APMC.

9.3 APMC‟s shall be responsible to take approval from proof checking agency to certify

the design and final execution drawings for onward issuance for execution. 9.4 APMC shall extend full co-operation and assistance in proof checking the detailed

design and other design data developed by him.

10.0 Responsibility

Notwithstanding acceptance by the KRCL, the APMC shall remain responsible for

the quality of the deliverables, as per clause 3.0 11.0, 12.0 & 18.1 under this agreement.

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11.0 Certification

A certificate shall be signed and issued to KRCL by Head of the APMC stating that

all drawings and documents have been checked and approved in accordance with all standards of codes and norms.

12.0 Durability and Maintenance The design shall ensure, by means of the appropriate choice of structural forms,

details and materials, that the structure shall remain in serviceability condition over its life, with due regard to its location and the environmental and climatic conditions prevailing. Materials and details having a proven record of durability in similar conditions shall be used.

13.0 Performance

Notwithstanding any review of its organization structure, staff or manning schedule, the APMC shall remain wholly responsible for providing the services. If, in the opinion of the KRCL Officers, the progress of the performance of the APMC‟s work is seen at any time to be inadequate to meet those requirements, the APMC shall take necessary steps to improve them on being them so noticed. If within a reasonable period the APMC has not improved its progress or performance, the officer of KRCL may, by written notice, require it to take additional measures, including changes in its organization, at no additional cost to KRCL. Such notice shall in no way be deemed to constitute a waiver of KRCL‟s rights to terminate the agreement by reason of the APMC‟s breach of contract. Failure by KRCL to issue such a notice shall not relieve the APMC of its obligation to achieve the required rate of progress and quality of work.

14.0 Performance Guarantee Successful bidder is required to submit 5% of the bid amount as performance

guarantee within 21 days of issue of Letter of Award. The performance guarantee shall be in the form of FD Receipts or Guarantee Bond / BG – as per the Proforma at Annexure – IV of any Schedule Bank. This will be released after completion of the project.

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15.0 Mode of Payment Payment will be made in stages as under at a percentage of the total cost of the

project as quoted by the bidder as the Financial Bid in Annexure (I).

1. Payment on submission of the DPR and acceptance and administrative

approval of the same by KRCL (FIXED).

2. Payment on approval of Central Financial Assistance by Ministry of Tourism, Government of India.

3. Payment on submission of the Tender documents including all architectural

drawings, structural drawings, specifications and detailed estimates of the project. 4. Payment on execution of work as per P.M.C scope of work will be on the basis of

contractor payment released. 5. Payment after certifying the completion of the building(s)/ project

16.1 The estimated value of the work shall be taken into account for calculating the stage payment to the APMC on percentage basis. The fee shall be accounted for conclusively after the gross value of the work is established based on final bill to the contractors including cost of materials if provided by KRCL for the said work. Overpayments, if any, made will be recovered.

16.2 The statutory deduction i.e., income tax or other applicable taxes shall be deducted

from the APMC‟s bill as per extant rules.

16.3 The above stage payments will be made provided that the APMC has planned and supervised the work relating to the same.

17.0 Obligation of APMC

17.1 It is responsibility of the APMC to plan and design the project based on standard engineering practice.

17.2 APMC shall carry all modifications as desired by KRCL. 17.3 APMC shall provide detailed computations and back – up of structural design sheets

to KRCL.

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17.4 APMC shall provide all drawings & designs on Auto CAD, STADD – Pro or any relevant computer program. Copy of final design/drawings shall be made available to client/owner in soft copy also.

17.5 All structural designs shall be got proof checked by the APMC. Nothing extra shall be

paid on this account. The structural drawings and the calculation sheets shall be signed and verified by the proof-checking agency.

18.0 General

18.1 Adequacy of Design

The Services to be rendered by APMC shall be based on latest National Building

Code amended up to date, relevant applicable codes, sound engineering practices and should meet the requirements of the Ministry of Tourism, Government of India for availing Central Financial Assistance. Major decisions and specification shall be reviewed by KRCL to the extent desired. Approval of any design/drawing by KRCL shall however not relieve the APMC in discharging their responsibilities regarding the adequacy of design and proper functioning of the works. The APMC shall be fully responsible for the adequacy, accuracy and quality of entire services performed by them in accordance with accepted standards of safety, earthquake requirements, environment protection, rainwater harvesting and public health.

18.2 Addition and Alterations

KRCL shall have the right to request in writing changes, additions, modifications or

deletions in the design and drawing of any part of the work and to request in writing additional work in connection therewith and the APMC shall comply with such request. The decision of KRCL shall be final on whether the deviations and additions are substantial as requiring any compensation to be paid to the APMC. The additional fee payable for the additional work corresponding to the relevant activity of the work shall be computed on the basis of the quoted percentage only. Nothing over and above this shall be payable. However for the minor modification or alteration which does not affect the entire planning and design etc., no amount will be payable.

18.3 Foreclosure of contract KRCL reserve the right to foreclose the contract without assigning any reason

whatsoever. The payments in the event of foreclosure of contract shall be restricted to the amount defined for each activity independently and in the event of such termination the APMC shall be entitled to all such fee for the services rendered and liable to refund the excess payment if any made to him over and above what is due in terms of this agreement on the date of termination and the employer may make full use of all or any of the drawings prepared by the APMC.

------------------------------------------------------------------------------------------------------------ KRCL (Signature of the Bidder)

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18.4 Dispute/Arbitration

Any dispute arising during the Contract period or any issue pertaining to the entire

scope of work of the project shall be resolved in an amicable manner and the decision of GM/BD/KRCL/MAO shall be final.

If decision of GM/BD/KRCL/MAO is not agreeable to the APMC, then arbitration

proceedings as defined in the GCC of KRCL shall apply.

18.5 Rescinding of contract In the event of failure on the part of the APMC to complete work in time or to the

complete satisfaction of KRCL or in the event of committing breach of any one or more of terms and conditions of the agreement, KRCL shall be entitled to rescind this contract without prejudice to right to claim damages or remedies under the law. The period of notice to be given to rescind contract will be 30 days. In the event of such termination, the APMC shall be liable to refund the excess payment if any made to him over and above that is due to him on the date of termination. KRCL will be entitled to make full use of all or any of the drawings / documents prepared by APMC. In such case KRCL shall have power to engage another APMC to carry out the balance work on the basis of the drawings already prepared, debiting the excess amount if any so paid to the second APMC subject to a maximum of 5% of the total fee which is available as performance guarantee. APMC shall pay to KRCL all such excess expenditure within 30 days of issue of notice failing which APMC shall be debarred from consultancy jobs of Client in future besides taking other course of action under law to recover such amount.

Non submission / submission of Deficient Documents Tenderer / bidder shall ensure submission of all documents required / requested for in

the bid document. KRCL shall not revert back for seeking deficient documents and shall not be responsible for the same. The financial bids of APMC whose technical bids are found to contain deficient documents may not be entertained.

Copyright/Proprietary right

The APMC hereby agrees that the fee to be paid as provided in this agreement will be

in full and final for functions to be performed by him and no claim whatsoever shall be made against KRCL in respect of any part relating to the plans, drawings and other documents submitted by APMC.

The drawings, design, plan, related details prepared and acquired by the APMC for

the work entrusted to him under this agreement will become the property of KRCL. The drawings, design, plan, related details can not be issued to any other person, firm

------------------------------------------------------------------------------------------------------------ KRCL (Signature of the Bidder)

20

or authority or used by the APMC for any other project without prior permission of KRCL. However the drawings and design can be utilized by KRCL for other works and APMC shall not have any objection whatsoever.

18.6 Contract Agreement

18.6.1 The tenderer whose tender has been accepted will be notified of the award KRCL by

issue of a `Letter of Acceptance‟ „ prior to expiration of the Bid Validity period, in the form at Annexure II..

18.6.2 The Letter of Acceptance will be sent to the Contractor in two copies one of which he

should return promptly, duly signed and stamped. The Letter of Acceptance will be a binding Contract between the Employer and the Contractor till the formal Contract Agreement is executed.

18.6.3 The tenderer whose Tender is accepted shall be required to submit stamp papers of

Rs. 200/- as per the provisions of Indian Stamp Act for entering into the agreement within 15 days of the date of issue of Letter of Acceptance.

At the same time KRCL notifies the successful tenderer that his tender has been

accepted, KRCL will direct him to attend their office within 15 days of issue of Letter of Acceptance for signing the Agreement in the proforma at Annexure III.

18.7 Site Meeting / Visits

Regular site visits and site meetings shall be held during execution of the work with the APMC to sort out any problems or to provide any missing information in connection with the work. The meeting may be convened by KRCL as per requirement. There will be no limit on the number of meetings/site visits and nothing extra shall be payable on this account.

------------------------------------------------------------------------------------------------------------ KRCL (Signature of the Bidder)

21

Proforma - 1

Proforma for submission of past Contractual Performance

(Affidavit on non judicial stamp paper of Rs.200/- duly attested by Notary / Magistrate) This is to certify that We, M/s. __________________________, in submission of this

offer. Confirm that:-

I) We have not made any misleading or false representation in the forms, statements and attachments in proof of the qualification requirements;

ii) We do not have records of poor performance such as abandoning the work, not

properly completing the contract, Inordinate delays in completion, litigation history or financial failures etc.

iii) Business has never been banned with us by any Central / State Government

Department/ Public Sector Undertaking or Enterprise of Central / State Government.

iv) We have submitted all the supporting documents and furnished the relevant details as per prescribed format.

v) The information and documents submitted with the tender by us are correct and we are

fully responsible for the correctness of the information and documents submitted by us.

Seal & Signature of the Bidder

------------------------------------------------------------------------------------------------------------ KRCL (Signature of the Bidder)

22

ANNEXURE - I FINANCIAL BID

Date:

To The General Manager/Business Development KRCL, Madgaon

Sub: Architectural & Project Management Consultants (APMCs) for Development of Tourism Infrastructure at MADGAON.

Ref: SPECIAL LIMITED TENDER NOTICE NO.KRCL/GM/BD/APMC/01 Dated 01.11.2013.

Dear Sir,

In response to tender document for the above work, we hereby quote our Professional Charges as under:-

SN Estimated cost of the Project

Consultancy fees to be quoted on Percentage of the total estimated cost of the project in figures and

words

1 Rs. 24 crores

In Figures- In Words-

Note: The consultant should quote the fees as per stages mentioned above on the basis of percentage of estimated total cost of the project excluding service tax as applicable.

We also agree to the following stages of payment

SN Stage of payment for APMC

Fixed Value / Percentage of

Consultancy fee to be paid

1 The payment on submission of the DPR and acceptance and administrative approval of the same by KRCL (Fixed)

Lump sum amount of Rs. 2 lakhs only

2 The payment on approval of Central Financial Assistance by Ministry of Tourism, Government of India

25% less lump sum paid on submission of

DPR

3

The payment on submission of the Tender documents including all architectural drawings, structural drawings, specifications and detailed estimates of the project

25%

------------------------------------------------------------------------------------------------------------ KRCL (Signature of the Bidder)

23

4 The payment on execution of work as per P.M.C scope of work will be on the basis of contractor payment released.

25%

5 The payment after certifying the completion of the building(s)/ project

25%

Certified that: 1. Service tax is not included in the fee quoted above 2. Statutory taxes of any kind and its increase or decrease after submission/opening of bid

shall deemed to be included in the fee quoted herein.

Authorized Signatory APMC Firm/Company

------------------------------------------------------------------------------------------------------------ KRCL (Signature of the Bidder)

24

ANNEXURE - II

(FORM OF LETTER OF ACCEPTANCE)

(By REGD POST / ACK.DUE)

(On the letter head of KRCL)

NO. : KRCL/ Dated :

To

_________________

(Name & Address of the Contractor)

Dear Sirs,

Sub: TENDER No. FOR THE WORK OF

Ref: Your bid dated _________________ and letter dated _____________.

1. This is to notify you that your Tender for the work under reference has been accepted by the Competent Authority of KRCL as per the financial bid submitted by you (copy annexed) and will apply to the actual project cost incurred.

2. The time of ________months allowed for execution of the work will be reckoned from the date of issue of this Letter of Acceptance.

3. You are requested to contact _________ (complete designation and address of the project-in-charge) for carrying out the contract.

4. Pursuant to Clause 14.0, you are required to furnish Performance Guarantee for an amount equivalent to 5% (Five percent) of the estimated contract value in the form of irrevocable Bank Guarantee issued by any scheduled bank. The Guarantee of amount of Rs._________/- is required to be submitted within 21 days of issue of this Letter of

Acceptance.

5. You are also requested to attend this office within fifteen days from the date of issue of this letter for execution of the formal agreement. It may be noted that no payment shall be made for any work carried out by you till the Agreement is executed.

This Letter of Acceptance is being sent to you in duplicate and you are requested to return without delay one copy of the letter duly signed and stamped, as a token of your acknowledgement.

------------------------------------------------------------------------------------------------------------ KRCL (Signature of the Bidder)

25

Kindly note that this Letter of Acceptance shall constitute a binding Contract between us pending execution of formal Agreement. and shall merged and become part of the agreement.

Your letter referred to above shall form part of the Contract.

Yours faithfully,

General Manager/BD For and on behalf of KRCL

Copy to:

1. RRM/KAWR for information. (To be included on the Original sent to the Contractor)

2. Project-in-charge (Complete designation and address)

3. Associated Finance (Not in original)

------------------------------------------------------------------------------------------------------------ KRCL (Signature of the Bidder)

26

ANNEXURE III

FORM OF AGREEMENT

(ON NON JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)

Agreement No. ________ dated _________

THIS AGREEMENT is made on ________ day of ______ Two thousand ________ between, representing through General Manager/Business Development/KRCL acting for and on behalf of the Employer (which expression shall, wherever the context so demands or requires, include their successors in office and assigns) on one part and M/s.______ hereinafter called the APMC (which expression shall wherever the context so demands or requires, include his/ their successors and assigns) of the other part.

WHEREAS the Employer is desirous that certain works should be executed viz.___________ (brief description of the work) and has by Letter of Acceptance dated ____ accepted a tender submitted by the APMC for the execution, completion, remedying of any defects therein and maintenance of such works at the percentage rates quoted in the financial bid submitted by you (copy annexed) and will apply to the actual project cost incurred.

NOW THIS AGREEMENT WITNESSETH as follows:-

1. In this agreement words and expressions shall have the same meaning as are respectively assigned to them in the Conditions of Contract hereinafter referred to.

2. The following documents in conjunction with addenda/ corrigenda to Tender Documents shall be deemed to form and be read and construed as part of this agreement viz.

a) Notice Inviting Tender b) The entire tender document c) Technical Bid containing Instructions to Tenderers and Financial Bid d) The Letter of Acceptance dated______ e) Amendments to Tender Documents if any f) General conditions of contract

3. In consideration of the payment to be made by the Employer to the Contractor as hereinafter mentioned, the Contractor hereby covenants with the Employer to execute, complete, remedy defects therein and maintain the works in conformity in all respects with the provisions of the Contract.

4. The Employer hereby covenants to pay to the Contractor in consideration of the execution, completion, remedying of any defects therein and maintenance of the works, the contract

------------------------------------------------------------------------------------------------------------ KRCL (Signature of the Bidder)

27

price or such other sum as may become payable under the provisions of the contract at the time and in the manner prescribed by the Contract.

5 The contract shall be governed by all applicable laws in India and shall be subject to jurisdiction of law courts at Goa.

IN WITNESS whereof the parties hereto have caused their respective common seals to be hereinto affixed (or have herewith set their respective hands and seals) the day and year first above written.

SIGNED, SEALED AND DELIVERED BY

____________________________

In the capacity of _____

On behalf of M/s. _________

(The Contractor)

In the presence of

Witnesses (Signature, Name &

Designation)

1.

2.

______________________________

Representing KRCL

In the presence of

Witnesses (Signature, Name &

Designation)

1.

2.

------------------------------------------------------------------------------------------------------------ KRCL (Signature of the Bidder)

28

ANNEXURE - IV (Guarantee-Bond offered by-Banks to Konkan Railways in connection with the execution of Contracts) (PG) GUARANTEE BOND FORMAT (To be used by approved Schedule Banks) we, ______________________(hereinafter referred to as “The Bank”) at the request of (indicate the name of the bank) (contractor(s) do hereby undertake to pay to KRCL an amount not exceeding Rs.__________________________________ against any loss or damage caused to or suffered or would be caused to or suffered by KRCL by reason of any breach by the said contractor(s) of any of the terms and conditions contained in the said Agreement. 1. In consideration of Konkan Railway Corporation Limited, Belapur Bhavan, Sector 11, CBD Belapur, Navi Mumbai 400 614 (hereinafter called KRCL) having agreed to award the contract to Architectural & Project Management Consultants (hereinafter called APMC) and in terms and conditions vide letter of Acceptance (LOA) No._______ dated ________, and in terms and conditions of the LOA, the APMC is required to submit the Performance Guarantee in the form of Bank Guarantee for the due fulfillment by the said APMC of the terms and conditions contained in the LOA and the agreement for Rs._______ (Rupees ____ only). 2.We _____________________________________do hereby undertake to pay the (indicate the name of the Bank) amounts due and payable under this Guarantee without any demur merely on a demand from KRCL stating that the amount claimed is due by way of loss or damages caused to or would be caused to or suffered by KRCL by reason of any breach by the said Contractor(s) of any of the terms or conditions contained in the said Agreement or by reason of the Contractor(s) failure to perform the said Agreement. Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this Guarantee. However, our liability under this Guarantee shall be restricted to an amount not exceeding Rs._______________________________________________________________ 3.We undertake to pay to KRCL any money so demanded not withstanding any dispute or disputes raised by the Contractor(s)/Suppliers(s) in any suit or proceeding pending before any Court or Tribunal relating thereto our liability under this present being absolute and unequivocal. The payment so made by us under this Bond shall be valid discharge of our liability for payment there under the Contractor(s)/Supplier(s) shall have no claim against us for making such payment.

------------------------------------------------------------------------------------------------------------ KRCL (Signature of the Bidder)

29

4.We ____________________________________ further agree that the guarantee (indicate the name of Bank) herein contained shall remain in full force and effect during the period that would be taken for the performance of the said Agreement and that it shall continue to be enforceable till all the dues of KRCL under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till ____________________ ____________________ (Office/Department), Ministry of ________________________ certified that the terms and conditions of the said Agreement have been fully and properly carried out by the said Contractor(s) and accordingly discharges the Guarantee. Unless a demand or claim under this Guarantee is made on us in writing on or before the _______________________________________________________, we shall be discharged from all liability under this Guarantee thereafter. 5.We __________________________________ further agree with KRCL (indicate the name of Bank) that KRCL shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extent time of performance by the said Contractor(s) from time-to-time any of the powers exercisable by KRCL against the said Contractor(s) and to forbear or enforce any of terms and conditions relating to the said Agreement and we shall not be relieved from our liability by reason of any such variation or extension being granted to the said Contractor(s) or for any forbearance, act or omission on the part of KRCL or any indulgence by KRCL to the said Contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would but for this provision have effect of so relieving us. 6.This Guarantee will not be discharged due to the change in the constitution of the Bank or the contractor(s)/Supplier(s). 7.We _____________________________________, lastly undertake not to revoke (indicate the name of Bank) this Guarantee during its currency except with the previous consent of KRCL in writing.

Dated the _________________________ day of 20 For _____________________________________

(indicate the name of Bank)