Professional Documents
Culture Documents
India Tourism Development Corporation LTD
India Tourism Development Corporation LTD
The sale of tender documents shall start on 31.01.2014 and shall continue
upto 17.02.2014.The tenders shall be received till 18.02.2014 upto 1100 hrs in
the tender box at 5thFloor, ITDC , Scope Complex , Core 8 , 7- Lodi Road ,
New Delhi.
ITDC reserves the right to accept or reject any or all the applications without
assigning any reason thereof and its decision of selection will be final.
A.B.Kumar
General Manager (Engg.)
ITDC
Room No. 609, Core - 8
Scope Complex
Lodhi Road
New Delhi - 110003
Invitation of Bids
3. Year of establishment___________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
11. Total Number of full time employees(give brief detail for (i) and (ii) below as
per format (Annexure-I)
i) Architects:_______________________________________________
ii) Engineers:_______________________________________________
13. Proposed methodology to be used by the firm to accomplish the task under
consideration (give brief description of work Plan):_____________________
_____________________________________________________________
14. Attach audited balance sheet of the firm for last 3 years duly certified by
Chartered Accountant: with their Seal/Stamp_________________________
15. Have you ever been debarred / black listed by any government Deptt/ PSU/
any employer:__________________________________________________
(If yes, please furnish details)
Certified that the above information is correct to the best of my/our knowledge and no
relevant information is concealed. If at any time during or after the appointment, it is
proved that the information furnished by me/us are wrong, ITDC shall have the liberty
to take necessary action against me/our firm as per applicable law/ rules of land. We
agree that the decision of ITDC in selection of Architect/Consultant will be final &
binding on us.
Date: Name :
Place: Designation :
INSTRUCTIONS
1. The application form and Annexures duly filled in/typed along with the
forwarding letter of the firm and copies of all required documents shall be
submitted to Tender Box at 5th Floor, ITDC, Core -8, Scope Complex ,7 Lodhi
Road, New Delhi 110003 till 18.02.2014 upto 1100hrs.
2. All the pages of the Application Form and enclosures are to be filled up strictly
as required in the format, signed and stamped by the authorized signatory of
the firm.
3. Attach only photo copies of the required documents along with the application
form. The originals of these documents shall be produced for verification as
and when required and asked by ITDC.
4. The firm shall have to provide facility for inspection of their project/works in
India to the inspection team of ITDC Ltd. and make available further details
promptly as desired.
6. The firm shall submit an undertaking that they shall abide by the rules/laws
governing such contracts from the financial, legal or other aspects as
applicable on the land and pay taxes, duties and other statutory deduction as
applicable. The undertaking only in this language/format shall be submitted
with the application form on firm’s letter head.
Annexure – I
Date: Name:
Place: Designation:
Annexure –II
1. Project Description
Name of work:_________________________________________________
2. Employers Details:
Name : ______________________________________________________
Address:______________________________________________________
Telephone/mobile/fax No./E-Mail:___________________________________
3. Contact person:_________________________________________________
5. Scope of contract of the firm ( give details about specific job activities of the
projects executed)
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
6. Project cost:____________________________________________________
Date: Name:
Place: Designation:
Annexure – III
Date: Name:
Place: Designation:
Please submit the prequalification - cum –technical bid and financial bid as per the
procedure indicated here below
1. The bids have to be submitted in two separate sealed envelopes which shall
be super scribed as
a) Envelope-1 - Technical Bid for Appointment of Architect/ Consultant for
Integrated Development of Mega Tourist Circuit (Part –II) in Jharkhand State
and the application form along with enclosures/annexures/required
documents in the Tender Documents marked as T-1 to T-6, terms of
references containing the scope of work and terms and conditions duly signed
and stamped on each page as token of acceptance. This will form part of the
agreement, in case of your appointment subsequently take place.
4. You shall submit curriculum vitae and experience with regard to your team
leader to be deployed by you on the project. These should be attached with
the technical bid.
a. The work experience of similar project and the impact created there of
b. Potential and constraints perceived by the Architect/Consultant for
Integrated Development of Mega Tourist Circuit in Jharkhand State
Part –II, General approval, concepts and elements to be adopted by the
architect for the proposed design.
c. Man power deployment and time schedule.
7. Your bids shall carry 75 % weight age for Technical bid to be finalized based
on the presentation and 25% for Financial bid.
8. You are advised to visit the site to apprise yourself about the actual condition
at site before submitting your offer. Kindly note that no excuse for not having
seen the site shall be considered subsequently for Integrated Development of
Mega Tourist Circuit (Part -II) in Jharkhand State.
10. The quoted price in the financial bid shall be excluding service tax, which
shall be reimbursed upon production of proof of payment/challan.
11. The payment of fees for the services rendered by you shall be made in Indian
Currency.
12. Name of sites taken in DPR of Mega Tourist Circuit in Jharkhand State
Part –II :
The Employer agrees to pay the Architect/ Consultant as remuneration for the
professional services to be rendered by the Architect/Interior Designer in relation
to the said work as stipulated in clause 3 here of , the said fees being hereinafter
called the “FEES”.
2. SCOPE OF WORK
I) Visiting the site, discussing details with the Employer and attending
necessary meetings.
II) Advising the Employer regarding the suitability of the site and /or work(s).
III) Preparation of preliminary drawings and designs, i.e. preliminary
sketches, plans, Elevation, section, perspectives, adequate to explain the
general planning and nature of the work with basic dimensions and
inclusive of ducts, shafts and such other features required for services,
preparation of site plan shown front lawn landscaping etc.
IV) Outline specifications and program of execution.
V) Preparation of preliminary estimate of cost on cubic content or area basis
supported with details of rates adopted.
VI) Modifying (III), (IV) and (V) above , if necessarily and obtaining Employer
final approval.
VII) Preparing list of basic materials proposed.
i) Preparation and submission of programme chart (PERT & BAR) for the
approval of Engineer-In Charge.
ii) Preparation of working drawings and details of all aspects of the work
referred under clause2 and obtaining approval of the Employer for the
same.
iii) Preparation of detailed designs for, landscape, pathways , and external
lighting etc.
iv) Coordination in overall designing, drawings and detailing work pertaining
to structural , electrical , water supply including hot and cold water system
,plumbing and sanitary installations, firefighting, HVAC, telephone system,
security system , building automation as System drainage and other
engineering works mentioned in Clause 2 (Scope of work).
v) Formulation of detailed specification.
vi) Preparation of detailed estimates supported by detailed measurement
sheet calculation and abstracts of quantities and cost based on current /
PWD schedule of rates and other approved schedule or rates as
applicable to the locality and obtaining the approval of the employer for
the same.
vii) Advising and assisting approval on the form of contract and method of
placing the contracts.
viii) Preparation of tender documents, assisting ITDC for invitation of tenders
through publicity, making adequate number of tender documents, and
drawings for issue of tenders, details scrutiny and checking of tenders
receives and commencing on them including preparation of analysis base
on prevailing market rates for working out the realistic cost so as to
ascertain whether the rates received are reasonable with references to
prevailing market rates for the Employer’s decision.
ix) Providing assistance, if required, in negotiating with contractors, suppliers
or manufacturers.
x) Assistance in execution of contract(s) with the contractor(s), copies of the
working drawing, schedules, specifications, BOQ and other contract
documents.
xi) Visiting the site of work at intervals mutually agreed upon the aspects and
evaluate the construction work and where necessary to clarify any doubts
or interpretation of drawings/ specification, attend conferences and
meetings to ensure that the project proceeds generally in accordance with
the conditions of contract. The architect will record his observation about
the work in a register maintained at the site and render advise on action, if
required. They will ensure adherence on the part of contract(s) to detailed
drawings and specification and inform the client about deviation, if any.
xii) All measurement for the work executed shall be recorded by the
employer’s Engineer. The running/final bill abstract shall thereafter be
forwarded to the architect for his comment/recommendations as per
contract provisions within five days.
xiii) Preparation of details including rate analysis in accordance with the
provision contained in the contract of extra item, substituted item and
quantity deviation of BOQ etc. prior to placement of order to contractor.
xiv) Render advise and issue clarifications objections, if any, that may be
raised in regard to the payment made to the contractors.
xv) Preparation and submission of completion reports and drawings for the
project as required and with the assistance of Employer obtain
completion/occupancy certificate from statutory authorities wherever
required.
xvi) Assist in defending arbitration and litigation cases that may arise out of
the contracts entered into in respect of any of the work including dealing
with AUDIT and CTE observation.
xvii) Advising ITDC on accessing cost contract and economy measures to
ensure that the approved estimate are not exceeded.
xviii) Advertising ITDC on exercising cost control and economy measures to
ensure that the approved estimates are not exceeded.
xix) Issue certificate completion of all works according to plans, elevation,
sections, details and specification of architectural, structural and services
etc. prepared by the Architect.
3. Payment of Remuneration
4. MODE OF PAYMENT
For each of the services in scope of architect as per the list of 24 sites, shall
be paid in the following stages consistent which the work done plus
reimbursable expenses as agreed upon. Payment made to the architect shall
be “on account” and shall be adjusted in the final fees payable.
iii On submitting preliminary drawing, model 25% fees payable for respective
for obtaining approval from statutory basis discipline, site wise, less the
amount of any payment already
made
iv On modifying the drawing and obtaining 30% fees payable for respective
approval of local authority discipline, site wise, less the
amount of any payment already
made
vii On finalization of the tender and award of Up to 65% fees payable for
work after negotiation and obtaining respective discipline, site wise, less
approval thereupon and on furnishing of the amount of any payment already
working drawings and other details etc. made.
viii During the progress of work till its Up to 90% fees payable in
satisfactory completion. proportion of value of work
executed at site from time to time
for respect discipline, site wise,
less the amount of any payment
already made. The payment made
at this stage will not exceed the
fees payable.
NOTE:
I. Until the detailed estimate is technically sanctioned only 50%of such
fees which becomes due to the work done shall be released as adhoc
payment on the bills administratively sanctioned estimate subject to
the condition that the remaining 50% of the fees will be paid after the
detailed estimates are technically sanctioned and excess payment, if
any, be got duly adjusted.
II. Taking into account the technically sanctioned estimate cost of the
various items involved, on account payment may be made on the
basis of the progress of services on these items of works, rendered
during each stage mentioned above including timely disposal of
contractors bills. The fees payable after the completion of work and
approved at each stage will be settled in a period not exceeding two
months. The balance of 10% of the fees will be payable after 6 months
of completion certificate. If any dispute is raised by the contractor with
regard to the execution of the work for which arbitration is sought
balance 10% would be withheld until such time the arbitration
proceeding are concluded.
5. The proposed cost of the work Rs 10.22 crores referred to means the
cost to the Employer on such case excluding the following
i) Cost of land.
ii) Any other services, fittings and fixtures, which are not designed,
planned or supervised by the architect.
iii) Any infructuous work of demolition etc. ordered by the architect.
iv) Payment to local authorities for approval of plans, section of
electrical board, soil testing fees etc.
v) Cost of supervisory establishment employed on work by the
architect of the employer.
vi) Cost of advertisement for invitation of tender.
vii) Cost of extra item negotiated due to faulty planning/design by the
architect.
The architect shall follow the time schedule for the completion of the
various items of work as set out in the program chart to be prepared
by the architect and Employer and should be strictly adhered to.
7. The executive control of the work shall be that of CMD, ITDC Ltd. or
any other officer who may be authorized or nominated by him in that
behalf. The Architect shall address communication to the said CMD or
any other officer who may be authorized on his behalf. Similarly the
architect shall act only on written communication or in emergency on
oral communication to be got confirmed thereafter in writing from the
CMD, ITDC Ltd. or any other officer authorized on his behalf.
8. The architect shall supply, free of charge, to the employer six sets
each of approved preliminary drawings and six set each of working
drawings along with subsequently modification, if any, and detailed
estimate and contract document including soft copies. After
completion of the works the architect shall submit reproducible prints
of all completion as built drawing to the employer for the building,
services and installations i/c soft copies.
9. TRAVELLING:
a. The site visit shall be in consultation with the employer. The Architect
or their representatives dealing with the project shall bear the
travelling costs of the first two, to and fro visit to the site. ITDC shall
bear or reimburse the actual traveling cost by the shortest route by air
in respect of third and subsequent authorized visits of the architects or
their representatives, to and fro visit to the site.
b. A discount of 50% on Boarding and lodging excluding liquor in ITDC
Hotels during the period of authorized visits shall be allowed for the
required stay
The architect shall ensure time and prompt payment of fees of their
consultants and specialties so that the services and performance are
guaranteed for successful and timely completion of work. In case of
any difficulties or dispute in this regard, the employer shall have the
opinion to make payment to the consultant or specialists directly
depending upon the services rendered by them and also their
performance on behalf of the architect in which case the fees due to
the architect shall be reduced by these amounts together with
departmental charges.
16. The employer shall make payment of bill submitted by the contractor
from time to time after the same has been duly scrutinized with
reference to the Architect to be correct. A scrutiny of bills will also be
carried out by the employer before making the payment. Where
however, it subsequently transpires that the contractor has been
overpaid due to any wrong scrutiny/ certificate of the
Architect/Architect, the employer shall be indemnified by the Architect
to the extent of actual loss suffered by him. Also the employer
reserves the right to effect recoveries from fees, if any, due to faulty
planning resulting to unavoidable expenses
17.
i) In the event of the failure of the architect to complete and do the work
within time schedule started in the program chart as per clause 2 (B)
(i) and 6 and in a satisfactory manner or in the event of the architect
committing a breach of any one or more of the terms and condition of
the agreement, without prejudice to his rights to claim/damages or any
other rights or remedies under law, the employer shall be entitled to
terminate the services of the Architect.
ii) In case of failure to execute the work in proper time or abandonment
of work or any other reason, the employer will be justified to levy
penalty. The quantum of compensation will be determined by the CMD
of ITDC Ltd. subject to the maximum of 10% of the total fees payable.
18. In case of termination of the work, the scheme/drawing prepared and
submitted by the architect will be sole property of ITDC. ITDC will be
free to implement the scheme directly or through any other architect,
with or without making changes to the original scheme/drawing, for the
same project for which the drawings were initiated
In case of abandonment of the said work due to the causes behind the
control of other party and it appearing to other party that there is no
possibility of resumption of work with a reasonable period, then in that
event, the agreement will be terminated on 2 months’ notice on other
side. In the event of such termination, no further payment except the
payment or payments, which has or have already been made or which
may become payable in accordance with the provision of clauses prior
to the date of such abandonment, shall be made by Employer to
architect.
19. Arbitration.
Any dispute or deference whatsoever arising between the parties with
regard to the interpretation, construction, meaning, scope operation or
effect of this agreement of the breach thereof shall be referred to the
sole arbitrator appointed by the CMD of ITDC Ltd, New Delhi and the
award/decision of the said sole arbitrator shall be final and binding on
both parties. The arbitration proceedings shall be conducted as per
the provision of Indian Arbitration & Conciliation Act , 1996 as
amended as on date. The venues of the arbitration proceedings shall
be New Delhi, only Delhi Courts will have the Justification.
20. The Architect shall follow the time schedule for the completion of
various items of work as agreed upon. The time of performance so
provided in the schedule shall be the essence of the contract.
Accepted.
Evaluation Criteria
Price Bid
Date :
Place:
Signature and seal of the contractor:
The applicant should submit the following documents for fulfilling the eligibility for
Appointment as Architect/ Consultant
1. Proof of average annual financial turnover of firm during last 3 year ending
31st march of previous financial year which should not be less than 30% of
consultancy fees normally to be charged for such work
6. Copy of performance certificates for the works completed during last 7 years
issued by the clients
9. All the documents shall be submitted by the firm duly signed with seal and
should be duly attested by Gazetted officer or an officer in PSE or their
Chartered Accountants.
10. An affidavit of stamp paper of Rs. 100 (non judicial) stating that in case any
ambiguity is noticed in the documents submitted at any stage, we shall be
entirely responsible and liable for any action as deemed fit under the law
12. Tender fees of Rs. 1000 (non refundable ) should be submitted by the
applicant with application form in the form of Demand Draft/Banker’s
cheque in favour of India Tourism Development Corporation Ltd.
payable at New Delhi
(Format of Agreement)
AGREEMENT
This Agreement has been made this day the _________
of____________ 2014 between the India Tourism Development Corporation
Ltd., a Government of India Undertaking having its registered office at
Scope Complex, Core-8, 6th floor, 7- Lodhi Road, New Delhi-110003
(Hereinafter referred to as the Corporation) of the First part and M/s
________________________(Address of Agency______________________)the
second part.
NOW THIS DEED WITHNESSETH AND the parties hereto agree as follows:
The Employer agrees to pay the Architect/ Consultant as remuneration for the
professional services to be rendered by the Architect/Interior Designer in relation
to the said work as stipulated in clause 3 here of , the said fees being hereinafter
called the “FEES”.
2. SCOPE OF WORK
I) Visiting the site, discussing details with the Employer and attending
necessary meetings.
II) Advising the Employer regarding the suitability of the site and /or work(s).
III) Preparation of preliminary drawings and designs, i.e. preliminary
sketches, plans, Elevation, section, perspectives, adequate to explain the
general planning and nature of the work with basic dimensions and
inclusive of ducts, shafts and such other features required for services,
preparation of site plan shown front lawn landscaping etc.
IV) Outline specifications and program of execution.
V) Preparation of preliminary estimate of cost on cubic content or area basis
supported with details of rates adopted.
VI) Modifying (III), (IV) and (V) above , if necessarily and obtaining Employer
final approval.
VII) Preparing list of basic materials proposed.
i) Preparation and submission of programme chart (PERT & BAR) for the
approval of Engineer-In Charge.
ii) Preparation of working drawings and details of all aspects of the work
referred under clause2 and obtaining approval of the Employer for the
same.
iii) Preparation of detailed designs for, landscape, pathways , and external
lighting etc.
iv) Coordination in overall designing, drawings and detailing work pertaining
to structural , electrical , water supply including hot and cold water system
,plumbing and sanitary installations, firefighting, HVAC, telephone system,
security system , building automation as System drainage and other
engineering works mentioned in Clause 2 (Scope of work).
v) Formulation of detailed specification.
vi) Preparation of detailed estimates supported by detailed measurement
sheet calculation and abstracts of quantities and cost based on current /
PWD schedule of rates and other approved schedule or rates as
applicable to the locality and obtaining the approval of the employer for
the same.
vii) Advising and assisting approval on the form of contract and method of
placing the contracts.
viii) Preparation of tender documents, assisting ITDC for invitation of tenders
through publicity, making adequate number of tender documents, and
drawings for issue of tenders, details scrutiny and checking of tenders
receives and commencing on them including preparation of analysis base
on prevailing market rates for working out the realistic cost so as to
ascertain whether the rates received are reasonable with references to
prevailing market rates for the Employer’s decision.
ix) Providing assistance, if required, in negotiating with contractors, suppliers
or manufacturers.
x) Assistance in execution of contract(s) with the contractor(s), copies of the
working drawing, schedules, specifications, BOQ and other contract
documents.
xi) Visiting the site of work at intervals mutually agreed upon the aspects and
evaluate the construction work and where necessary to clarify any doubts
or interpretation of drawings/ specification, attend conferences and
meetings to ensure that the project proceeds generally in accordance with
the conditions of contract. The architect will record his observation about
the work in a register maintained at the site and render advise on action, if
required. They will ensure adherence on the part of contract(s) to detailed
drawings and specification and inform the client about deviation, if any.
xii) All measurement for the work executed shall be recorded by the
employer’s Engineer. The running/final bill abstract shall thereafter be
forwarded to the architect for his comment/recommendations as per
contract provisions within five days.
xiii) Preparation of details including rate analysis in accordance with the
provision contained in the contract of extra item, substituted item and
quantity deviation of BOQ etc. prior to placement of order to contractor.
xiv) Render advise and issue clarifications objections, if any, that may be
raised in regard to the payment made to the contractors.
xv) Preparation and submission of completion reports and drawings for the
project as required and with the assistance of Employer obtain
completion/occupancy certificate from statutory authorities wherever
required.
xvi) Assist in defending arbitration and litigation cases that may arise out of
the contracts entered into in respect of any of the work including dealing
with AUDIT and CTE observation.
xvii) Advising ITDC on accessing cost contract and economy measures to
ensure that the approved estimate are not exceeded.
xviii) Advertising ITDC on exercising cost control and economy measures to
ensure that the approved estimates are not exceeded.
xix) Issue certificate completion of all works according to plans, elevation,
sections, details and specification of architectural, structural and services
etc. prepared by the Architect.
3. Payment of Remuneration
For each of the services in scope of architect as per the list of 24 sites, shall
be paid in the following stages consistent which the work done plus
reimbursable expenses as agreed upon. Payment made to the architect shall
be “on account” and shall be adjusted in the final fees payable.
iii On submitting preliminary drawing, model 25% fees payable for respective
for obtaining approval from statutory basis discipline, site wise, less the
amount of any payment already
made
iv On modifying the drawing and obtaining 30% fees payable for respective
approval of local authority discipline, site wise, less the
amount of any payment already
made
vii On finalization of the tender and award of Up to 65% fees payable for
work after negotiation and obtaining respective discipline, site wise, less
approval thereupon and on furnishing of the amount of any payment already
working drawings and other details etc. made.
viii During the progress of work till its Up to 90% fees payable in
satisfactory completion. proportion of value of work
executed at site from time to time
for respect discipline, site wise,
less the amount of any payment
already made. The payment made
at this stage will not exceed the
fees payable.
NOTE:
I. Until the detailed estimate is technically sanctioned only 50%of such
fees which becomes due to the work done shall be released as adhoc
payment on the bills administratively sanctioned estimate subject to
the condition that the remaining 50% of the fees will be paid after the
detailed estimates are technically sanctioned and excess payment, if
any, be got duly adjusted.
II. Taking into account the technically sanctioned estimate cost of the
various items involved, on account payment may be made on the
basis of the progress of services on these items of works, rendered
during each stage mentioned above including timely disposal of
contractors bills. The fees payable after the completion of work and
approved at each stage will be settled in a period not exceeding two
months. The balance of 10% of the fees will be payable after 6 months
of completion certificate. If any dispute is raised by the contractor with
regard to the execution of the work for which arbitration is sought
balance 10% would be withheld until such time the arbitration
proceeding are concluded.
5. The proposed cost of the work Rs 10.22 crores referred to means the
cost to the Employer on such case excluding the following
i) Cost of land.
ii) Any other services, fittings and fixtures, which are not designed,
planned or supervised by the architect.
iii) Any infructuous work of demolition etc. ordered by the architect.
iv) Payment to local authorities for approval of plans, section of
electrical board, soil testing fees etc.
v) Cost of supervisory establishment employed on work by the
architect of the employer.
vi) Cost of advertisement for invitation of tender.
vii) Cost of extra item negotiated due to faulty planning/design by the
architect.
The architect shall follow the time schedule for the completion of the
various items of work as set out in the program chart to be prepared
by the architect and Employer and should be strictly adhered to.
7. The executive control of the work shall be that of CMD, ITDC Ltd. or
any other officer who may be authorized or nominated by him in that
behalf. The Architect shall address communication to the said CMD or
any other officer who may be authorized on his behalf. Similarly the
architect shall act only on written communication or in emergency on
oral communication to be got confirmed thereafter in writing from the
CMD, ITDC Ltd. or any other officer authorized on his behalf.
8. The architect shall supply, free of charge, to the employer six sets
each of approved preliminary drawings and six set each of working
drawings along with subsequently modification, if any, and detailed
estimate and contract document including soft copies. After
completion of the works the architect shall submit reproducible prints
of all completion as built drawing to the employer for the building,
services and installations i/c soft copies.
9. TRAVELLING:
a. The site visit shall be in consultation with the employer. The Architect
or their representatives dealing with the project shall bear the
travelling costs of the first two, to and fro visit to the site. ITDC shall
bear or reimburse the actual traveling cost by the shortest route by air
in respect of third and subsequent authorized visits of the architects or
their representatives, to and fro visit to the site.
b. A discount of 50% on Boarding and lodging excluding liquor in ITDC
Hotels during the period of authorized visits shall be allowed for the
required stay
10. EXTRA SERVICES AND SPECIAL COSTS
The employer shall pay to the architect reasonable amount mutually
agreed upon for any extra services rendered by them if the architect
for required in incur any drafting or any other expenses due to the
major changes ordered by the employer after approval of designs and
drawings for the increased scope of work.
The architect shall ensure time and prompt payment of fees of their
consultants and specialties so that the services and performance are
guaranteed for successful and timely completion of work. In case of
any difficulties or dispute in this regard, the employer shall have the
opinion to make payment to the consultant or specialists directly
depending upon the services rendered by them and also their
performance on behalf of the architect in which case the fees due to
the architect shall be reduced by these amounts together with
departmental charges.
15. DISCHARGE OF FUNCTIONS TO BE PERFORMED BY THE
ARCHITECT
The architect hereby agrees that the fees to be paid as provided
herein will be full discharge of function to be performed by them and
no claim whatsoever shall lie against the Employer in respect of any
proprietary rights on the part of any other party relating to the plans,
models and drawings. The architect shall indemnify and keep
indemnified the employer against any such claims and all costs and
expenses paid by the employer in defending themselves against such
claims. The architect shall always keep the employer indemnified
against any claim concerning any other parties in connection with the
discharge or their responsibility under the agreement.
16. The employer shall make payment of bill submitted by the contractor
from time to time after the same has been duly scrutinized with
reference to the Architect to be correct. A scrutiny of bills will also be
carried out by the employer before making the payment. Where
however, it subsequently transpires that the contractor has been
overpaid due to any wrong scrutiny/ certificate of the
Architect/Architect, the employer shall be indemnified by the Architect
to the extent of actual loss suffered by him. Also the employer
reserves the right to effect recoveries from fees, if any, due to faulty
planning resulting to unavoidable expenses
17.
i) In the event of the failure of the architect to complete and do the work
within time schedule started in the program chart as per clause 2 (B)
(i) and 6 and in a satisfactory manner or in the event of the architect
committing a breach of any one or more of the terms and condition of
the agreement, without prejudice to his rights to claim/damages or any
other rights or remedies under law, the employer shall be entitled to
terminate the services of the Architect.
ii) In case of failure to execute the work in proper time or abandonment
of work or any other reason, the employer will be justified to levy
penalty. The quantum of compensation will be determined by the CMD
of ITDC Ltd. subject to the maximum of 10% of the total fees payable.
18. In case of termination of the work, the scheme/drawing prepared and
submitted by the architect will be sole property of ITDC. ITDC will be
free to implement the scheme directly or through any other architect,
with or without making changes to the original scheme/drawing, for the
same project for which the drawings were initiated
In case of abandonment of the said work due to the causes behind the
control of other party and it appearing to other party that there is no
possibility of resumption of work with a reasonable period, then in that
event, the agreement will be terminated on 2 months’ notice on other
side. In the event of such termination, no further payment except the
payment or payments, which has or have already been made or which
may become payable in accordance with the provision of clauses prior
to the date of such abandonment, shall be made by Employer to
architect.
19. Arbitration.
Any dispute or deference whatsoever arising between the parties with
regard to the interpretation, construction, meaning, scope operation or
effect of this agreement of the breach thereof shall be referred to the
sole arbitrator appointed by the CMD of ITDC Ltd, New Delhi and the
award/decision of the said sole arbitrator shall be final and binding on
both parties. The arbitration proceedings shall be conducted as per
the provision of Indian Arbitration & Conciliation Act, 1996 as
amended as on date. The venues of the arbitration proceedings shall
be New Delhi, only Delhi Courts will have the Justification.
20. The Architect shall follow the time schedule for the completion of
various items of work as agreed upon. The time of performance so
provided in the schedule shall be the essence of the contract.
Accepted
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